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HomeMy WebLinkAboutCOM 0193.000 2002-2004 xr or Harry Kim Dixie Kaetsu Mayor r : • Manngirtg Diree[or •••r? w wr~ COUNTY OF HAWAII 25 Aupuni Street, Room 215 • Flilo, Hawaii 96720-4252 • (R08) 961-8211 • Fux (8081961-6553 KONA: 75-5706 Kuakini Highway, Sui[e 103 • Kailua-Kona, Hawaii ~~6740 (808) 329-5226 Fax (808)32fi-5663 March 21, 2003 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 02-025) i Applicant: William V. Brilhante ? Request: ML-20 to MCX-20 Tax Map Key: 2-2-35:61 Change of Zone Application (REZ 02-024) Applicant: Firs[ Hawaiian Bank, Trustee of the William V. Brilhante Self-Directed IRA Request: RS-10 to CG-20 Tax Map Key: 2-2-024:012 Change of Zone Application (REZ OZ-031) Applicant: SAF, Ltd. Request: RS-10 to MCX-20 Tax Ma~Kev 2-2-3546 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. Sin erely / Harry Kim Mayor Enclosures 3 cc: Planning Department NO' Flle No. '1r l / Ref. To: x~r. n.,~ MAR 31 2003 rYY M ryy, rf;~'` . Harry Kim • Maynr 3 Yf •M~' County of Hawaii PLANNING COMMISSION H)1 Pauahi Street, Sui[e 3 Hiio, Hawaii 96720-3113 (&08j961-8288 Par.(808) 961-87d~ 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 02-025) Applicant: William V. Brilhante Request: ML-20 to MCX-20 Tax Map K~y• 2-2-35.61 The Planning Commission, after a duly held public hearing on February 21, 2003, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 21,050 square feet of land from Limited Industrial (ML-ZO) to Industrial-Commercial Mixed Use (MCX-20). The property is ?ocated in Waiakea House Lots ls` Series, adjacent and north of Tracy Lewis Inc. Realtor Office, on the west side of Kanoelehua Avenue, approximately 290 feet north of its intersection with Kekuanao`a Avenue, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: William V. Brilhante is requesting to change the district classification of the subject property from Limited Industrial {ML-20) to Mixed Industrial-Commercial (MCX-20). Although the applicant secured a rezoning of the subject property from RS-10 to ML-20 in 1989; it was not financially feasible for him to complete the project. More recently, the applicant has received numerous inquires regarding commercial, office and retail space rentals. According to the applicant, the MCX-20 zoning would provide flexibility for finding potential tenants and is appropriate for the area along Kanoelehua Avenue. The applicant proposes to develop a 7,094-square foot one-story building. Parking would be required in accordance with the Zoning Code. f~,?~ M Harry Kim Maynr • w rein: 9j1. 'fir ~j'N~ County of Hawaia PLANNING COMMISSION 101 Pauahi S[raet, Suite 3 Hilo, Hawaii 96721)-3tkt_t BO8j 961-8288 Fax (808) 461-8742 P~IAR 4; ?.f3~"~ 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 02-025) Applicant: William V. Brilhante Request: ML-20 to MCX-20 Tax Man Kgy: 2-2-35:61_ The Planning Commission, after a duly held public hearing on February 21, 2003, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 21,050 square feet of land from Limited Industrial (ML-20) to Industrial-Commercial Mixed Use (MCX-20). The property is located in Waiakea House Lots ls` Series, adjacent and north of Tracy Lewis Inc. Realtor Office, on the west side of Kanoelehua Avenue, approximately 290 feet north of its intersection with Kekuanao`a Avenue, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: William V. Brilhante is requesting to change the district classification of the subject property from Limited Industrial (ML-20) to Mixed Industrial-Commercial (MCX-20). Although the applicant secured a rezoning of the subject property from RS-10 to ML-20 in 1989; it was not financially feasible for him to complete the project. More recently, the applicant has received numerous inquires regarding commercial, office and retail space rentals. According to the applicant, the MCX-20 zoning would provide flexibility for finding potential tenants and is appropriate for the area along Kanoelehua Avenue. The applicant proposes to develop a 7,094-square foot one-story building. Parking would be required in accordance with the Zoning Code. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adeyuately 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 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 similar areas in the County. The Change of Zone request from a Limited Industrial (ML-20) to Mixed Industrial-Commercial (MCX-20) zoned district will conform to the following goals, policies and standards of [he General Plan Economic and Land Use Elements. 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. The General Plan is 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 goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE -GENERAL • 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 • 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. LAND USE -COMMERCIAL • 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. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • 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 [he review of such developments. • Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. LAND USE -INDUSTRIAL • 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 • 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. ECONOMIC • 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 diversification of its economy by strengthening existing industries and attracting new endeavors. 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 L[JPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Industrial on the LUPAG Map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Industrial designation on the LUPAG Map for this area of Hilo. The applicant proposes a mixture of light industrial and commercial uses which would be suitable in this area. The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP) adopted in 1975 suggests the retention of residential zoned lands in this area. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. The property is vacant and the applicant proposes to construct a new one-story building that will be approximately 7,094 square feet in size. Although 22 parking spaces are indicated on the proposed site plan, the applicant would be required to meet the Zoning Code requirements for parking; which would be one space for every 300- square feet of gross floor area for commercial uses (retail and office) and one for every 1,000-square feet of gross floor area for warehouse uses. Based on proposed commercial uses for the structure, the applicant would need to provide 24 parking stalls, one of which would need to be handicap accessible. Further, the applicant would be required to landscape the property in compliance with the Planning Department's Rule 17, regarding landscaping, to mitigate any possible impacts to surrounding residential properties. Surrounding uses are a mix of residential, light industrial and commercial. The immediate adjacent property to the north (makai) and west (rear) are lands zoned RS-10 and in residential uses. Adjacent to the south of the subject property is the Tracy Lewis Inc. Realtor's Office Buildings on ML-20 zoned lands. Other businesses in the area include Bruce Hansen's contracting business approximately 100' further north (one property over) on ML-10 zoned lands. On the corner of Kanoelehua and Kekuanao`a Avenue is the site of Aloha Petroleum on ML-20 zoned lands. On the corner of Kanoelehua Avenue and Hualani Street is a paint store on ML-10 zoned lands. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 All utilities and services are available to the site. Access tc> [he subject property is from Kanoelehua Avenue. Although water is available to the subject property by a 1-inch service lateral fora 5/8-inch meter, additional water can be made available from an existing 12-inch waterline along Kanoelehua Avenue with a connection size subject to review and approval by the Department of Water Supply. The Department of Water Supply requires that a backflow preventer be installed. The applicant would be required to comply with this requirement. The Department of Public Works has requested a drainage study, which shall be included as a condition of approval, along with any drainage improvements as required. The applicant has informed that they will connect to the existing public sewer line. There are curb, gutter and sidewalk improvements along [he subject property frontage. However, driveway access shall comply with the State Highways Division. Final Plan Approval shall be secured from the Planning Department. All other utilities and services are available to the subject property. Finally, the applicant has stated he will comply with all applicable agency requirements. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The property is located within Zone X, area determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. Due to the fact that the property had been fully developed with a dwelling in the past, no rare or endangered plants or animals nor any archaeological sites are anticipated to be found on the subject property. Since no valued cultural, historical or native resources nor any traditional and customary Native Hawaiian rights were practiced in the area, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. There is also no public access to the mountains or the shoreline that run through the property. It is not located within the Special Management Area (SMA) and is over 1 mile from the nearest coastline. Based on the above findings, approval of this change of zone request from Limited Industrial (ML-20) to Industrial-Commercial Mixed Use (MCX-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 We are enclosing a copy of the staff background for your information. Sincerely, Fred Galdones, Chairman Planning Commission LbriEaanterez02-025/J2pc Enclosures cc: Mr. William V. Brilhante Department of Public Works Department of Water Supply Rodney Haraga, Director/DOT-Highways, Honolulu BBrilhanterez622mcx01 skg-2/6/03 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WILLIAM V. BRILHANTE CHANGE OF ZONE APPLICATION NO. 02-025 William V. Brilhante has submitted an application to change the district classification of approximately 21,050 square feet from Light Industrial (ML-20a) to Industrial-Commercial Mixed Use (MCX-20) for approximately 23,761 square feet. The property is located in Waiakea House Lots 1st Series, adjacent and north of Tracy Lewis, Inc. Realtor's Office, on the west side of Kanoelehua Avenue, approximately 290 feet north of its intersection with Kekuanao`a Avenue, Waiakea, South Hilo, Hawaii, TMK: 2-2-35:61. GF,NERAL INFORMATION 1. Land Ownership: The subject property is owned by William Brilhante. RELEVANT BACKGROUND INFORMATION 2. February 23, 1989: Effective date of Ordinance No. 89-34, which rezoned approximately 21,050 square feet of land from Single Family Residential (RS-10) to Limited Industrial (ML-20a). (See Exhibit A -Change of Zone Ordinance No. 89-34) 2,' August 21, 1989: Applicant's letter requesting an extension to Condition B regarding subject development. Although the applicant in his letter asked for an extension for both TMK: 2-2-37:27 and 2-2-35:61, the Planning Department responded by letter dated September 6, 1989 for only TMK: 2-2-37:27. The request for this subject property, ~c l however, was inadvertently acknowledged by the Planning Department. For the record, let it be known that the applicant did request an administrative extension of time, which if granted, would have given him until February 23, 1991 to secure Final Plan Approval. 3. Amendment to Condition No. 2 filed with Planning Commission: The applicant filed a formal request with the Planning Commission on Apri127, 2001 to amend Condition No. 2 (secure Final Plan Approval). The applicant has explained that the project was originally owned by a number of partners, until he eventually bought them out. It had not ~ ~ : , been financially feasible for him to complete the project. Mr. Brilhante subsequently withdrew the request, stating that he would apply for an MCX zoning change since that classification would be more consistent with proposed uses. REQUEST 4. Request: The applicant is requesting to change the district classification of the subject property from ML-20 to MCX-20. Although Che applicant secured a rezoning of the subject property from RS-10 to ML-20 in 1989; it was not financially feasible for him to complete the project. More recently, the applicant has received numerous inquires regarding commercial, office and retail space rentals. According to the applicant, the MCX-20 zoning would be more flexibility for finding potential tenants and is appropriate for the area along Kanoelehua Avenue. The applicant proposes to develop a 7,094-square foot one-story building. Although 22 parking spaces are indicated on the proposed site plan, the applicant would be required to meet the Zoning Code requirements for parking; which would be one space fore every 300-square feet of gross floor area for commercial uses (retail and office) and one for every 1,000-square feet of gross floor area for warehouse uses. Based on proposed commercial uses for the structure, the applicant would need to provide 24 parking stalls, one of which would need to be handicap accessible. 5. Supportive Information: In support of the request, the applicant submitted the following: (See Exhibit B -Change of Zone Application) STATE AND COUNTY PLANS 6. State Land Use District: Urban. 7. General Plan LUPAG Map: The LUPAG Map designates the area for Industrial uses. 8. Goals and Policies of the General Plan: Applicable Economic, Recreation and Land Use elements goals, policies and courses of action for South Hilo. 9. County Zoning: Limited Industrial (ML-20a). 10. Industrial-Commercial Mixed District (MCX): The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section -2- 25-5-130, Hawaii County Zoning Code, this district would allow a mix of industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non- industrial uses to unsafe and uiiliealthy environments. 11. Hilo Community Development Plan Map: Adopted as Planning Commission's Resolution No. 1 in 1975 suggests an RS-10 zoning for the area. 12. Special Management Area: The subject property is not situated within the Special Management Area. The subject property is located over l.3 miles form the shoreline. 13. Coastal Zone Management, HRS Chapter 205A: The State ofHawai`i defines the coastal zone as the entire state, and therefore, the activities are subject to compliance with the State Coastal Zone Management (CZM) Program. In addition to compliance with the State CZM Program, the proposed action must also comply with requirements of the County's CZM Program. This includes review of impacts to recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazards, marine resources or other natural and environmental resources. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 14. Subject Property: The subject property is located on the west side of Kanoelehua Avenue between hIualani and Kekuanao`a Streets. It is an approximately 21, 050 square foot property that is rectangular in shape and relatively level. The property is vacant. 15. ALISH: Urban development. 16. FIRM: Zone "X", or area determined to be outside the 500-year flood plain. 17. Cultural Resources: There is no evidence of traditional and customary Native Hawaii Rights being practiced on the property; therefore, no feasible a<;tion is necessary to protect these rights. 18. Public Access: There is no public access to the mountains or the shoreline that runs through the property. 19. Flora and Fauna: The subject property has been cleared and was previously developed with a dwelling. -3- 20. Surrounding Zoning and Land Uses: The immediate adjacent property to the north (makai) and west (rear) are lands zoned RS-10 and in residential uses. Adjacent to the south of the subject property is the Tracy Lewis Inc. Realtor's Office Buildings on ML-20 zoned lands. Other businesses in the area include Bruce Hanson's contracting office approximately 100' further north (one property over) on ML-10 zoned lands. On the corner of Kanoelehua and Kekuanao`a Avenue is the site o1'Aloha Petroleum on ML- 20 zoned lands. On the corner of Kanoelehua Avenue and Hualani Street is a paint store on MCX-10 zoned lands. 21. Commercial/Industrial Rezonings in the Vicinity: Along Kanoelehua Avenue, within the immediate vicinity, the following rezonings have been approved: A. TMK: 2-2-35: 59 & 101: Ordinance No. 98-80 (REZ 893) from RS-10 to ML-10 effective 8/2,'98 to Bruce Hanson, to develop a contracting business. The business is located in the existing dwelling and small warehouse on the subject properties. B. TMK: 2-2-35:91: Ordinance No. 97-147 (REZ 873) effective 12/11/97 from RS-10 to MCX-10 to William V. Brilhante. [t is presently the site of the Delux Paint Store. ` ~ ' C. TMK: 2-2-35:47: Ordinance No. 97- 93 (REZ 862) effective 7/3/97 from RS-10 to ML-20 for Gerald Kodama, to develop Harper Car and Truck Rentals of Hawaii. No development on property to date. D. TMK: 2-2-35:62: Ordinance No. 85-10 (REZ 486) effective 2/25/85 from RS-10 to ML-20 for Tracy Lewis, presently the site of the Tracy Lewis Building. E. TMK: 2-2-35:64: Ordinance No. 857 (REZ 428) effective 3/16/83 to Rainbow Petroleum Co., presently the site of the Aloha Petroleum self-service station. PUBLIC FACILITIES AND SERVICES 22. Access: Access to the property is from Kanoelehua Avenue, afour-lane highway. The lanes fronting the subject property are one way and southbound. 23. Water: Water is available to the property by a 1-inch service lateral fora 5/8-inch meter. 24. Public Services: The subject property is within the City of Hilo limits and in close proximity to police, [ire protection and emergency medical services. Fire and emergency -4- services are provided by the Waiakea Fire Station which is located approximately 2.5 miles to the east of the subject property. Electricity and telephone are available to the subject property. 25. All other essential utilities and services are or will be made available to the property. AGENCIES' COMMENTS 26. Police Department (Memo dated November 21, 2002): "Staff has reviewed the application for the above-mentioned project and has no comments or objections." 27. Real Property Tax Office (Memo dated November 19, 2002): "There are no comments at this time." 28. Department of Public Works: (See Exhibit C -Memo dated December 18, 2002 and Applicant's letter of response dated January 14, 2003). 29. Department of Environmental Management: (See Exhibit D -Memo dated November 25, 2003 with attachments from Wastewater aad Solid Waste Divisions; and Applicant's 2 letters of response dated December 12, 2002) 30. Fire Department: (See Exhibit E -November 20, 2002 memo and applicant's response dated December 12, 2002) 31. Department of Water Supply (See Exhibit F -January 30, 2003 memo) 32. State Department of Transportation: (See Exhibit G -Letter dated December l3, 2002 and Applicant's response dated January 14, 2003) PUBLIC COMMENTS 33. Concept Development: (See Exhibit H -Letter of support received November 26, 2002) -5- a .r. ~ ~ ~.,k~ COUNTY OF HAWAII.~,.'`~-~_'~:STATE OF HAWAII _ , .r " Biil No. s ORDINANCE NO. 89 3~ AN ORDINANCE AMENDING SECTION 25-114•(CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-35:61. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Limited Industrial (ML-20): Beginning at the northeast corner of this parcel of land and on the west side of Kanoelehua Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station 'HALAI" being 1,363.00 feet South and 11,062.50 feet East, thence running by azimuths measured clockwise from true South: 1. 360° 00' 100.00 feet along Kanoelehua Avenue; 2. 90° 00' 210.50 feet along Grant 11,393 to John G. Perreira; 3. 180° 00' 100.00 feet along Grant 10,766 to Yoshio Kodani (Lot 9); 4. 270° 00' 210.50 feet along Grant 12,773 to Margaret C. Adrian (Lot 8) to the point of beginning and containing an area of 21,050 Square Feet. EXF11~6~' All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. These changes in district classification are conditioned upon the following: (A) The applicant, its successors or assigns shall comply with all of the stated conditions of approval; (B) Final Plan Approval shall be secured from the Planning Department within one year from the date of the effective date of the change of zone. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Parking shall comply with the requirements of Chapter 25 (Zoning Code). No parking variance from the Code sha1.1 be applied for or granted; (C) Construction of the proposed development shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter; (D) A drainage system shall be installed in accordance with the requirements of the Department of Public Works; (E) The driveway access to the property shall meet with the approval of the State Department of Transportation, Highways Division; (F) In the Planning Department's Final Plan Approval, consideration shall be given to any potential visual impacts and the visual impacts shall be mitigated through the appropriate siting, heigYct, bulk, color schemes, signage and landscaping; (G) Any activity conducted on _2_ the property shall not constitute a nuisance to the surrounding properties. Should any activity be determined by the Planning Department to be a nuisance to the surrounding properties, the Planning Director may impose additional mitigating measures in order to eliminate the nuisance; (H) The method of sewage disposal shall be with the approval of the appropriate governmental agencies; (I) All other applicable laws, rules, regulations and requirements be complied with; (J) Should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (K) An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report 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 with and the Planning Director acknowledges that further reports are not required; and, (L) An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, -3- 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 zoning code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and 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 additional 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 Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this 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. INTRODUCED BY: . UNCIL MEMBER, COUNT OF HAWAII Hilo, Hawaii Date of Introduction: February 1, 1989 Date of 1st Reading: February 1, 19?9 Date of 2nd Reading: February 15, 1989 Effective Date: Februar~> 23, 1989 Z'RVE ~ NORTH rrl~--zo ~ Sc.e.ti..E= r 1' _ moo' 0 P GC-NGryAL L.Y MAN FICI-~ Q (RICO AIr2PORT) /~/III//~~~ M~-~c M ~-1e MVIO Ml--2C ML-1e O 1°CA1VOEl..CI--tUA A~/CNUE -BANYAN t7RIVC 1,363.00 3 11~067..9o E ~3~0°00' VO LHANO-n "H ALAI" D IOO,00 aS is f aR-lo Q N DUI ~o- I Rs-IV Mio R=-+" 00 00 nr ~ R~ I~ lao°oe W ~y 100.00 ~ Rg7,o 2Srlo L'. SIN 6l.C- RAMIL-Y I j RESIDENTIAL (RS-10) f,.., i , as'lo To l..i MITCO N INDUSTRIAL ~Ml--'20 N as-.^ ' AREA =21,o5o SG>..FT KALA1Vi1'GOA ST>~E1=T Q a°~I~ rz=-~ ~ I~ Q ~ ~ I Z _ ~ I i i Y RS-IC ~ Rs ~IC Y ~ r AMENDMENT TO THE ZONING CODE AMENOIIVG SECTION Z5-114 (CITY O~ HI1...0 ZONE MAP) AIQTICI...C H, CHAf~TER '25 (ZONING CODE) OF THE f-IAWAIi COUNTY CopE, 13Y Ct-iANG1N6 THE p1STR1CT CLASSIFICATION FI4OM SINGS-E pAMit_Y t~ES1DENTlAL ~I~S-f0) '1-O L.1MITCD 1NDUSTT~2IAL (M t_-~O) AT 1/VA1A1<EA , So~1TH H11--O~ 1-~AWA11. Pt~CI°A>~~O BY !°I---ANINft~l~ ~~I°Af~TMCNT courvTY OP F-tAi^lA11 TMK = 2-~.-95 - 61 rtov. 14, t~BB EXHIBIT "a" eHANG ~ OF "LONE APPLICATION COUNTY OIL, HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) ~ - . 1 t, 5. APPI_ICANT:__ Wit] iam v. Brilhnnte _ APPLiCAN'I"S S[GNATUREx DATE: ]~/25%'0~'~~ ADDRESS: 134? rtil~~uea .ewe Hi Lo HT 96%ZO LIST APPLICAN'T'S INTEREST IP NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: lVilli~ri Bri-]h~urt_e v PHONE:(Bus.)_`''-'~~~ (Res.) (Fax) 969-?842 LANDOWNER(S): LANDOWNER SIGNATURE( ~ DATE: 10/25/02 (May be by letter) LANDOWNER(S) ADDRESS:__ REQUEST: n~2o TO r?<~_-~n (Existing zonmel (Proposed Zoning) TAX h'IAP IiEY: j 2-2- 35-y 1 STREET ADDRESS OF PROPERTY: Kanoelehua Ave Hilo YI 96720 SIZE OF PROPERTY OR AFFI~:GTED AREA(S) TO BE ILE'LONED:_ 21, OSq sc• ft_ AGI3NT: ADDRESS: TEL,EPIIONE:(Bus.)__935-1 (Res.) (Fax) 969-7842 Please indicate to whom original correspondence and copies should he sent. ORIGINAL: 1]_iani Bri-::-hantca COPIES: _ (Sec ]nspvct~>~~ '~~e Side) CHANUEOFZONEAPPLICATION: William V.Brilhante Limited Industrial (ML-20) toIndustrial-Commercial Mixed Use (MCX-20) This property was rezoned in 1989 by Ordinance 89-34 from RS-10 to MLy2O. ~h~at time, a partnership had plans to develop the property for commercial/industrial use" ~s the F~ j r{ economy slowed, the parmcrs plans changed and I had to buy the paruters out. IJ~ttih qqw, it w_as not financially feasible for me to complete this project on my own. ~ n As a result of a new warehouse building we recently completed on the cor of Hualani and Kanoelehua Street, we have received numerous inquiries regarding commerct?/office/retail space rentals. As such, we would like to request a change of zone at this time from ML-20 to MCX-20. Allowing this broader zoning would allow us more flexibility in finding potential tenants. The MCX-20 zoning would be more appropriate as the area already allows for commercial/office/retail uses along Kanoelehua Avenue. It is our sincere desire to be a part of a better economy and to provide jobs and revenue to our island. With the favorable financing available to us at the present time, we will make every effort to get our plans finanalized and expedited for completion as soon as we possibly c an. A. SUBJECT REQUEST 1. Details of Proposed Use/Development a) 1'he applicant William V. Brilhante is requesting a Change of Zone for approximately 21,050 square (eet of property from the Limited Industrial (ML-20) zoning to the Commercial Mixed Use (ML-CX-20) zoning. The property is located along Kanoelehua Avenue to the north of the Kanoelehua and Kekuanaoa intersection, Waiakea, South Hilo, Hawaii, TMK: 3/2-2-35-61. b) The applicant has been approached by prospective tenants who are interested in office, retail and warehouse type uses. The reason for this request is to allow for greater flexibility to accommodate the need for these t}+pes of users. c) The subject property is 2],050 square feet. d) 1'he applicant proposes to develop a 7094 square foot, one story building and 22 parking stalls on this 21,050 square footlot. e) The estimated time for construction is approximately twelve (l2) months at a cost of approximately $SOQ000. f) The building will be geared toward office, retail or warehouse type users whose employee count would be mi nimal. The clientele served would probably be limited to the retail operation (if any). g) Parking stalls would be made available and applicant intends to gain access to this property from Kanoelehua Avenue. h) Traffic impact from this property should be minimal. Entry and Exiting would be through right lrrrns only in and out oC Kanoelehua Avenue. i) Applicant intends to provide the required on-site and off-site infrastructure as required by the Dept. of Public Works. B. CONFORMANCE WITH STATE/COUNTY PLANS 2) The State Land Use District is Urban. 3) The property is not located within the coastal area and does not affect the Coastal Zone Management areas. 4) Goals of the General Plan are to provide residents with opportunities to improve their quality of life with economic developments and improvements in balance with the physical and social environments of the Island of Hawaii. Most importantly, it calls for economic environments which allow for new, expanded or improved economic opportunities all while striving for full employment. It stresses the maintaining of the quality of the environment and providing for clean industries. 5) The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for Industrial uses and compliments the goals, policies and standards of Che General Plan. 6) This property is presently zoned Limited Industrial (ML-20). 7j The Community Development Plan (CDP) adopted as Planning Commission Resolution No. 1 in 1975 suggests the retention of the RS-] 0 zoning designation. 8) The property is not within the Special Management Area of the County of Hawaii C. PHYSICAL CI IARACTER[STICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA 9) The property is located on the north of the Kanoelehua/Kekuanaoa intersection, along Kanoelehua Avenue. It is a rectangular shaped lot (100' x 210.8') fairly level lot which was previously cleared. IU) This lot is located in Lava Hazard Zone 3. - ] 1) The property is located about a mile from the coastline. 12) The ALISH designation does not apply -this is non-agricultural lands. 13) The Soil Survey Department published by OSDA, Soil and conservation Service classil~es the Land as Keaukaha Series (rkFD) which consists of well-drained, thin organic soils overlying pahoehoe lava bedroc k. The surface layer is about eight inches thick. The soil above the lava is very slowly permeable, but water moves rapidly through the cracks Run-off is mediwn and the erosion hazard is slight. 14) Land Study Bureau soil rating: rkFD ]5) According to the Flood Insurance Rate Map (FIRM) prepared by the Army Corp of Engineers, the site is determined to be in Zone "X", an area outside the 500-year Rood plain. 16) The applicant intends to install a drainage system that meets with the approval of the Department of Public W orks. 17) The property is subject to volcano haze, is in close proximity to the Hilo Airport and has access to public waterlines. 18) The site had been previously cleared and the presence of any endangered plant or animal specie or significant archaeological feature is highly unlikely. 19) The property is overgrown with weeds and has no native or exotic plants. 20) There are no scenic or coastal views from this property that would be impacted by the rezoning. 21) The property has never been used as a place of Hawaiian gatherings and is not subject to Hawtuian gathering rights. 32) The property is not located near the shoreline or near mountain areas and public access is not a 1 actor for this properly. 23) "The subject property is located adjacent to County Single Family Residential 10,000 syuare foot zoned district, however there are many industrial/commercial type uses along Kanoelehua Avenue. Residential properties are slowly converting to industrial/commercial uses and the area along K~utoelehua Avenue is becoming more diverse in use, with the varied types of commercial/retail/industrial businesses currently operating. 24) Economic resources in the area lend to a mixed use of indusn~ial/commercial zoned uses of this property. The close proximity to the airport, post office and other businesses make this an ideal location for any commercial venture. There are many commercial shops and employment centers in the area that provide services to the project site. 25) Property values in the area range between $250,000 to $300,000. 26) Lands to the rear of the property are primarily residential in use. Lands along Kanoelehua Avenue arc presently occupied by a gas station, commercial office buildings, residential units aswell as retail/wholesale operations further north along the highway. Along Kanoelehua Avcnuc you will find many industrial uses with some residential properties scattered between. The immediate neighboring properties are Century 21 office building to the south and a residential unit to the north. Lands across the street are zoned industrial. D. Public Facilities and Services 28) This property is accessed off of a paved, four lane divided highway 29) Water is available from the County Department of Water Supply through a waterline along Kanoelehua Avenue. 30) Sewer connection is available along Kanoelehua Avenue. 31) Solid waste can be disposed of at the local county landfill nearby. 32) There is adequate police a~td fire protection in close proximity to this property. 32) The site is near existing schools (elementarysecondary and colleges) and recreation amenities. 33) Parks are available close to the school districts. E. Environmental Assessment and Analysis 34) The nature of the proposed tenants would not create any dram or damage to the environment. Any olfice or retail uses of this property would be environment-friendly and conducive to the goats oI the General Plan. 35) "f he nature of the proposed tenants would not create any strain or damage to the environment. any office or retailuses of this property would be environmental-friendly and conducive to the goals of the General Plan. 36) The intended use is to provide low-impact type of commercial use -mainly office accomodations. This type of useage would provide the least impact to the surrounding area, minimizing or avoiding tmy measures needed to reduce it's impact. 37) Alternatives to the change of zone request would be to leave the current zoning of MU 20 in place, however this wotdd limit [he nature of potential tenants. There seems to be a greater need of a mired zoning where officq retail and warehouse type operations would be allowed to operate. 38) There would be no irreversible or irretrievable commitments of natural resources if the proposed action is implemented. This property contains nothing of considerable value in the way of natural resowces. N di ^ Y ~I i6 ~ n1e N L~ A' ° of u i wN~s ri e~ ~o z- o = mi„ t j e _z r= ~ III N~ e e.~.uN V 1 •4 ~ 1 /F _Y7N v0 ll ..•u__ e C ~ F1Vid? Q i• © _ T ~ t~ o v:v vn~~~ ~ ~e « ~ _ m E ~O" p( `4 W e. ilia ~r ~{6 :I ho - _ _ _ ~ '~6d~i a 3pl tFf , k s i,~r ~ It{ ` {~1, e i4 j ,i PJ 6t E t 3~ t t~~ r ~ i~:.~`3i~ ~ et ~ i 1 .O e, 43d: ~gT i~g i~Ei ~ ' Fu a.~ 41 8i T' f~ sor O e rrs _ ~ ~ O W • yr r s 9 C . tiF. ~ r' d`' c ..a- 6 E Q j e~ ~ « 6Ft € ~ y~ t _ ~ r / h~ f e ~a~ s w a x ~~1 frJ si ~ ^ =rerv ur I AV ,.a...rrH ' ~ f. I • A e ~ ~ ~ 1 E ~I KA' '9 V r ' U J i r 'n ~esv~ [ Q ~ P~ 1 _ q tr r I t t, J r ~ ~ - - ; o III / "1 d { f 6 ~ ~ e n O / 3~rvr Hill ~o ~ II C ?V Y ~ a BA 6 Q III J Y d ~ tY~ ~ ~ Q ~ O .1 Q ~ ~ - ~ a a~ ,fvd s o Y E - E C `ml/ £ rot al ~ _ o # e t J © a n o- i,, o, ~ ~ ~ ~ I E ~r ~ ~ r ~ 1~ P m i u F f _ _ y~ E re ~ i.. E C a~i i i ~ ~ 3 1 N - ~nro an v• /i~a'~iid - aF .rc~]d - a 2 O s ~ T ~ Yi F _ Ai_G I ~ - 3- _ 1 s II ~~~Q.~ - _ PKOPERTY BOUNDARY -~..-..-..-..T.._..- .-..s..- ~ \V~~.~ ~ ~ ~A ' ~ z,. . b ~ ~~A~ VA~~ r, O , ~ ~1 ~ VA C `i , ~I I ~ ~ z ~ _ r- , ~ i ~ ~ ' ~ v LC) p m w ~ - ~ - I , t _s-~ ~ - i ~ i I ~ ~ z ~i ~ ~~~~Q ~ N Q N ° C~ cn ~ ~ N o o m a h- _ o ~i N - U_ m o 1 ~ I uJ ~ °G ~ w N ~ O z ~ ~ ~ ~ ' l~ W i Z ~ { ~ V I, ~ w c0 ~ ~ ~ ~ Q- r~~ ~i ~ a ~ n i ~ i i 1- la) I I ~ - .O .E4 . I - .O A£ I ~ I - - ~ _ rna~_ ';I. Gi _ _ _ ~ ,l?JVONf109 ,ll?J3d021d o oo~ - - - - - KANO~L~HU/~ ~Y~NUE DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII ~ ~ i'~'j 2 f~~TE: December 18, 2002 . 1~I11G C,~., TO: Christopher J. Yuen, Planning Director FROM: pep ment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 02-025) Applicant: William V. Brilhante Request: ML-20 to MCX-20 TMK: 2-2-35: 061 We have reviewed the subject application forwarded by your memo dated November 14, 2002 and offer the following comments for your consideration. 1. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage report shall be prepared, and the recommended drainage system shall be constructed meeting the approval of the DPW. 2. The subject parcel is in an area designated as Zone X by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500- year floodplain. 3. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion & Sedimentation Control, of the Hawaii County Code. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG January 14, 2003 TO: Christopher Yuen, Planning Directoh~3 7 N N(~ 1 Q8 County of Hawaii 100 Pauahi St., Suite 7 GOiJt,i-~ , , , Hilo HI 95720 - FR: William V. Brilhante 1342 Kilauea Ave Hilo HI 96720 RE: TMK:3/2-2-35-61 Charge of Zone Application (REZ 02-025) Dept. of Public Works comments We hereby agree to all of the comments made by the Dept. of Public Works and will comply with their recommendations and policies. ~-1 Thank you. ; i / V_- cc: Kelly Gomes, Engineering Dept. of Public Works 101 Pauahi St., #7 Hilo Hi 96720 JNZr ov Hq~ Harry Kim Barbara Bell Mayor - _ - Director 1TpOf~NI'" V,IILITI~~J ITl ~~i~ITFIti DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Stree[, Rnom 208 ~ Hilo, Hawaii 96720-4252 j,~~'lt (808) 961-8083 • Fax (808) 96]-8086 ~ `t- K~Ck:.i`''~:.~r ;AUN7l' 01' Hii~°1 g~t~ININ~ MEMORANDUM • Date November 25, 2002 1'0 CHRISTOPHER YUEN, Planning cto From BARBARA BELL, Director SUBJECT: Change of Zone Application (REZ 02-025) Applicant: William V. Brilhante TMK: (3) 2-2-035:061 We have reviewed the subject app]ication and our comments are attached. Enclosure cc: SWD WWD EXF11~91~ .I~ ~I~'- WASTEWATER DIVISION ~ Y - ~ DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 103 RAILROAD AVENUE-HILO, HAWA? 96720 'r (308) 961-8338 -FAX (808) 961-8644 MEMORAND UM.• DATE: November 2l, 2002 TO: Chris Yucn, Planning Director NROM: Peter Boucher, Division Chief Change of Zone Application (REZ 02-025) SUBJECT: Applicant: Willaim V. Brilhante Tax Map Key: (3) 2-2-035:061 Wastewater Division has reviewed the subject Change ofZone Application and recommends the following: Extend public sewer to service the subject lot. Require connection ofexisting or proposed structures to the public sewer. Should you have any questions, please contact me at 9G1-8338. cc: Barbara Bell, Director December 12, 2002 TO: Christopher Yuen, Planning Director County of Hawaii 100 Pauahi St., Suite 7 ` ~ ~ gym Hilo HI 96720 1 ~y C FR: William V. Brilhante ~ 1342 Kilauea Ave Hilo HI 96720 RE: TMK:3/2-2-35-61 Change of Zone Application (REZ 02-025) Dept. of Environmental Management comments Wastewater Division We will comply with the requirements to connect this subject lot to the existing sewer line. cc: Peter Boucher, Division Chief Wastewater Division 16 Railroad Ave Hilo HI 96720 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT SOLID WASTE DIVISION • COUNTY OP HAWAII - 108 RAILROAD AVENUE - HILO, FH 96720 ~ HILO (808) 961-8339 WAIMEA (808) 887-3018 KONA (808) 327-3507 Date: ~~-i 2 MEMORANDUM TO: Christopher Yuen, Director Planning Department FROM: Laurence E. Capellas, P.E. Solid Waste Division Chief SUBJECT: SOLID WASTE MANAGEMENT PLAN off' ~Aalc„E OF ~o..s~ ~K,~ Z OZ-G~2 '7'~-i,~ . z - a - Relating to the subject application for ~b'+9G -~yl++^,e ,this division has a~iQents. atfd#6rti b) THE FOLLOWING clazifications/comments: ` m/.~/ m~c/~af-irj u b ' ~?s.-~c/ ~~r~e~4s.-, eve ~ya-,n fei'ynq ~Gie. /o L2~~e/ l/. /~GU3e v-~"e~ides~co-~ d" ~+-+v"Ifer, mu~7` ba tsc~iaco/ 5..~cG ~iG l~i6e Lamed ~5 y~f~ /i' ~¢-J/ or'~5 snu.57` GC L.r~~1c~~c,~ fD e:[_7Ze•-+d 7zL+c a ~J' ~ ~ Ox/ `.a•c...~'i~»-Gz~caa '4,V~-c:~,. L/v>dGre~"/'b»ad 1st- 2// s~ . e.oe.-~,~ed 6y 'Y~,e~ mew ca~rrcrua/ u.5~ tvl/ n~>~i6 c- a//aru~~ Ta ~c tfs os cd ~ 7'7"13+^+`5 ~t~s-f-/~ ~ps,.~er~ ec.-.e/c t~.-~ fil ~s e G=6 L2(WjG?JC~ /~a~t" ~jG ~f~//~-r~~ c'~cJ!'~Ti6 "7~)G~G l~vS~t,LGa -!i, -aaTY/a7 LEC December 12, 2002 TO: Christopher Yuen, Planning Director County of Hawaii 100 Pauahi St., Suite 7 Hilo HI 96720 FR: William V. Brilhante 1342 Kilauea Ave Hilo HI 96720 RE: TMK:3/2-2-35-61 Change of Zone Application (REZ 02-025) Dept. of Environmental Management comments Solid Waste Division This property is vacant and the weeds on the lot will be poisoned to keep the weeds down. Once the project is started, there should be no need for any waste to be disposed of at the landfill. Refuse generated from commercial use of the building will be collected in waste bins and disposed of by hired private contractors who provide this service. cc: Lawrence E. Capellas, P.E. Solid Waste Division Chief 108 Railroad Ave Hilo HI 96720 JpfY Oe yqQ 4~% L4 ~i.i Harry Kim . ~ ` ~ Darryl J. Oliveira ~Nnyar Firc CGiej %;q~ .o Desmond K. Wery ~ O~ NP n~oury H;>e cnie/ c~nuntp of ~~tuai`i FIRE DEPARTMENT , 25 Aupuni Street ~ Suite 103 • Hilo, Hawaii 96720 _ fE~08) 961-8297 • Fax (ROS) 961-8296 °:~~6~=~ _ November 20, 2002 - TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 02-025) APPLICANT: WILLIAM V. BRILHANTE REQUEST: ML-20 TO MCX-20 TAX MAP KEY: 2-2-035:061 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). = p\ICpG~ E3C9il~l~ r_ .c~RE o~ s Christopher J. Yuen, Planning Director Page 2 November 20, 2002 Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.10E3. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. Christopher J. Yuen, Planning Director Page 3 November 20, 2002 "Q) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(I) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301: "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The 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." ti . i rt1! e DARRYL OLIVEIRA ~ ' Fire Chief RK:Ik December 12, 2002 TO: Christopher Yuen, Planning Director County of Hawaii 100 Pauahi St., Suite 7 Hilo HI 96720 FR: William V. Brilhante 1342 Kilauea Ave Hilo HI 96720 RE: TMK:3/2-2-35-61 Change of Zone Application (REZ 02-025) Fire Department We intend to comply with all requirements of the Fire Department. The design of this building and parking area allows for fire vehicle access directly up to the building. The building is one story in design and is easily accesible as it is designed for low maintenance and accessibility. Fire hydrants are located approximately 25 feet from this property providing easy access to this lot. cc: Darryl Oliveira, Fire Chief Fire Department 25 Aupuni St, Suite 103, Hilo HI 96720 MAIF.I OW`, ~Bp~i DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII S ° 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720 ~ti GF MIWR\\. t! TELEPHONE (808) 961-8050 • FAx (808) 967-8657 ~:~,i3 ,~r?~~1 31 Nf~ 10 0"l .ianuary 30, 2003 F~ '!^I `T C,~~iJ_I r , TO: Mr. Christopher J. Yuen, Planning Director P1aAming Department F ROM: Milton D. Pa~~ao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (R.EZ 02-025) APPLICANT -WILLIAM V. BRILHANTE REQUES'C: ML-20 TO MCX-20 TAX MAP KEY 2-2-035:061 We have reviewed the subject application for a change of zone and have the following comments and conditions. The parcel is currently servicod by a ] -inch service lateral fora 5/8-inch meter that is restricted to a dail;~ maximum of 600 gallons. Based on the prevailing water situation in the area, water can be made available from a 12-inch waterline along Kanoelehua Avenue with a meter connection size subject to review and approval during the construction design phase of your proposed development. [Iowcver, prior to issuing a water commitment to the proposed development, the following are required: L 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. "Che applicant will he inlorlned of the deposit amount upon final determination of the submittal required in Item I . Upon completion of the above reyuirements, an official water commitment will be effected in accordance with the enclosed policy. The commitment will be in writing with specific conditions and effective dates stated. 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 suhject to change depending nn the water situation. EXHIBIT ~Ua~eo~~bre~:s... Mr. Christopher J. Yuen, Planning Director Page 2 January 30, ?003 Should there be any questions, please call our Water Resources and Planning Branch at 961-8070, extension 1. Sincerely yours, Milt I Pavao, P.E. d Mai ger SHKaco copy - (w/enc.) Mr. William Brilhantc LINDA LINGLE '°""`h GLENN M. OKIM OTO GOVERNOR - c, o c s ~s sg ~ y INTERIM DIRECTOR 9' .,3 OHO ~POO'~OW`" ~ L~ ~ ~ ~ STATE OF HAWAII wReRLV ReEER ro: DEPARTMENT OF TRANSPORTATION - 869 PUNCHBOWL STREET STP 8.0577 ~ - HONOLULU, HAWAII 96813-5097 December 13, 2002 Mr. Christopher Yuen Director Planning Department Countv of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: Subject: William V. Brilhante Change of Zone Application (REZ 02-025) TMK: 2-2-035: 061 Thank you for your transmittal requesting our review of the subject project. The proposed development will consist of a 7,094 square foot, 1-story building with 22 parking stalls on a 21,050 square foot lot with access through right turns only in and out of Kanoelehua Avenue. Our comments are as follows: 1. All plans for work within the State highway Right-of--Way (ROW) must be submitted to our Hawaii District Office for review and approval. 2. Driveway access to Kanoelehua Avenue must comply with State Highways Division design standards. 3. No point discharge is permitted in the highway ROW for rainfall run off. We appreciate the opportunity to provide comments. Very truly yours, OLI,t„~,,.., t~ GLENN M. OKIMOTO Interim Director of Transportation EXH~~~~ January 14,2003 TO: Christopher Yuen, Planning Director County of Hawaii 100 Pauahi St., Suite 7 "V Hile HI 96720 . ~ n FR: William V. Brilhante ~ - ~ g 1342 Kilauea Ave ~ v?F/1 Hilo HI 96720 ~~~i~ ?T RE: TMK:3/2-2-35-61 Change of Zone Application (REZ 02-025) Dept. of Transportation comments We hereby agree to all of the comments made by the Dept. of Transportation and will comply with their recommendations and policies. Thank you. cc: Glenn M. Okimoto, Interim Director of Transportation State of Hawaii, Dept. of Transportation 869 Punchbowl St., Honolulu HI 96813-5097 NOV-'25-0? MOPd 2~~2 P114 CO'~~~'i COPdS`,'RUCTION FP.X N0. 80°':7597 P, 1 can c~ fi ~w~l ~ ~~nfi ~ ~ County of klawaii Planning Dept, 101 Pauahi St. Hilo, }Il. 96720 VIA PACSIMII,E: 961-8742 `,~[j AM~.Ii=~~ ~l~~~~?a~~® R6: Public Notice / Mr. William V. Brilhante GOUMry OF NAWAfi PIANNiN6 OEt^7. We would like to voice our support for this change in zoning. TMK# 3/2-2.35-61 Change from Limited Industrial (ML-20) to Commercial Mixed Use (MCX-20) please let the record reflect this correspondence. Many Regards, 6ruce Hansen EXHi~I~ 558 Kanoelehua Ave., Hilo, Hawaii 96720 808 935-0279 • Fax 808 935-7597 Builders License Number BC 16835