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HomeMy WebLinkAboutCOM 0776.000 1998-2000 4OJNZY•OF hq~ William G. Davis Stephen K. Yamashiro Managing Director Mayor Henry Cho •T~rE os Deputy Managing Director ` ~ l ( I" C~v ~r of 'p"aflaYt 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 • (808) 961-8211 - (808) 96176553. . KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 May 1, 2000 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 99-013) Request: Agricultural to Urban Change of Zone Application (REZ 99-029) Request: A-la to MCX-20 Applicant: Stephen P. Chase Tax Map Key: 1-5-7:80 Change of Zone (REZ 818) Applicants: David and Doris Greer Request: Repeal Ordinance No. 96 48 Tax Map Key: 2-6-8:19, 26, 27, 29,36 & 39 and Por. of 28,31-34,37,38 and 2-6-29:14 & 15 Proposed Street Names Honomu Village Tax MaIKey: 2-8-13 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, Stephen K. Yam shiro Mayor Comm. No. L042000may ZN Enclosures - On file in the Office of the County Clerk Fite No,_ cc: Planning Department PG Ref„ To;, iGO Ref. Date MAY 0 Tv OF Stephen K Yantashiro Mayor ~Of Nt'~ 49YLtxt? of 'AnivInfli PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) %1-8288 • Fax (808) %1-%15 ' MAy o Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 99-013) Request: Agricultural to Urban Change of Zone Application (REZ 99-029) Request: A-la to MCX-20 Applicant: Stephen P. Chase Tax Map Key: 1-5-7:80 The Planning Commission, after a duly held public hearing on April 20, 2000, voted to recommend for your approval the proposed legislative bills for a State Land Use Boundary Amendment from the Agricultural to Urban District and a Change of Zone to change the district classification from Agricultural (A-la) to Industrial-Commercial Mixed (MCX-20) for approximately 8.397 acres of land. The property is located to the west of the junction of the Keaau-Pahoa Road and Pahoa Bypass Road, Keonepoko Homesteads, Puna, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the applications: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Urban District, as well as the Change of Zone of the property from an Agricultural (A-la) to allow a Industrial-Commercial Mixed (MCX-20) zoning, will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the Hawaii State Plan, and the County General Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, lands contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on State or County General Plans. " The subject property does conform to this standard as it is situated across from an urban-zoned area. An earlier approval in 1991 of TMK: 1-5-7:20 from an Agricultural to Urban District and from A-la to CN-20 zoned district supported the expansion of urban uses in Pahoa. More recently, the approval of a request for TMK: 1-5-7:21 also to Urban and CN-20 also indicates the additional need for urban lands to expand the commercial core in Pahoa. The town of Pahoa is located approximately 3/4 mile from the subject property. The reclassification action would also achieve the following goals, objectives and/or policies articulated in the Hawaii State Plan: * Achieve a strong, viable economy, characterized by stability, diversity and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. * Encourage urban developments in close proximity to existing services and facilities. The applicant is concurrently applying for a Change of Zone from an Agricultural (A-la) to an Industrial-Commercial Mixed (MCX-20), to allow the construction of a hardware store, which would include the sale of lumber and a nursery on the property. The use would be a retail establishment or similar to a small home improvement center and be allowable under the MCX-20 zoning. The property is approximately 8.397 acres and of sufficient size to accommodate the proposed uses. The applicant proposes to landscape the site to be visually compatible with the existing area. The request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates this area for Urban Expansion. The Urban Expansion Area allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 specific settlement pattern and mix of uses have not yet been determined. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The area under consideration is consistent with the urban form established for this section of Pahoa as depicted on the LUPAG Map. The property is situated approximately 3/4 mile from the urban retail center of Pahoa and is in the immediate vicinity of a recent zoning change from A-la to CN-20. Thereby, it conforms with the Land Use Commission Rules which encourages urban developments in close proximity to existing developments and in close proximity to existing services and facilities. The property is or will be provided with all utilities and services which are essential to accommodate urban development. According to the Department of Water Supply, water can be made available to the site from an existing 12-inch waterline along the Pahoa Road, which fronts the property. The applicant would be required to submit anticipated maximum daily water usage and a water commitment deposit to the Department of Water Supply. Access to the subject property is from the Keaau-Pahoa Road making a right-turn onto the Old Pahoa Road. The Old Pahoa Road, which is a dead end, fronts the subject property and has an approximate pavement width of 24'5" and terminates immediately to the northwest of the subject property. This road is under the jurisdiction of the State Department of Transportation, who had no objections to the subject request. Further, no agencies expressed objections to the proposed changes. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates a majority of the property as Zone X, areas determined to be outside the 500-year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Thus, the reclassification does meet with the standard which states that the lands included within the Urban District shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects. " Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 While the subject property is within the State Land Use Agricultural and County's Agricultural (A-la) zoned districts, no substantial active agricultural lands will be removed. Presently, there is a small gardening/vegetable area of approximately N acre growing eggplant, squash, taro and papaya. There is also a small vegetable stand on the northwestern corner of the property that will either be removed or relocated. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils is "E" or Very Poor. Therefore, the reclassification of this approximately 8.397 acres from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. Furthermore, an Urban classification would complement the existing and future land use patterns of the surrounding properties. Based on the above, the approval of the State Land Use Boundary Amendment to the Urban District complements the State Land Use District Regulations and is supportive of the Hawaii State Plan. Change of Zone Application In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve quality growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed request from an Agricultural (A-la) to a Industrial-Commercial Mixed (MCX-20) zoned district will conform to the following goals, policies of the General Plan Economic Element. Economic Element * Provide residents with opportunities to improve their quality of life. * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. * The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. The applicant's objective recognizes the growing development needs for the Pahoa community. The applicant seek to provide the community with further commercial, industrial and community service facilities which take advantage of the site's positive physical and locational attributes. By targeting the project area for commercial and industrial mixed development, the applicant is seeking to meet the urban expansion needs in a manner that is in concert with the long-range community plans as expressed in the County General Plan. The primary objectives of the applicant includes establishing a hardware store which would provide quality services that would complement the site and surrounding uses. Due to the limited space available at their present operations, the applicant proposes to relocate their existing hardware store in Pahoa town to the 8-acre site in order to expand their offerings to customers. The applicant proposes to construct an 8,000 square foot hardware store, garden nursery and storage area for lumber. The proposed use would in effect, be a retail establishment and operate like a small home improvement center, which is permitted under the requested MCX-20 zoning designation. In the future, the applicant would eventually like to offer leased space to other small retailers that would be compatible with the area, such an incubator kitchen for local farmers to process their foods. The proposed change of zone request would be consistent with the Land Use Element of the General Plan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. The proposed request would be consistent with the following stated under the Land Use Element: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. The proposed request would also complement the following goals, policies and course of action of the Commercial Element. * Provide for commercial developments that maximize convenience to users. * Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities and neighborhoods. * Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers and transportation systems. * Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. * The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 * Expanded commercial services to meet the needs of population growth in the Puna district shall be encouraged in the area of Keaau. The proposed request would also complement the following goals and policies of the Industrial Element: * Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural and physical environments of the County. * It shall be the policy of the County to achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. * Through its zoning powers, the County shall locate industrial areas convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. * Industrial development shall be located in areas adequately served by transportation, utilities and other amenities. Redeveloping or newly developing areas shall be developed in concert with programmed public and privately funded infrastructure to meet the expected needs. * Topography of industrial land shall be reasonably level. * Industrial development shall be conveniently located to its labor resource. * Buffer zones shall be established between industrial and adjacent non compatible uses of land. * The County shall identify sites suitable for future industrial activities. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested zone change from Agricultural (A-la) to Industrial-Commercial Mixed (MCX-20) conforms to the LUPAG Map, which designates the property as Urban Expansion. This designation allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Therefore, this Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 proposed request will provide the framework of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure. Therefore, this Change of Zone application from an Agricultural (A-la) to an Industrial-Commercial Mixed (MCX-20) designation would conform with this LUPAG Map classification. The applicant is also concurrently applying to the County of Hawaii for a State Land Use Boundary Amendment from the Agricultural to the Urban District for the property, in conformance with its "Urban Expansion" classification under the County's General Plan LUPAG Map. While the property is within the State Land Use Agricultural and County's Agricultural zoned districts, substantial active agricultural lands will not be removed. The applicant states that there is a small gardening/vegetable area of approximately acre of land where eggplant, squash, taro and papaya are grown. There is also a small temporary fruit stand that was constructed by previous owners that will either be removed or relocated. The State of Hawaii ALISH Map classifies the subject property as Unclassified. The Land Use Study Bureau's Overall Master Productivity Rating for soil on the property is "E" or Very Poor. Therefore, the reclassification of this approximately 8-acre parcel from an Agricultural (A-la) to an Industrial-Commercial Mixed (MCX-20) zoned district will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. The proposed development is located approximately 3/4 mile to all necessary urban services and facilities, and will add to the urban core for that area of Pahoa. In addition, directly across Kahakai Road to the north are two parcels which were redesignated from an Agricultural to Urban District and rezoned from A-la to CN-20. Effective December 2, 1991, the County Council adopted Ordinance No. 91 116 which rezoned TMK: 1-5-7:20 (4.901-acre parcel) from A-la to CN-20 for Kaneshiro and Sons Enterprises. Concurrently, the subject parcel was reclassified from the State Land Use Agricultural District to the Urban District and proposed to be the site of a new Food Fair Supermarket. Also recently, TMK: 1-5-7:20 received approvals from the County Council, effective October 1999, for a State Land Use Boundary Amendment from an Agricultural to Urban District, and a Change of Zone from A-la to CN-20 for Sadamu Tsubota for approximately 1.500 acres of land. The property is located at the corner of the old Keaau-Pahoa Road and Kahakai Road approximately 600 feet southeast of the subject property, across from the Kaneshiro and Sons property that was rezoned. It is presently the site of an auto parts store. Therefore, the proposed rezoning and development will be consistent with the expansion of additional urban lands and will complement the land usage within the community and neighborhood it is proposed to be located in. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 The property is located on the Old Pahoa Road at the junction of the Keaau- Pahoa Road and the Pahoa By-Pass Road. The road terminates at the northwestern corner of the subject property. There are no curb, gutter or sidewalk improvements in the area. The Old Pahoa Road, fronting the subject property, has an approximate 24 foot wide pavement in good condition. The road is under the jurisdication of the State Department of Transportation, who had no objections to the rezoning. In keeping with the rustic ambiance of Pahoa town and the recent rezoning of TMK: 1-5-7:21 (Tsubota), no curb, gutter and sidewalk improvements are being required. However, a condition is included that the applicant provide improvements to the frontage of the subject property, with the approval of the Department of Transportation, that are consistent with the rustic ambience of Pahoa town. Safety is a consideration, especially for pedestrians that may be walking to the site. All other essential utilities and services can or will be made available to the site. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, areas determined to be outside the 500-year flood plain. Thus, the reclassification meets with the standard which states that the lands included within the Urban District shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." Based on the above findings, this request to reclassify the subject property from an Agricultural (A-la) to an Industrial-Commercial (MCX-20) zoned district would result in an appropriate land use pattern and further the public convenience, necessity and general welfare. The accompanying draft bills to amend the State Land Use Boundaries Map, H-71 for the County of Hawaii, and Section 25-8-26 (Pahoa Zone Map), Article 8, Chapter 25 (Zoning Code) are provided for your favorable consideration. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 We are enclosing copies of the applications and a copy of the staff background for your information. Sincerely, Richard B. Baker, Jr., Chairman Planning Commission LchaseWPC Enclosures cc: Mr. Stephen P. Chase Department of Public Works Department of Water Supply Kazu Hayashida, Director/DOT-Highways, Honolulu BChaserez0l skg - 4/5/00 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT STEPHEN P. CHASE STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-013) CHANGE OF ZONE APPLICATION (REZ 99-029) STEPHEN P. CHASE is requesting a State Land Use Boundary Amendment from an Agricultural to an Urban District and a Change of Zone by changing the district classification from Agricultural (A-1 a) to Industrial-Commercial Mixed (MCX-20) for approximately 8.397 acres of land. The property is located to the west of the junction of the Keaau-Pahoa Road and Pahoa Bypass Road, Keonepoko Homesteads, Puna, Hawaii, TMK: 1-5-7:80. GENERAL INFORMATION 1. Land Ownership: The property is owned by Stephen and Marjorie Chase. 2. Original Request: The applicant originally requested a CN-20 zoning for the subject property, however, the proposed lumber yard is not a permitted use within the CN zoned district. Under the MCX-20 zoning, the applicant would be allowed to sell lumber as an accessory use to a small home improvement center/hardware store. APPLICANT'S REQUEST 3. Request: The applicant is requesting the State Land Use Boundary Amendment from Agricultural to Urban and Change of Zone from Agricultural (A-1a) to Industrial- Commercial Mixed (MCX-20) in order to construct an 8,000-square foot Hardware Store, which would include the sale of lumber and a garden nursery. The applicant is presently operating the Pahoa Hardware Store, which is the only hardware store in Pahoa town. As the applicant's current location is approximately 3,000 square feet and limited in size, approval of these requests would allow the applicant to relocate their present business to the approved location where a larger structure can be constructed. The current hardware section of the store will be expanded along with the gardening department. In addition, lumber will be offered for sale in a covered area in an approximately 800-1,000 square foot area adjacent to the hardware building for storage of lumber. Providing this service would be in response to customer requests for lumber. The area is proposed to be fenced. J 4. Conceptual Plans: Plans indicate an 8,000 square foot structure located toward the center of the parcel. The proposed hardware store would be one story metal building, with a "plantation style" fagade, not exceeding 25 feet in height. Landscaping will be provided around the site to make the project compatible with the roads surrounding the site. 5. Construction Timetable: According to the applicant, it is anticipated that the store will open in the year 2000. 6. Hours of Operation: Hours are planned for 8:00 a.m. to 5:30 p.m. daily with shorter hours on Sundays. 7. Future Plans: As the subject property is large enough to accommodate other uses, the applicant would eventually like to offer leased space to other small retailers that would be compatible to the area, such as an incubator kitchen for local farmers to process their foods for sale to the public. 8. Additional Information: (See Exhibit A - Change of Zone Application and letters dated February 11 and 14, 2000) STATE AND COUNTY PLANS 9. SLU: Agricultural. 10. Hawaii State Plan Consistency: The goals, objectives and policies for the Economy. 11. General Plan: Consistency with the Economic, Land Use, Commercial and Industrial Elements. 12. GP LUPAG Map: Alternate Urban Expansion with the surrounding area designated as Orchards. The urban expansion designation allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Within areas designated for development as resorts, portions of the resort area may be included in the urban expansion area. 13. Zoning: Agricultural (A-la). 14. SMA: The subject properties are not located within the Special Management Area. -2- DESCRIPTION OF PROPERTY AND SURROUNDING AREA 15. Subject Property: The subject parcel is approximately 8.397 acres and located near the junction of the Keaau-Pahoa Road/Pahoa By-Pass Road. The property is boot-shaped and has frontage along the Old Pahoa Road, which is a dead end. There is a small gardening/vegetable area of approximately 3/4 acre growing eggplant, squash, taro and papaya. There is also a little vegetable stand on the northwestern corner of the subject property that was established by the previous owner, that will be either removed or relocated. 16. ALISH: Not classified. 17. FIRM: Zone 'W', area determined to be outside the 500-year flood plain. 18. U.S.D.A. Soil Type: Lava Flows, Pahoehoe (rLW), has a billowy, glassy surface that is relatively smooth, although in some areas, the surface is rough and broken. Normally this type of soil has no covering and is typically bare of vegetation except for mosses and lichens in areas of higher rainfall. This miscellaneous land type is at an elevation from sea level to 13,000 feet. Annual rainfall ranges from 10 inches to more than 140 inches. 19. Land Study Bureau Soil Rating: "B" or Very Poor. 20. Archaeological Resources: According to the applicant, the site has been previously dozed. 21. Flora and Fauna: According to the applicant, fauna include mongoose, field mice, rats and domesticated cats and dogs. Local birds include the cardinal, barred and spotted doves, mockingbird, mynah, golden plover, pueo, ricebird, house sparrow and white-eye. 22. Surrounding Zoning and Land Uses: Adjacent land to the northwest (Keaau side) of the subject property is vacant land owned by the U.S. Post Office. This parcel is actually located on the other side of the dead-end barrier. Other immediate adjacent surrounding lands are also vacant and zoned Agricultural (A-la). In the vicinity there is agricultural activity, including greenhouses. Approximately 600 feet southeast of the property, there is an auto parts store, established through a recently approved rezoning from A-la to CN-20. 23. Recent Commercial Rezoning in the Vicinity: The following requests were approved -3- in the vicinity: A. Kaneshiro and Sons Enterprises received approvals from the County Council, effective November 1991, for a State Land Use Boundary Amendment from an Agricultural to Urban District, and a Change of Zone by changing the district classification from Agricultural (A-la) to Neighborhood Commercial (CN-20) for approximately 4.901 acres of land. The property is located at the corner of the old Keaau-Pahoa Road and Kahakai Road approximately 200 feet southeast of the subject property, TMK: 1-5-7: Portion of 20. Although the applicant proposed to construct a supermarket, the parcel is presently vacant. B. Ruth W. Ward received approvals from theCounty Council, effective November 1999 for a State Land Use Boundary amendment from Agricultural to Urban and a Change of Zone by changing the district classification from Agricultural (A-la) to Village Commercial (CV-10) for approximately 23,196 square feet of land. The property is located on the east side of the town of Phage directly across of the Pahoa High School, Puna, Hawaii, TMK: 1-5-6:23. The applicants proposed to convert the existing dwelling into an office building. C. Sadamu Tsubota received approvals from the County Council, effective October 1999, for a State Land Use Boundary Amendment from an Agricultural to Urban District, and a Change of Zone by changing the district classification from Agricultural (A-la) to Neighborhood Commercial (CN-20) for approximately 1.500 acres of land. The property is located at the corner of the old Keaau-Pahoa Road and Kahakai Road approximately 600 feet southeast of the subject property, across from the Kaneshiro and Sons property that was rezoned, TMK: 1-5-7: Portion of 21. The property has been developed and is presently the site of an auto parts store. PUBLIC SERVICES AND FACILITIES 24. Access: Access to the subject property is from the Keaau-Pahoa Road making a right-turn onto the Old Pahoa Road. This road is under jurisdiction of the State Department of Transportation, has an approximate pavement with of 24'5" and terminates immediately -4- to the northwest of the subject property. There are no curb, gutter or sidewalk improvements in the area. 25. Water: According to the Department of Water Supply, water can be made available to the site from an existing 12-inch waterline along the Pahoa Road, which fronts the property. The applicant would be required to submit anticipated maximum daily water usage and a water commitment deposit to the Department of Water Supply. 26. Wastewater: According to the applicant, they will comply with the respective State and/or county agencies in regards to waste disposal systems. 27. Other Essential Utilities and Services: Police and fire services are within Pahoa Town. AGENCIES' COMMENTS 28. Police Department (December 30,1999): "Staff has reviewed the above-referenced applications and has no comments or objections to offer at this time." (February 25, 2000 Memo): Same comments as above. 29. Fire Department (March 9, 2000 Memo): "We have no comments on the above-referenced Sate Land Use Boundary Amendment and Change of Zone Applications." 30. Real Property Tax Office (December 27, 1999 Memo): "There are no comments at this time. "Current - Real Property taxes are paid through December 31, 1999." (February 22, 2000 Memo) Comments were same as above. 31. State Department of Transportation - Honolulu (January 20, 2000 Memo): "Thank you for your transmittal of December 15, 1999, regarding the above subject. We have no objections to the State Land Use Boundary Amendment and Change of Zone applications." -5- (March 17, 2000 Letter): "Thank you for your transmittal of February 17, 2000, requesting our review and comments regarding the above change application. We have no objections to the State Land Use Boundary Amendment and Change of Zone Applications." 32. State Land Use Commission (December 29,1999 Letter): "We have reviewed the subject applications transmitted by your memorandum dated December 15, 1999, and confirm that the subject parcel is designated within the Sate Land Sue Agricultural District. We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject applications. Should you have any questions, please feel free to call me or Bert Saruwatari of our office at 587-3822." (February 25, 2000 Letter): "We have reviewed the amended request for the subject change of zone application forwarded by your memorandum dated February 17, 2000, and have no additional comments to offer to our previous comments dated December 29, 1999, on the subject applications. Should you have any questions, please feel free to call me or Bert Saruwatari of our office at 597-3822." 33. Department of Public Works: (See Exhibit B - December 29, 1999 and March 10, 2000 Memo) 34. Department of Water Supply: (See Exhibit C - January 6, 2000 and February 24, 2000 Memo) 35. State Department of Health: (See Exhibit D - November 23, 1999 Memo) AGENCIES - NO COMMENTS 36. Department of Transportation-Hilo, Fire Department. PUBLIC COMMENTS 37. The department has not received any comments or objections from the public on this request. -6- COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: 'i 4 .1. ~1 A ( ,j APPLICANT'S SIGNATURE: ~jha.n~ LI~:.S MAILING ADDRESS: 3x 3_21h0.0% ~ WL 9679 TELEPHONE: (BUS) (HOME) LANDOWNER: S ~o~f 0-( .L LANDOWNER'S SIGNATURE: l!~~.~h TAX MAP KEY: - -S' - gU LAND AREA: qC e S CURRENT STATE LAND USE DISTRICT CLASSIFICATION: REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: U,('Ipq THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. EXHIBIT 0400q ! l PD 2/26/87 r County of Hawaii Application For State Land Use Boundary Amendment Tax Map Key: 3-1-5-7-80 Stephen P. Chase GENERAL BACKGROUND The applicant, Stephen P. Chase, is requesting a State Land Use boundary amendment from Agriculture to Urban and a County zoning amendment from Agriculture (Ag-la) to Commercial Neighborhood (CN-20) for the subject property. The subject property consists of 8.397 acres. It is located within the Keonepoko Iki homestead, Pahoa, District of Puna, Island of Hawaii, the town of Pahoa, at extension of the old Pahoa- Keaau Highway. This request is to enable the applicant to move his business, Pahoa Hardware to the subject property as a commercially zoned (CN- 20) parcel. The owner of the property is Stephen P. Chase. The town of Pahoa, where the subject property is located is the main community of the lower Puna District. PROJECT DESCRIPTION The applicant is proposing to construct a 8000+ square foot Hardware Store. The building would be one story and should not exceed 25 feet in height, including the roof line. The store, which is currently in operation in Pahoa town would provide the usual range of Hardware, Lumber and Gardening Supplies. It is anticipated that the opening of the store would be in 2000. The hours of operation are planned for Sam to 5:30pm daily with shorter hours on Sundays. The site is located at the end of the old Pahoa-Keaau Road (a dead end road). No access is planned from the Pahoa By-Pass road. Access would be via the Pahoa Road. Landscaping would be provided around the site to make the project visually compatible with the major roads surrounding the site. It should be noted that Pahoa Hardware is the only hardware store in the area. The closest comparable type of store is located in the town of Keaau, which is about 11 miles away. PROJECT LOCATION The subject property is located along the old Pahoa-Keaau Road in the Keonepoko Iki Homesteads, Pahoa, District of Puna. The site is bounded by the Old Pahoa Road and adjacent properties owned by Mr. Tsubota, Sanford's Service Center Inc. and the United States Post Office. Properties within 200 and 600 feet from the subject property on Pahoa Road (Tax Map Keys 3-1-5-7-20 and 3-1-5-7-21) have had a zoning change from Ag-la to CN-20. The State Pahoa Agricultural Park, which consists of 60 lots from 5 to 30 acres in size, is located generally to the East of the subject site across the Pahoa By-Pass Road. Surrounding zoning is A-la accept as previously noted, and is characterized by rural /residential lots and/or uses. The surrounding areas are also within the State Land Use Agriculture District. The nearest commercially-zoned area is located approx 200 feet away on the Pahoa side of the subject property on Pahoa Road. The nearest Urban District is situated a 1/4 mile away towards Pahoa Town. Major subdivisions located in the general vicinity include the Hawaiian Beaches, Parks and Shores subdivisions in addition to the town of Pahoa. INSTITUTIONAL CONSIDERATIONS The State Land use District classification is Agricultural. A State Land Use reclassification is required, and this application also includes such a reclassificatory action by the County. County action is possible, as the site is less than 15 acres. County General Plan. the General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for Alternate Urban Expansion uses with a basic designation of Orchard. Under the Alternate Urban Expansion designation, the proposed zoning could be considered without a General Plan amendment. Zoning Code. The subject parcel is zoned Agricultural 1-acre by the Hawaii County Zoning code. The request is to rezone said area into the Commercial Neighborhood district (CN-20). If the request were approved, all other aspects of the Zoning Code would be complied with such as height, setbacks, parking etc. Special Management Area. The site is not within the Special Management Area (SMA). As such, a SMA Use Permit is not required. INFRASTUCTURAL CONSIDERATIONS Roadways/Access. The subject parcel is bounded by the old Pahoa-Keaau Road. Its access would thus be via Pahoa Road. At the proposed entrance to the subject site (Pahoa Road) , the right-of-way is 80 feet. The pavement width is about 40 feet and there are 20 foot shoulders on both sides of the pavement. It is a dead end road. Driveway location and sight distance for proposed project from all affected roadways will meet with the requirements of the Statewide Design Manual. The proposed use is not expected to generate any additional traffic as the business is currently already in operation in Pahoa town and may in fact relieve some of the congestion in the downtown area. Water. Water in this area is available from the County water system, individual catchment or a private water company. Water for this proposed Hardware Store would be made available from the County's water system, which is currently servicing the property. Sewage Disposal. The property will comply with all respective State and/or county agencies require for waste disposal systems. Utilities. All other essential utilities (electricity and telephone services) are available to the project site. Fire/Police Protection. Both services are available to the area. The town of Pahoa is served by the Pahoa Substation of the Hawaii County Police Department in Pahoa town. A fire station is also located in the Pahoa town. ENVIRONMENTAL CONSIDERATIONS Soils. The subject site is currently the site of a fruit stand and garden. The land has previously been dozed and ripped. It is rated "E" or very poor on the Land Study Bureau's Overall Productivity system. It is also not classified on the State's Agricultural Lands of Importance to the State of Hawaii (ALISH) system. Soils of the area are of the Pahoehoe Lava Series (RLW), which has a glassy face that is relatively smooth. Pahoehoe lava has no soil covering and is typically bare of vegetation except for mosses and lichens. It is moderately drained, with an average slope of 0 to 35 percent. It is regarded as being unsuitable for machine tillability. Based on these ratings of agricultural lands and its present use, as well as the resource being fairly typical of this area, little or no impact is expected on agricultural land resources by the proposed project. It should be noted, however, there is some surrounding agricultural activity in the general vicinity. The State's Pahoa Agricultural Park is located about a mile to the east of the subject site and across of the makai side of the Pahoa By-Pass Road. The parcel is located at the 350 foot elevation above mean sea level. Annual rainfall averages between 150 to 175 inches annually. Drainage. The Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corps of Engineers delineated the area to be in Zone X, an area outside of the 500-year flood plain. Animal/Plant Life. Fauna include mongoose, field mice, rats and domesticated cats and dogs. Local birds include the cardinal, barred and spotted doves, mockingbird, mynah, golden plover, pueo, ricebird, house sparrow and white-eye. Floral characteristics of the site include an approx 3/4 acre garden growing taro, eggplant, squash and papaya. Archaeological Features. As mentioned earlier the site has previously been dozed and ripped. Included in this application is a letter of no significant findings form the state archeologist in which nothing of archaeological value was found on the site. JUSTIFICATIONS FOR STATE LAND USE REQUEST Subsection 15-15-18 of the Land Use Commission's rules identifies eight (8) standards for determining the boundaries of an urban District. Much of these overlaps with the county's rezoning standards. As such, only a summary of this project's relationship to those standards will be provided. While this area is not necessarily characterized by "city- like" concentrations of people, it is as close to an urban setting one can find in rural communities on the Big Island. From that perspective, it is important to note that an Urban District (the town of Pahoa) is located a 1/4 mile from the subject site. When taken in the context o the General Plan for this area, the subject site is really a part o the town of Pahoa. Furthermore, it is located in an area close to places of employment and other public services. The subject property is relatively free of any significant and/or insurmountable development constraints. There is no history of flooding or unstable ground or soil conditions. As noted earlier, while it is not contiguous to an Urban District, it is part of a logical extension of the Urban area. The County General Plan LUPAG map designates this area for Alternate Urban Expansion, suggestion that this is an area logical for further urban type of uses. The development will not contribute towards a scattered land use pattern. Government services will not have to be further extended to this area, as they are already being provided. Finally, although this site will abut an Agricultural District, this development's impacts to the area's agricultural resources should not be overly pronounced. The soil is not unique but instead is generally typical of this area. Then, too, the type of services provided by this request (Hardware Store) actually help to service some of these agricultural activities in the area. JUSTIFICATIONS FOR COUNTY REZONING REQUEST Conformity to the General Plan LUPAG Map. As noted earlier, the General Plan LUPAG map designates this area Orchard and Alternate Urban Expansion. Under the Alternate Urban Expansion designation, the proposed zoning could be considered. Relationship to Commercial Element of the General Plan. The General Plan document has a number of applicable land use and commercial policies. These include the following: Land Use - Policies *Zone urban ...types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. *Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County *The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Land Use - Commercial Development *Goal - provide commercial developments that maximize convenience to users. *Goal - provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. *Policy - Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers and transportation systems... *Policy - Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. *Policy - The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. *Courses of Action (Puna) - Centralization of commercial activities in Pahoa shall be encouraged. *Courses of Action (Puna) - Appropriately zoned lands shall be allocated as the need arises. The requested zoning and location would not be inconsistent with the aforementioned goals, policies, and courses of action. For one thing, there is already a demand. Pahoa Hardware has been in business in Pahoa for 6 years. The district of Puna is one of the fastest growing populated areas in the State. Although a rural agricultural area, the population has increased due to lower cost (as compared to Keaau and South Hilo) an availability of land and the short commute to hilo town. Hawaiian Beaches, Parks and Shores Subdivisions consists of approximately 3,915 lots within these subdivisions which range from 7,500 to 24,000+ square feet in size with approximately 830 residential structures as of 1988 (Hawaii County Planning Department). There are also other subdivisions in the vicinity - Orchid Lands Estates, Nanawale, Leilani Estates etc. that will also be served by this project. Reflective of this growth, a new elementary school was recently constructed. There is thus a need to have areas set aside to service the retail need of this area. From a locational perspective, this site would be fulfilling the course of action which calls for centralizing commercial activities to Pahoa. This would be in lieu of spreading such uses to other parts of the lower Pahoa region. There is already a precedent set with the rezoning of Tax Map Keys 3-1-5-7-20 and 3-1- 5-7-21 to CN-20, the closest of which is located diagonally across Pahoa Road approx 200 feet away from the subject property. Then too, this site provides ease of access to not only Pahoa resident, but to surrounding residential communities of Hawaiian Beaches, Hawaiian Shores, and the like. The Pahoa By-pass Road will facilitate access to this site, especially to the going home" traffic. All of the other basic infrastructure is available, such as water and utilities. It is conceded, however, that in a sense this site does not fit the conventional commercial extension concept. It doesn't amount to an immediate extension of the existing core of Pahoa. However, there is an extenuating circumstance that make this extension difficult to fulfill. This circumstance is the condition of the road that goes through Pahoa Town. The road has varying rights-of-way widths, in certain areas less than 30 feet. Many of the structures are near the roadway, making its widening too costly and unfeasible. This was one of the major factors leading to the construction of the Pahoa By-Pass Road. Short of making major infrastructural improvements, the central core of Pahoa town is incapable of accommodating this need. And a retention of the conventional land use approach (in this particular instance) of allowing commercial uses to occur only as extensions of the central core may not be in the best interest of the community. Nonetheless, the site is still regarded as being a part of the town of Pahoa; and to that extent, it will help implement the General Plan Course of Action - to focus commercial activities to the town of Pahoa. Compatibility with Surrounding Area. The proposed use will not alter the character of the area significantly as there is an Auto Parts Store approx 600 feet away. There are scattered homes in the immediate area. Through design and landscaping, this proposed development would not be an unreasonable use in this area. There are presently small rural-type stores in Pahoa Town and the general Puna area for the residents. Major shopping areas are located in the towns of Keaau and Hilo, approximately 11 and 20 miles to the north of Pahoa town. Agricultural Impact. Based on ratings and comparison of agricultural lands and its present use, little of no impact is expected on agricultural land resources by the proposed project. No Added Infrastructural Burdens. All essential utilities and services could be made available to the surrounding development. Roadways. Traffic generated would not have an adverse impact on the local roadway system. No On-Site Development Issues. There are no known rare or endangered plant or animal life on the subject property. There area also no known historical sites on or within the general area of the subject property. No history of flooding or drainage problems are associated with the property. r i ~ ~ :tM ?aQ a 1 k y , W to ,I 77 \ rD ~ ~ ~ wts~ ~ U n ja V ~ j a~ ~ i0~ ~ ryl o ~ ti~O v~ PL /\T n I kD u QQ * rT t n? V I ® to o f 2t q w e. tit , a III 41,{ N d i ^ Oil ~ ++f d Z~~~ a w~ 1 (n~-E•' ~r p V ® Y i + 7°.~ 80 a yyb .y,o VM 1 10 4DR tf C 4.91 • ~t. e Y ~ A 2 I (/Q ; ~ a dO a ' ~ w+.,. s l•T, ._r Py' o . ; Q t ll UI ,'Ott i q D O p w F' 1 ~ v 8 e W o !i n 10 .~i"n //H, 2 C 2 w coo e,...N , _ . b a tea! t? Oti `l • ~ •ri Ed • f, ht v~ ~ D` 0 u I a 2 {~7 4 ' C.;:.•i',' Fig ~ ;b c I ~ ~ ••1ta :SIT'-I Yx TR7Ta_.. °i { ~ v If'+\he~~1 ~til nl~~ ~Oa A 5 W w ~ .V v1 y, Yi 1a w^° 3 h R C w lf11 o. c~ r Q ~ r1 Fw O ° d }}t°~ I 0 d tQ~ ~bY f 7S 4 'i ~ fit' ~•t~ ~ ~'o _ • - - - r . .i o _ ~ a i.-1 ~ i it[ 7e..f it .i.. ' • V 0 . . ' N L L.' . 3 1 1r et, T NJ\ ( 6) I - - 7 — Ls) r•?•• 1. 5 k-e. \K\ e n hy l ; • ' ‘1"ar Kt to\ '14 • 0 • r • 1. r.Y.ko.Lncy_ < A; C'a1icrek, • I 014 E " K a et 0 a c l .t` • • EA; • , • 0 'IreL • . , r t ??).. I //7 1 00; • • _37 • • C) D i f\1 J l`, 'l l ice" \ v ~ v-7 v ? =r e ~ • • v r ~ inn ~ ~ 7 e~ l'I c~"~ ; ~ r o s ~3 . ~ ~ ~ e. t _ a ~l.a l~'~ e 8 0 ~n c~ a r y l I 0- `0 A lT~rovv~ t 1~~~•~'.3~ ~~7 ~\-~~Ij:~rlVvC ~~I, r^: lti ,rVfi j'1~}l''.~f__i ~tli 1. ~~~ti-~. r~~.>11 V~.4 r! Nwor Lin Tai Wi.lC% 1 o r. a Ga Upost c- i in _C,4\ 1t i ! 1 i' l veceje7A a Cin n VIQ4 nLC. ut ~y yc.lned0lP- ova h~5 ~rv~a k'c e ~ +~h L S ~c 00 2,0 0 February 14, 2000 Hawaii County Planning Department 25 Aupuni St Hilo, Hawaii re: State Land Use Boundary Amendment Application (SLU'`,-013) Change of Zone Application (REZ I-02-1) TMK 3-1-5-7-80 This letter is to clarify certain points of my above referenced applications regarding the rezoning of my property. As stated in the letter dated February 11, 2000 I am requesting an amendment to my zoning designation from CN-20 to MCX-20 due to the conflict with my intention to sell lumber. To clarify my plans: My business is the sale of retail hardware merchandise which I am currently conducting at my present location in Pahoa. The current size of the store is approx 3000SF. The new location will be approx 8000SF. Of this area I plan to expand my current offering of hardware and due to much demand by my customers, increase the size of the gardening department which will be enclosed in the store and add the addition of basic lumber as I am asked for this on an almost daily basis. While I am reluctant to branch into this area, local demand indicates it is indeed needed. This would however, only be a minor portion of the business. I would like to be able to use approx 800-1000sf of the land adjacent to the hardware building for the storage of lumber. This will be in a covered area but because of the bulk of the material, loading customers would be easier accomplished if the material was not enclosed. I do intend to secure the area with fencing. When the new building is complete my plans call for closing my current location. As for any other development in the future I would eventually like to be able to offer leased space to other small retailers that would be compatible to the area. At this time I have been approached by a non-profit organization that would like to start a community "incubator" kitchen for local farmers ro process their foods for sale to the public. I think this would be a positive addition to Pahoa- and am willing to work with this group to accomplish this. I would also like to mention that I have been on the Board of Directors of MainStreet Pahoa for s~,ueral years as well as an active member of the Pahoa Lions Club and ar very comrnirred ro working to improve the image of Pahoa as well as quality of services available. Please feel free to call me should you have any other questions. ug:PARTMENT OF PUBLIC WORhs COUNTY OF HAWAII HILO, HAWAII DATE: December 28, 1999 TO: Virginia Goldstein, Planning Director FROM: Department of Public Works_ SUBJECT: CHANGE OF ZONE APPLICATION (REZ 99-29) STATE LAND USE BOUNDARY AMENDMENT (SLU 99-13) - Request: A-1 a to CN-20 Applicant: Stephen P. Chase TM K: 1-5-07: 080 We have reviewed the subject application forwarded by your memo dated December 15, 1999 and have the following comments. 1. All buildings shall conform to the requirements of code and statutes pertaining to building construction. 2. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 3. The subject parcel is in an area in which flood hazards are undetermined by the Federal Emergency Management Agency (FEMA). grading and gruhhing, shall rnrfn'rr, to Chnpter 10, FroSinn III tl~}nrc+! tivi#°;, nc1ucdinq and Sedimentation Control, of the Hawaii County Code. 5. Wastewater disposal shall meet the rules and regulations of the Department of Health. 8. Keaau-Pahoa Road, fronting the subject property, is under the jurisdiction of the Hawaii Department of Transportation (HDOT). Comments and requirements concerning this road should be directed to the HDOT. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. EXHIBIT KG 111) DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: March 10, 2000 TO: Virginia Goldstein, Planning Director Planning Department FROM: Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 99-29) STATE LAND USE BOUNDARY AMENDMENT (SLU 99-13) Request: A-1 a to MCX-20 Applicant: Stephen P. Chase TM K: 1-5-07:080 We have received the subject application forwarded by your memo dated February 17, 2000 and have no comments beyond our December 28, 1999 memo to you regarding the same application. Questions may be referred to Kelly Gomes at ext. 8327. KG wArf# 1! 1! DEPARTMENT OF WATER SUPPLY e COUNTY OF HAWAII 25 AUPLINI STREET • HILO, HAWAII 96720 011HAW A. TELEPHONE (808) 961-8660 FAX (808) 961-8657 January 4, 2000 TO: Ms. Virginia K. Goldstein, Planning Director Planning Department FROM: Milton D. Pavao, Manager ,-y SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-013) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 99-029) REQUEST: A-la TO CN-20 APPLICANT - STEPHEN P. CHASE TAX MAP KEY: 1-5-007:080 We have reviewed the subject application for the proposed State Land Use Boundary Amendment and Change of Zone and have the following comments. Based on the prevailing water situation in the area, water can be made available from an existing 12-inch waterline along the Pahoa road, which fronts the subject parcel. Prior to issuing a water commitment to the proposed development, the following are requested: 1. The anticipated maximum daily water usage as recommended by a registered engineer must be submitted. The Department reserves the right to make a final determination. 2_ In accordance with the Department's Water Commitment Guidelines Policy, a copy of which is being forwarded to the applicant, a water commitment deposit must be remitted. The applicant will be informed of the deposit amount upon final determination of the submittal required in Item 1. Upon completion of the above requirements, an official water commitment will be effected in accordance with the attached policy. The commitment will be in writing with specific conditions and effective dates stated. EXHIBIT Ms. Virginia K. Goldstein, Planning Director Page 2 January 4, 2000 Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Should there be any questions, please call our Water Resources and Planning Branch at 961-8665. Sincerely yours, Milton D. Pavao, P.E. Manager BCM:gms copy - (w/att.) Mr. Stephen P. Chase cj w A itr O~`1 f G~ i I! 1! DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII OG f 25 AUPUNI STREET • HILO, HAWAII 96720 111w?~~.~~ TELEPHONE (808) 961 -8660 FAX (808) 961 -8657 February 24, 2000 TO: Ms. Virginia K. Goldstein, Planning Director - Planning Department FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-013) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 99-029) REQUEST: A-la TO MCX-20 APPLICANT - STEPHEN P. CHASE TAX MAP KEY: 1-5-007:080 We have reviewed the subject application for the proposed State Land Use Boundary Amendment and Change of Zone and have the following comments. Based on the prevailing water situation in the area, water can be made available from an existing 12-inch waterline along the Pahoa road which fronts the subject parcel. However, this availability is limited to not more than 7 units of water for the subject parcel, which would be a daily maximum of 4,200 gallons. Prior to issuing a water commitment to the proposed development, the following are requested: 1. The anticipated maximum daily water usage as recommended by a registered engineer must be submitted. The Department reserves the right to make a final determination. 2. In accordance with the Department's Water Commitment Guidelines Policy, a copy of which is being forwarded to the applicant, a water commitment deposit must be remitted. The applicant will be informed of the deposit amount upon final determination of the submittal required in Item 1. Upon completion of the above requirements, an official water commitment will be effected in accordance with the attached policy. The commitment will be in writing with specific conditions and effective dates stated. Water ~ ringj progreJ3.. . Ms. Virginia K. Goldstein, Planning Director Page 2 February 24, 2000 Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Should there be any questions, please call our Water Resources and Planning Branch at 961-8665. Sincerely yours, IAV-- Milton D. Pavao, P.E. Manager BCM:gms copy - (w/att.) Mr. Stephen P. Chase P:•' ys k BENJAMIN J. CAYETANO i Bruce S. Anderson 9 Ph.D. , fol. GOVERNOR ~1 s3~ OI RECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 f MEMORANDUM DATE: December 23, 1999 TO: Virginia Goldstein Planning Director, County of Hawaii FROM: Aaron Ueno , District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application (SLU 99-013) Request: Agricultural to Urban Change of Zone Application (REZ 99-029) Request: A-la to CN-20 Applicant: Stephen P. Chase Tax Map Key: 1-5-007:080 Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." By current rules, the subject lot is located in a Critical Wastewater Disposal Area. A lot size of one (1) acre or more is regjvred for the Ilse of a cesspool. Only one (1) cesspool would be allowed on the lot. A septic tank system would be needed if a second wastewater disposal systiern is needed on this lot. W P7.o: S LU99-13 RGZ 99-29. n1i y3. EXHIBIT 0 COUNTY OF HAWAII PLANNING DEPARTMENT F ` 1 lE. ~ ~ ! C5 CHANGE OF ZONE APPLICATIOV (Type or legibly print the requested information) APPLICANT: Se.DhO'nt'. aA-~- APPLICANT'S SIGNATURE: ~ h~.Cl• z, DATE: 1I 1' ADDRESS: • UoX 9L 14 ~g Cxk . R-1 90/4119 LIST APPLICANT'S INTEREST IF NOT OWNER:- 1 O u1 Y1G.2~ LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE: (Bus.) E30'A'310(Res.) (20`o (Fax) ft LANDOWNER(S): ~~War OrtE S ~haS.~, LANDOWNER SIGNATURE(S): I~ y DATE: fi - / 5` LANDOWNER(S) ADDRESS: O.~dx 96 May a att,,) NT 910-4`,~ 9 REQUEST: Xa-IcL i' rJ TO N-.Z0 o,,,,A& cj J[ TAX MAP KEY: (Existing zo g) 3 - 5 - 1 -$D (Proposed Zoning) STREET ADDRESS OF PROPERTY: 00 14'a4v I~ SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: `x.394 Acres A lacv-~ AGENT: Sckrk O's" ADDRESS : TELEPHONE: (Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: (See Instructions on Reverse Side) ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to suodivioe the subject land in accordance with the approved change of zone? If yes, please answer the rest of question 1 and then to ques ion 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes?_ C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? - If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? N C. Sell or lease the land to someone who has no plans? No d. Keep it? /as e. Other (please state) f. If you intend to do either a, o, or c, please elaborate on the kind of plans the other party nas. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. NIA 3. What specific building plans do you have for the subject land? Include in your answer the following: type of ouilding (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. See. Ct4AC~J OrAnmA rinanCInq artran~e~mQ.ti s are. lay+n SQc'k rou h ` - ownvr5 Of enQ~n ll~S~it~tMl, n /2o S Co n sirv a n n w Ac1 1 G e S2cur in~ a If neCessar/ ~ove~mQ.,~~aQ ct~pro~t~ ~pr G~ Me;~4 -B'J"t~%A W k+~, 11 CA, to P6f 4"'O(1 Sye- t~G C a d C.. T S I S .k r rn t, t'Y a w~ L. 4~k O W W S n an/ 2 en ~01~ Will 6., tvUW - - t ?c~~w~ an~ 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? If so, please elaborate on your findings in the space provided below. ~A C 0%4QC J Oanr\,A~ r~t7o,1"~ -2- 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? If so, please elaborate on your findings in the space provided oelow. ''II VOMAIA~ S-eiL A'C'W f-e-?OeL 1 6. Are there any buildings on the suoject area? If so, what kind? _Lt1arui~s apPr°X r lzxl~ C'M'Srkvcl'r~ bi ffeV(OU5 awws. What do you intend to do with those buildings if your request is approved? ,-tmo~, f- or re (oox~,e- 7. Is the subject land currently being used for any agricultural activitity? V'e S If so, please list the kinds of products grown and on how many square feet or acres of land per product. sr-1 0',1 C~af34.n,r, U~qq ~~a9xt GtfP_~ d~' c ?~oX 3/N a an aGr~ Cl ` ~f0Uuiw~ PylaP1 t, SyU A, 4ooro o.nc1 (~a~a~lq. -3- 8. To your knowledge, has there been any flooding ano/or drainage problem on the subject area? If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? KO If so, what kind? Is the road adequate for the proposed traffic volume or load? yet.-,- 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools ? b. Roads C. Sewer ? d. Drainage e. Police Protection ? f. Fire Protection g. Recreational Facilities h. Public Utilities i. Other V -4- For those checked eyes,,, please elaborate what type or kings of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. Ar S~ - lnsfeL~cm r2C~ --l 6S Lvn N\A - 4 4,D- S~~ «;slYkc 1~'re~rua ~,n -Dlu,s1on~) DUI R arc kae.IGC~?st 1"\UfC. Ste, T~~ UJ~ ~t ~fOv~Qtn~j Signature: plw~n~, (a5~ Address: ~.63 ~f0- -~AIaoA,. H=9 775 Telephone: %0%(045``% Date: l l-1 S -~(q -5- 6338A/50A P.D. 5/84 STATE LAND USE AND COUNTY CHANGE OF ZONE REQUESTS Agriculture to Urban Agricultural (A-la) to Commercial (CN-20) Tax Map Key: 3-1-5-7-80 Stephen P. Chase GENERAL BACKGROUND The applicant, Stephen P. Chase, is requesting a State Land Use boundary amendment form Agriculture to Urban and a County zoning amendment from Agriculture (Ag-la) to Commercial Neighborhood (CN-20) for the subject property. The subject property consists of 8.397 acres. It is located in Keonepoko homesteads, District of Puna, Island of Hawaii, the town of Pahoa, on the extension of the old Pahoa Highway, a dead end road near the Pahoa By-Pass Road. This request is to enable the applicant to rezone the subject property as a commercially zoned (CN-20) parcel. The applicant, Stephen P. Chase is the owner of Pahoa Hardware. The town of Pahoa, where the subject property is located is the main community of the lower Puna District. PROJECT DESCRIPTION The owner of the property, Stephen P. Chase, is proposing to construct a 8000+ square foot Hardware Store with a Lumber Yard and Garden Nursery. The building would be one story and should not exceed 25 feet in height, including the roof line. The store, which is currently in operation in Pahoa town would provide the usual range of hardware, lumber and gardening supplies. It is anticipated that the opening of the store would be in 2000. The hours of operation are planned for 8am to 5:30pm daily with shorter hours on Sundays. The site is located on the extension of the old Pahoa Road (a dead end road) near the By-Pass Road. No access is planned from the Pahoa By-Pass Road. Access would be via Pahoa Road. Landscaping would be provided around the site to make the project visually compatible with the major roads surrounding the site. It should be noted that Pahoa Hardware has been in business for approx 6 years and is the only Hardware Store in the area. They have experienced steady growth and have outgrown their current location. The closest comparable type of store is located in the town of Keaau, which is about 11 miles away. PROJECT LOCATION The subject property is located along the extension of the Pahoa Road in Keonepoko Iki Homesteads, Pahoa, District of Puna. The site is bounded by the Old Pahoa Road and adjacent properties owned by Mr. Tsubota, Sandford Is Service Center Inc. and the United States Post Office. Two properties within 200 and 600 feet from the subject property on Pahoa Road (Tax Map Key 3-1-5-7-20 and 3-1-5-7- 21) have had zoning changes from Ag-la to CN-20. The State Pahoa Agricultural Park, which consists of 60 lots from 5 to 30 acres in size, is located generally to the East of the subject site across the Pahoa By-Pass Road. Surrounding zoning is A-la accept as previously noted, and is characterized by rural /residential lots and/or uses. The surrounding areas are also within the State Land Use Agriculture District. The nearest commercially-zoned area is located approx 200 feet away on the Keaau side of the subject property on Pahoa Road and Kahakai Boulevard. The nearest Urban District is situated a 1/4 mile away towards Pahoa Town. Major subdivisions located in the general vicinity include the Hawaiian Beaches, Parks and Shores subdivisions in addition to the town of Pahoa. INSTITUTIONAL CONSIDERATIONS The State Land use District classification is Agricultural. A State Land Use reclassification is required, and this application also includes such a reclassificatory action by the County. County action is possible, as the site is less than 15 acres. County General Plan. the General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for Alternate Urban Expansion uses with a basic designation of Orchard. Under the Alternate Urban Expansion designation, the proposed zoning could be considered without a General Plan amendment. Zoning Code. The subject parcel is zoned Agricultural 1-acre by the Hawaii County Zoning code. The request is to rezone said area into the Commercial Neighborhood district (CN-20). If the request were approved, all other aspects of the Zoning Code would be complied with such as height, setbacks, parking etc. Special Management Area. The site is not within the Special Management Area (SMA). As such, a SMA Use Permit is not required. INFRASTUCTURAL CONSIDERATIONS Roadways/Access. The subject parcel is bounded by the old Pahoa Road. Its access would thus be via Pahoa Road. At the proposed entrance to the subject site (Pahoa Road) , the right-of-way is 80 feet. The pavement width is about 40 feet and there are 20 foot shoulders on both sides of the pavement. This road serves as access for this property with a designated 40 foot driveway access at the NE corner of the property. It is a dead end road. Driveway location and sight distance for the proposed project from all affected roadways will meet with the requirements of the Statewide Design Manual. The proposed use is not expected to generate any additional traffic as the business is currently already in operation in Pahoa town and may in fact relieve some of the congestion in the downtown area. Water. Water in this area is available from the County water system, individual catchment or a private water company. Water for this proposed Hardware store would be made available from the County's water system, which is currently servicing the property. Sewage Disposal. The owner will comply with State and/or county agencies requirements for waste disposal. Utilities. All other essential utilities (electricity and telephone services) are available to the project site. Fire/Police Protection. Both services are available to the area. The town of Pahoa is served by the Pahoa Substation of the Hawaii County Police Department in Pahoa town. A fire station is also located in the Pahoa town. ENVIRONMENTAL CONSIDERATIONS Soils. The subject site is currently the site of a fruit stand and garden. The land has previously been dozed and ripped. It is rated "E" or very poor on the Land Study Bureau's Overall Productivity system. It is also not classified on the State's Agricultural Lands of Importance to the State of Hawaii (ALISH) system. Soils of the area are of the Pahoehoe Lava Series (RLW), which has a glassy face that is relatively smooth. Pahoehoe lava has no soil covering and is typically bare of vegetation except for mosses and lichens. It is moderately drained, with an average slope of 0 to 35 percent. It is regarded as being unsuitable for machine tillability. Based on these ratings of agricultural lands and its present use, as well as the resource being fairly typical of this area, little or no impact is expected on agricultural land resources by the proposed project. It should be noted, however, there is some surrounding agricultural activity in the general vicinity. The State's Pahoa Agricultural Park is located about a mile to the east of the subject site and across of the makai side of the Pahoa By-Pass Road. The parcel is located at the 350 foot elevation above mean sea level. Annual rainfall averages between 150 to 175 inches annually. Drainage. The Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corps of Engineers delineated the area to be in Zone X, an area outside of the 500-year flood plain. Animal/Plant Life. Fauna include mongoose, field mice, rats and domesticated cats and dogs. Local birds include the cardinal, barred and spotted doves, mockingbird, mynah, golden plover, pueo, ricebird, house sparrow and white-eye. Floral characteristics of the site include approx 3/4 acre garden area including taro, eggplant, squash and papaya. Archaeological Features. As mentioned earlier the site has previously been dozed and ripped. Included in this application is a letter of no significant findings form the state archeologist in which nothing of archaeological value was found on the site. JUSTIFICATIONS FOR STATE LAND USE REQUEST Subsection 15-15-18 of the Land Use Commission's rules identifies eight (8) standards for determining the boundaries of an urban District. Much of these overlaps with the county's rezoning standards. As such, only a summary of this project's relationship to those standards will be provided. While this area is not necessarily characterized by "city- like" concentrations of people, it is as close to an urban setting one can find in rural communities on the Big Island. From that perspective, it is important to note that an Urban District (the town of Pahoa) is located approx a 1/4 mile from the subject site. When taken in the context o the General Plan for this area, the subject site is really a part of the town of Pahoa. Furthermore, it is located in an area close to places of employment and other public services. The subject property is relatively free of any significant and/or insurmountable development constraints. There is no history of flooding or unstable ground or soil conditions. As noted earlier, while it is not contiguous to an Urban District, it is part of a logical extension of the Urban area. The County General Plan LUPAG map designates this area for Alternate Urban Expansion, suggestion that this is an area logical for further urban type of uses. The development will not contribute towards a scattered land use pattern. Government services will not have to be further extended to this area, as they are already being provided. Finally, although this site will abut an Agricultural District, this development's impacts to the area's agricultural resources should not be overly pronounced. The soil is not unique but instead is generally typical of this area. Then, too, the type of services provided by this request (Hardware, Lumber and Gardening store) actually help to service some of these agricultural activities in the area. JUSTIFICATIONS FOR COUNTY REZONING REQUEST Conformity to the General Plan LUPAG Map. As noted earlier, the General Plan LUPAG map designates this area Orchard and Alternate Urban Expansion. Under the Alternate Urban Expansion designation, the proposed zoning could be considered. Relationship to Commercial Element of the General Plan. The General Plan document has a number of applicable land use and commercial policies. These include the following: Land Use - Policies *Zone urban ...types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. *Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County *The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Land Use - Commercial Development *Goal - provide commercial developments that maximize convenience to users. *Goal - provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. *Policy - Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers and transportation systems... *Policy - Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. *Policy - The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. *Courses of Action (Puna) - Centralization of commercial activities in Pahoa shall be encouraged. *Courses of Action (Puna) - Appropriately zoned lands shall be allocated as the need arises. The requested zoning and location would not be inconsistent with the aforementioned goals, policies, and courses of action. For one thing, there is already a demand. Pahoa Hardware has been in business in Pahoa for 6 years. The district of Puna is one of the fastest growing populated areas in the State. Although a rural agricultural area, the population has increased due to lower cost (as compared to Keaau and South Hilo) an availability of land and the short commute to Hilo town. Hawaiian Beaches, Parks and Shores Subdivisions consists of approximately 3,915 lots within these subdivisions which range from 7,500 to 24,000+ square feet in size with approximately 830 residential structures as of 1988 (Hawaii County Planning Department). There are also other subdivisions in the vicinity - Orchid Lands Estates, Nanawale, Leilani Estates etc. that will also be served by this project. Reflective of this growth, a new elementary school was recently constructed. There is thus a need to have areas set aside to service the retail need of this area. From a locational perspective, this site would be fulfilling the course of action which calls for centralizing commercial activities to Pahoa. This would be in lieu of spreading such uses to other parts of the lower Pahoa region. There is already a precedent set with the rezoning of Tax Map Keys 3-1-5-7-20 and 3-1- 5-7-21 to CN-20, which are located diagonally across Pahoa Road less than 200 feet away from the subject property. Then too, this site provides ease of access to not only Pahoa residents, but to surrounding residential communities of Hawaiian Beaches, Hawaiian Shores, and the like. The Pahoa By-pass Road will facilitate access to this site, especially to the going home" traffic. All of the other basic infrastructure is available, such as water and utilities. It is conceded, however, that in a sense this site does not fit the conventional commercial extension concept. It doesn't amount to an immediate extension of the existing core of Pahoa. However, there is an extenuating circumstance that make this extension difficult to fulfill. This circumstance is the condition of the road that goes through Pahoa Town. The road has varying rights-of-way widths, in certain areas less than 30 feet. Many of the structures are near the roadway, making its widening too costly and unfeasible. This was one of the major factors leading to the construction of the Pahoa By-Pass Road. Short of making major infrastructural improvements, the central core of Pahoa town is incapable of accommodating this need. And a retention of the conventional land use approach (in this particular instance) of allowing commercial uses to occur only as extensions of the central core may not be in the best interest of the community. Nonetheless, the site is still regarded as being a part of the town of Pahoa; and to that extent, it will help implement the General Plan Course of Action - to focus commercial activities to the town of Pahoa. Compatibility with Surrounding Area. The proposed use will not significantly alter the character of the area. There is presently an Auto Parts Store located approx 600 feet away from the subject property. Through design and landscaping, this proposed development would not be an unreasonable use in this area. There are presently small rural-type stores in Pahoa Town and the general Puna area for the residents. Major shopping areas are located in the towns of Keaau and Hilo, approximately 11 and 20 miles to the north of Pahoa town. Agricultural Impact. Based on ratings and comparison of agricultural lands and its present use, little of no impact is expected on agricultural land resources by the proposed project. No Added Infrastructural Burdens. All essential utilities and services could be made available to the surrounding development. Roadways. Traffic generated would not have an adverse impact on the local roadway system. No On-Site Development Issues. There are no known rare or endangered plant or animal life on the subject property. There area also no known historical sites on or within the general area of the subject property. 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