Loading...
HomeMy WebLinkAboutCOM 0250.000 2002-2004 Harry Kim ,yr7:'~°`••".~w~ Dixie Kuetsu Mnyor V~,,i~' Managing l~irectur i. CC)I1h1TY OF HA1~flY iy fl~ ? 58 25 Aupuni Street, Room 215 . Hdq Hawaii 9 672 0-42 52 • (ROR) 961-821}.~ ax X808) 961-6553 KON,1 75-5706 K.mkmi Highway, Suite I03 Faflua-Konqa Tia~4zi1~7~~5740 _~a~_f t iP'~_ (KOR)329-5226 Fax (805)326-5663 lj~~Nl ~ (11- f-~~~/~~ May 9, 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 03-002) Applicant: I. Kitagawa & Co., Ltd. Request: RS-10 to MCX-20 Tax Map Key: 2-2-50:14 Change of Zone Application (REZ 03-004) Applicant: HAKS, Inc. Request: RS-10 to MCX-20 Tax Map Key: 2-2-50:37 and 38 Amendment to Change of Zone Ordinance No. 91-38 (REZ 686) ~plicant Hirayama Brothers Electrical, Inc. Request: Amendment to Conditions B and D of Change of Zone Ordinance No. 91-38 and Other Conditions As Needed Tax Map Key: 2-2-35:31 Amendment to Change of Zone Ordinance No. 00 128 (REZ 698) Applicant: Paul Ogasawara Request: Amend Conditions C and D Tax Map Key 1-5-0720 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. S' cerely, l~- Har~ Comm. No.~ Mayor Ref. To: Irv F~f. note ~,v ~ ~nnz Enclosures cc: Planning Department ~ it i ~ ?vw Harry Kim ; Mayor y~'M%]M County of Hawaii PLANNING COMMISSION 101 Pavahi Sveet, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 ~'.t3 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: Amendment to Change of Zone Ordinance No. 91-38 (REZ 686) Applicant: Hirayama Brothers Electrical, Inc. Request: Amendment to Conditions B and D of Change of Zone Ordinance No. 91-38 and Other Conditions As Needed Tax Map Key: 2-2-3531 The Planning Commission, afrer a duly held public hearing on April 17, 2003, voted to recommend for your approval the proposed legislative bill to amend Conditions B & D (Final Plan Approval and required roadway improvements), and other conditions as needed, of Ordinance No. 91 38, which reclassified 11,450 square feet of land from a Single Family Residential (RS-10) to Limited Industrial (ML-10) zoned district. The property is located in Waiakea House Lots 1~` Series adjacent to the applicant's existing electrical business, and on the west side of Kalanikoa Street approximately 100 feet north of its intersection with Hualani Street, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting amendments to Conditions B (secure Final Plan Approval) and D (access and roadway improvements) of Ordinance No. 91 38. Effective May 7, 1991, Ordinance No. 91 38 changed the district classification of the subject property from Single Family Residential (RS-10) to Limited Industrial (ML-10). The applicant requested the original change of zone in order to remove and/or demolish an existing dwelling and construct an approximately 4,800 square foot building consisting of Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 a warehouse and office on the site. However, the plans never materialized and no activity has taken place on the subject property. In 2000, the property was sold to the current landowner, Mel-Brian T. Hirayama, who operates an electrical business (Hirayama Brothers Electrical, Inc.) on the adjoining parcel (TMK: 2-2-35: 99). The landowner resides on the subject property in the existing dwelling and wishes to expand the dwelling to continue its use as a watchmen or custodian quarters for its business. However, as the property is zoned ML-10, the existing dwelling is anon-conforming use and the County Zoning Code prohibits non-conforming structures to be expanded. Upon consultation with the Planning Department, the applicant has filed an application for consolidation of the subject property and parcel 99 (CON 2003-04). The inability of the applicant to comply with the requirements of Conditions B and D of Change of Zone Ordinance No. 91 38 is the result of conditions that could not have been foreseen or are beyond the control of the applicant. Ordinance No. 91 38 was approved for Limited Industrial uses on the site when the applicant purchased the subject property in 2000. The applicant resides in the existing dwelling which was never demolished and wishes to expand the dwelling, but because the property is zoned ML-10, the dwelling is anon-conforming use, and the County Zoning Code specifically prohibits non-conforming structures to be expanded. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for Industrial uses. The current zoning of Limited Industrial (ML- ] 0) for the subject property is consistent with the existing General Plan Designation of Industrial in the area. The County Zoning Code has subsequently been revised since this rezoning was approved. However, compliance with all applicable requirements such as setback, height and landscaping is required. All essential utilities and services are available to the site. The request would not adversely impact the industrial land use pattern in the Waiakea Houselots area. The granting of this request would not be contrary to the original reasons for granting the change of zone request In addition, to provide ample time to submit plans for Final Plan Approval, it is recommended that Condition B be amended to state a five-year time period to secure Final Plan Approval instead of the current one-year time period. Finally, agencies reviewing the request had no comments or objections. Based on the above findings, the request to amend Conditions B and D would not be contrary to the original reasons for approving the Change of Zone. For your favorable consideration, an amendment to Ordinance No. 91 38 is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 We are enclosing a copy of the staff background for your information. Sincerely, Fred Galdones, Chairman Planning Commission Lhirayama02PC Enclosures cc: Mr. Sidney Fuke Department of Public Works Department of Water Supply Rodney Haraga, Director/DOT-Highways, Honolulu BHirayamaRf:Z-3/31 /03 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HIRAYAMA BROTHERS ELECTRICAL, INC. CHANGE OF ZONE ORDINANCE NO. 91 38 (REZ 686) AMENDMENT TO CONDITIONS B AND D HIRAYAMA BROTHERS ELECTRICAL, INC. has submitted a request to amend Conditions B and D (Final Plan Approval and required roadway improvements) of Ordinance No. 91 38, which reclassified 11,450 square feet of land from the Single Family Residential (RS- 10) to Limited Industrial (ML-10) zoned district. The property is located in Waiakea House Lots ls' Series on the west side of Kalanikoa Street at Waiakea, South Hilo, Hawaii, TMK: 2-2-35: 31. BACKGROUND INFORMATION 1. May 7, 1991: Effective date of Ordinance No. 91 38, which rezoned the subject property from Single Family Residential (RS-] 0) to Limited Industrial (ML-10). The applicant had proposed to remove/demolish an existing dwelling and construct a building consisting of a warehouse and office on the property. Condition B of the ordinance required that Final Plan Approval be secured within one year from the effective date of the zone change. Condition D stipulated that access shall meet with the approval of the Department of Public Works and roadway improvements to Kalanikoa Street, including curb, gutters and sidewalks, shall be constructed along the frontage of the property prior to receipt of a certificate of occupancy. 2. Plans to remove and/or demolish the existing residence to construct a 4,800 square foot building consisting of a warehouse and office never materialized. In 2000, the property was sold to the current landowner, Mel-Brian T. Hirayama, who operates an electrical business (Hirayama Brothers Electrical, Inc.) on the adjoining parcel (TMK: 2-2-35: 99). The landowner resides on the subject property in the existing dwelling. 3. December 5, 2002: }'tanning Department informs the applicant that the existing dwelling is anon-conforming use unless used for caretaker purposes, and the County zoning code specifically prohibits non-conforming structures to be expanded. 4. December 18, 2002: Applicant informs Planning Department that the electrical business ATTACH. C-250 (Bill 111) wishes to expand the dwelling to continue its use as a watchmen or custodian quarters for its business. The two parcels are proposed to be consolidated into one. 5. January 17, 2003: The Planning Department informs the applicant that the expansion of the existing dwelling would be allowed provided that the property is consolidated with the adjoining lot with the electrical business. An application for the consolidation of parcels 31 and 99 (CON 2003-04) is filed with the Planning Department on February 18, 2003. 6. February 10, 2003: The applicant is requesting an amendment to Condition B (Final Plan Approval) and Condition D (required roadway requirements) of Ordinance No. 91 38. Condition B states: "final Plan Approval shall be secured from the Planning Department within one year from the effective date of the zone change. 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. Plans shall identify structures, landscaping, and parking stalls associated with the proposed use(s)." The applicant wishes to amend the first sentence of Condition B as follows: "Final Plan Approval for the living quarters shall be secured from the Planning Department within one year from the effective date of [the zone change] this amendment........." (Material to be deleted is bracketed, material to be added is underscored) Condition D states: "access shall meet with the approval of the Department of Public Works. Roadway improvements to Kalanikoa Street, including curbs, gutters and sidewalks shall be constructed along the frontage of the property. Said improvements shall be constructed in accordance with the requirements of the Department of Public Works prior to receipt of a certificate of occupancy for any portion of the development." The applicant wishes to amend the second sentence of Condition D to read as follows: "Said improvements shall be constructed in accordance with the requirements of the Department of Public Works prior to the receipt of a certitcate of occupancy for any [portion of the development] new, non-residential structure or use of the subject pronertX" (See Exhibit A -February 10, 2003 Letter with Ordinance No. 9l 38, and -2- SIdf12yFU{(2, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning T©lephone: (808) 969-1522 -Fax: (ri08) 969-7996 • Subdivision • Land Use Permits • Environmental Repons February 10, 20Q3, r,~ 1 , 3 i ~ ~ nr=iJ ~ Mr. Christopher Yuen, llirector i ` ~ ; l Planning Department i ~ ~ COtIN"fY OF HAWAi'[ 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: RE; Amendment to Ord. No. 91-38. TMK: 2-2-35: 31 As you may be aware, the subject property was rezoned into the Limited Industrial (ML-10) on May 7, 199i. The rezoning ordinance, a copy of which is attached as Appendix A, was subject to a number of time and other performance conditions. Your files will show that the former owner and applicant, David Okano, had plans to remove and/or demolish an existing residence and to construct a 4,800 square feet warehouse on the subject property. That did not materialize. In the meantime, the current owners, who operated their electrical business (Hirayama Brothers Electrical, Inc.) on the adjoining parcel (fMK: 2-2-35: 99), purchased the property in 2000. They have been residing in the dwelling since its purchase. Living in this dwelling has afforded the applicants the opportunity to provide the needed custodial and/or security functions of their electrical business. In a letter, dated January 17, 2003, your office concluded that the expansion of the existing dwelling would he allowed provided that the subject property is consolidated with the adjoining lot where the electrical shop is located. This and related correspondences are found in Appendix B. The applicant is pursuing this lot consolidation, as it wants to continue having family members reside in the dwelling. At the same time, to afford the needed flexibility ofindustrial-related use of this property in the future, the applicant would like to retain the ML zoning. As such, the applicant respectfully requests the amendments to the following conditions of Ordinance No. 91-38: "(B) final Plan Approval for the living_quarters shall be secured from the Planning Department within one year from the effective date of [the zone change] this amendment. fo assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall he submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall identify structures, landscaping, and parking stalls associated with the proposed use(s); EXHIBIT A Mr. Christopher Yuen February ] 0, 2003 Page 2 '`D) access shall meet with the approval of the Department of Public Works. Roadway improvements to Kalanikoa Street, including curbs, gutters, and sidewalks shall be constructed along the frontage of the property. Said improvements shall be constructed in accordance with the requirements of the Department of Public Works prior to receipt of a certificate of occupancy for [any portion of the development ~ any new, non-residential structure or use of the sub~eet property; (New items are underscored ;deleted items are bracketed [ In the event your office believes the request to be reasonable, the applicant has no objections to alternative language to accomplish the applicant's objectives. These objectives, in sum, are essentially twofold. One is to gain time relief from the submittal and securing of Final Plan Approval of any use of this property. The other is to tie in the construction of the curb, gutter, and sidewalk requirement not with the construction and/or use of the subject area exclusively for anon-residential aetiviry and not with the immediate residential activity. Pursuant to the Zoning Code requirements, please find enclosed: a. Twenty (20) copies of this letter request, with Appendices; b. A letter of authorization from the landowner and/or applicant(s); c. A list of surrounding property owners within 300 feet of the subject properiy;and d. The filing fee of $250. Should you have any questions on this matter, please feel free to contact me. Thank you very much. 'incerely SDNEY .PUKE Planning Consultant Enclosures Copy - Ms. Kathy Hirayama w/ enclosures 02/06/2003 16:46 80C -7996 S. FUKE, PLANF PAGE 02 TO WHOM IT MAY CONCERN: As landowner(s) of the parcel identified by T'MK: 2-2-35:31, Uwe hereby consent to the filing of an amendment to Ord. No. 91-38 as proposed by Hirayama Brothers Electrical, lnc. (signature) Mel-~~ian Hirayama (Signature) (Date) TO WHOM IT MAY CONCERN: I hereby authorize Sidney M. Fuke, Planning Consultant, to prepare and process our request to amend Ord. No. 9I-38 affecting 11vffC: 2-2-35:31. ~ ~7~~ 3 ~ HIRAYAMA BROTTTERS ELECTRICAL, INC. COUNTY OF HAWAIL STATE OF HAWAII BILL NO. 411 ORDINANCE NO. 91 38 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, HY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO LIMITED INDUSTRIAL (ML-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-35:31. BE IT ORDAINED HY 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-10): Beginning at the northeast corner of Parcel "A", the coordinates of said point referred to Government Survey Triangulation Station "HALM " being 743.00 feet south and 10579.00 feet east, thence running by azimuths measured clockwise from true south: 1. 360° 00' 80.00 feet along Kalanikoa Street; 2. 90° 00' 193.13 feet along Lot 16; 3. 180° 00' 80.00 feet along Parcel "B"; 4. 270° 00' 143.13 feet along Parcel "B", to the point of beginning and containing an area of 11,450 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. APPENDIX A SECTION 2. This change in district classification is conditioned upon the following: (A) the applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) final Plan Approval shall be secured from the Planning Department within one year from the effective date of the zone change. 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. Plans shall identify structures, landscaping, and parking stalls associated with the proposed use(s); (C) construction of improvements shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within one year thereafter; (D) access shall meet with the approval of the Department of Public Works. Roadway improvements to Kalanikoa Street, including curbs, gutters and sidewalks shall be constructed along the frontage of the property. Said improvements shall be constructed in accordance with the requirements of the Department of Public Works prior to receipt of a certificate of occupancy for any portion of the development; (E) a drainage system shall be installed in accordance with the requirements of the Department of Public Works; (F) in the design and review of any improvements, due consideration shall entail the minimization of adverse noise and visual impacts through appropriate siting, height, bulk, -2- color schemes, signage and landscaping; (G) the method of sewage disposal shall meet with the approval of the appropriate governmental agencies; (H} all other applicable laws, rules, regulations and requirements shall be complied with; (I) 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 elec*_ion; be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (J) 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, (K) 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 applicant, successors or assigns, and that are not the result. of their fault or negligence; 2) the 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; 4) the time extension granted shall be for a period not to -3- 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 shall initiate rezoning of the area to its original or more appropriate designation. SECTION 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. INTRODUCED BY: COUNCIL MEMB R, COU Y OF HAWAII Hilo, Hawaii Date of Introduction: April 17, 1991 Date of 1st Reading: April 17, 1991 Date of 2nd Readinq: May 1, 1991 Effective Date: May 7, 1991 APPROVED AS TO FORM AND LEGALITY: C% P~ CORPO 'ION COUNSEL DATED: p1,1R - 8 1991 -4- o TRUC- NORTry g OALe: o ~ML-w o o r.-IL-~o 0 M L_- :O 1" ='100' --KAM Avc- KANOC-LEN UA AVENUC VOLCANO+ ML-'1o R9- l0 R5+10 ML-2o _ - W ML-10 W WY R9- 10 I` ~I r i~ ~ i i i `rr`-- i ~ I Y/ ML-'ao 043.00 3' ~ N IRS~IO ' YYYY~~~I leg /•j_00 E 9G°•00~ 'ANA LAI'~ A BO.OO ' I I KALANI KOA STREET SINGLE FAMILY R@SID Lj'NTIAL ~ (R9-lo) Te LIM IT CC "p~ INDU 4TR1/'\L. (ML-l o) ~ I pm _ ' _ AREA n If, 45o Sm- 1R- ~ ' ' flo- Z ~ ~ i Z ! I HD_1~° I80.Oa' ~ I ~ Q ~ I BO.OOI R9-i0 J I co +~.s rt>-ro I ML-'zo ML-io ~ Rs-.e I ~ i ~ 1 i~ I I j cG 7.S i R9=1o I I I i I RBC10 - i i LAUKApU STREET co ~~.c a>,lo I,;, I I ~ R 9~ 10 o , ~ ~ ~ ~ i o ' i ~ I I ~ ~ j I~ ~ R9 to R9 1° AMENDMENT TO THE ZONING CODE AMC-ND1NG 5L=CT10N ~5-114 (CIT7' OF hilLC ZONE MAP) AI'~T1CLE 3, CHAi°T>=R ~S (ZONING COfl1=) OF THE TiAYVAiI COUNT7' CODE, t3y CI-fANGING Tl-iC DI°.STi?iCT CLASSIFICATION Ft'QOTVi SINC3LE FAMtL7' I'QE5IDENTIAL (RS-10) To l_1M1TED ll`1DLJST- RIAL (ML-10~ AT WAIAKEA, SOUTI-t ti1L0, NAYVAII- 1°REPARBO By = PLANNING [~EPA!?TM>cNT couNT7' of 1-tAwAll 7-1~-iK = ~.-~-35 _ 91 FeB_ 7, 1991 EXHIBIT °A° (oFavlo OKANP~ _ „r._____.___-Zql~ JNtY OF /,q~ O~.' ~4 ' Christopher J. Yuen Harry Kim ':k,4~:•-• Director Mayor a"~ ' Roy R. Takemoto ~rF OF NFL % Deputy Director C~nixrrf~r n~~- ttfir~ttt PLANNING DEPARTMENT 25 Aupuni Street, Boom 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 January 17, 2003 Mr. Sidney Fuke, Planning Consultant 100 Pauahi Street Suite 212 Hilo, HI 96720 Dear Mr. Fuke: Change of"Lone Ordinance No. 91-38 (REZ 686) Applicant: David Okano Request: RS-10 to MI. 10 Subject: Expansion of Existing Single Family Dwelling Tax Map Key: 2-2-035:031 & 99 This is in response to your letter dated December 18, 2002 regarding the expansion of the existing dwelling located on the subject property. As you explained in your letter, the applicants propose to expand the existing dwelling and use it as a watchman or custodian quarters for their business, Hirayama Brothers Electrical, Inc. on the adjacent property, TMK: 2-2-35:99. According to the County Zoning Code, Section 25-5-142{c)(1), living quarters for watchmen or custodians are permitted as incidental and subordinate to a permitted use on lands within the ML zoned district. Therefore, upon acknowledging receipt of a completed application for Consolidation of the subject properties, we will sign off on the building permit to expand the existing dwelling. The condition shall be that the applicant shall submit a request to amend Change of Zone Ordinance No. 91-38 within 6 months of securing the building permit or prior to receiving final inspection on the building permit, whichever comes first. APPENDIX B Mr. Sidney Fuke, Planning Consultant Page 2 January 17, 2003 Should you have any questions regarding this matter, please contact Susan Gagorik or Esther Imamura at 961-8288. Sincerely, CHRISTOPHER J EN Planning I3irector SG:pak P.~publicA W P W M60ASUSANVLettersV~ukeHiriyamaRez68oskgsloc SIdf10yFUk2, Punning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1 S22 • Fax: (808) 969-7996 • Subdivision • Land Use Permds DeCCmber 1 g, 202 • Environmental Reports Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 ATTN: Mr. Norman Hayashi Dear Mr. Yuen: Subject: Custodian Quarters -TMK: 2-2-35: 31 This is to follow up and confirm my discussion with Mr. Norman Hayashi of your staffthisdate regarding the subject matter. Ihere is an electrical shop owned and operated by Hirayarna Brothers Electrical, Inc. at 510 Kalanikoa Street (TMK: 2-2-35: 99). The owners and/or employees of this electrical business live in a dwelling adjacent to the shop and provide the needed security for this electrical business. Although the dwelling is located adjacent to the shop, it is not located on the same parcel. Both parcels are zoned Ml~ 10- According to Zoning Code, single-family dwellings are not permitted within the ML zone. The only exception would be if it served as a "living quarters for watchmen or custodians in connection with the operation of any permitted use." [(Section 25-5-142(c)(1)] In this situation, although occupants of the existing dwelling provide the custodial and/or security functions of the electrical business, to satisfy this provision of the Zoning Code the dwelling must be situated on the same pazcel as the electrical shop. Otherwise, it would be considered a "non- contorming" use and not eligible for any physical expansion. Please be informed that the electrical company wishes to expand the dwelling and to continue its use as a watchmen-or custodian-quarters-for--its-business. As such, it will be submitting a request to consolidate the affected parcels (TMK: 2-2-35: 31 & 99) prior to or in conjunction with its building permit application for the expansion of the dwelling. I trust that the above accurately captures my understanding of the requirements. If not, please feel free to contact me at your earliest opportunity. Thank you very much. ":~cerely, S D EY . FUKF, Planning Consultant Copy - Ms. Kathy Hirayama SIdIIG'y~UF<8, Pianrting Consultant 100 Pauahi Street, Suite 212 ~ Hilo. Hawaii 96720 • Punning • Variance • Zoning Telephone: (808) 969-1522 • Fax- (808) 969-7996 • Subdrvlson • Land Use Perm ils February 18, 2003 ' e°"`°°`"°°iai a°P°"s Mr. Christopher Yuen, Director ' ~ B 19 ABl 9 41 Planning Department PLC' "iC~Jlf ! D~~.~1PTh?IE~T COUNTY OF HAWAI'1 CUlif`I I i' OF N~'~"dAll 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Amendment - Hirayama Brothers Electrical, Inc. Waiakea Houselots. TMK: 2-2-35. 31 (Ord No 91-38) 'this is to follow up on my discussion with Ms. Susan Gagorik of your staff regarding the subject matter. Please be informed that relative to • the Coastal "Zone Management and/or Special Management Area policies and objectives, the site is almost 2 miles from the shoreline. As such, the proposed action should not have any adverse impacts nn the area's coastal, recreational, or marine resources or any impacts on beach protection. Further, as the site is already developed, the impact to the area's scenic or open space resources would not be compromised; and • the project's potential impact to potential valued cultural or historical resources as mandated by the Supreme Court's "PASH" and "Ka Pa'akai U Ka'Aina"decisions, there would be none. The site is fully developed and improved. Furthermore, there are no recorded or known "trails" through the site. Finally, over the past 10 years, the applicants have not observed any native Hawaii~ms frequenting the site to practice their religion or to gather plants or natural resources. As such, the project's impact on native Hawaiian cultural and historical rights should not be impacted. Should you have further questions on this application, please feel free to contact me. Thank you much. ~neerelyP SIDNEY M. FUKE Planning Consultant Copy - Ms. Kathy Hirayama via FAX JNt V.of rygw Harry W~ ~'i ~ ~ ~fl l 9 ~ ~ Barbara Bell Moytir"' Director l':IIIIT[~'~I D~ ~ci~ll2Iii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Anpuni street, Room 208 ~ Hilq Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date March 17, 2003 To CHRISTOPHER YUEN, Planning urec r From BARBARA BELL, Direct SUBJECT: Amendment to Change f Zone Ordinance No- 91-38 (REZ 68~ Applicant: IIirayama Brothers Electrical, Inc. Request: Amendment to Conditions B & D of Change of Zone Ordinance NO. 9-138 and other Conditions as Needed TMK: 2-2-035:31 We have reviewed the subject application and our comments are as follows: A Solid Waste Management Plan should be submitted to this department for review and approval. Enclosure cc: SWD WWD s EXHIBIT `~Idiley~U~;~', Planning Consultant 100 Pauahi Street, Suite 212 • Hilo. Hawaii 96720 • Planning • Variance • Zoning telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Lantl Use Perm~~; • Environmental Reports March z5, 2003 `''G3 rif?fl 25 P~1 2 29 F~L~~'~tii ~~I _r~R I MENT Mr. Christopher Yuen, llirector Planning Department COUNTY OF HAWAI' I 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Amendment to Rezoning Ordinance No. 91-38 Hirayama Brothers Electrical, Inc. Waiakea House Lots, South Hilo. HI, TMK: 2-2-35: 31 fhis is in response to the Department of Environmental Management's (DEM) comments regarding the subject matter. Please be informed that the applicant has no objection, as required of other projects of this nature, to prepare a Solid Waste Management Plan and submit it for the review and approval of the DEM. However, inasmuch as this amendment is intended to allow the construction of asingle-family dwelling and not a directly industrial project, we respectfully request that this requirement be deferred pending the submittal of plans for an independently industrial use for the subject property. We also note and appreciate the "no comments or objections" letters from the Police and Fire Departments. Should you have additional comments or questions regarding this matter, please feel free to contact me. Thank you very much. S_ incere~, \ SIDNEY M.\F^U `KE Planning Consultant Copy -DEM Ms. Kathy Hirayama w/ enclosures