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HomeMy WebLinkAboutCOM 0678.000 2000-2002 ~Y OiM I-darry Kim -';c.'~ ~I~~. Dixie Kaetsu Mayor ' Managing Director i8r : ~ , : ;P~~er.~T. Young 4*a oi<~Ma~ Deputy Managing Directm~ 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-821 l Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 June 6, 2002 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 02-001) Request: Agricultural to Urban Change of Zone Application (REZ 02-003) Request: Agricultural (A-Sa) to Single Family Residential (RS-15) Applicant: Bart T. Cahoon Trust Tax Map Key: 7-3-5:97 State Land Use Boundary Amendment Application (SLU 02-004) Request: Agricultural to Urban Change of Zone Application (REZ 02-006) Request: Agricultural (A-Sa) to Single Family Residential (RS-20) Applicant: Gomes Family Limited Partnership Tax Map Key: 7-5-10:Portion of 65 State Land Use Boundary Amendment Application (SLU 02-003) Request: Agriculture to Urban Change of Zone Application (REZ 02-005) Request: Agriculture (A-la) to Multiple-Family Residential (RM-4) Applicant: U of N Bencorp Tax Map Key: 7-5-17:portion of 7 Change of Zone Application (REZ 02-007) Applicant: Yoshiko & Sasan Bakhtiary Request: A-Sato FA-2a Tax Map Key: 7-7-7:46 ill Co~nt>:-,, roe file IaTo. Ref. fio: Ref. l~afo a~~ ~ ® ~ Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 June 6, 2002 Change of Zone Ordinance No. 94-56 (REZ 762) Applicant: Toisan Associates, a Hawaii Limited Partnership Requests: Extension of Time to Condition "C" (Complete Construction) And Amendment to Condition "D" (Road Improvements) Tax Map Key: 6-4-24:22 ~~'ge esf Zane A.pplicaion ~REZ O1-020) . Applicant Toisa:~ ,~associatefi, I~a~;~~ < I,i~~ited Partnership Request ~:~~ic~allural (.~-aa ~ ro `~l¢tgli arho~sd Commercial (CN-10) As required by Chapter 4, Sec. 6-4.3(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, r7 / , Harry Kim Mayor 1050302may Enclosures cc: Planning Department Ha Kun cP'~~tr'og y~ L ~uil~•~ Mayor r~ „•f~y.. fapF OR ~10P~P C®u~t~ ~f ~raii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 (808)961-8288 • Fax (808)961-8742 ~l~i~ ~ ~ ~.~r 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: Change of Zone Application (REZ 01-020) Applicant: Toisan Associates, a Hawaii Limited Partnership Request: Agricultural (A-Sa) to Neighborhood Commercial (CN-10) Tax Map KeY: G-4-24:23 The Planning Commission, after a duly held public hearing on May 3, 2002, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 21,934 square feet of land from Agricultural (A-Sa) to Neighborhood Commercial (CN-10). The property is located adjacent and on the Waimea side of the existing Fukushima Store, on the south side (makai) of Mamalahoa Highway, Puukapu Homesteads, Waimea, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The Land Use Pattern Allocation Guide (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 among the various land uses. The LUPAG Map establishes the basic land use pattern for areas within the County. The subject property is in the transition area between Medium Density Urban (MDU) and Low Density Urban (LDU) designations, as one travels from Waimea toward Honoka' a. The Medium Density Urban designation may allow for village and neighborhood commercial and related functions (3-story commercial; residential - up to 35 units per acre) and Low Density Urban may allow for single family residential uses, ancillary community and public uses, and convenience type commercial uses, provided the policies Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 and standards for the General Plan are met. Both designations allow for Neighborhood Commercial (CN) zoning and its permitted uses. As the General Plan LUPAG Map is intended to guide the direction of future development, it is broad and flexible; and it indicates the eg neral location of various land uses in relation to each other. The adjacent parcel to the east which was rezoned to CN-10 in 1994 (TMK: 6-4-24:22) marks the beginning of commercial uses and zoning as one approaches Waimea town from the east (Honoka'a direction). The subject parcel is within the State Land Use Urban District which extends from Waimea town's commercial core to approximately 400 feet east of the subject property. Based on the above, the requested CN zoning does conform to the General Plan land use designation for this area. 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 or stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The requested zone change would complement the following goals, policies and standards of the Land Use Element of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • The county shall encourage the maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests 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. Approval of this request would also complement the following goals and policies specified within the Commercial Element of the General Plan: • To 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. . . Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 • 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. Finally, the General Plan recommends as a Course of Action for commercial development in South Kohala that, "The establishment of Waimea as a regional commercial center for northern Hawaii shall be encouraged." The adjoining parcel (TMK:6-4-24:22) to the east is also owned by the applicant and was rezoned to CN-10 by Ordinance No. 94-56 in 1994. It marks the beginning of commercial uses and zoning as one approaches Waimea town from the east (Honoka'a direction). The subject parcel is located almost directly across the highway from an okazuya take-out and audio supply store on TMK:6-4-6:8 which received a change of zone to CN-10 in 1988. Directly across the highway, TMK: 6-4-1:41 was rezoned to CN-10, RS-10 and RS-20 in 1999 (Hawaii Island Community Development Corp. and Richard White). These and other rezonings to commercial in the vicinity are contributing to the formation of a commercial core for Waimea that will be conveniently located and able to better meet the needs of the surrounding neighborhood, community and region. The Waimea Design Plan, adopted by Resolution in 1986, is intended to provide short and middle range implementation strategies for the goals, policies and land use pattern presented in the General Plan. It defines the commercial core of Waimea Town extending itself as a "commercial strip" along both sides of the Mamalahoa Highway, terminating approximately three parcels to the west of the subject property. The Plan recognizes the need "to consolidate commercial growth around the emerging town center" and "to preserve and enhance the form and function of Waimea's commercial areas." Therefore, a favorable recommendation of this request would support this policy of the Waimea Design Plan by expanding commercial services within the Waimea Town commercial core in accordance with the General Plan LUPAG Map and State Land Use District Urban boundary. Approval of this request would also generally support the Waimea Design Plan, which encourages consolidation of commercial development along both sides of Mamalahoa Highway from the project area leading back towards Waimea Town. The intent and purpose of the Waimea Design Plan is "to preserve and enhance the form and function of Waimea's commercial areas" while recognizing its unique rural character. To ensure a quality commercial development in keeping with the unique character of Waimea, it is recommended that the applicant utilize design concepts contained within the Waimea Design Plan and consider comments expressed by the Waimea Community Association that support the Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 applicant's plan to build new structures in a style similar to Fukushima Store, thereby helping to retain the village character of Waimea. All essential utilities and services are available to the project site. Mamalahoa Highway, which fronts the subject property, has a pavement width of approximately 20 feet within a 60-foot right-of--way. It is an arterial that is intended to become a minimum, 80-foot right-of- way. It is recommended that aten-foot wide strip for road widening along the subject property's frontage, including off-site improvements, be dedicated to the County. Street lighting and curb, gutter and sidewalk improvements shall be constructed and meet with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy for any new development on the property. A small increase in traffic is anticipated with the addition of a new restaurant and bamboo store on the subject property. Water can be made available to the subject property from an existing 12-inch waterline, in accordance with the Department of Water Supply's Water Commitment Guidelines Policy. Other facilities, such as appropriate drainage systems, wastewater disposal systems and fire protection measures shall also meet with the requirements of appropriate agencies when construction occurs on the subject property. As a condition of rezoning approval, the applicant will be required to develop a solid waste management plan subject to the approval of the Department of Environmental Management. Portions of the subject property are located within Zones "A" and "AE" where flooding could occur. Any new construction shall meet the requirements of the Department of Public Works. Final Plan Approval shall be secured from the Planning Director for any development on the property. In that process all applicable requirements such as setback, height, signage and landscaping will need to be complied with, including a landscaping plan for the purpose of mitigating any adverse noise or visual impacts to adjacent properties. As proposed by the applicant, parking presently occurring street-side of Fukushima Store (TMK:6-4-24:22) shall be eliminated prior to issuance of a certificate of occupancy for commercial use of the subject property. While agencies have indicated their requirements for the planned new development, no objections were raised to the rezoning request. Eased on the above, the granting of this change of zone request would result in an appropriate land use pattern that will further the public necessity, convenience and welfare. For your favorable consideration, an amendment to Section 25-95-E, the Lalamilo-Puukapu Zone Map, of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 We are enclosing a copy of the staff background for your information. Sincerely, ~ ~ . r' : / o Geraldine M. Giffin, Chairman Planning Commission Ltoisanrez0l-020#2pc Enclosures cc: Toisan Associates Mr. Aza Summers Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natural Resources Brian Minaai, Director/DOT-Highways, Honolulu S Btoisanrez(6-4-24-23)02.d1c-4/16/02 COUNTY OF IIAWAII PLANNING DEPARTMENT BACKGROUND REPORT TOISAN ASSOCIATES, A IIA~VAII LIMITED PARTNERSIIIP CHANGE OF BONE APPLICATION (REZ O1-020) TOISAN ASSOCIATES is requesting a Change of Zone for 0.504 acres from an Agricultural-5 acre (A-Sa) to a Neighborhood Commercial-10,000 square foot (CN-10) zoned district. The property is located on the south (towards Mauna Kea) side of Mamalahoa Highway, approximately 2,500 feet (towards Honoka'a) from its intersection with Kamamalu Street, Pu'ukapu Homesteads, Waimea, South Kohala, Hawaii, TMK: 6-4-24: 23. GENERAL INFORMATION Ovvnershigs: Toisan Associates, a Hawaii Limited Partnership. CURRENT REQUEST 1. Request: The applicant is requesting a change of zone for the subject property (Parcel 23) which is adjacent to a 26,732 square-foot parcel (TMK: 6-4-24:22), also owned by the applicant, that was rezoned to CN-10 by Ordinance 94-56 in 1994. See Exhibit A - Change of Zone Ordinance No. 94-56. 2. Objective: The applicant's objective is to rezone the subject property and subsequently consolidate Parcels 22 and 23 into one Tax Map Key number (TMK) in order to efficiently develop the entire property. 3. Plans Sub>rreittecl: With rezoning of the subject parcel and subsequent consolidation of the subject parcel with Parce122 (which is already zoned CN-10), the applicant proposes to develop a new 2,000 square-foot restaurant building (which would house "Don's Pake Kitchen" presently doing business in the Fukushima Store building) and a new 4,000 square-foot retail store and warehouse for "Basically Bamboo Company," presently housed within the Fukushima Store building. A small apartment for a maintenance/security person will be housed in the Fukushima Store building which the applicant proposes to retain. The main access would be directly off of Mamalahoa Highway, between the existing Fukushima Store and the proposed new restaurant building, leading to parking in the rear. Existing parking along the main highway will be eliminated as part of the new development plan. ADA accessible parking and routes to new and existing businesses on the consolidated parcel would be provided in the rear and away from the main highway. 4. Supportive Inf®r~nation: The applicant has submitted a background and environmental report in support of the request. See Exhibit B -Change of Zone Application. STATE AND COUNTY PLANS 5. State Land Use District: The subject property is located within the State Urban District which ends approximately 500 feet east (towards Honoka'a) of the subject property. 6. General Plan Land Use Patter~€ Allocation Guide (LUPAG) Map: The subject property is in the transition area between Medium Density Urban (MDU) and Low Density Urban (LDU) designations. MDU designation allows for village and neighborhood commercial and residential and related functions (3-story commercial; residential up to 35 units/acre). LDU designation allows uses that are single family residential in character, ancillary community and public uses, and convenience type commercial uses. Both designations allow for Neighborhood Commercial (CN) zoning and its permitted uses. 6. County Zoning: The property is currently zoned Agricultural-5 acre (A-Sa). 7. Waimea Design Plan: Adopted by County Council Resolution on October 1, 1986, the Land Use Concept Map within the Waimea Design Plan (WDP) depicts the commercial boundary terminating across the Highway, approximately three parcels to the west of the subject property. The WDP recognizes the need "to consolidate commercial growth around the emerging town center" and "to preserve and enhance the form and function of Waimea's commercial areas." 8. Special Management Area: The subject property is not situated within the Special Management Area. DESCRIPTION OF SUEJECT PROPERTY AND SURROUNDING AIIEA 9. Subject Property: The 0.504 acre parcel is rectangular shaped with approximately 100- foot frontage on Mamalahoa Highway. It is unimproved and currently overgrown with brush and trees. 10. Surrounding Zoning/Land Uses: The Fukushima Store in the adjoining Parcel 22 to the east (Honoka'a direction), first built sometime in the 1940s-SOs as a store and residence, has been in commercial use for many years. It marks the beginning of commercial uses -2- and zoning as one approaches Waimea town from the east. Parcel 22 was rezoned from A-Sato CN-10 in 1994 (Toisan Associates -Ordinance 94-56). Directly across the highway from the subj ect parcel is TMK: 6-4-1:41, rezoned from A -5 a to CN-10, RS-10 and RS-20 in 1999 (Hawaii Island Community Development Corp. and Richard White - REZ 929). Almost directly across the highway to the west are an okazuyatake-out and audio supply store on TMK 6-4-6:8 which was rezoned from A-Sato CN-10 in 1988 (F. Yamashiro - REZ 595). TMK: 6-4-24: Por. 27, located three lots to the west of subject parcel, was rezoned from A-Sato CN-7.5 in 1993 (Kamuela P & D, Inc. - REZ 742). See Exhibit C -Surrounding Zoning & Land Uses. 11. FI~1dI: Portions of the property are in Zones "A" (base flood elevations undetermined) and "AE" (base flood elevations determined) in a 100 year flood as designated by the Flood Insurance Rate Map (FIRM) dated May 16, 1994. 12. Agricultural Lands of Importance to the State of Ilawafi (ALISII) System: The subject property is located within lands unclassified by ALISH. 13. U.S. Soil Survey: Soil type is in the Kikoni series which is well-drained, very fine sandy loam formed in volcanic ash. The area receives 35 - 70 inches of annual rainfall. According to the applicant, the slope is 0 - 3%. 14. Land Study Bureau's Detailed Land Classification Systegn: Soils within the subject property are classified as "B" (Good) for agricultural productivity. 15. Flora/Fauna Iaesources: According to the applicant's Environmental Report, "No known threatened, endangered or candidate plant or animal species are present on the project site." 16. Archaeological Iaesources: The Hawaii Historic Preservation Division Review indicates that they believe no historic properties are present on the subject parcel because it has been altered by residential development/urbanization. PUDLIC UTILITIES AND SERVICES 17. Roads: Access to the property would be directly off of Mamalahoa Highway which is a County road right-of--way, 60 feet wide with an approximately 20-foot wide pavement. Mamalahoa Highway is an arterial intended to become a minimum, 80-foot right-of--way. Road improvements, and other improvements such as street lighting, curbs, gutters and sidewalks along Mamalahoa Highway will be subject to review and approval by the -3- County Department of Public Works. The applicant anticipates a "small increase in traffic" with the addition of the new restaurant and bamboo store. Existing parking along the main highway in front of the Fukushima Store will be eliminated when new development on the consolidated property occurs. 18. Water: According to the applicant's report, water is available from existing 8-inch and 12-inch water lines along Mamalahoa Highway. The County's Department of Water Supply indicates that water service is available, subject to their requirements. 19. Wastewater: There is no municipal wastewater treatment system in the area. Sewage disposal will be subject to the State Department of Health's requirements. 20. Other Utilities/Services: Available. AGENCIES' COl0~Il0~IENTS 21. Department of Water Supply: See Exhibit D -memo of December 31, 2001. 22. Department of Public Works: See Exhibit E -memo of December 20, 2001. 23. Fire Department: See Exhibit F -memo of December 20, 2001. 24. Ila~vaii Ilist®ric Preservation Division: See Exhibit G -memo of December 3, 2001. 25. Waianea Comrnaanity Associatio~a: See Exhibit II - letter of August 24, 2001. APPLICANT'S RESPONSE: None on file. AGENCIES WITH NO COIVIIVIENTS OR CONCERNS 26. Department of Transportation, Police Department, Department of Environmental Management, and Department of Health. AGENCIES - NO RESPONSE 27. Department of Agriculture, Natural Resources Conservation Service, South Kohala Traffic Safety Committee, and Real Property Tax. PUDLIC COIVIIVIENTS 28. The Department has not received any written objections or comments from the public or adjacent landowners on the subject request. -4- k ~ ~L~ N®. 230 ®I)I~TAI`T~~ ImT®?. ~fi AN ORDINANCE A1+ZSNDING SECTION 25-95®~ (LALAMILO-PUUT{APU ZONE MAP), ~.RTICLE 3, C~iAPT'ER 25 (ZONING CODE) OT° THE I3A6~FAII COUNTY CODE, BY CF€ANGING 'IHE DISTRICT CLASSIFICATION FROM AGR%CULTURAL (A-5a) TO NEIGI&EORI~OOD COMAISRCIAL (CN-10) AT PUUICAPU, WAIMEA, SOUTIi I{OHALA, HAWAII, COVEI$EL1 BY TAX MAP KES~ 6-4-2~! : 22 . BE Ifi ORDAINED BY TFiE COUNCIL OF` TI°€E COUNTSt OF` ~IA6RJAII: SECTION 1. Section 25-95-E, Article 3, Chagt~r 25 (Zoning Coda) of the Ha~raii County Code, is amended to change the district classifieation of property described hereinafter as followrs: 'The district classification of the following area situated at Puukapu, Waimea, South ICohala, Hawraii, shall be Neighborhood Commercial (CN-10): Beginning at a pipe at the North East corner of this parcel of land, at the North West corner of Lot 15 of Puukapu ~iontesteads - 2nd Series and on the Southerly side of ~agnalahoa highway, the c®ordinates of said point of beginning referred to Government Triangulation Station „WEST BASE" k~eing 25.31 feet North and 3,016.9` feet East and running by azimuths measured clock~rise from true South: 1. 329° 05' 30" 238.18 feet along' Lot 15 of Puukapu ~iomesteads to Lot 1-A of Land Court Applicati®n No. 1252 arad a (found) pipe; 2. 53° 12' 30" 105.86 feet along Lot 1-a of Ld. Ct. App. No. 1252 to a (found) pipe; 1 ~fi ~ 3. 149° 07' 30" 269.92 feet along the re~a?ainder of Land Patent Grant No. 4268 to Paakiki to the Southerly side of Mamalahoa Highway and a {found) railroad spike; 4. 250° 19' 30" 107.20 feet along the Southerly side of Nlarnalahoa I3ighway to the point of beginning and containing 26,'732 square feet, more or less. All as shown on the map attached hereto, marked ~~hibit and by reference made a part hereof. SECTI®N 2. phis change in district classification is conditioned upon the following: the applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) Final Plan Approval, pursuant to Section 25-242 of the honing bode, shall be secured from the Planning Director for any ne~a development on the property including the remodeling of ezisting improvements. Plans shall indicate e~istinq and proposed structures, parking, driveway circulation, landscaping, and a 10-foot wide road widening strip along the property's ~7[amalahoa f3ighway frontage. Structures shall be sited and landscaping provided for the purpose of mitigating noise and visual impacts to adjacent properties and from Mamalahoa 1€igh~iay; (C) construction of the new proposed development shall be completed within five years from the effective date of this Ordinance; (D) the applicant shall provide street lighting and curb, gutter and sidewalk improvements along the ldtamalahoa Highway frontage meeting the approval of the Department of Public Works and shall dedicate the road widening strip and -2~ ~ j f r f improvements to the County prior to issuance of a certificate of occupancy for any new development on this property; (E) drainage system improvements for any new development, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works. In addition, as portions of the subject property are within the flood done "AE" with floodways, all~neva construction on the subject parcel shall meet with the requirements of the Department of Public Works; (F') water demand calculations shall be submitted to the Department of Water Supply for review and .approval, prior to the issuance of Final Plan Approval for the new pr®posed development; (G) the applicant shall utilise design and landscaping guidelines of the Waimea Design Plan and recommendations from the L~aimea Community Association for any new development; (H) the applicant shall comply with all other applicable laws, rules, regulations and requirements of the affected agencies, including those of the Department of Health, Fire Department, Public Works and Department of Water Supply; (I) should any unidentified sites or remains, such as Lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease-and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (J) should the Council adopt a Unified Impact®f'ees Ordinance setting forth criteria for _3® imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; (K) upon securing final plan approval for the new development, a status report shall be submitted to the Planning Director. subsequently, an annual report shall be submitted prior to the anniversary date of the effective date of the change of zone and shall address the status of the development and the compliance with the conditions of approval. This condition " shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and (L) an extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I) the non-performance is the result of conditions that could not have been foreseen or are beyond the control' of"the applicant, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the General Plan or the honing Code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e. a condition to be performed within one year may be extended for up to one addition year); and 5) if the applicant should require an additional extension, of time, the Planning Director shall submit the applicant's request to the County f. Council for appropriate action. Further, should any of the conditions not be tnet or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or gore appropriate designation. EECTI®N 3. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. I IJ'IRODUCED EY • f COUNCIL I~fEl~lBE COIJI~ ®F' HAt~AII Milo, Hawaii Date of Introduction: April 27, 1994 Date of 1st heading: April 27, 1994 Date of 2nd Reacting : May 11, 1994 Effective Date: May 18, 1994 APPROVED AS TO FOR1~ AMID LEGALITY: c~c~. ~ . ~~f'~'_°. Y C®RPORATION COUI~ISEI~ MAR 1 ~ DATED: ®5- i A~s4®a i i A~5® Ai5® ~ ~ i ~~r~® K d~ ~ I , ~ o ~ ' , I ®sv ~ off, I ! j 6i -~5s • ~ ~ q lea I ` I ' ! ~ j II / i , ` 945-~0 ~ ~ ~I I ~ I ~i ~ ~ ~ j P1~3C1 r ~ I - s~~~t. ~~~,~-r~ ~~w~~t '°~~a r~-e,• arm R~~oC~.m.-r~~' . , 2 „ 3 _ _ _ T c~~ Applicant: T+~~~st ~~Cl~t~~o ~i~ ~iimit t'°~il~~°S~11 P® i3®x 177 Karnuela, i•iae~oaii, 96743 `ti r' ' _ Ash, , ~ ? > v. { < d- ~ .::irrnv+.vw.:{.}i:{..:.x xh:{n..} "MuM1T' ~ > {s ~ .Y{ AL AJ. {:+~f... • ! -v+. x :xavXe~ .3 1.. .v ..TTv4 - 9tlW%^~'V%{ - i ~ • . x of . - ' ~4 S' '.{t 'i~i~:il~3'' S { f . • ~ t r/rr,~ A `S~~ Sv rte, ~`!04! 3 _ .~'~'3:f,• ~}~'/f{~ 3 ~ {~S-T ~~l v~ `~~fF - 3v~~d'..3~ 'r - a~].r3;}x ~ , > f'tis 4 F'` M fx scr x~P.a-tub, q ~r : ,ic ~ d3~i,., :9i in NB ~ V4`}, 4C~~r G( i ~l ~ °g,~PR ~~A•a ~py~ ,~fi ?r 1 .y„*' ~-yam ~:,s.~w,. - sv 'x r~,¢~- ~F%.r•'ao- ~ - s~~9' . p ~f+¢Ar r. ,~.~4: ~:'~"..rees- " ~ Y H '7'+~~?::~L.e~'N'•x...0 i. ^'~m X!h'.C54`i7Si~~'9'..Y- r~;~t'.K d6.~:"~ef$OS6S... ''..'~54......_ IIfi ~z~ Surnr~~rs, ,~rcnit~ct PO Box 445, Kamuela, Hawaii 96743 aza~shaka.com (~0~) 275-1360 w~e.azaC~9ex.c®m/-aza C?ctober 30, 2001 Mr. Chris Yuen Planning ®irector County of Hawaii 25 Aupuni St. Hilo, Hawaii 96720 Subject: l~~u f~~ C~~n~e ®f ~®n~ Dear Mr. Yuen: Attached is the Application for Change of Zone for the above subject parcel. The scope of the proposed project includes a consolidation of this vacant property with the Fukushima Store property (6-4-24:22), also owner by the applicant, zoned CPV-10. If granted rezoning for parcel 23, the owner-intends to consolidate the properties and add new buildings, parking and infrastructure. Tl~ existing historical Fukushima store will remain intact. It is the applicants desire to create a facility that is attractive and in keeping with the character of 1n0aimea and surroundrng village, The irnprovernents will also correct non-conforming parking that can ~ntly exists in front of Fukushima Store. Please note that a separate request is being submitted to revise or delete conditions (C) and of ®rdinance 94-56 for parcel 22. 1°his r~guest is to enable the proposed development of the combined properties to be coa~sidered in a unified manner with ne~s conditions that will allow the historic Fukushima Store to remain unchanged, The applicants are owner/operators of existing businesses on site. The rezoning will help these small neighborhood businesses that are appropriate to the area and serve a need in the community. Si cerel Aza Summers Agent for Toisan Associates Cif i~F ~t~II ' ~ G ~ 't~D'I` J (Type os le~ibiy g~ie~ ttae se~raa .4.P'PLICANT: °~~isan ~ss~iates, ~ Hao~vaii Limited Partnersfii AFPitcAN°T°5 s~cra~~°c~~: ~~,~;~~t. 30, ~~01 ADI~~IESS: P® ~x 177 tCarra~aeta, t°tav~oaii 96743 7ls~a~7.~ia 1~~1r~t4ga~\ggly4i~ 1~°t5 ~81ESVp,~1 p8i~8'9[JyW7~1~~ivd`~}lV~~.~s l~*L~ ~ g~ 7~~ ~ y~~ ~~e~o~.~~e ¢ p?~,,~ 1~b~1 1['AtiB1~os8S ~r7~ 88f0+LrV A.J817i717646YdGS ®S° atlC6~aF QS't'dLS°iSta7: • a~~ ~~0 SiL"09. ~~0 fan ~uf®- Lim. Partners Vivian Stuf®- lira. Partner; Cae-i ~ug~ Lim. Partner PHOI~:~es.) ~~~-77~~ (Res.) (P~) I.~NI3o'~NER(3a: '~®asan ass®~iat~s ~1NDO SIC~~FA1'IT~(5): ®ATE: $~Ct. 31Z, 2®~1 1.A1mJIXD~!],1EIt(S) t~DRR,SS~ PO 17'7 t~C~ra~taeta, tia~a+aii 96743 'TAX MAP KEY: ~ aB ~ t A TMK~ 6-4-~4e2 S~`R~~ A~I3RES5 of F~op'~TY: 64-957 alah®a SIZE OF Pa2.t2PIItT`~' ®l~ AF~G"Y'Ell. AREA( 'T® RE REZ~I~ED: Acres AC'sEb1T: ~a Sa~raaa~ers ~lI3])RE55: P(3 ~ ~ ~ PG . ~v a ....eta, 96743 ~ ' ~ ~ TT ~i,EPgI~2~E: (~~as.) 77~s1361f 7'T5-15'i 6 (Fax) 775-1 ~ Please i+ndicxte a® w~~ origiaaal correspos~denee aaad copies sh~s9d be sene, oRI~`sLNAI.: AiaPticant COPIES: went (See Jns~ucti~ns osa Reverse -Side) r ~~~~I~~ ~~a~t~ nv~r~ll~il~~ A. Lll3aEa~~°` U~ ~ ~e~~ne fr®~ A®~ t~ CN~~® 1. details ®f ~~®p®~ Use and Revell®pnrrent~ a. ~r®ject ~es~ripti®n: The Subject Parse! is an unimproved lot that fronts Marr~alahoa Highway on the south side at Mile Marker 56. The subject parcel is adjacent to the 1=ukushirna Store parse! (TMK fi-4-24:22) zoned C~-10 and also owned by the applicant. fee exhibit 1 statement ®iF Olbjectives and ~eas~ns i;`~r th® Request: The objective of this request is to rezone the.subject parcel and subsequently to consolidate the two parcels into one TMK in order to efficiently develop the entire property. Proposed development of the consolidated parcel will include a new restaurant building for the existing ®on's Peke Kitchen and a new building to house the- existing "Basically 13arvaboo Connpany'° retail store and warehouse, while retaining the existing historic building. ~ srraall apartment for amaintenance/security ~rerson will also be included. fVew access and parking for the consolidated parcel and all related businesses shall be provided. Number acres/square fleet: The subject property consists of 0.504 acres. See exhibit ~ d. ~!®®r areas ~r®p®sed buiildin~s The proposed restaurant building will be 2,000 square feet and the retail/warehouse building 4,000 square feet. fi im~f~~~ a~ci cyst: The proposed development would be planned for occupancy. by t~ecember 2002. The development cost is estimated at X750,000. f. ~a~~b~~ ®f e~p0®ye~s end clientele: ion's bake Kitchen is a family owned and operated business currently operating with 3 full-time employees. With a new building and larger facilities, it is anticipated that there might be up to 5 full-time employees. Basically Bamboo is a retail and wholesale business; it is anticipated that there would be 2 full-time employees. iParkiat~ arrangement: Parking for the new buildings will be provided in the rear of the consolidated property sufficient to meet or exceed County requirements. Ali parking and routes of travel will be A®A accessible per code. It. ~rafiFic ~a~p~cts: Existing traffic conditions are generally moderate in volume. There is continuous cross-island trafhc on Mamatahoa highway throughout the day. The speed limit at the project site is 35mph, reduced from 45mph on the east (Hilo) side of the property. It is anticipated that there would be a small increase in traffic to the consolidated development with the addition of the new restaurant and bamboo store. With the proposed development the existing street side parking will be eliminated. i. tether l~elatecl Inf®~e~ati®n: A parcel (TMK 6-4-01:41) located directly across Mamalahoa Highway from the subject property was rezoned recently from A-5a to CN-10. The consolidate property will represent the Eastern limit of commercial zoning in the Waimea area. The community has expressed a desire that the coc~nmercial zone should not extend beyond the existing limit on the eastern side; the requested zone change is within this existing limit. l~~®~~S~~ ®1'~-Si$~ ~83~ ® ~i$~ IP1~1'a5$1'!1~$!!~°~: ' ®n-site infrastructure wilt include underground water lines, electricity, telephone, and cable services to the proposed buildings. fiheg-e will be general area lighting following code requirements for exterior- lighting and recommendations by the astronomy common€ty. C~iV~~i2~~E~~~ /ITS ATE/~C®~JNT1P ~~~N;~ ~$a$~ Land Use ~esignati®~e The subject property is located within the State Land Use (SLU) Urban ~is$s°ic$. The proposed rezoning is compatible with this designation. ~{~plicabl~ g®aIls/p®licies a~~ ®bjec$ives ®f $he General IPlan: The requested change of zone mould be consistent with the General Plan as follows: l.an~ Use lemen$ • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of Hawaii County. • The County shall 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. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • honing requests shall be rev~vved with respect to General Plan designation, district goaEs, regions! plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. ~®rt~rn~resal ~eveB®prnent 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 commercia! 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 in the review of such developments. Ec®n®miic Eleanent . • 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. • The County shall provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. C~enea~al Ilalan ~esiignati®n: The property is designated as "sraeclium clerrsity" on the General Plan Land Use Pattern Allocation Guide (LUPAG) map. This designation allows neighborhood commercial and is consistent with the proposed rezoning. ~®niing: The current zoning designation for the subject property is Agricultural ~ Acre (A-5a). The requested zoning is Neighborhood Commercial with a lot size minimum 10,000 square feet area (CN-10). r ~®r~~uni~p ~~~oel~~~~~t flan: The document that serves as a planning guide is the Waimea Design Plan. The proposed rezoning is in conformance with the , goals and policies of the community as represented. ~p~cia0 I'~ana~ement area: The subject property is not located within the Special Management ,Area (SMA). The entire Island of Hawaii is within the Coastal Zone Management .Area (CZMA). ~MY~I~~L ~~~I~IC~ AlV® ~lVIR~#~t~iVTAL ~~IIV~ fl~ ~~~Ip~~'Plf ~N~ Sll~~~Ii~I~~G ~R~~ Physical Characteristics/Envir®nrt7ental Setting ~escripti®e~ subbject pr®pe~, I®cati®e~, clime, t®p®~rapl~~, sl®pe, s®il~ (i~ctudii~g size, shape, existing strictures): The subject property is unimproved raw land with an area of 0.50 acres that has not been in agricultural use in recent history. There is currently an overgrowth of brush and trees. The property is located approximately one mile east of Kamuela on the south side of Mamalahoa Highway, at about the 59 mile marker, District of South .Kohala, Island, County and State of Hawaii, more particularly 'Identified as Tax Map Key parcel (3) 6- 4-24:23. Climate at the property is generally mild with trade winds from the East. according to the- Departrrrent of Water and Land Development rainfall averages 40 inches annually. The elevation above sea lave! is approximately 2800 ft. and the site is generally level. Lama S~azard Z®ne: The property is within Lava Hazard Flow Zone 8 (on a scale of i to 9 with 1 being the highest risk) on the U.S. Department of the Interior Geological 5ilrv~y~ map. Zone 8 areas include the lower slopes of Mauna Kea and r~nost of this area has not been affected by lava flows in recorded history. 1.®. ®istanc~ fr®rtt c®a~tiine: , The subject property is located approximately 8 miles from the nearest coastline. ~griC~.9iitt~~a~ ILands ®f Imp®rtanC~ in the ~tat~ ~f 0iae~aii (~ILISt~) ~~signati®n: The subject property is rated as "Prime Agricultural Land" under the ALISH (Agricultural Lands of Importance in the Stag of Hawaii) system of classii•ication. (Vote that the subject parcel is contiguous with urban development zone. See exhibit S g~.a7e9Ae~e 4'4®Aat~q~~~~i+ ~Ga~!®~~~s~r.~ 6e®~s~~r ~iat'®~ ~~r~~~~s~ s7®~~ f~et°~e1C~ I~i:ip9di`t S®'1 tyf3~°e: The United States Department of Agriculture Soil Conservation Service Soil Survey Report classifies the soil on the property as being in the Kikoni Series (KfA). Kikoni type soil consists of very fine sandy loam. Slope is 0-3%. See exhibit ~ ~3. ILan~ Study ll#ur~au s®iEi rating: The property is classified as "13" (Good) by the Detailed Land Classification maps for the Island of Hawaii. • ~~®®Cll ~t1Sr<lranC~ ~at~ ~a~! ~ISaxl~li~) ~~Signati®i'i: The front portion of the subject property (approximately ~5°/® of the total area) is designated zone (no base elevations determined). A small portion in the front area is zone "X" (areas of 500 year flood), and the rear southeast corner- is designated "AE" floodway (base elevations determined). See exhibit ~ l~XiSting [~i°ainagE' 9flia~~ Or it9~~3r®V~n1~ntS: There is a channel shown at the rear of the property on the FIRM map. However there is no obvious channel nor is there evidence that flooding has occurred in this area in recorded history to the applicant's knowledge. fir/n®ise/vaaate~ gtaality: The neighborhood is not subject to any known source of airborne pollution or noise. Potable water is available from Hawaii County water lines along Mdmalahoa Highway. ~1151'Or%C RCS®UrC~~ ~xistiaa~ a~cha~9®gical, ce~ttur~! ~e° hist®ric sits ilVati~nal! e~ister ®r ii~~waii Re~ist~r: There are no known historical sites of significance on the subject property according to listings by the State and National Register of Historic Places. 1>g. ~~lttaral I~I~tive ~ath~ri~a ~igi~ts: There are no known valued cultural, historical or native resources nor has any traditio~l and customary native Hawaiian rights been practiced in the area. Puls9ic Access: There is no existing public access to and along the shoreline or to mountain areas or knowledge of public access being used. Natural lsources: ~xistin~ f!®ral/liaunaE ~est~~~~~: The subject parcel is unimproved fend. ,4t one time there may have been farming activity but at the present time the natural vegetation is untended and indrsdes kikuyu grass, sugar cane, bamboo and other vegetation typical to the area. 1Vo known threatened, endangered or can€lidate plant or animal species are present on the project site. Scenic resources of the Waimea area are characterized by pastoral and small farm use an€# dramatic views of Mauna Kea and the Kohala mountains. The proposed project will not adversely affect these scenic resources. 1 The subject property is situated about 8 miles from the nearest coastline and thus has no affect ®n coastal resources. Social-economical Characteristics: , ~2. ~®ciai ~ettle~ent Pattern l~®~ ~h~ area: The project area is situated in the Puukapu Homesteads area of Waimea and the general character of the area includes commercial activity along Mamalahoa Highway, agricultural farming and pasture use, and single-family residences in a rural setting. IEc®n®~ic lies®urces f®r the area: Mamalahoa Highway is the cross-island route and is a major source of potential traffic for retail commercial development in this area. Because of the noise and danger associated with traffic, the project area is less desirable for single-fa-roily residential use. Agriculture! resource of the property is average for the area. ~4. Land 4/altaes: Unimproved land zoned for agricultural use in the area is currently valued at about $3 per square foot for parcels of this size. Unimproved land zoned for commercial use on Mamalahoa Highway has an estimated value of $10 per square foot for parcels of this size. Surrounding lands: ~an~ Use: Nearby properties along Mamalahoa Highway are zoned CN (neighborhood commercial) with a mix of retail uses, and also 12S-10 (residential) and A-Sa (Agricultural). fihe adjacent parcel on the East (Kilo) side, also owned by the applicant, is in commercial use. 26. ~®ning: Property across Mamalahoa Highway was recently rezoned from Agricultural (A-Sa) to Neighborhood Commercial (CN-10) and Single family (RS-10 and RS-20) TMK 6-4-l:portion of 41. Ordinance No. 99-148. ~7. ~~s~~ipti~~ cif ~ocess: u~5~v~{-~i~~Y ~44~"~v~°~'~~QL'~~~ ~r~i'wcii iY~'v;r"i.iti ~~yd®~"Y conforms to code requirements. This driveway will also serve for access for the adjacent parcel that will be consolidated with the subject parcel. This will eliminate the non-conforming parking that is currently allowed along Mamalahoa Highway and thus improve a dangerous condition. ~vailabili+~ ®f ~at~~: Water is available to the site from existing 8-inch and 1~-inch waterlines along the Mamalahoa Highway. sewage ®isp®s~0: An individual wastewater system for the subject pro-party and all improvements, current and proposed, will be installed that meets the criteria of the State department of Health. S®li~ waste: All solid waste vorill be removed from the property to be disp®sed of in approved County facilities, per regulations. ~1. ~®lice ire pr®tec;ti®n: Normal police and fire protection will be required. emergency access and maneuvering area will be accommodated. Appropriate alarm systems for the development will be installed. Scat®ols fihere is no expected impact on the school system since this project is entirely commercial; there will be no residential use of the property. darks: There is no anticipated impact an parks in the area since the project is not residential. . ~4. ®t~8~~ ~ti~6ti~S Ser~/ices: Normal telephone, cable, and electrical service will be required. Underground service within the project is under consideration and will be provided if possible. ~lV~~I~~~~i~~~A.l~ ~SSE~~M~N~ AN~LY;~~~ lRelati®ns~ip between !®cai s~®rt t~rnf ~s~s ®f ene?ir~nnreent and e~naintenance and enhancerreent ®f l!®ng terms pr®t#~~:tivity: fibs subject property has not been utilized for agricultural farming or pasture in the recent past. The proposed development will enhance the long-term productivity of the property for uses consistent with the County General Plan Urban designation. 8~1iti~ative rtleasus~e5 pr®~®sed t® aw®id, ~oinirni~e, rectiify ®r redtace i€~pact: The proposed development is of a small scale such that no significant environment effects are anticipated. development and construction methods -will comply with all governmental requirements including the Hawaii State aepartment of I°lealth, Hawaii State ®epartment of Transportation and the 1°lawaii County department of Public Works. ~7. ~Iternatives t® the Pr®p®sed deme9®pments `The alternatives to th~~ proposed development would include agricultural use or residential use. It is not the intent of the owner to develop this property for use other than commercial at the present time. ~i~. Irreversible and itrretrievab{e c®rnrnitrnents ~f ~atura! res®urc~ that w®uld be i`nv®lved if ~~®~®sed a~te~n implemented: F The proposed project will result in the exchange of ®.50 acres of agricultural land for neighborhood commercial use. However, this property has not been in agriculture use for some time and there are other ~griculturai lands of similar soil quality in the surrounding area that are also underutilized. The project area was committed to non-agricultural uses as projected by the General Plan Land Use Pattern Allocation guide Map (LUPAG) designation of "medium density". The proposed improvements will enhance the long-term productivity of the property for uses consistent with the Hawaii County General Plan. IL~~~~I®@V 9~AP. ~~~IE I~LA~ ~ PLAT PILAN Location map, Site Plan and Plot Plan of the Subject Property and Plot Plan of the Combined Properties are attached as Exhibits 1, ~ & 3 to this application. IFS.®®~ ~®IfV~ E~A~ A map of the flood zone is attached as Exhibit S~I~. MAPS Maps of soil type and classification are attached as Exhibit S. M~T~~ ,~By~7? ~®l,~~~ ~~~P~iON ~l>~~ PR~P~RTY A copy of the legal description attached to this application is Exhibit 6. RIER~®6VIRiG l~iE~TI~9V~~IR~ A copy of The Planning Department's Change of Zone application is attached to this application as Exhibit 7. Pii®7'®S ~F ~'ti~ PR~IPiEI~~'1( Views of the subject property and surroundings are attached to this application as (Exhibit S. 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Sc:~.tha~ty ~irt~ o' ~11aB~~,I~B~ta~ F hghW~y is ^:~i~Et: . 2. ~2~t` {t~" 2?4r.0~ E ~t4t~~ .Pet~ra~r rrf C~+~rlt 4~£7P t+] ~ FgNrakiki Qee ~ ~i~t; 3. 3ii!' t~_Eral •~a .albt6~~ t ni 1 ~ a~ s,Rs~~s aar 3~f~~ ~ 01 L~n~ laot.c~ v',T~,3115':~°r:93r1't2,~.ti LO A ~a 1+1~" 23.00 I<~~t ~I~1~~ t.A4 '-r4 8~ alltd,rrrl ern ~ o9 I.:fnri (':~ira ~~P! CJtl~ill 12h~ Lu II•:c~ Eusi: it rsl t~~rie•ar~if~!] Etytd CB11~t3itk~I~ 8r5 ar~~ ~;d1 ~l:a~l ti:t:.wirc? Fe~r..t sir 4.5t~~ ~CCe_ 6'r~stkt= dct~+ts~ta t~ ~rt~~si~ t~ a cax7eEPila:ct 3~tet'I~>I[~. u~fa~ 4lba! r~CtBr~ tt'~~'&[tQtlf~Oati 1.itsr~: t;utlt t 7~~caa~~~~~ ,a~.:s~tr~~e.~~ler~-s~_~a~e+~awo~l~~Ca~~aep+r~I~ea~~~a~°syr,:~:.:Bke~:I~et r~.~f~~talt ~ ~~ao~+i :a.~zra;~ E{~ tt~. ~s~ y~ s 1 ~i4.9~~4A5 ,A~~i3C:1e~~fi t1~ ~9~i~r< C! ~;alw! T'ht3'tta4 Y~rrl~5 . : I ~r.~a~tC1 fAro4ess~on~l Lary ~U?v~,y4>B ~ ~vaa're:++ # Mate a4' ! lac ;;eati4•cat~ Firs. t-~ ~33~ ~8v4 $t~.i~s~sea 6~1~s~~ '°t e A+9:~~ 24wC ' xiii~it ~ ~ ~~~i~ a~~~ti®rtn~i~~ ATTRC4~NT Corr~rcial, RN1, Resort, ~ Industrial ' FL.APrdIIYG OE~'6~tTS~NT COUNTY 4iAY~AII Ai'P~ICATI~f F[!i~ CHAd~ OF ZONE 1. If your request is approved, do you ,intend to subdivide $he sub,ject land in accordance with the approved change of zone? N O If rimes, please answer ties rest of question 1-and then to goes on a_ I-iQw many acres of the requested area do you intend to subdivide? b. Into vA~tat lot sizes? c. If your request iim approved, appaoxi.mately how long after the date of approval dQ you expect to submit your subdivision plans to the Planning pepartment for prelirsainary approval? If you Intend to subdivide, please sul~it a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject aacea, do y®r~ intend to: a. Sell ar lease ~e land to s®meone who has firm ~Olans? N b. Sell or lease ~e li$nd to someone ;rho has tentative plans? ~ ~ c. Self or lease the Land tv someaie has no plans? N ~ d . Keep i t? YES. e. Other (please state) 'The subject parcel, after rezone, will be consolidated with the adjacent parcel (T4A6~ fa-~-24:22). fihe combined property, 1.1U Acres, will be irnprove~d with new- commercial buildings, parking and infrastructure. t. If you intend to do either a, b, or c, please elahorate on the kind of plans the offer party has. Please, also, ir~lude 3n your answeac ~appr®ximately hogs soon after royal of your reaoning ~ you expect to transfer t~ subject land to another party, 3. ghat specific building plans do you have for the subject land? Include in your answer the following: type mf building (apartment, cffice, lauruterette, etc.); finaracir~ arrangement; timetable for construction; and any other inf®rmation which you feel might help us in evaluatirbg your rea~uest. Proposed improvements include a new building of 2,000 S~ for f2on's Pake t(itehen, a cafe and a new building of x,000 SF' for "Basically Bamboo", a retail and wholesale business. lJew driveway and parking. tots will improve current parking conditions. Construction of the project is proposed to initiate June of 2002. Bave you perf®rra~ed sny study which mould demonstrate a r~ect f~ your proposed building .and/or development? If s®, please ela6®rate an yca~tr findings in the space provided below. 5. Have you perfo~smed any study which discusses the envirorua~ental. impacts your regeaest mould etave ore the s~POUnding tea. end®or tt'te County? NO If s®, please elaborate on your findings in the space provided below. 6. Are there any buildings on flee subject area? NO Zf so, stihat kind? ghat do y®u intend to do with those buildings if your request is apprmved? 7. Is the subject land currea~tly being a,~sed for any agricultural activitity? NO If so, please .list the kinds of groats grown and on how many square feet Or acres of latffi per product. 8. To y®ur #e~wledge, has there been anye flooding a~/®r crainage problem on the subject a~ N® If s®, please describe tt~e pr®ble~t. 9. ~ you think that tf'te roads leadicog to the subject area needs isnpr®verr~ttt.? if soy what kind? is ttae r[rad ades~sate for the propased traffic volunee YES or I®ad? 10. bdhat sort of g®vernsnental assiste and/or iaBprove~ents do you feel will. be needed in tt~: subject area when developed? Yes E~ a. Schools X b. Reads X c. Sewer X d. drainage X e. Police Protection X t. Fire i'rotectian X g. ~8ecreativnal Facilities X h. Public ~itilities X~ i. flttaer X ~°or those t~roeci.ed ~yes,~~ please elate a~at ty~ or kinds of in~proveresertts a~fr~r assistance are ne~tesi. Norrrtat services will be required that is not significant enough to require new facilities. 11. 9-ia~e you. performed Peistoric sites study and/o~' sc~r+~ey of the sc~~,ject area? Yf s®, ghat sere t8'~ a~sults? Please, a,Iso, sutxnit e. cry of the study together with this diarx3e of zone sufapl~ent. NO Signature: 6tddress: P® fox 177, l4aenuela, X01 96743 Telephone: 8~5 - 772 • -5- 6338A/.50A ?.0. 5/84 i` ~ r-- - . . . ~ , ;P' t • , . . ; . ~ r: • s L i.. , _ Y Z,4 'b !may '4a :o- .mss r~k~"s~ _ s.. _N >a?:~af~y. - •-•..5.4~.w~.`;'."0 r . - . - h.: t .,.a k°~p. ~ r: ~i F Y.k r M . r9 ^^1 rYJ 4s ~ A y ra r ~ E i; j w i § ~~.N ~ ~ ~ . 1 y - .,T . q e ~ 4 < ~~i f ,p~,?cca L 4i ~ Wig'-"~q. Yl 5 V~Y . K C A . !ti 4 yy y /L -~~~~"4,gyiy r[!'t,, r " ~~J~y~ r_~ g 1 } >T q. '°t• y'~, s>,.~. mom-, s r` Z i ~5 Yfi^a C,~, ~ Y _ s f ~ M', 't ex > ~ Y ~ 4 ~~.A 1. ; i• ~9 "A.~ y'~~ fir, g r ' ~ 7 x9u. to ~ r. - ' _ - ~ kti s',z ~ y, - d .,a r z r - Arta- . 'wr7 C N N N ~ ~ ~ ci N ~ vet IdLAR3N C ~ ~ y ~ ~n 0 N c N ~ Q ~ ~ Q ~ r'A~ ~ a? U ~ ai ~3 ~ ~ O N E°~~U c ~ n N ' GLe ~ ~ ~ ~ ~ ~ ~ O ~e 00 O ~ r~i ~ ~O ~ aS ~ ~ T ~ ~ ° ~ I e era e~ n ~ ~ ~ 6a e ~ - O ~ 1' i y ux • m t 9 63 D~1''AFZ°i°IVI~N~f° O~ WE~°f'~Ft ~1J1~~1~Y ~ OOLJN°TY O~ ~0~11i11~,11 `3r} 345 KEKUANAOA STREET, SUITE 20 HILO. HAWAII 96720 GF NAYI TELEPHONE (8081 961-8050 FAX (8081 961-8657 ' December 31, 2001 TO: Mr. Christopher J. Yuen, Planning Director Planrnng Department ;F. - r FROM: Milton D. Davao, Manager - SZTDJECT: CIiANGE OF° .~ON1E APPLICATI®N (IZEZ 01-020) RE(~IJEST: ACIBICiJLTIJIZAL (A-Sa) TO NEIOIIIiC3RIif}C3I~ C®1VIil~IEI2CIAL (CN-10) 'j APPLICANT: T(JISAN ASSOCIATES, A HAWAII LIMITED PARTImlEI2S1~III' TAB 1dIAP ICEY: 6-4-024:023 We have reviewed the subject change of zone application and have the following comments. The subject parcel does not have a service lateral. based on the prevailing water situation in the area, water can be made available from an existing 12-inch waterline along the I-Iawaii felt Road, fronting the property, with a connection size subject to review and approval during the construction design phase of the proposed development. Before the Department can issue a water commitment, the applicant should submit the following: 1. The anticipated maximum daily water usage for the consolidated parcel as recommended by a registered engineer. The Department reserves the right to make a final determination. 2. A water commitment deposit must be remitted in accordance with the Department's Water Commitment Guidelines Policy, a copy of which is attached to the applicant's copy of this memorandum. The applicant will be informed of the deposit amount upon final determination of the submittal required in Item 1 above. Upon completion of Items I and 2 above, an official water commitment will be effected in accordance with the Water Commitment Guidelines Policy. The commitment will be in writing with specific conditions and effective dates stated. The applicant needs to 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. VVccter d rir~~C~ ~ro~re~~... ~ Y ~ `3 fi ~ I Mr. Christopher J. Yuen, Planning Director Page 2 December 31, 2001 ' For the applicant's information, any water meter to this parcel or the future consolidated parcel shall have a backflow preventer installed. It shall be a reduced pressure, type and shall be installed by a licensed contractor on the applicant's property just after the meter. The installation and assembly of the backflow preventer must be inspected and approved by the Department before the water meter can be installed. 'The backflow preventer shall be operated and maintained by the customer. A copy of our backflow preventer handout is being forwarded to the applicant to help them understand this requirement. Should there be any questions, the applicant may contact oarr Water Resources and Planning Branch at 961-8070, extension 1. Sincerely youYS, Milton D. Paves, P.E. Manager BCM:jkh copy - (w/encs.) "Toisan Associates, a f-iawaii Limited Partnership Aza Summers Mr. Michael Watanabe, Water Quality Assurance and Control Branch ~~PARTMENT OF 1~E1~t-lC ~OV~P~.rCS C®UIeIT'Y OF I~AWAII HILO, H¢lWAll DA`i`~: tJecember 20, 2001 T® Christopher J. Yuen, Planning director Planning Cepartment PROM den Ishii, Acting ®ivision Chief ~L~ engineering ®ivision SU~J~Cl` Change ~f Zone Appllcati®n (E~I~ 01-02® ) Applicant: fi oisan Associates Location: Waimea, S. lCohaia TMK: 3 / ~-~-024:023 We reviewed the subject application and our comments are as follows: ~lJlL®lnlG 1. buildings shall conform to all requirements of code and statutes pertaining to building construction. 1~f?AON,4 G~ 1. All development generated runoff shall be disposed of on-site and she!! not be directed toward any adjacent properties. 2. The applicant shall be informed that if they include drywalls in the subject . ~ developrvaent, an Underground Injection Control (UIC) permit may be required from the ®epartment of I-lealth, State of Hawaii. 3. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of CPW. Flood Zone "A and A~", affect the subject parcel as designated by the Flood Insurance Date Map {F112M), dated May 16, 1994. Any new construction or substantial irr~provernents within Parcel 23 will be subject to the requirements of Chapter 27 -Flood Control, of the Hawaii County Code. 5. For development in the flood plain, the applicant may be required to submit a flood study prepared by a licensed professional civil engineer. Submittal of the study to the Federal ~tnergency Management Agency (FEMA) for a Letter of Map Change (LONG) may also be required. Cevelopment which increases the Sase Plood Elevation or aggravates filooding on adjacent properties will not be permitted. , . ~®isan Ass®caates ThAK: ~~6-024:023 ~rrab~t 20, 2001 ~ag~ 2 ®f 2 ~Al~'~T~IW®RfC 1. All earthwork and grading shall conform to Chapter 10, erosion and Saaii~aant Control, of the Hawaii County Coda. t?®~IOWAYS 1. nAarnalahoa Highway, fronting the subject property, is a County road. I# has an approxirvaata 20-ft. wide pavement (in fair to good condition), with paved shoulders, all within an approxirraate 60-ft. right-of--way. Access to B1Aamalahoa Highway, including the pr®Visi®n Of adequate sight distances, should meat with the approval of t)I'V10. If possible, the entry location shall ba aligned opposite the proposed entry for TA61K: 6-~4-001: 0~1. I"or the corrabinad parcels, the applicant should submit a Traffic Impact Analysis Report (TZAR) prepared by a licensed professional engineer, and provide.all recomrraended improve~araents. 2. The applicant should provide full irnprovenaants to the entire frontage along lVlarraalahoa Highway consisting of, but not limited to, pavement widening with concrete curb, gutter gnat sidewalk, drainage irraproverraants, and any relocation of . utilities; rrseating with the approval of the ~P1N. If curb, guitar and sidewalk is not required, the applicant should provide a paved shoulder extending to the right-of- way property line, with necessary transitions. Install street fights, signs grad markings meeting with the approval of the CIPVV, Traffic division. 3. if subdivided, vehicular access to individual lots should not ba frorra IVlaranalahoa Highway. Should there be any questions concerning this rraatter, please feel free to contact Kiran Ernler of our Kona engineering ®ivision office a# 327-3530. KE copy: ENG-HILO/KONA RLIVG-KORIA ~ ~;r~ chs~~ Harm Kim Mayor ~Ilt~ D~~~M~N~ ~ _ 25 Aupuni Street • Suite 103 • Hilo, Hawae'i 96720 , , ' December 20, 2001 (808) 961-8297 • Fax (808) 961-8296 To: Christopher J. Yuen, Planning Director From: Edward Bumatay, Fire Chief SUBJECT: CHANGE ®F ~~NE e4PPLlCA'fl®6e! ~RI~ 01020) APPLlCAN°~: TGlSAN ASSQClATES, A ~lAWAIi Lil4~ITEI~ ~AI~TNERSI~lI~ ~tEOtI.dEST: O~C~~lClJLl9l2AL. (A~5a) T® !VElGFl~®12!°!®~D C®14ANIE~ClA~ (CNm10} °f,~C CAF KEIP: 5-~-04:023 Water supply shall be in accordance with UFC 10.301: eeSec. 10.301. (a) Type Regaaired. The chief shall designate the type and number oef7fire appliances to be installed and maintained in and upon al! buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. . "(b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable forthe protection of the hazard involved. Such devices or appliances may consist of automatic fre alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire-extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when Uniform Fire Code Standards do not apply. ~a ~o: Christopher J. Yuen, Planning Director Page 2 December 20, 2001 '°Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. °'~he location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. "(d) dire ~ydrarat Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e) 1°iming ®f Instaitata®ri. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction.. When alternate methods of protection, as approved by the chief, are provided, the ~bov~ may be modified or waived. "{f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall be subject to periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to installation." -L_ ~DWAR -1~lJMATAY dire Chief ~~/mo ~ffA9.dAlWb' J. CAYkYAAlO • - ~,Y it S. COB.QdbOA-AO~AAO. C66A; 48®V~SL'tlOa 06 P4A8iPa094 COWAC~i4s^u~OpFp ~ ATEO roREg+OU~CE~9~g,~ffN4 . DEPUTIES o-ge'cx JABdET E. KAYe°ELO UP1PdEt PiIS6iIflKA _ ~ STATE OF 1-IA~lOAII , . DEPARTAA~ENT OF LAND AND NA?TiJRAL RES®l1RCES AnuATIC aesouacEs soAnrac Aroo ocEAaa aECaEAna HISTORIC PRESERVATl01l# DIVISIOdd co~c~slsslolm en ws~,rEa FESOUi1 . Kakuhlhovae Budkling, ~tpoeea 555 A4A81AGEMEroT v _ ~ 601 Kamokila Bot~verd CQMSERVATiOro Aro@ aESOUaCES Km~obl, ldavv~e} ~~07 €MFORCEMEABT COBdVEtfAWCEs - HAWAI' I HISTORIC PRESERVATION F3aESTRM aJ~® vuet®uFE 311STOaSC PaESEaeeA~lons . DIVISION R1uV1EW ~Q STATE PAaX$ LOG NO: 28686 DOC NO: O111PM26 TO: Mr. Christopher Yuen, Director Name of Agency/Applicant: County of Hawaii Planneng Department Address of Agency/Applicant: 25 Aupuni Street Hilo, Hawaii 96720 SUBJECT: Change of Zone Application (I~EZ Ol'ZO) Toisan Associates-A~ricuttural (A-Salto Nei~hborhootl Coenenercial (Clef-IO) Ahupua' a: Waimea District, Island: South Kohala TMK: 6-4-024:023 1. We believe there are no historic properties present, because: a) intensive cultivation has altered the land b~ residential development/urbanization has altered the land X . c) previous grubbing/grading has altered the land- d) an acceptable archaeological assessment or imrentory survey found no historic properties T e) other Thus, we believe that "no historic properties will be affected" by this undertaking ~K . 2. This project has already gone through the historic presereration review process, and mitigation has been completed Staff: ~=~~--G~- ~ Date: December 3. 2001 Title: Hawaii Island Archaeologist PM:amk y ~ _f. y a.f •r _ - ,,,et ~ ~ ~ SIT r' ~ 4~'.~-a ~ i~i~'~1~6~ !.~®~~1~ CAJ$o~'e161t1®li~ ~ ~s Z66S, ICs~~, aai 96753 8/24/01 11+ir. Chris Yuen, Plararaing Director Hawaii County Planning Department 25 Aupuaai St. Hilo, Hawaii 9fs720 _ ~ ItE: Tll~d6:6-4-24:23 ~ - Dear Mlr. Yuen: Our committee met on 8/ 14/01 seed revieaved 2 proposals that dvill be submitted to ikae Planniri_g Departrreent by Aza Summers, Architect, acting on behalfof 11~r. Paul ltufo seed. Toisaa~ Associates, owner of Fukushima storc and adjacent: parccL Plans presented to the committee represent a proposal to retain the existing Fukushima store and maintain its historical heritage, and to build new structures in a style similar to Fukushima store to retain the village character of Waimea. A request is being made to rezone the vacant parcel (23) to Neighborhood Commercial (CN-10), similar to Fukushima Store. Additionally the owner plans to consolidate the two lots into one property for new development. Discussion included statements ofsupport by various committee members including one statement that praised the proposed development because it "established an anchor village character at the East end ofWaimea". A motion was made to support the request for rezoning and seconded. The measure passed with 100% yea vote. A second request is being made to amend Ordinance 94-56. The background for this request is as follows. ®riginaily the Fukushima store was situated on property zoned Agriculture. A request was made by 1VIr. ltufo to rezone that property (parcel 22) to Commercial which was granted. There were conditions placed on the rezoning such that street lighting, curbs, gutters and sidewalks were required because it was expected that the old Fukushima store would be demolished. ~.i~.~3~s$ ~@IIfi ~ Since the old store was not demolished as originally planned and it is flaow desired to flYaaintain the historical c er of the original building, the resluest is t® aanend the above condition to delete the condition for curb, gutter and sfldewalk if the existing Pukushirflaa Store is retained and only apply that condition if Fukushirna is deraaolished and a new structure built. Discussion included stateflraents frofln the conafl~aittee that supported the concept of retaining the historical lFukushirraa Store. It was pointed out that the property on the Hilo side of the property is not arad likely will not 6e zoned Conanaercial and therefore no sidewalk was needed for access. ~t was felt by the corramfttee that a sidewalks were not desired in that locality and strong support was voiced t® maintain the existing building grad character. A anotion was anade to support the request to amend conditions of Ordinance 94856 and seconded. The flraeasure passed with 100% yea volt. Thank you for your consideration to allow our continued input into plans that aflFect our cornrnunity. Sincerely, Pete Hendricks Chair t ~ ~-y°~ ~ts1~c t~ N ~ tJ b~ lin ~ (5 i til r~~ t l~~ G~ r-t ~ T'C' ~ ddUairnaa plan review committee August 14, 2OOi A presentation was made by Aza Summers, Architect, on behalf of peal I~ufo representing °~oisan Associates. The Fukushima store is owoned by T®isan ' - and the adjacent !ot on the ~6i'aimEa side was recently purchased by ~®isan. plans presented to the committer represent a propose! to retain the existing Fukushima store and maintain its historical heritage, and to build new structures to a style Sis•nilar t® Fukushima st®ra t® retain the ~/illag~ character of 1~faimea. A request is being made to rezone the vacant parcel (23) to Neighborhood Commercial (CN-10), similar to Fukushima Store. Additionally the owoner plans to consolidate the two lots into one property for newo development. Discussion included statements of support by various committee members including one statement that praised the proposed development because it - "established an anchor village character at the East end of U?Baimea". A motion woes made to support the request for rezoning and seconded. 'fhe measure passed with 100% yea vote. . A second request by fioisan is being made to amend Ordinance 9~4-Sf . the background for this request is as follows. ®riginally the Fukushima store woes situated on property zoned Agriculture. A request woes made by fir. Rufo to rezone that property (parcel 22) to Commercaa! which was granted, ~°here were conditions placed on the rezoning such that street lighting, curbs, gutters and sidewalks were required because it was expected that the o!d Fukushima store would be demolished. Since the old store was not demolished as originally planned and it is now desired to maintain the historical character of the original building, the request is to amend the above condition to delete the condition for curb, gutter and sidewalk if the existing Fukushima Store 6s retained and- only apply that condition if Fukushima is demolished and a new structure built. Discussion included statements from the committee that supported- the concept of retaining the historical Fukushima Store. It was pointer out that the property on the Hilo side of the property is not and likely will not be zoned Commercial and therefore no sidewalk was needed for aces. It was felt by the committee that a sidewalks were not desired in that locality and strong support was voiced to maintain the existing building and character. A motion vvas made to support the request to amend conditions of ®rdinance 94-56 and seconded. the measure passed with 100% yea vote.