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HomeMy WebLinkAboutCOM 0610.000 2002-2004 ~JM[V^os Mme'' _ ~ I Harry Kim 'y" b~a;,S ~ ~ ~ " Dixie Kaetsu Mnyor ~ Mnnnging Director ~ ~~i~ z r~~ e s Peter L. Hendricks r oi~M~~ ~ Depaty Mnnnging Director COUNTY OF HA~'~AI~ 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hxwai'i 96740 (808)329-5226 Fax (808)326-5663 April 20, 2004 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 04-001) Applicant: Janice Oshiro Request: Open to MCX-10 Tax Map Key: 2-2-35:73 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herew th for the County Council's consideration and action is the Planning Commission's letter and a closures regarding the above-referenced request. Sincerely, Harry Kim ~ Mayor Enclosures cc: Planning Department ,fit l/ ~ l^ (c Comm No: d Ref. T Ref. ate 4~J V~,. o! N~~9 - Harry Kim ~ Ule;~' mayo. Of•.• • a 1t~ O`.N'~j~ County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 April 20, 2004 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, HI 96720 Deaz Chairman Arakaki and Members: Change of Zone Application (REZ 04-001) Applicant: Janice Oshiro Request: Open to MCX-10 Tax Map Key: 2-2-35:73 The Planning Commission, after a duly held public hearing on April 2, 2004, voted t recommend for your approval the proposed legislative bill to change the district clas ification for approximately 12,787 square feet of land from an Open (O) to an Industrial-Comme ial Mixed (MCX-10) district. The property is bordered by Kanoelehua Avenue, Hualani Stree ,and Railroad Avenue, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recom nding favorable consideration of the change of zone: The applicant is requesting a change of zone from Open (O) to the In ustrial- Commercial Mixed (MCX-10) district to construct an approximately 1,700 s uare-foot two-story office building on the site. The structure is not anticipated to exce 30 feet in height. A minimum of nine (9) parking stalls, including ahandicapped-acces ible stall, will be provided on the site. Construction is proposed to commence by the e d of 2004. The estimated cost ofthe project is $300,000.00. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 In order to consider an azea for any type of zoning designation, the ap licable goals, policies and standards of the General Plan must be adequately address d. It is only through such a comprehensive policy analysis approach that evaluations and ecisions can be made to better time and stage developments to achieve growth detenn ned by the General Plan and related planning documents. The implications of these eva uations and decisions must also be considered as they may have an impact on similaz aze s in the County. The Change of Zone request from an Open (O) to an Industrial-Com ercial Mixed Use (MCX-10) zoned district will conform to the goals, policies and andazds of the General Plan Economic and Land Use Elements. The General Plan is int nded to be used as a policy guide for the coordinated growth and development of all sec ors of the County. It sets forth goals, policies, standards and courses of action to acco odate growth without congestion, to designate and preserve the lands needed for re idential use, commercial and visitor services, industry, agriculture and open space, and to oordinate these uses with the County's service and circulation systems. The overall go ls, policies and standards are set forth to physically plan the lands in the County in the b st interest of the island's residents. Land Use is one of the principal focal points of public oncern and policy. The Land Use Element provides the primary basis for direct control nd guidance of publicly and privately owned resources. The request conforms with the goals, policies and standards of the G eral Plan in that the proposed development will be developed in an area adequately serve by necessary services such as water, utilities, sewers and transportation systems. The proposed project also conforms to the Land Use -Industrial sub-element whi h states that "Industrial development shall be located in areas adequately served by transp nation, utilities and other amenities." The Land Use Pattern Allocation Guide (LUPAG) Map component o the General Plan is a representation of the document's goals and policies to guide the coo dinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the asic urban and non-urban form for areas within the County. The project area is designa ed Industrial on the LUPAG Map. This industrial designation includes uses such as manu acturing and processing, wholesaling, large storage and transportation facilities and light i dustrial uses. The MCX zoning would be consistent with the Industrial designation n 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The State Land Use designation for the subject property is Urban. Th Hilo Community Development Plan (CDP), adopted in 1975, suggests the retentio of residential uses in this area. However, this area is transitioning to commerci 1 and light industrial uses. The advantage of this area is its location inclose proximity t water, air transportation terminals, harbor facilities and the residential population of Hi o. The proposed change of zone would complement the existing industrial and com ercial land uses that already exist in this area and will provide for an orderly developme t of the area. The MCX zoning designation was created when the Zoning Code wa amended in 1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, t is district would allow a mix of light industrial and commercial uses. The intent is to p ovide for areas of diversified businesses and employment opportunities by permitting broad range of uses, without exposing non-industrial uses to unsafe and unhealthy enviro ments. The subject property is a relatively level approximately 12,787-squar foot vacant triangular parcel. The property is bounded on the west by Kanoelehua Aven e (Highway 11), east by Railroad Avenue and south by (East) Hualani Street. The applic nt states that although there are no structures on the site, it is reported that the site wa formerly cleared and used for storage during the construction of Kanoelehua Avenue. he site is overgown with scrubby vegetation and trees. Surrounding uses are a mix of residential, light industrial and commercial businesses. The land uses in the immediate ea are a mix of commercial and industrial uses. Hilo International Airport is zoned L-20 and located directly east of the property. Commercial and/or industrial uses near y include warehousing, aviation related uses, and office buildings. The property to the orth is zoned Open, and lands to the south are zoned ML-10 and Open. Lands to th west, across Kanoelehua Avenue, are zoned ML-] 0, MIr2Q RS-10 and MCX-20 ( AF, Ltd., RS-10 to MCX-20, Ordinance No. 03 84) for a proposed office building. All utilities and services are available to the site. Access to the proje t site is proposed from Hualani Street, which intersects with Kanoelehua Avenue. ( owever, the site plan shows access from Railroad Avenue). According to the Departmen of Public Works, Hualani Street is a County roadway with a 40-foot wide right-of--way with 20-foot wide asphalt-concrete pavement in poor condition. Upon site inspection oft e property, Hualani Street appeared to be in fairly good condition; Railroad Avenue is n arty non- existent and in poor condition. According to the tax maps, the portion of Hu lani Street east of Kanoelehua Avenue adjoining the subject property is a short stub that ends at the Railroad Avenue right-of--way. On the ground however, this portion of Hual ni Street actually continues northeast to the air cargo facility, NAS pool, and the old i ter-island Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 airport terminal, and eventually connects with Kamehameha Avenue. This r ad is called "Brig Road" on the tax maps. Kanoelehua Avenue is a State highway with si lanes with a divided median in the project azea. There is also a dedicated right-turn in d right-turn out lane into Hualani Street from Kanoelehua Avenue. Along this section of anoelehua Avenue, the right-of--way is 120 feet. The pavement width on one side of the median is over 30 feet wide with sidewalks along the west side of the highway. There a no sidewalks along Kanoelehua Avenue fronting the site. The applicant propos s one access in and out of the subject site from Hualani Street. However, if necessary, ac ss can be secured from the Railroad Avenue section of the site instead of Hualani Stre .This section of Hualani Street and Railroad Avenue is not heavily traveled. The epartment of Public Works recommends that access be limited to Railroad Avenue, as a cess to Hualani Street may not be viable. A condition will be included to limit acces only from the Railroad Avenue side of the property. Because the actual alignment of H alani Street, Railroad Avenue, and the existing road that goes onwazd to the air cargo faci ity is not cleaz on the ground, one condition of the rezoning will require the landowner to survey the existing road and convey it at no cost to the County if the road is on the 1 downer's property. Another condition will require the applicant to provide improveme is to the entire frontage of Hualani Street and to any portion of Railroad Avenue used or access to the project, consisting of a 21-foot wide asphalt/concrete pavement, along wi h any required utility relocation and drainage improvements. The applicant shall i lude a provision in the deed of the property requiring its obligation to construct cur ,gutter and sidewalk improvements fronting the property in conjunction with any similar improvements on the south side of Hualani Street or east side of Railroad Av nue fronting the subject site. According to the applicant, there is a 6-inch waterline fronting the sit along Hualani Street. There is also a 12-inch line in the airport service road with a rre hydrant adjacent to the eastern boundary of the subject site. It is anticipated that a 5/ -inch meter would be sufficient for the proposed office use. The applicant will install an dditional or larger meter if required. The applicant proposes to use a septic system, as ex ending the County's sewer line is cost prohibitive. The State Department of Health com ented that a septic system is allowed provided that the wastewater flow does not exceed 1,000 gallons per day. Solid waste will be handled by commercial haulers. If requi ed, a Solid Waste Management Plan will be prepazed. Electricity and telephone services are available to the site. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 The property has no severe geological or topographical problems whi h cannot be rectified or which would render the land unusable. The project site is locate within Zone "X", area determined to be outside the 500-year floodplain. All developmen generated storm run-off shall be disposed of on-site and not allowed onto adjacent pro rties or roadways. By letter dated January 26, 2004, the applicant has requested a "no a ect" letter from the DLNR-HPD. No professional surveys were conducted of the site. he applicant has stated that should any archaeological features or sites be discovered duri g the development of this project, work will immediately cease and the applicant ill notify the Planning Department. No professional flora or fauna surveys were conducted of the site. T e applicant does not believe that rare or endangered floral or faunal resources are on the ite. The property is located in an urban setting adjacent to the airport and aviation rel ted uses and was previously cleared and used for storage during the construction of Kano lehua Avenue. Introduced bird species include the dove, Japanese White-Eye, hou e finch and mynah. At times, domestic animals such as cats and dogs and other animals uch as rats and mongoose are present on the site. Vegetation on the site includes aband ned sugar cane stalks, gunpowder trees, and California grass. There are no cultivated p ants or trees on the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Sp cial Management Area. The project site is located less than one mile from the sh reline but will not be impacted by coastal hazard and beach erosion. There is no recor of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native awaiian rights being practiced on the site. Thus, it is not anticipated that the propose request will have any adverse impact on cultural or historical resources in the area. Ther fore, no action is necessary to protect these rights. [n view of the recent Hawaii State Supreme Court's "PASH" and " Pa'akai O Ka 'Aina "decisions, the issue relative to native Hawaiian gathering and fishi g rights must be addressed in terms of the cultural, historical, and natural resources a d the associated traditional and customary practices of the site: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of do umentazy records, botanical and/or fauna study was submitted. The valuable cultural historical and natural resources found in the re onin area: As the site was formerly used as a storage area during the construction of K oelehua Avenue, an azchaeological inventory survey of the site was not conducted. B letter dated January 26, 2004, the applicant has requested a "no effect" letter from the St to Historic Preservation Division. The applicant has stated that work will cease and the Planning Department will be notified if any unanticipated archaeological features or si es are discovered during the course of improving the site. Possible adverse effect or impairment of valued resources: Native pl' is could be destroyed by construction and ground alteration. The subject property does of abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: Conditions of appr val will be included to require the applicant to notify the Department of Land and Natur 1 Resources -Historic Preservation Division (DLNR-HPD) should any unidentified sites r remains be encountered, and proceed only upon an archaeological clearance from the LNR- HPD. The applicant has stated that there is no evidence of any traditional an customary Native Hawaiians rights being practiced on the site, nor existence of any kno n valued cultural, historical or native resources in the area. Thus, it is believed that th project would have no adverse impact relative to the cultural and historical resource of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action i necessary to protect these rights. Based on the above findings, approval of this change of zone request rom Open (O) to an Industrial-Commercial Mixed (MCX-10) zoned district would resu t 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 Z ne Map), Chapter 25 (Zoning Code) is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 We are enclosing copies of the staff Background, Planning Director's Recommendat on, and comments from the Department of Transportation dated March 29, 2004, for your in ormation. Sincerelyy Fred Galdones, Chairman Planning Commission LoshiroPC Enclosures cc: Mr. Sidney Fuke Ms. Janice Oshiro Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu B< sMiroREZ.dce-3/2/04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT J. OSHIRO CHANGE OF ZONE APPLICATION (REZ 04-001) J. OSHIRO has submitted an application for a Change of Zone by changin the district classification from Open (O) to the Industrial-Commercial Mixed (MCX-10) distri t for approximately 12,787 squaze feet of land. The property is bordered by Kanoelehua Avenue, (East) Hualani Street, and Railroad Avenue in Waiakea, South Hilo, Hawaii, TMK: 2-2-35: 73. REQUEST 1. Proposed Development: The applicant is requesting a change of zone fro Open (O) to the Industrial-Commercial Mixed (MCX-10) district to construct an approxi ately 1,700 square-foot two-story office building on the site. The structure is not antici ated to exceed 30 feet in height. A minimum of nine (9) pazking stalls, including a andicapped- accessible stall, will be provided on the site. Construction is proposed to co ence by the end of 2004. The estimated cost of the project is $300,000.00. The lan owner of the property is Janice Oshiro. (See Exhibit A -Change of Zone application) STATE AND COUNTY PLANS 2. State Land Use Designation: Urban. 3. General Plan LUPAG Map: Industrial. 4. County Zoning: Open. 5. Proposed MCX Zoning: The purpose of the MCX (industrial-commercial fixed use) district is to allow mixing of some industrial uses with commercial uses. Th intent of this district is to provide for azeas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. The height limit in the MCX distric is 45 feet. The minimum yards in the MCX district are front yazds 20 feet, side and re yazds, none, except where the adjoining building site is in a RS, RD, RM or RCX zoned istrict. -1- Where the side or rear property line adjoins the side or rear yard of a buildi g site in a RS, RD, RM or RCX zoned district, side or reaz yazd must conform to the side r reaz yard requirements for dwelling use of the adjoining district. (See Exhibit B, M X Section 25-5-130 of Zoning Code) 6. Hilo Community Development Plan: Open. 7. Coastal Zone Management, HRS, Chapter 205A: The entire State of H waif lies within the Coastal Zone Management area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine res urces, economic uses, coastal hazards, managing development, public participatio ,and beach protection. 8. Special Management Area: The SMA is a part of the Coastal Zone Mana ement Program regulated by the County. The project site is located less than one ile from the shoreline and is not in the SMA. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 9. Subject Property: The subject property is a relatively level approximately 12,787- square foot vacant triangular pazcel. The property is bounded on the west b Kanoelehua Avenue (Highway 11), east by Railroad Avenue and south by Hualani Stree . The site is overgrown with scrubby vegetafion and trees. The applicant states that alth ugh there aze no structures on the site, it is reported that the site was formerly cleared and used for storage during the construction of Kanoelehua Avenue. 10. Surrounding Zoning and Land Uses: The land uses in the immediate are are a mix of commercial and industrial uses. Hilo International Airport is zoned ML-20 d located directly east of the property. Commercial and/or industrial uses neazby incl de wazehousing, aviation related uses, and office buildings. The property to th north is zoned Open, and lands to the south aze zoned ML-10 and Open. Lands tot e west, across Kanoelehua Avenue, are zoned ML-10, ML-20, RS-10 and MCX-20 (SAF, Ltd., RS-10 to MCX-20, Ordinance No. 03 84) for a proposed office building. -2- 11. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slo es (rKFD). The Keaukaha Series consists of well drained, thin organic soils over paho hoe lava bedrock. 12. Land Study Bureau's Productivity Rating: Urban. 13. Noise Impacts: Existing ambient noise includes airport aviation use, traffl ,wind, foliage, and birds. Short-term noise impacts associated with the project are temporary, and all applicable State rules governing construction noise abatement will e observed. 14. Air Quality: The proposed project should not directly impact air quality i the area. Fugitive dust during construction can be mitigated by compliance with the ] epartment of Health's regulations. The only impact to air quality would be associated wi vehicular traffic to and from the site. However, the impact should not be significant. 15. FIRM: Zone "X", an azea outside of the 500-yeaz flood plain. 16. Coastal Hazards: The subject property is located over one mile from the s oreline, is not an oceanfront pazcel, and will not affect, or be affected by shoreline pro esses. 17. Recreational Resources: The proposed development will not reduce the size of the coastline or other azeas used for public recreational uses. 18. Visual Resources: The proposed project will not affect the line-of--sight to azd the ocean. 19. Flora/Fauna: No professional surveys were conducted of the site. The ap licant does not believe that raze or endangered floral or faunal resources are on the site. The property is located in an urban setting adjacent to the airport and aviation related use<. The site was previously cleazed and used for storage during the construction of Kan lehua Avenue. Introduced bird species include the dove, Japanese White-Eye, hoi se finch and mynah. At times, domestic animals such as cats and dogs and other animal such as rats and mongoose aze present on the site. Vegetation on the site includes aband ned sugar cane stalks, gunpowder trees, and California grass. There are no cultivated lants or trees on the site. 20. ArchaeologicalBistorical Resources: By letter dated January 26, 2004, the applicant has requested a "no effect" letter from the DLNR-HPD. No professionals eys were -3- conducted of the site. The applicant has stated that should any azchaeologi al features or sites be discovered during the development of this project, work will imme iately cease and the applicant will notify the Planning Department. 21. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existenc of any known valued cultural, historical or native resources in the azea. Therefore, no act on is necessary to protect these rights. 22. Traffic: According to the applicant, the limitation of right-in, right-out m vements at Kanoelehua Avenue minimizes conflicts. There will be only one access in d out of the subject site from Hualani Street. If necessary, access can be secured from t e Railroad Avenue section of the site instead of Hualani Street. This section of Hual i Street and Railroad Avenue is not heavily traveled. 23. Public Access: There is no record of a designated public access to the sho eline or mountain azeas that traverses the property. PUBLIC UTILITIES AND SERVICES 24. Access: Access to the project site is proposed from Hualani Street, which i tersects with Kanoelehua Avenue. (However, the site plan shows access from Railroad venue) According to the Department of Public Works, Hualani Street is a County r adway with a 40-foot wide right-of--way with 20-foot wide asphalt-concrete pavement in oor condition. Upon a site inspection of the property, Hualani Street appeazed t be in fairly good condition; Railroad Avenue is neazly non-existent and in poor conditi n. According to the tax maps, the portion of Hualani Street east of Kanoelehua Avenue a joining the subject property is a short stub that ends at the Railroad Avenue right-of-w y. On the ground however, this portion of Hualani Street actually continues northeast o the air cargo facility, NAS pool, and the old inter-island airport terminal, and even ly connects with Kamehameha Avenue. This road is called "Brig Road" on th tax maps. Kanoelehua Avenue is a State highway with six lanes with a divided medi in the project area. There is also a dedicated right-turn in and right-turn out lane i to Hualani Street from Kanoelehua Avenue. Along this section of Kanoelehua Avenu ,the right-of- -4- way is 120 feet. The pavement width on one side of the median is over 30 eet wide with sidewalks along the west side of the highway. There are no sidewalks alon Kanoelehua Avenue fronting the site. The Department of Public Works recommends t at access be limited to Railroad Avenue, as access to Hualani Street may not be viable. 25. Water: According to the applicant, there is a 6-inch waterline fronting the site along Hualani Street. There is also a 12-inch line in the airport service road with fire hydrant adjacent to the eastern boundary of the subject site. It is anticipated that a'/8-inch meter would be sufficient for the proposed office use. The applicant will install a additional or lazger meter if required. 26. Wastewater: The applicant proposes to use a septic system, as extending t e County's sewer line is cost prohibitive. 27. Solid Waste: Solid waste will be handled by commercial haulers. If requi~ d, a Solid Waste Management Plan will be prepazed. 28. Essential Utilities and Services: Electricity and telephone services aze avz ilable to the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 29. Department of Public Works: (See Exhibit C -February 24, 2004 Me o) 30. Department of Environmental Management: (See Exhibit D -January 30, 2004 Memo) 31. Fire Department: (See Exhibit E -February 10, 2004 Memo) 32. Department of Land and Natural Resources Land (Engineering) Divisi n: (See Exhibit F -February 23, 2004 Memo) 33. Department of Health: (See Exhibit G -February 20, 2004 Memo) AGENCIES - NO COMMENTS 34. Police Department, Civil Defense Agency AGENCIES - NO RESPONSE 35. Department of Water Supply, Department of Land and Natural Resou ces Historic Preservation Division, Department o4 Transportation -5- APPLICANT'S RESPONSE TO AGENCIES 36. (See Exhibit H -February 23, 2004 and February 26, 2004 Letters) PUBLIC COMMENTS 37. The Planning Department has not received any written comments or o jections from the general public or adjacent landowners on the subject request -6- ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If~es, please answer the rest of question I and then to question 3. a• How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? o b. Sell or lease the land to someone who has tentative plans? o c. Sell or lease the land to someone who has no plans? N d Keep it? Yes e. other (please state) CHANGE OF ZONE APPLICATIO COUNTY OF HAWAII r-~-~ ,,..~1 _ _ PLANNING DEPARTMENT'' ~~~4 e~ 7 (Type or legibly print the requested infomxation) - NT APPLICANT: Ms. 7.Oshiro ~ APPLICANT'S SIGNATURE: D TE: 1/2o/oa ADDRESS: c/o Floral Mart 738 Kinoole Street Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)935-6344 (Res )935-6344 (F~) LANDOWNER(S): Janice Oshiro LANDOWNER SIGNATURE(S): D TE: I/20/oa (May e LANDOWNER(S) ADDRESS: Same as applicant REQUEST: Open Tn MCX-10 (Existing caning) (Proposed Zor ing) TAX MAP KEY: 2-2-35: 73 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 12,787square Feet AGENT: Sidney M. Fuke Planning Consultant ADDRESS: 100 Paua6i Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.)969-1522 (Res.) (F~)969-799 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: J. Oshiro E HIBIT (See Instructions on Reverse Side) f. If you intend to do either a, b, or c, please elabo ate on the kind of plans the other party has. Please, lso, include in your answer approximately how soon after approval of your rezoning do you expect to transfer tha subject land to another party. 3. Ahat sgecific building glans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc:); financing arrange ent; timetable for construotign; and any other information which you feel might help us in evaluating your request. I intend to wnstruct an office building. 9, Have you performed any study which would demonstrate a nee. for your proposed building and/or development? No if so, please elaborate on your findings in the space provi ed below. -2- For those checked "yes," please elaborate what type or ki ds of improvements and/or assistance are needed, 11, Have you performed any historic sites study and/or survey £ the subject area? I£ so, what were the results? Please, also, submit a Copy of the study together With this change of zo e supplement. No, inasmuch as the site has been cl8ated in the~fast, Signature Address: 738 Kinoale Street HIla, HI 9672 Telephone: 935-6344 Date: Saunary 20,2004 _5_ C ^JOOT JC nn 1 2 3 4 5 6 7 6 9 ]0 11 12 yfY ILeu HUe POinl Aln'p, ul ' A KAlwtKl WAINAKU "e nl9a" - ~ PaCl 1C OCC[l 1i 6 ~~~.8 ~ j P \ ~ K68kee ~NOF INiEFE$T 1 ple'sle'e POM( Polrlf l~'~' Q IN GWN.\XEA?~ ~I I'{ i / f) - R._ ~ Q1s4.aelMe } 4*x M4 / n ~ 1 1F4aa alM P\* ~J e mGA - a ~ \ ff R I/ H I vv ° 8 ~c~me. c / VI.1 H,l. \/N I fllln ~l-~ g C ` $ uN' B l4\ WWW ) NrwM. ~ ~ I9 =''t c~E or £V n BJ DOIPMIN KeMN ew ca.a. a+N ny e..M Parc BI ~ _ ~V~Xn .e~ala re~emprP i BAY 4- { i.~xM ~%J~M.~ ~ "f ~UULU PUUEOpu Bye S .SZL i58n Pnr1~ .ov E Y e fM'I e N r _1E __'='~'s±. ~ .wyY ~ Mwa Y ~ ~ y.. .~~a fl a r` KEAUKAHA-.. ~ ~ \ . i_ n ~ 3 - .v Polnrfl' uawl: i a d ,p&a pro' M' zlPCOOE B , PBA aH.m,. ~ - 19 a zIP >w NP96720 r :r ~ i 19 J~m `'.a ~'va° 'am a~,..M. ~ 96 2._. ~ . ter` J' r e ~ . ~ ~ a ~ 3 N A ~ ~ ~E~M ~ 0 i TM E rlN , m'm~px~~' .~`po+~p ~Ib ~ r ~ 'L~L.ay}.y'~y` & Hflo Inlernatlo al Airport I E-. d~ a ,P yW ~ " dIA~rgf' I I ';(GeneN LYm n Fieldl~ ~a " y rt.. ~ a' a ~ ~ Gj 4 H,H, P e-i eo'"IIM Itl " v .vyPa n P" ~ ®v wu..,Aw A.~ Ax..." 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N~~~ w w I` m,wn, S „ y y Hawaii Map 2 11` HILO CAP B a a~ ~ \a ~ i ~N~I^ I'"1~ € y • y I" svmcom Ex?la ~auon 7.7 J Slx m I Mw _ 11 Hawa i ,L N / „"~~a~w ['P CORE Ilo ~ v Slale ROUI LI x ~F 9CT720 ~ ~ ' y = oro eea Hwr Gr® ~ vnroe ~a y ~ Yo' . ~ E y~ p x InlBrclry Hwy Y '+ye . - - ~ ~ _ i 4 f d Golr Course O ~ g c ~ Malor 9tr I _ Park ~ \ WalBkea F 1 Reae e " x*max -Local Road Ulan WAIAKEA ~ ~ i Oeveb?menf p HOMEAEAGS ~ 'S4 ~i° I1 a as (MILE f $ 1 4 0_ 0.5 1KM IJ ~ ~ ~ I : , xae ~'~~I.~ Pane'eWe 'y1 y~ ~ SCALES J~ YAP" fl alasl ~IV~ ~~.~Y\\ uM.~~` P I 2 3 9 5 ~6 7 a~8 9 1L all 12 Figure I CG-7-5 ~ m ML-20 ML-20 Q - ML-20 N s° I tQ OPEN Piilani St.. - Piilani Sf. _ s R N _ Y ML-20 ° C -7.5 CG-7.5 Y I g ML-20 f / " ~ ~ ML-20 - I / C~ CG-7.5 OPEN - _ CG-7.5 ML-20 ~ ML-20 673.00 S i ~ ~RS-10 RS-10 85 10 RS-10 110fi2.50 /j , ! - 'c ~ .c i' j~ ~J " ML-ISO ML-10 c ~ Y ~ ~ ~l Zte " ML-20 ` RS-10 ML-10 Hualani St. Hualani St. RS-10 RS-10 ML-10 RS- I O RS- I O Rs- I o oPEN -to _ Rs-IO ~ I ~ ~ ML-10 ° QREN m ML-Ir0c o a' -Y N - ~ML-20 ML-g0 ' RS 10 ~ RS 10 m RS-10 - RS-10 s I Y 340 ~ 170 ~ 0 34a~ - 680 1,020" - _ feet Eazsting Zoning ML -Limited Industries MCX - Industria7lCommerical - Mzxed CG -Commercial General O en -Open RS -Single Family Resi tial Fi~tare 3 O ~ D -4 fV - 1 ~ ~ Ri a O C O N ~ R ~ IT ~ U7 N " S ~ r ~ ~ D ~ J N 9~ D N ~ ~ Z N~~ y _1 ~ N m ~ rt S O p~ Y 0 ~ rn m ~ ~ ~ m ~ Y r D Q o 70 ~ 3 f1l D ~ ~ O -P m m m p p p n ' i~ i~ i~ , ~ i N ~ O ~ Cf1 i ~ rn i. i ~ r , ~ i ~~i> N ~ ~ n N _ r ~ 1 1 ~ .D a ~ ~ ~ 0 r i y . Z i ~ r ' PROPOSED AD~U110NAL - ' O ~ + ~ Pin&1M4NG~ Tai ' ~ i ~ ~ ` ~ v m, o- ' +i S o I - O. C m w m ~ s k~ D a ~ ' 1 Q _ ~ ~ ~ ~ ~L . Zn m ~ C CS I~ r < > Z 111 ` ~ 4 , , ~ d _ L..._~.1.,.• ~ N z ~~i ~r.. However, other construction-related permits would still b required. These would be of the "ministerial" variety, such as Plan , pproval, building permit, driveway permit, and health clearances. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The 12,787 square foot site is triangular in shape. Its fror tages along Kanoelehua Avenue and Railroad Avenue are 272 nd 288 feet, respectively. Its Hualani Street frontage is 93 feet. The site is vacant of any structure. It is presently overgro n with scrubby vegetation and some trees. (See section on Flor• I Resources). B. Climate. Soil and Topography According to the State Commission on Water Resource Management, the nearest rain gauge in this area is the Hi o Airport. The rainfall data of this gauge notes that over the past 37 ears, the annu8l median rainfall for this area was 131.1 inches. Th wetter months tend to occur between October through April. Th average daily temperature ranges from a minimum of 61 degrees t a maximum of 79 degrees Fahrenheit. Wind patterns are g nerally tradewinds (easterly) during the day, and westerly or mou tarn winds during the evenings. There are no perceptible topographic or geologic constrai is between the subject site and Kanoelehua Avenue. It sits t approximately the 75-foot elevation level. Being within a heavily urbanized area, the Land Study Bur au Overall Master Productivity Rating does not have ariy clas ification for this site. Likewise, the site is not classified under the Agriculture Lands of Importance to the State of Hawaii (ALISN) classification system. Thus, the State's classification syst m does not recognize this site as being agriculturally important. The U. S. Soil Conservation Service, however, has design. ted the soil type in this are to be of the Keaukaha extremely rocky muck (rKFD) series, 6 to 20 percent slopes. This soil type consi, is of well-drained, think (less than 1 foot) organic soils overlying pahoehoe lava bedrock. Runoff is medium, erosion hazar slight, and shrink-swell potential high. These soils are usually m ist, but 4 D. Fauna Resources Although there was no professional survey conducted of he faunal resources of the site, the applicant does not believe that i are or endangered faunal resources are likely to be found within or proximate to the subject site. The site is not only within an urban environment, but it is adjacent to the airport and aviation- elated uses. Introduced bird species (such as dove, Japanese White-eye, house finch, myna) are common in this area. Domestic animal.. such as cats and dogs, and other animals like rats and mongoose are also common. These are all common and not endangered. As such, it is unlikely that the development of the subject roperty would cause any adverse faunal impacts. E. Flora Resources No commissioned flora survey was conducted of the site c ue in large measure to its past and current residential use. Although there are no structures on the site, it is reported hat the site was formerly cleared and used for storage during the construction of the Kanoelehua Highway. A visual inspection of the site confirmed the presence of a few mango and monkey pod trees. Other vegetation include abandoned sugar cane stalks, gunpowder trees, and the "California" grass. There are no cultivated plants or trees n the site. Given its purported past use, it is unlikely that the sit would be an habitat for any listed threatened or endangered pla t life. F. Historic/Cultural/Archaeological Resources For the same reason noted above, no commissioned archaeological inventory survey and cultural assessment tudy was conducted of the subject site. The purported past use as ~ road storage area, resulting in its extensive clearing, reduces th prospect of finding any archaeological remains. Nonetheless, during the course of developing this project, hould any anticipated archaeological features or sites be uncovered, work in the affected area will immediately cease and the applicant will notify the Planning Department. 6 Kanoelehua Highway. This is relatively high, averaging a out 50 Ldn or even higher during heavy traffic andlor airport use. As noted earlier, traffic along Kanoelehua Avenue and fre uent aircraft traffic, however, heavily influence manmade nois in this area. Kanoelehua Avenue is a major cross-town 6-lane, ivided highway. As such, although this project will introduce ad itional vehicular traffic to this area, it is not anticipated to contrib to significantly to the long-term ambient noise level. Thus, any traffic increase should result in a noise increas of equal to or less than 55 Ldn, which is within acceptable levels wthin an urban environment. The periodic aircraft overflights gene ate a higher level at approximately 60 Ldn. The short-term noise impacts will be associated with the construction of the project. These will be temporary. Furt er, all applicable State rules governing construction noise abate ent will be observed. The applicant also intends to not allow nois - generating construction activity to occur on Sundays and arty morning and late evening hours. The proposed development should not generate any direc air uali impacts. During the short-term, there may be som fugitive ' dust associated with the construction of the project. Howe er, compliance with the State Department of Health's regulati ns governing dust control should help mitigate this potential i pact. From along-term perspective, the project itself is not expe ted to have uses that generate adverse air pollutants. The only discernible air quality impact would be associated with veh cular traffic to and from the site. While the added traffic will hav an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standard for automobile air emissions and the prevailing tradewinds. All of the required parking area within the project site will b paved with an all-weather, dust free surface. Landscaping will al o be required as part of the Plan Approval requirement. As suc ,with the exception of minimal construction dust in the beginning long term dust generated by the project should be insignificant. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there a e sites or areas listed as scenic resources. The subject site is not listed as 8 A mixed industrial/commercial rezoning would also increa. a the tax revenues to the County. It is unlikely that this request woi Id have adverse real property tax consequences for adjacent properties, as most of them are predominantly commercialrndustrial in use. C. Agriculturallmpacts The site is and has not been used for intensive agriculture activities. The site has been vacant for over 50 years. Th surrounding area is also heavily urbanized. Even the Stat ALISH's mapping system does not classify this site. Accordingly, t e potential commercial agricultural value of the site - aside f om limited domestic purposes - is minute, if at all. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from the East Hualani Stre t, a road which intersects with Kanoelehua Avenue. Kanoelehua Avenue is a State highway serves as a major ross- town highway. In this area, the highway has six lanes with a divided median. There is also a dedicated right-turn in an right- turn out lane-into East Hualani Street from Kanoelehua Av nue. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet. The pavement width on one side of the median (3 la es) is over 30 feet wide with sidewalks along the west side. The a is no sidewalk along Kanoelehua Avenue fronting the site. No o -street parking is allowed. Because of the divided highway, left-turn movement into E. st Hualani Street is not possible. Only right-in and right-out movements are permitted. Hualani Street is a County-owned road that has a 20+foot ide pavement within a 40-foot wide right-of-way. Although ther is no curb, gutter, and sidewalk section in this area, there are 4-f of wide shoulders. While there will be some measure of traffic impacts, there re certain conditions that should help mitigate the impacts. F r one, the limitation of right-in, right-out movements at Kanoelehu: Avenue minimizes conflicts. Then, too, there will be only or e access in and out of the subject site from East Hualani Stre t. If io As this project is a commercial one, it should have little or no direct impacts to schools, parks, and other related facilities. Nonetheless, there are parks and schools within a 2-mile radius of the subject site. The Hilo Hospital is located, approximately 3 miles from tt a site. This hospital is one of five licensed hospitals on the islanc. F. Other Utilities All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationshi Between Local Short-Term Uses of Envir nment and Maintenance and Enhancement of Lon -Term Pro uctivi The short-term use of the site would probably be continue vacant, open space. However, the area is overgrown with weed nd visually unsightly. It could also become a fire hazard duri g periods of drought. Furthermore, this project should not result in any significa tly adverse short or long-term impacts that cannot be properly mitigated. There will be direct and indirect economic bene its - albeit small -resulting from the construction and implemen ation of this project. Relatedly, the project will generate increased ax revenues that can supplement the State and County's fisc I resources. Because of its location, this project will provide a service t at can be made reasonably accessible to the region and immedia e neighborhoods. The required infrastructure - if needed - w'll be implemented by the applicant to mitigate potential impacts f this project. Finally, the design and scale of the project will be consiste t with the surrounding area. B. Irreversible and Irretrievable Commitment of Resource The subject site is already disturbed. As such, the commit ent of natural or other resources (such as archaeological) would of appear to be an issue. The likelihood of finding archaeological features on the site is remote, due to the past development of the 12 3. Alternative Industrial Zoning A Light or Heavy Industrial zoning may also be ap ropriate and would still be consistent with the General Plan LUPAG map. However, such uses may be less compatible with the desired level of visual corridor along Kanoelehua Highway. 4. Evaluation of Alternatives Leaving the property in its current undeveloped sta a would not maximize the use of the land. There would als be diminished tax revenues and less services to the p blic. While alternative industrial zonings are possible, th site's proximity to a major highway requires visual and la d use sensitivity that can more likely be achieved with a CX over a ML or MG zone. In that regard, the project in totality would be consis ent with the land use objectives sought to be accomplished y the County General Plan LUPAG map. In view of the aforementioned, it would appear that one of the alternatives would be more prudent and beneficial than the requested MCX-20 zoning alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensi e development of the island of Hawaii. It provides direction fc r balanced growth in the County. The LUPAG map designates the site Industrial, a designati n that allows the requested MCX-10 zoning. Accordingly, this req est would not be inconsistent with the LUPAG map. General Plan Policies The requested zoning would be consistent with the goals, p licies, and standards of the Economic and Land Use Elements of he General Plan. Specifically, the more pertinent ones follow: 74 Further, the area is located proximate to industrial • nd business areas, making the site accessible to thes uses. At the same time, because of the type of use (offic )and its small-scaled nature, the requested project should be consistent with the land use pattern in this area, while making it convenient for the region and surrounding neighborhoods. 2. Land Use Element (Commercial) Goals • Provide for commercial developments that maxi ize convenience to its users. • Provide commercial developments that complerr ent the overall pattern of transportation and land usage ithin the island's regions, communities, and neighborhoo s. Policies • Commercial facilities shall be developed in area adequately served by necessary services, such s water, utilities, sewers, and transportation systems. Sh uld such services not be available, the development of more intensive uses should be in concert with a localiz d program of public and private capital improveme is to meet the expected increased needs. • Distribution of commercial areas shall be such a, to best meet the demands of neighborhood, community nd regional needs. • The development of commercial facilities should e designed to fit into the locale with minimum intru ion while providing the desired services. Appropriat infrastructure and design controls shall be incorp rated into the review of such developments. Standards • Commercial developments shall be located in ar as adequately served by transportation, utilities, and amenities. Commercial developments shall provi a for 16 Because of the proposed scale and type of use, the request would be generally compatible with the emerging industrial and commercial corridor along Kanoelehua Highw y. To mitigate potential visual and noise impact, however additional landscaping can be provided adjacent to the Highway. Firially, the standards for an office building will be f Ifilled. These include the acreage, setbacks, uses, parking, etc. C. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted in 1975 by the Planning Commission to serve as a guide to the General Ian. Although the site is designated Open, many changes have occurred over the past 25 years, making many of the plan ing assumptions obsolete. D. Zonin If the request is approved, the site will be cleared and aresidential- scaled building to accommodate office uses would be cons rutted. All of the requirements relative to height, setback, landsca ing, and parking, and the like would be complied with. No variance from the Code are anticipated. is Division 13. MCX. Industrial-Commercial Mixed Districts Section 25-5-130. Purpose and applicability. The purpose of the MCX (industrial- commercial mixed use) district is to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industri fuses to unsafe and unhealthy environments. This district is intended to promote and maintain a fable mix of light industrial and commercial uses. Section 25-5-131. Designation of MCX districts. Each MCX (industria -commercial mixed use) district shall be designated by the symbol "MCX" followed by a num er which indicates the minimum land area, in number of thousands of square feet, required or each building site. Section 25-5-132. Permitted uses. (a) The following uses shall be permitted in the MCX district: (1) Agricultural products processing, minor. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Automobile sales and rentals. (5) Automobile service stations. (6) Bazs and nightclubs. (7) Broadcasting stations. (8) Business services. (9) Car washing. (10) Catering establishments. (11) Cemeteries and mausoleums, as permitted under chapter 6, azti le 1 of this code. (12) Churches, temples and synagogues. (13) Cleaning plants using only non-flammable hydrocazbons in a s aled unit as the cleaning agent. (14) Commercial parking lots and gazages. (15) Community buildings, as permitted under section 25-4-11. (16) Convenience stores. (17) Data processing facilities. (18) Day-care centers. (19) Financial institutions. (20) Food manufacturing and processing. (21) Home improvement centers. (22) Kennels in sound attenuated buildings. (23) Laboratories, medical and reseazch. (24) Manufacturing, processing and packaging establishments, light. (25) Medical clinics. (26) Meeting facilities. (27) Motion picture and television production studios. (28) Offices. (29) Photographic processing. (30) Photography studios. (31) Plant nurseries. (32) Public uses and structures, as permitted under section 25-4-11 • EXHIBIT 79 (33) Publishing plants for newspapers, books and magazines, pri ling shops, cartographing, and duplicating processes such as blueprinting or photostating sh ps. (34) Repair establishments, minor. (35) Restaurants. (36) Retail establishments. (37) Sales and service of machinery used in agricultural productio . (38) Schools, business. (39) Schools, photography, art, music and dance. (40) Schools, vocational. (41)Self-storage facilities. (42) Telecommunications antennas, as permitted under section 25.4-12. (43) Temporary real estate offices, as permitted under section 25- -8. (44) Theaters. (45) Utility substations, as permitted under section 25-4-1 1. (46) Veterinary establishments in sound-attenuated buildings. (47) Wazehousing. (48) Wholesaling and distribution operations. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the MCX district, provided that a use permit is issued for eacl use: (1) Crematoriums. (2) Major outdoor aznusement and recreation facilities. (3) Yacht hazbors and boating facilities. (c) Buildings and uses normally considered directly accessory to the uses ermitted in this section shall also be permitted in the MCX district. Section 25-5-133. Height limit. The height limit in the MCX district shal l be forty-five feet. Section 25-5-134. Minimum building site area. The minimum building ite azea in the MCX district shall be twenty thousand squaze feet. Section 25-5-135. Minimum building site average width. Each building site in the MCX district shall have a minimum building site average width of ninety feet. Section 25-5-136. Minimum yards. The minimum yazds in the MCX dis 'ct shall be as follows: (1) Front yazds, twenty feet; and (2) Side and reaz yazds, none, except where the adjoining building : ite is in a RS, RD, RM or RCX district. Where the side or reaz property line adjoins the side or r ar yazd of a building site in an RS, RD, RM or RCX zoned district, there shall be a side or rear azd which conforms to the side or reaz yazd requirements for dwelling use of the adjoining dis rict. Section 25-5-137. Landscaping of yards. (a) All front yazds in the MCX district shall be landscaped, except for nece. sary access drives and walkways. (b) Any required side or reaz yazd in the MCX district adjoining a building site in an RS, RD, RM or RCX district, shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessar} drives and walkways. 80 Section 25-~-138. Other regulations. , (a) Plan approval shall be required for all new structures and additions to existing structures in the MCX district. (b) Exceptions to the regulations for the MCX district regazding heights, building site areas, building site average widths and yards, may be approved by the director ithin a planned unit development. DEr'ARTMENT OF PUBLIC WORKb COUNTY OF HAWAII HILO, HAWAII DATE: Fe ruary 24, 2004 LIlri TO: Christopher J. Yuen, Planning Director FROM: ~w Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-001) Applicant: Janice Oshiro Request: Open to MCX-10 TMK: 2-2-35: 073 We have reviewed the subject application forwarded by your memo dated Janua 29, 2004 and offer the following comments for your consideration. 1. All development generated runoff shall be disposed of on site and shall not be irected toward any adjacent properties. A drainage study should be prepared and the ecommended drainage system shall be constructed meeting the approval of the Depart ent of Public Works. 2. The subject property is located within Zone X according to the Flood Insura ce Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). 3. All earthwork activity, including grading and grubbing, shall conform to Chapt r 10, Erosion and Sedimentation Control, of the Hawaii County Code. 4. Provide a minimum 20-foot property line curve radius at the intersection f Kanoelehua Avenue and Hualani Street and a minimum 25-foot property line curve radius at the intersection of Hualani Street and Railroad Avenue. The curve radii shall i corporate the future road widening setback as set by the Planning Department. 5. Hualani Street is a 40-ft wide right-of-way with 20-ft wide A.C. pavement in p or condition. The applicant shall provide improvements to the entire frontage of Hualani Str et consisting of, but not limited to, 21-ft wide A.C. pavement with concrete curb, gutter, and sidewalk along with any required utility relocation and drainage improvements. 6. Streetlights and traffic control devices shall be installed as required by the Tr ffic Division, Department of Public Works. 7. Access should be limited to Railroad Avenue, as access to Hualani Street may not be viable. Questions may be referred to Kelly Gomes at ext. 8327. KG EXHIBIT JNSY OF Nq~ 40'• ~ 9 ~ ~I~J.U. Aarry Kim ~ • Bar ara Bell Mayor _.~,•F_, ; . L irectar dl u` a 1rF Uf%H'O~ ~ n r.K Q (~Q J ~LII1XII~~I II~ ~Mf11Mtt DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 208 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Faz (808) 961-8086 MEMORANDUM Date January 30, 2004 To CHRISTOPHER YLTEN, Planning Director From BARBARA BELL, Director`]/~~ SUBJECT: Change of Zone Application (REZ 04-001) Applicant: Janice Oshiro Request: Open to MCX-10 TMK: 2-2-35:73 We have reviewed the subject application and offer the following recommendatio s: DEPARTMENT COMMENTS: WASTEWATER DIVISION: ( ) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ~f,~,~,~~f,/,,~,, ( )Require extens~iopn~of~the sewer system to service the propose{d sls~v~isteH-irr aeeerelarzsg- WYt~I-c~6'Gt19~n-2B°~.i-ClY'th/E'ixmmzi~ti'13ty'EiOdPr L?.J L/~r ~f-t,. ~?M/ i ~i< ~ 7i C~.aC'.9rsi.-n ~~~~~01•% ( )Other: /GUyi T ~g/~ ~frurC= L ?r•,~ ~ tttfa,.r/S ,G..i J f .,'f SOLID WASTE DIVISION: ( ) No comments Commercial operations may not use transfer stations for disposal. ( y'~) Aggregates and any other construction/demolition waste should be reused to i s fullest extent. ' Ample room should be provided for recycling. ( Greenwaste maybe disposed of only at the drop sites located at the Kailua an. Hilo Cransfer stations. ( )Other: c~: swD, wwD EXHIBIT 4849 D ~•fV O! ygw9' Harry Kim ` Darryl J. Oliveira Mavor Fire C/~ief :;q ~ , Desmond K. Wary oi'e! Deputy Fire CAief ~uuntp of ~a~ai`i ' FIRE DEPARTMENT - 25 Aupuni Stree[ • Suite 103 • Hila, Hawaii 96720 (808) 961-8297 • Fax (SOS) 961-8296 February 10, 2004 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DESMOND K. WERY, DEPUTY FIRE CHIEF SUBJECT : CHANGE OF ZONE APPLICATION (REZ 04-001) APPLICANT: JANICE OSHIRO REQUEST: OPEN TO MCX-10 TAX MAP KEY: 2-2-35:73 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 li sated more than 150 feet from fire department vehicle access as measured by an unobstructe< route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an pproved automatic fire sprinkler system, the provisions of this section may be n odified. "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). "3. When there are not more than two Group R, Division 3 or Group N 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. = v,\I COVy< EXHIBIT r ~~Re o~ Christopher J. Yuen, Planning Director Page 2 February 10, 2004 "More than one fire apparatus road may be required when it is determined b the chief that access by a single road may be impaired by vehicle congestion, condition of errain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall m et the requirements of the appropriate countyjurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobst ucted vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, pr vided such reduction does not impair access by fire apparatus and approved sig s are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by t is section may be increased when, in the opinion of the chief, vertical clearances or widths a e 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 rovide all- weatherdriving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road sha I be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 15 feet in length shall be provided with approved provisions for the turning around of fire appar tus. "(i) Bridges. When a bridge is required to be used as access under this sect on, it shall be constructed and maintained in accordance with the applicable sections of the uilding Code and using designed live loading sufficient to carry the imposed loads of fire ap aratus. "Q) Grade. The gradient for a fire apparatus access road shall not exceed th 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 wi the 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 road and prohibit the obstruction thereof or both." Christopher J. Yuen, Planning Director Page 3 February 10, 2004 Water supply shall be in accordance with UFC Section 10.301: "(c) Water Supply. An approved water supply capable of supplying require fire flow for fire protection shall be provided to all premises upon which buildings or portions f buildings are hereafter constructed, in accordance with the respective county water requir ments. There shall be provided, when required by the chief, on-site fire hydrants and main capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, wat r 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 c gable of delivering the required fire flow shall be protected as set forth by the respecti~ a county water requirements. All hydrants shall be accessible to the fire department apparat s by roadways meeting the requirements of Section 10.207." DESMOND K. WERY Deputy Fire Chief JP:Ik <E DF Mq PETER T.YOUNG ?T 1 5D i CHAIRPERSON LIN DA LINGLE m i f ARD OF UNO AND NATURAL gESOIgCES GOVERNOR OF HAWAII MISSION ON WATER RESOURCE MANAGEMEM 5i DAN DAVIDSON +9 DEPUTY pIRECTOR-LAND 4P ERNEST Y.W. LAU c`o land 2Dtl ry~`~ ~~y,p~p~0 1 DEPUTY DIRECTIXt-WATER Bm ~ " ' - ' ~ ~ ~ EDA]I~lG MIO OCEAN RECRGTION a STATE OF HA4VAll ~ , EDREAU OF CONNEYANCEs - ~ DEPARTMENT OF LAND AND NATURAL RII~~SOURCES COMi ISSIONON WATER RESOURCEMAXAGEMENT F CONSERV(ITKNI AND COASTALlANOS LAND DIVISION CON RVATION AND RESOURCES ENFOItCEMEM ~ I - ENGINEERING FORESTRY AND WROLIFE Shfe a(NaA~ POST OFFICE BOX EZ1 NISTORK: PRESERVATION HONOLULU, HAWAII 9BBO9 s+~ W OOL.AWEISU UNDE~~MMSSION STATE PARKS February 23, 2004 LD-NAV REZ09-OOI.RCM Honorable Christopher J: Yuen Planning Director County of Hawaii Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-9252 Dear Mr. Yuen: Subject: Change of Zone Application (January 2004) I.D. No.: REZ 04-001 - Waiakea Houselots, Waiakea Applicant: Janice Oshiro Authority: County of Hawaii Planning Department TMK: (3) 2-2-035: 073 Thank you for the opportunity to review and comment on the stbject matter. A copy of the document pertaining to the subject matter was istributed or made available to the following Department of Land and Natural esources' Divisions for their review and comment: - Division of Forestry and Wildlife - Division of State Parks - Engineering Division - Land-Hawaii District Land office Enclosed please find a copy of the Engineering Division comment. Bases on the attached responses, the Department of Land and Natural Resources has no other comment to offer on the subject matter. Should you have any questions, please feel free to contact Ni holas A. Vaccaro of the Land Division Support Services Branch at 1-808-587-0 84. Very truly yours, DIERDRE S. MAMIYA Administrator EXHIBIT F .e to oR • LINDA LINGLE ~ ~ ~ ~ • VETER L YOUNG GOVERIgR Of INWil ~ CIMNPEILSDN PE~'= f'r'ED ~ ~ ! .~3,~ L, ~~I~~lDI~ ~ DAN DAVIDgpp~ _ _ _ uE/vnDw[Gioq -LA~o ~~a \and +M N~4~i ' ~e'~g1re ERNEST Y.W, lAU CEN~1' WECfOR-wgrA r ~ppR FE' . 0 A 10~ 51 x & STATE OF HAWAII "`a~A,,,a, - DEPARTMENT OF LAND AND NATURAL RESOURCES ` "~w:ree ~aougA"~~+eeNi S..... _ LAND DIVISION I Rvno A ~ ~ 'uELS~r.E. oteww~^'' ~ POST OFFICE BOX 621 raasRrANOwwLSE HONOLULU, HAWAII 96809 KANOOL•wis~iA~ic~~~ bTAlE RAglg February 3, 2009 Ref.: REZ 04-OOI.CMT L-481 Suspense D te: 2/13/09 MEMORANDUM: T0: Division of Aquatic Resources XXX Division of Forestry & Wildlife Na Ala Hele Trails XXX Division of State Parks XXX Engineering Division " Division of Boating and Ocean Recreation Commission on Water Resource Management Office of Conservation and Coastal Lands XXX Land-Hawaii Districts®L~an~ Office FROM: Dierdre S. Mamiya, Adminis~ r Land Division SUBJECT: Change of .Zone Application I D No.: REZ 04-001 Authority: County of Hawaii Planning Departme:t Applicant: Janice Oshiro TMKs: (3) 2-2-35: 073 Please review the document pertaining to the subject matter and submit your comments (if any) on Division letterhead signed and dated by the suspense date. If you have any questions, please contact Nicholas ~ Vaccaro at ext.: 7-0389. If this office does not receive your ccmments by the suspense date, we will assume there are no comments. ( ) We have no comments. ~ Comments attache . Division: ~ I y~{-er7'(~ Signed: ~ G ~ Date : (O ~ Name : ERIC T. NIRANO, CNIEF ENGINEER ~l DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DMSION LA/NADDV,'~-- ReG: ~G a4-DO% ClaJT COMMENTS We confum that the project site, according to the Flood Insurance Rate Map , is located in Flood Zone Please take note that the project site, according to the Flood Insurance Rate Map (1 , is located is Zone _ Please note that the correct Flood Zone Designation for the project site according the Flood Insurance Rate Map (FIRM) is _ Please note that the project Est comply with the nilea and regulation of the Nati nl Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulatio ~ (44CFR), whenever development within a Special Flood Hazard Area is undertaken. hf there are any question, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of Department of Land and Natural Resources, Engineering Division at (808) 587-0267. Please be advised that 44CFR indicates the miai~~ standards set forth by the NF] .Your Comnmity's local flood ordinance may prove to be more restrictive and thm take ~ edence over the minimum NF1P standards. If there are question regarding the local flood rdinaacea, please contact the applicable County NFIP Coordintors below: Mr. Robert Sumimoto at (808) 523-0254 or Mr. Mario Siu Li at (808) 523 247 of the City and County of Honolulu, Dtpartment of Planning and Permitting. Mr. Kelly Gomes at (808) 961-8327 (Hilo) or Mr. Kiran Emler at (808) 327-3530 (Kon) of the County of Hawaii, Department of Public Wotka. Mr. Francis Cerizo at (808) 270.7771 of the County of Maui, Department i f Planning. Mr. Mario Antonio at (808) 241-6620 of the County of Kauai, Department of Public Works. The applicant should include project water demands and infrastructure requued ton et water demands. Please note that the imple~ntatioa of any State-sponored projects req ' ' g water service from the Honolulu Hoard of Water Supply system must first obtain water all ation credits from the Engineering Division before it can receive a building permit and/or water ter. The applicant should provide the water demands and calculation to the Engineering Division so it can be included in the State Water Projects Plan Update. Addition] Comments: O Other: Should you have any question, please call Mr. Eric Yuasa of the Planning Branch at 587-0254. / Signed( ~f• L` e-'~!~ `r'"~..,.~ ERIC T. HII2AN0, F ENGINEER Date: ~~Cd ~ y 4E...~~~ 9y. 9 `~`f_ 9i LINDA LINGLE CHIVOME L. FUKINO, M.D. GOVERNOR ~q~ pIRECTOR OF HEALTH STATE OF HAWAII f I" DEPARTMENTOFHEALTH 1 P.o. sox s1s _ HILO, HAWAII 96721-0916 MEMORANDUM DATE: February 18, 2004 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 04-001) Applicant: Janice Oshiro Request: Open to MCX-10 Tax Map Key: 2-2-35:73 A septic system is allowed provided the wastewater flow does not exceed 1,000 gallons per day. WORD:REZ04-OOl.my EXHIBIT G SidneyFuke, Planning Consultant - 100 Pauahi Street, Suite 212 • Hilo, hiawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Suodivision • Land Use Permr • Environmental Reports February 23, 2004 Mr. Christopher Yuen, Director County Planning Department =.~:y rf_,~ ~~y rm ~ ~ 101 Pauahi Street Hilo, HI 96720 f': ~ '`'^.r~.- C~~: Dear Mc Yuen: Subject: Rezoning Request (REZ 04-001) -Janice Oshiro Hilo, Hawaii. TMK: 2-2-35: 73 Thank you for providing me with a copy of agency comments to date r~ garding the subject application. We note that the Police Department had no comments or objections to the request. In response to the Department of Environmental Management's com ents, ideally, all projects should be hooked up to the County's system. However, gi en the projected office-related uses of this property, the anticipated wastewater syst m would be generally comparable to a residence. Then, too, the cost to bring the line t the subject property would be prohibitive relative to the size of this project. The li a would require coming across of Kanoelehua Highway. As such, the applicant plans o utilize a septic system for the project, consistent with the requirements of the State De artment of Health. The applicant's solid waste will be accommodated through commercial haulers who will dispose of the waste in County-approved waste disposal site. Much f the vegetation on the property will be mulched and kept on the site. If needed, ho ever, they will be disposed off in approved drop sites at the Hilo transfer station. Fir ally, recycling will be encouraged within the small project site. Separate bins to sel crate bottles, cans, and paper will be placed on site. The requirements of the Fire Department relative to fire access, sprinklers, and related fire protective measures will be done during the building permit review process. It should be noted that the Fire Department is one of the agencies that must r view and approve a building permit. Should you have additional comments or questions regarding this matt r, please feel free to contact me. Thank you very much. Snce~ely, SIDNEY~.KE~' Planning Consultant Copy -Department of Environmental Management Fire Department Ms. Janice Oshiro w! enclosures EXHIBIT T SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax' (808) 969-7996 • Subdivision • Land Use Permits • Environmental Reports Februazy 26; 0.04 ~ 5 rte Rm 1 Mr. Christopher Yuen, Director # l„_, Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Deaz Mr. Yuen: Subject: Rezoning Request (REZ 04-001) -Janice Osbiro Hilo Hawaii TMK: 2-2-35: 73 Thank you for providing me with a copy of the Department of Health's comments regarding the subject matter. In responding to this comment, we would like to ote that it confirms our eazlier response to the Department of Environmental Managemen 's comments. Specifically, in response to the Department of Environmental Manage ent's comments, we noted that the applicant would utilize a septic system in lieu of tending the County's line to the subject site, due in part to cost and use factors. The ap licant's anticipated use - i.e., office and possibly retail -should be comparable to a dw lling and should thus not exceed a wastewater flow of 1,000 gallons per day. In the eve t the use changes, then, the applicant or its successors or assigns would have no alternati a but to extend the County's line to the subject site. Should you have additional comments or questions regarding this matte ,please feel free to contact me. Thank you very much. 'ncer y, V NEY M.FUKE Planning Consultant Copy -State Department of Health Ms. Janice Oshiro w/ enclosure ROshiroREZ.d -3/2/04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION J. OSHIRO CHANGE OF ZONE APPLICATION IREZ 04-0011 Upon cazeful review of the request against the guidelines for granting a ch ge of zone, the Planning Director is recommending that a favorable recommendation of the hange of Zone request be forwarded to the County Council. This recommendation does ot, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director rese es the right to modify and/or alter this recommendation based upon additional information pre ented at the public hearing. This favorable recommendation is based on the following findings; The applicant is requesting a change of zone from Open (O) to the I dustrial- Commercial Mixed (MCX-10) district to construct an approximately 1,700 quaze-foot two-story office building on the site. The structure is not anticipated to exc ed 30 feet in height. A minimum of nine (9) parking stalls, including ahandicapped-acc ssible stall, will be provided on the site. Construction is proposed to commence by the nd of 2004. The estimated cost of the project is $300,000.00. In order to consider an azea for any type of zoning designation, the pplicable goals, policies and standards of the General Plan must be adequately addre sed. It is only through such a comprehensive policy analysis approach that evaluations an decisions can be made to better time and stage developments to achieve growth dete fined 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 ar as in the County. The Change of Zone request from an Open (O) to an Industrial Commercial Mixed Use (MCX-10) zoned district will conform to the goals, policies nd standards of the General Plan Economic and Land Use Elements. The General Pl: 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, standazds and courses of action to ~ ccommodate growth without congestion, to designate and preserve the lands needed for esidential use, commercial and visitor services, industry, agriculture and open space, and 1o coordinate these uses with the County's service and circulation systems. The overall goals, policies and standazds aze set forth to physically plan the lands in the County in the best interest of the island's residents. 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 request conforms with the goals, policies and standazds of the C eneral Plan in that the proposed development will be developed in an azea adequately sen ed by necessary services such as water, utilities, sewers and transportation systems. The proposed project also conforms to the Land Use -Industrial sub-element wl ich states that "Industrial development shall be located in areas adequately served by trap; portation, utilities and other amenities." The Land Use Pattern Allocation Guide (LUPAG) Map component f the General Plan is a representation of the document's goals and policies to guide the co rdinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project azea is design ted Industrial on the LUPAG Map. This industrial designation includes uses such as man factoring and processing, wholesaling, lazge storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the Industrial designation on the LUPAG Map for this azea of Hilo. The applicant proposes a mixture of ligl t industrial and commercial uses which would be suitable in this azea. The State Land Use designation for the subject property is Urban. T e Hilo Community Development Plan (CDP), adopted in 1975, suggests the retention of residential uses in this area. However, this azea is transitioning to commerc al and light industrial uses. The advantage of this azea is its location in close proximity to water, air transportation terminals, hazbor facilities and the residential population of H ilo. The proposed change of zone would complement the existing industrial and corn ercial land -2- uses that already exist in this azea and will provide for an orderly develop ent of the area. The MCX zoning designation was created when the Zoning Code v as 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 pennittin€ abroad range of uses, without exposing non-industrial uses to unsafe and unhealthy envi~onrnents. The subject property is a relatively level approximately 12,787-sqw e foot vacant triangulaz pazcel. The property is bounded on the west by Kanoelehua Avenue (Highway 11), east by Railroad Avenue and south by (East) Hualani Street. The appl cant states that although there are no structures on the site, it is reported that the site was formerly cleared and used for storage during the construction of Kanoelehua Avenue . The site is overgrown with scrubby vegetation and trees. Surrounding uses aze a mix ~ f residential, light industrial and commercial businesses. The land uses in the immediate area aze a mix of commercial and industrial uses. Hilo International Airport is zoned ML-20 and located directly east of the property. Commercial and/or industrial uses ne• by include warehousing, aviation related uses, and office buildings. The property to tl a north is zoned Open, and lands to the south aze zoned ML-10 and Open. Lands tot e west, across Kanoelehua Avenue, are zoned ML-10, ML-2Q, RS-10 and MCX-2( (SAF, Ltd., RS-10 to MCX-20, Ordinance No. 03 84) for a proposed office building. All utilities and services are available to the site. Access to the I roject site is proposed from Hualani Street, which intersects with Kanoelehua Avenue. ~ However, the site plan shows access from Railroad Avenue). According to the Department of Public Works, Hualani Street is a County roadway with a 40-foot wide right-of-ws y with 20- foot wide asphalt-concrete pavement in poor condition. Upon site inspectic n of the property, Hualani Street appeared to be in fairly good condition; Railroad venue is nearly non-existent and in poor condition. According to the tax maps, the I ortion of Hualani Street east of Kanoelehua Avenue adjoining the subject property is a short stub that ends at the Railroad Avenue right-of--way. On the ground however, this portion of Hualani Street actually continues northeast to the air cargo facility, NAS pc ol, and the old -3- inter-island airport terminal, and eventually connects with Kamehameha A enue. This road is called "Brig Road" on the tax maps. Kanoelehua Avenue is a State highway with six lanes with a divided median in the project area. There is also a dedicat d right-turn in and right-turn out lane into Hualani Street from Kanoelehua Avenue. Alo g this section of Kanoelehua Avenue, the right-of--way is 120 feet. The pavement width ~ n one side of the median is over 30 feet wide with sidewalks along the west side of the h ghway. There are no sidewalks along Kanoelehua Avenue fronting the site. The applican proposes one access in and out of the subject site from Hualani Street. However, if nece. sary, access 'can be secured from the Railroad Avenue section of the site instead of Hua ani Street. This section of Hualani Street and Railroad Avenue is not heavily traveled. The Department of Public Works recommends that access be limited to Railroa Avenue, as access to Hualani Street may not be viable. A condition will be included tc limit access only from the Railroad Avenue side of the property. Because the actual ali nment of Hualani Street, Railroad Avenue, and the existing road that goes onward to the air cargo facility is not clear on the ground, one condition of the rezoning will requir the landowner to survey the existing road and convey it at no cost to the Count if the road is on the landowner's property. According to the applicant, there is a 6-inch waterline fronting the s to along Hualani Street. There is also a 12-inch line in the airport service road with a fire hydrant adjacent to the eastern boundary of the subject site. It is anticipated that a _ /8-inch meter would be sufficient for the proposed office use. The applicant will install a additional or larger meter if required. The applicant proposes to use a septic system, as extending the County's sewer line is cost prohibitive. The State Department of Health co ented that a septic system is allowed provided that the wastewater flow does not exceE d 1,000 gallons per day. Solid waste will be handled by commercial haulers. If required, a Solid Waste Management Plan will be prepared. Electricity and telephone servic s are available to the site. The property has no severe geological or topographical problems wl 'ch cannot be rectified or which would render the land unusable. The project site is locat d within Zone "X", area determined to be outside the 500-year floodplain. All development -4- generated storm run-off shall be disposed of on-site and not allowed onto a jacent properties or roadways. By letter dated January 26, 2004, the applicant has requested a "no ~ ffect" letter from the DLNR-HPD. No professional surveys were conducted of the site. The applicant has stated that should any azchaeological features or sites be discs vered during the development of this project, work will immediately cease and the applic ant will notify the Planning Department. No professional flora or fauna surveys were conducted of the site. a applicant does not believe that raze or endangered floral or faunal resources aze on th site. The property is located in an urban setting adjacent to the airport and aviation related uses and was previously sleazed and used for storage during the construction of K oelehua Avenue. Introduced bird species include the dove, Japanese White-Eye, h use finch and mynah. At times, domestic animals such as cats and dogs and other animal such as rats and mongoose aze present on the site. Vegetation on the site includes aban~ oned sugaz cane stalks, gunpowder trees, and California grass. There are no cultivated plants or trees on the site. The subject request is not contrary to Chapter 205A, Hawaii R wised Statues, relating to Coastal Zone Management. The property is not loca ed in the Special Management Area. The project site is located less than one mile fr~ m the shoreline but will not be impacted by coastal hazazd and beach erosion. Th re is no record of a designated public access to the shoreline or mountain azeas that traverses the property. According to the applicant, no valued cultural, historical or natur resources exist on the properties and there is no evidence of any traditional and custo~ ary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that a proposed request will have any adverse impact on cultural or historical resources in t e azea. Therefore, no action is necessary to protect these rights. In view of the recent Hawaii State Supreme Court's "PASH" and a Pa'akai O Ka ilina"decisions, the issue relative to native Hawaiian gathering and fis 'ng rights must be addressed in terms of the cultural, historical, and natural resources d the associated traditional and customary practices of the site: -5- Investigation of valued resources: No formal azchaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey ofd cumentary records, botanical and/or fauna study was submitted. The valuable culturah historicah and natural resources found in the_ ezonin azea: As the site was formerly used as a storage area during the construction of K anoelehua Avenue, an azchaeological inventory survey of the site was not conducted. By letter dated January 26, 2004, the applicant has requested a "no effect" letter fron the State Historic Preservation Division. The applicant has stated that work will cea a and the Planning Department will be notified if any unanticipated azchaeological features or sites are discovered during the course of improving the site. Possible adverse effect or impairrnent of valued resources: Native I lants could be destroyed by construction and ground alteration. The subject property doe. not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: Conditions of ap royal will be included to require the applicant to notify the Department of Land and Nah ral Resources - Historic Preservation Division (DLNR-HPD) should any unidentified site or remains be encountered, and proceed only upon an archaeological cleazance from the DLNR- HPD. The applicant has stated that there is no evidence of any traditional a d customary Native Hawaiians rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that t e project would have no adverse impact relative to the cultural and historical resourc s of the azea. To the extent to which traditional and customary Native Hawaiian rights az~ exercised, the proposed action will not affect traditional Hawaiian rights and no actior is necessary to protect these rights. Based on the above fmdings, approval of this change of zone rec uest from Open (O) to an Industrial-Commercial Mixed Use (MCX-10) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilc Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for yow favorable consideration. Please note the proposed conditions of approval attached to e draft bill. -6- COshiroRE:. doc3l2/04 J. OSHIRO CHANGE OF ZONE APPLICATION (REZ 04-001) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for com: lying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of V ater Supply, the applicant shall submit the anticipated maximum daily water usa€ a calculations as recommended by a registered engineer, and a water commitment eposit in accordance with the "Water Commitment Guidelines Policy" to the epartment of Water Supply within ninety (90) days form the effective date of this ordinance. C. Survey the existing road in the vicinity of the subject property and d dicate any portion that encroaches on the subject property to the County at no c ost. D. Construction of the proposed development shall be completed withi five (5) yeazs from the effective date of this ordinance. Prior to construction ,the applicant, successors or assigns shall secure Final Plan Approval fog the proposed development from the Planning Director in accordance with Chapte 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identi all existing and/or proposed structures, paved driveway access and pazking stall associated with the proposed development. Landscaping shall also be indicate. on the plans for the purpose of mitigating any adverse noise or visual impacts to djacent properties in accordance with the requirements of Planning Departn ent's Rule No. 17 (Landscaping Requirements). E. Access to the subject property shall be limited to the Railroad Aven e side of the property. F. All driveway connections to Railroad Avenue shall conform to Cha ter 22, Streets and Sidewalks, of the Hawaii County Code. G. Provide improvements to the entire frontage of Hualani Street and t any portion of Railroad Avenue used for access to the project, consisting of, but not limited to, 21-foot wide asphalt/concrete pavement with concrete curb, gutter end sidewalk along with any required utility relocation and drainage improvemen s. H. Provide a minimum 20-foot property line curve radius at the intersection of Kanoelehua Avenue and Hualani Street and a minimum 25-foot prc perty line curve radius at the intersection of Hualani Street and Railroad Aver ue. The curve radii shall incorporate the future road widening setback. I. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. J. A drainage study of the subject property shall be prepazed and subrr fitted to the Department of Public Works for review and approval, prior to sub ittal of plans for Plan Approval review. Drainage improvements, if required, sha 1 be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. K. All development generated runoff shall be disposed of on site and sl all not be directed towazd any adjacent properties. A drainage study shall be I repazed and submitted to the Department of Public Works prior to the issuance c f Final Plan Approval. Any drainage improvements shall be constructed, meeti g with the approval of the Depaztment of Public Works prior to the issuance of a Certificate of Occupancy. L. The method of sewage disposal shall meet with the requirements of e State Department of Health. M. A Solid Waste Management Plan shall be submitted to the Departmi nt of Environmental Management for review and approval prior to the iss ance of a Certificate of Occupancy. N. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural esources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological cleazance frc m DLNR- HPD when it finds that sufficient mitigation measures have been tak n. O. Should the Council adopt a Unified Impact Fees Ordinance setting fc rth criteria -2- for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified hn act Fees Ordinance. P. The applicant shall comply with all applicable laws, rules, regulatio sand requirements of the affected agencies for the proposed development Q. An annual progress report shall be submitted to the Planning Directs r prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent tot which the conditions of approval have been satisfied. This condition shall re ain in effect until all of the conditions of approval have been complied with and he Planning Director acknowledges that further reports aze not required. R. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the followi g circumstances: 1. The non-performance is the result of conditions that could ns t have been foreseen or aze beyond the control of the applicant, successor s or assigns, and that aze not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the f eneral Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the < riginal reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to excee the period originally granted for performance (i.e., a condition to be per ormed within one yeaz may be extended for up to one additional year). S. Should any of the conditions not be met or substantially complied w'th in a timely fashion, the Planning Director may initiate rezoning of the azea to it: original or more appropriate designation. -3- yIsL1~E ~ P`~ x<v oc.~~ LfSe all®! ~am2TYe Harry Kim _ Christopher J. Yuen Mayor Direcor h of M~ Roy R. Takemoto Deputy Director ~nixnt~r of ~zcfrxtctt PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 March 9, 2004 (808) 961-8288 Fax (808) 961-8742 MEMORANDUM To: Planning Commissioners From: Christopher Yuen if _ / Planning Director L Z: ~ , C~ Re: J.Oshiro Change of Zone Application (REZ 04-001) Correction to Conditions of Approval It has been brought to our attention that proposed Conditions J and K of the prey iously issued Conditions of Approval dated 3/2/04 for the above-referenced application are nearly identical in wording. Therefore, Condition J has been deleted and replact d with a new Condition J ("All development generated runoff....). We apologize for this oversight. cc: Mr. Sidney Fuke Attachment p: \wpwi n 60\pc\letters\LOshirocon di ti on. doc - ~-r~' C~.~lr P~' COshiroRE .dac-3/9/04 J. OSHIRO CHANGE OF ZONE APPLICATION (REZ 04-001) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for com lying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of ater Supply, the applicant shall submit the anticipated maximum daily water usa a calculations as recommended by a registered engineer, and a water commitment eposit in accordance with the "Water Commitment Guidelines Policy" to the epartment of Water Supply within ninety (90) days form the effective date of this ordinance. C. Survey the existing road in the vicinity of the subject property and d dicate any portion that encroaches on the subject property to the County at no ost. D. Construction of the proposed development shall be completed withi five (5) yeazs from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Chapte 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identi all existing and/or proposed structures, paved driveway access and parking stall, associated with the proposed development. Landscaping shall also be indicate on the plans for the purpose of mitigating any adverse noise or visual impacts to • djacent properties in accordance with the requirements of Planning Departm nt's Rule No. 17 (Landscaping Requirements). E. Access to the subject property shall be limited to the Railroad Aven e side of the property. F. All driveway connections to Railroad Avenue shall conform to Cha ter 22, Streets and Sidewalks, of the Hawaii County Code. G. Provide improvements to the entire frontage of Hualani Street and to any portion of Railroad Avenue used for access to the project, consisting of, but of limited to, 21-foot wide asphalt/concrete pavement with concrete curb, gutter az d sidewalk along with any required utility relocation and drainage improvement: . H. Provide a minimum 20-foot property line curve cadius at the interse~ tion of Kanoelehua Avenue and Hualani Street and a minimum 25-foot pro erty line curve radius at the intersection of Hualani Street and Railroad Aven e. The curve radii shall incorporate the future road widening setback. I. Streetlights and traffic control devices shall be installed as required y the Traffic Division, Department of Public Works. J. All development generated runoff shall be disposed of on site and s] all not be directed toward any adjacent properties. A drainage study shall be X repared and submitted to the Department of Public Works prior to the issuance c f Final Plan Approval. Any drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. K. The method of sewage disposal shall meet with the requirements of he State Department of Health. L. A Solid Waste Management Plan shall be submitted to the Departm~ nt of Environmental Management for review and approval prior to the iss ce of a Certificate of Occupancy. M. Should any remains of historic sites, such as rock walls, terraces, pl~tforms, marine shell concentrations or human burials be encountered, work n the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immedi~ tely notified. Subsequent work shall proceed upon an archaeological clearance fn m DLNR- HPD when it finds that sufficient mitigation measures have been taken. N. Should the Council adopt a Unified Impact Fees Ordinance setting f rth criteria for imposition of exactions or the assessment of impact fees, conditi ns included herein shall be credited towards the requirements of the Unified Im t Fees Ordinance. O. The applicant shall comply with all applicable laws, rules, regulatior s and requirements of the affected agencies for the proposed development. -z- P. An annual progress report shall be submitted to the Planning Direct r prior to the anniversary date of enactment of the ordinance. The report shall in Jude, but not be limited to, the status of the development and the extent tot whit the conditions of approval have been satisfied. This condition shall re ain in effect until all of the conditions of approval have been complied with and he Planning Director acknowledges that further reports are not required. Q. An initial extension of time for the performance of conditions withi the ordinance may be granted by the Planning Director upon the folio ~ g circumstances: 1. The non-performance is the result of conditions that could n t have been foreseen or are beyond the control of the applicant, successo s 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 eneral Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the riginal reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to excee the period originally granted for performance (i.e., a condition to be per ormed within one year may be extended for up to one additional year). R. Should any of the conditions not be met or substantially complied w th in a timely fashion, the Planning Director may initiate rezoning of the area to it original or more appropriate designation. -3- LINDA LINGLE te, ~„,°.,~qti RODNEY K. HARAGA GOVERNOR a~ ~ issy DIRECTOR j t Deputy Director °flp{ BRUCE V. MATSUI 'p~ `Jd® LINDEN H. IOESTING i ~ ~ ( ~~~®:~~:p9'O~ BRIAN H. SEKIGUCHI STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION ~ 869 PUNCHBOWL STREET STP 8.1087 - HONOLULU, HAWAII 96813-5097 Mazch 29, 2004 Mr. Christopher Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: Janice Oshiro (Waiakea Houselots) Change of Zone Application (REZ 04-001) TMK: 2-2-35: 73 Thank you for your transmittal requesting our comments on the subject project. Our comments are as follows: 1. The subject project is located within the 65-60 DNL Noise Contour on the Hi o International Airport Noise Exposure Map. Therefore, the applicant should b aware of potential noise, fumes, smoke and vibrations from aircraft flying into and out of the airport. The applicant should incorporate the appropriate noise reduction me sures in the design of its buildings due to the project's proximity to the airport. 2. The maximum height of buildings and vegetation must not exceed 100 feet m an sea level (MSL) at the closest point of the subject property to Hilo International irport. The applicant should file the attached Federal Aviation Administration (FAA) Fo 7460-1 Notice of Proposed Construction or Alteration with the FAA. 3. We request the landowner grant an avigation and noise easement to the Dep ent of Transportation, Airports Division. Please contact our Airports Planning Bran h at (808) 838-8821 to discuss this further. 4. Plans for all work within the State Highway right-of--way must be submitted t the State Highways Hawaii District Office for our review and approval. Mr. Christopher Yuen STP 8.1087 Page 2 Mazch 29, 2004 We appreciate the opportunity to provide comments. VeryAtr~uly yours, bp/ RODNEY K. HARAGA Director of Transportation Attach. NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION §77.13 Construction or alteration requiring notice. §77.15 Construction or alteration of requiring notice. (1 Except as provided in §77.15, each sponsor who proposes any of the No person is required to notify the Administroto for any of the following following construction or alteration shall notify the Administrator in the form and construction or alteration: manner prescribed in §77.17: (a) Any object that would be shielded by exisli g structures of a permanent and (1) Any construction or alteration of more than 200 feet in height above the substantial character or by natural terrain or opogrophic features of equal or grountl level at Its site. greater height, and would be located in the c ngested area of a city, town, or (2) Any construction or alteration of greater height than an imaginary surtace settlement where it is evident beyond all reas nable doubt that the structure so extending outward and upward at one of the following slopes: shielded will not adversely affect safety in alr na 'goon. (i) 100 to t for a horizontal distance of 20,000 feet from the nearest point of (b) Any antenna structure of 20 feet or less in eight except one that would the nearest runway of each airport specified in paragraph (a) (5) of this section increase the height of another antenna structur . wtth at least one runway more than 3,200 feet in actual length, excluding (c) Any air navigation facility, airport visual pproach or landing aid, aircraft heliports. arresting device, or meteorological device, of a type approved by the (ii) 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the Administrator, or an appropriate military servic on military airports, the location nearest runway of each airport specified in paragraph (a) (5) of this section and height of which is fixed by tts functional pur ose. with its longest runway no more than 3,200 feet in actual length, excluding (d) Any construction or alteration for which ncti is required by any other FAA heliports. regulation. (iii) 25 to i for a horizontal distance of 5,000 feet from the nearest point of the §77.17 Form and time of notice. nearest landing and takeoff area of each heliport specified in paragraph (a) (5) (a) Each person who is required to notify the A ministrator under §77.13 (a) shall of this section. send one executed form set of FAA Fo 7460-1, Notice of Proposed (3) Any highway, railroad, or other traverse way for mobile objects, of a height Construction or Alteration, to the Manager, A r Traffic Division, FAA Regional which, if adjusted upward 17 feel for an Interstate Highway that is part of the Office having jurisdiction over the area within ich the construction or alteration National System of Military and Interstate Highways where overcrossings are will be located. Copies of FAA Fonn 746 1 may be obtained from the designed for a minimum of 17 feet vertical distance, 15 feet for any other public headquarters of the Federal Aviation Administra ion and the regional offices. roadway, 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road, 23 feet for a railroad, (b) The notice required under §77.13 (a) (1) thr ugh (4) must be submitted at and for a waterway or any other traverse way not previously mentioned, an least 30 days before the eartier of the following ales - amount equal to the height of the highest mobile object that would normally (i) The date the proposed construction or al ration is to begin. traverse tt, would exceed a standard of paragraph (a) (1) or (2) of this section. (2) The date an application for a constructio permit is fo be filed. (4) When requested by the FAA, any construction or a6erotion that would be However, a notice relating to proposed constru ion or alteration that is subject to in an instrument approach area (defined in the FAA standards governing the licensing requirements of the Federal Co munications Act may be sent to instrument approach procedures) and available information indicates it might the FAA at the same time the application for co struction is filed with the Federal exceed a standard of Subpart C of this part. Communications Commission, or at any time b ore that fling. (5) Any construction or alteration on any of the following airports (including heliports): (c) A proposed structure or an alteration to a existing structure that exceeds (i) An airport that is available for public use and is listed in the Airport 2,000 feet in height above the ground will be presumed to be a hazard to air Directory of the current Airman's Information Manual or in either the Alaska or navigation and to result in an inefficient utilizat on of airspace and the applicant Pacific Airman's Guide and Chart Supplement. has the burden of overcoming that presumption Each notice submitted under the pertinent provisions of this part 77 proposing a structure in excess of 2,000 feet (Ii) An airport under construction, that Is the subject of a notice or proposal on above ground, or an atteratlon that will make n existing structure exceed that file wdh the Federal Aviation Administration, and except for military airports, it height, must contain a detailed showing, direct to meeting this burden. Only in is clearly Indicated that that airport will be available for public use, exceptional cases, where the FAA conclud s that a clear and compelling (iii) An airport that is operated by an armed force of the United States. showing has been made that tt would not resu in an inefficient utilization of the (b) Each sponsor who proposes construction or alteration that is the subject of a airspace and would not result in a hazard to air avigation, will a determination of notice under paragraph (a) of this section and is advised by an FAA regional no hazard be issued. office that a supplemental notice is required shall submit that notice on a (d) In the case of an emergency involving esse ial public services, public health, prescribed Torm to be received by the FAA regional office at least 48 hours before or public safety that requires immediate cons ruction or alteration, the 30 day the start of construction or alteration. (c) Each sponsor who undertakes construction or alteration that is the subject of requirement in paragraph (b) of this section doe not apply and the notice may be a notice under paragraph (a) of this section shall, within 5 days after that sent by telephone, telegraph, or other expedttio s means, with an executed FAA construction or alteration reaches its greatest height, submit a supplemental Form 7460-1 submitted within five (5) days the eafter. Outside normal business notice on a prescribed form to the FAA regional office having jurisdiction over the hours, emergency notices by telephone or tel graph may be submitted to the region involved, if - nearest FAA Flight Service Station. (1) The construction or alteration is more than 200 feet above the surtace (e) Each person who is required to notify the dministrotor by paragraph (b) or level of its stte; or (c) of §77.13, or both, shall send an executed py of FAA Form 7460-2, Notice (2) An FAA regional office advises him that submission of the form is of Actual Construction or Alteration, to the Ma ager, Air Traffic Division, FAA required. Regional Office having jurisdiction over the area nvolved. ADDRESSES OF THE REGIONAL OFFICES Alaska Region Eastern Region Northwest Mountain Region Southwest Region AK DC, DE, MD, NJ, NY, PA, VA, WV CO, ID, MT, OR, UT, WA, WY AR, LA, NM, OK, TX Alaskan Regional Office Eastern Regional ONce Nonhwest Mountain Regional Office Southwest Regional Office Air Traffic Division, AAL-530 Air TraRc Division, AEA-520 Air Traffic Division, ANM-520 it Traffic Division, ASW-520 222 West 7th Avenue JFK International Airpon 1601 Lind Avenue, SW 2601 Meacham Boulevard Anchorage, AK 99513 Fitzgerald Federal Building Renton, WA 98055-4056 Fort Worth, TX 76137-0520 Tel: 907-271-5893 Jamaica, NV 11430 Tel. 425-227-2520 Tel: 817-222-5531 Central Re Ion Tel: 718553-2616 g Great Lakes Re Ion Southern Region estern Pacific Region IA, KS, MO, NE 9 AL, FL, GA, KY, MS, NC, PR, HI, CA, NV, AZ, GU Cenlml Regional 08ice IL, IN, MI, MN, ND, OH, SD, WI SC, TN. VI estern-Pacific Regional Office Air TraRC Division, ACE-520 Great Lakes Regional Once Southern Regional Office it Traffic Division, AWP-520 60 East 12th Street AirTmRc Division, AGL-520 qir Tragic Division, ASO-520 15000 Aviation Boulevard Kansas Ciy, MO 64106 2300 East Devon Avenue 1701 Columbia Avenue Hawthorne, CA 90260 Tel: 816-426-3408 or 3409 Des Plaines, IL 60018 College Park, GA 30337 el: 310-725-6557 Tel: 847-294-7568 Tel: 404-305-5585 New England Region CT, MA, ME, NH, RI, VT New England Regional O(lice Air Traffic Division, ANE-520 12 New England Executive Park Burlington, MA 01803-5299 Tel: 781-238-7520 FAA Fcrm 7460-1 (2-99) Supersedes Previous Edition NSN: 0052-00-012-0009 INSTRUCTIONS FOR COMPLETING FAA FORM 7460-1 PLEASE TYPE or PRINT I-. EM #1. Please include the name, address, and phone number of a personal contact point as well as the com any name. ITEM #2. Please include the name, address, and phone number of a personal contact point as well as the com any name. ITEM #3. New Construction would be a structure that has not yet been built. Alteration is a change to an existing structure such as the addition of a side mounted antenna, a change to t e marking and lighting, a change to power and/or frequency, or a change to the height. The nature of the alternation shall be includ d in ITEM #21 "Complete Description of Proposal". Existing would be a correction to the latitude and/or longitude, a correction to the height, or if filing on an a fisting structure which has never been studied by the FAA. The reason for the notice shall be included in ITEM #21 "Complete Description Proposal". ITEM #4. If Permanent, so indicate. If Temporary, such as a crane or drilling derrick, enter the estimated length of time the temporary structure will be up. ITEM #5. Enter the date that construction is expected to start and the date that construction should be complet d. ITEM #8. Please indicate the type of structure. DO NOT LEAVE BLANK. ITEM #7. In the event that obstruction marking and lighting is required, please indicate type desired. If no pr ference, check "other" and indicate "no preference". DO NOT LEAVE BLANK. NOTE: High intensity lighting shall be used only for struct res over 500' AGL. In the absence of high intensity lighting for structures over 500' AGL, marking is also required. ITEM #8. If this is an existing tower that has been registered with the FCC, enter the FCC Antenna Structure R istration number here. ITEM #9. and #10. Latitude and longitude must be geographic coordinates, accurate to within the neares second or to the nearest hundredth of a second if known. Latitude and longitude derived solely from ahand-held GPS instrumen is NOT acceptable. A hand-held GPS is only accurate to within 100 meters (328 feet) 95 per cent of the time. This data, when pl ed, should match the site depiction submitted under ITEM #20. ITEM #11. NAD 83 is preferred; however, latitude/longitude may be submitted in NAD 27. Also, in some geog aphic areas where NAD 27 and NAD 83 are not available other datums may be used. It is important to know which datum is used. DO NO LEAVE BLANK. ITEM #12. Enter the name of the nearest city/state to the site. If the structure is or will be in a city, enter the na a of that city/state. ITEM #13. Enter the full name of the nearest public-use (not private-use) airport (or heliport) or military airport (or heliport) to the site. ITEM #14. Enter the distance from the airport or heliport listed in #13 to the structure. ITEM #15. Enter the direction from the airport or heliport listed in #13 to the structure. ITEM #16. Enter the site elevation above mean sea level and expressed in whole feet rounded to the neares foot (e. g. 17' 3" rounds to 17', 17' 6" rounds to 18'). This data should match the ground contour elevations for site depiction submitted and r ITEM #20. ITEM #17. Enter the total structure height above ground level in whole feet rounded to the next highest fop (e.g. 17' 3" rounds to 18'). The total structure height shall include anything mounted on top of the structure, such as antennas, ob truction lights, lightning rods, etc. ITEM #18. Enter the overall height above mean sea level and expressed in whole feet. This will be the total of ITEM #16 + ITEM #17. ITEM #19. If an FAA aeronautical study was previously conducted, enter the previous study number. ITEM #20. Enter the relationship of the structure to roads, airports, prominent terrain, existing structures, et . Attach an 8-1/2" X 11" non-reduced copy of the appropriate 7.5 minute U. S. Geological Survey (USGS) Quadrangle Map MA KED WITH A PRECISE INDICATION OF THE SITE LOCATION. To obtain maps, Contact USGC at 1-800-435-7627 or via Internet at" ttp:1/mapping.usgs.gov". If available, attach a copy of a documented site survey with the surveyor's certification stating the amount of vertical and horizontal accuracy in feet. ITEM #21. • For transmitting stations, include maximum effective radiated power (ERP) and all frequencies. • For antennas, include the type of antenna and center of radiation (Attach the antenna pattern, if available). • For microwave, include azimuth relative to true north. • For overhead wires or transmission lines, include size and configuration of wires and their supporting structures (Attach depiction). • For each pole/support, include coordinates, site elevation, and structure height above ground level or water. • For buildings, include site orientation, coordinates of each corner, dimensions, and construction materials. • For alterations, explain the alteration thoroughly. • For existing structures, thoroughly explain the reason for notifying the FAA (s. g. corrections, no record of pr vious study, etc.). Filing this information with the FAA does not relieve the sponsor of this construction or alteration fr m complying with any other federal, state or local rules or regulations. If you are not sure what other rules or regulations pply to your proposal, contact local/state aviation and zoning authorities. Paperwork Reduction Work Act Statement: This information is collected to evaluate the effect of propo ed construction or alteration on air navigation and is not confidential. Providing this information is mandatory for anyone proposing const coon or alteration that meets or exceeds the criteria contained in 14 CFR ,part 77. We estimate that the burden of this collection is an verage 19 minutes per response. An agency may not conduct or sponsor, and a person is not required to respond to a collection of i ormation unless it displays a currently valid OMB control number. The OMB control number for this collection is 2120-0001. FAA Form 7460-1 (2-99) Supersedes Previous Edition NSN' 0052-DO-0'12-0009 Pledsa TypB or Pdnf On Th%s Fom1 Form Approved OMB No. 2120-0001 © Failure To Provide A!1 Requested Information May Delay Processing of Your Notice garonautlcal Stutly Number ~s~eorr,~aa~~, Notice of Proposed Construction or Alteration f+daral Avbllon AdmMbtarlon ' 1. Sponsor (person, company, etc. proposing this action) : 9, LatHude: Attn.of: 10. Longitude: o .r Name: Address: 11. Datum: ?NAD 83 ?NAD 27 ? O er 12. Nearest: City: State: City: State: Zip: Telephone: Fax: 23. Nearest Public-use (not private-use) or Mi nary Airport or Heliport: 2. Sponsor's Representative (if other than #1) 14. Distance from #13. to Structure: Attn.of: Name: Ili. Direction from #13. to Structure: Address: 16. Site Elevation (AMSL): fl. City: State: Zip: 17. Total Structure Height (AGL): R. Telephone: _ Fax: 18.Overall Height (#18. + #1L) (AMSL;: ft. 19. Previous FAA Aeronautical Study Numb r (if applicable): 3. Notice of: ? New Construction ? Atteretion ? Existing 4. Duration: ? Permanent ? Temporary (months,_days) - OE 20. Description of Location: (Attach a USGS 7.5 rrdnute 5. Work Schedule: Beginning End Quadrangle Map with fhe precise site marked d any certified survey.) 6. Type: ? Antenna Tower ? Crane ? Building ? Power line ? Landfll ? Water Tank ? Other 7. MarkinglPainting andlor Lighting Preferred: ? Red Lights and Paint ? Dual -Red and Medium Intensity White ? White -Medium Intensity ? Dual -Red and High Intensity White ? White-High Intensity ? Other 8. FCC Antenna Structure Registration Number (d applicable): 21. Complete Description of Proposal: Frequency/Power (kW) Notice is required by 14 Code of Federal Regulations, part 77 pursuant l0 49 U.S.C., Section 44718. Persons who knowingly and illingly violate the notice requirements of part 77 are subject to a civil penalty of $7,000 per day until the notice Is received, pursuant to 49 U.S.C., Section 301 (a). I hereby certify that all of the above statements made by me are true, complete, and correct to the best of my knowledg . In addition, I agree to mark andlor light the structure in accordance with established marking & lighting standards as necessary. Date Typed or Printed Name and Title of Person Filing Notice Signature FAA FOrm 7460-1 (2-99) Supersedes Previous Edition NSN: 0052-00-012-0009