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HomeMy WebLinkAboutCOM 0242.000 2004-2006 ,Miv os y~~ ~JWy, Harry Kim Dixie Kaetsu Mayor r Managing Director ; Peter L. Hendricks Sri os'M~'~~ Deputy Managing Direcor COUNTY OF HAWAII 25 Aupuni Street, Room 215 I lilq Hawaii 96720-4252 • (808) 961-821 I • Fax (808) 961-6553 KONA- 75-5706 Kuakini Highway, Sui[e 103 • Kailua-Kona, Ilawai'i 96740 (fr08) 329-5226 Fax (808) 326-5663 April 19, 2005 - ' Honorable Stacy Higa, Chairman - and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 ~ Dear Chairman Higa and Members - Amendment to Change of Zone Ordinance 92-7 (REZ 705) Applicant: Puluwai, LLC Request: Time Extension to Conditions B, C & O Tax Map Key: 2-4-3:portion 21 ~hange of lone Application (REZ 04-028) Applicant: Jeffrey Hunt Request: RS-10 to CV-l0 Tax Map Key: I-5-11:10 State Land Use Boundary Amendment Application (SLU 04-012) Request: Urban to Agricultural and Agricultural to Urban Change of Zone Application (REZ 04-027) Request: RM-1 to A-20a & A-20a to RM-1 Applicant: Johanna Lcaird/Kamehameha Schools 'fax Map Kev: 2-6-8:por 22 and 2-6-9:oor 8 As required by Chapter 4, Sec. 6-43(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, 9 Harry Kim ~ Mayor I U4220Anay Enclosures cc: Planning Department Comm. No._,~_ Ref. To: L~ Hawaii County is an 8yual O}?orlunily Gmrloyer and Provider Ref. Late v ~a~ 3> ~ r ~,Mtr or ~1w'' ^ Lti~. ..+:•c •••tf pj ~N1.'+' County of Hawaii PLANNING COMMISSION Aupuni Cen[er • 101 Pauahi Stree[, Suite 3 • Hilq Hawaii 96720 ~ ` Phone (808)961-8288 Pax (80R)961-5742 April 18, 2005 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Change ofLone Application (REZ 04-028) Applicant: Jeffrey Hunt Request: RS-10 to CV-10 Tax Map Kev: 1-5-11:10 The Planning Commission, after a duly held public hearing on April 1, 2005, voted to recommend for your approval the proposed legislative bill to change the district classification from a Single Family Residential 10,000 square foot (RS-l0) to a Village Commercial 10,000 square foot (CV-10) district for approximately 10,410 square feet of land. The property is located on the north side of Pahoa Village Road, across from the Pahoa Cash and Carry Store employees' parking lot at Nanawale Homesteads, Pahoa, Puna, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone from Single-Family Residential 10,000 square feet (RS-] 0) to Village Commercial 10,000 square feet (CV-10) for approximately 10,410 square Feet of land. The applicant intends to renovate an existing dwelling into a retail store to sell surfing, swimming and skate boarding merchandise. The new store will include display cases, a fitting room, handicapped accessible restroom and other changes. No exterior structural changes are proposed. The front portion of the property will be bulldozed for a parking lot. The parking lot will be paved, if necessary. For the past 15 years, the applicant has been making custom surfboards and has donated boards at surf contests at Pohoiki. According to the applicant, he has been encouraged to Hawaii County is~ an Equa! Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 open a surf shop as the closest surf shop is located in Hilo. The renovation will commence as soon as all necessary approvals are secured. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar azeas in the County. The proposed request from Single-Family Residential (RS-10) to Village Commercial (CV-10) conforms to the goals, policies and standards of Land Use (Commercial) and Economic Elements of the General Plan. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. [t reflects a graphic depiction of the physical relationship among the various land uses. The requested change of zone to a CV-10 district conforms to the LUPAG Map, which designates the property and its immediately surrounding area as Medium Density Urban. Such designation may allow village commercial uses, including office uses. Therefore, the requested Village Commercial zoning is consistent with the Medium Density Urban designation on the LUPAG Map For this area of Pahoa. Recent commercial rezonings in the area include: • TMK: 1-5-I1: 12, Ordinance No. 80 556 approved Apri121,1980 for change of zone from RS-] 0 to CV-l0 for James Kuwana. • TMK: 1-5-11:14, Ordinance No. 72 494 approved July 26, 1972 for change of zone from RS-10 to CV-10 for Paul Ogasawara. • TMK: 1-5-I 1: 15, Ordinance No. 76 222 approved on September 9, 1976 for change of zone from RS-10 to CV-10 for Raymond Smythe et al. • TMK: 1-5-11:22, no ordinance, approved on October 16, 1968 for change of zone from RS-10 to CV-10 for James Kuwana. • TMK: 1-5-13: 25, Ordinance No. 81 668 approved on February 10, 1981 for change of zone from RS-15 to CV-10 for Medford Investments, Inc. Stacy Higa, Chairman and Members of the County Council Page 3 • TMK: 1-5-13: 26, Ordinance No. 86 107 approved on September 26, 1986 for change of zone from RS-15 to CV-10 for John Bellman. • TMK: 1-5-13: 35, Ordinance No. 81 706 approved on August 31, 1981 for change of zone from RS-15 to CV-10 for James Bellman. Surrounding lands are in a mix of commercial and single-family residential uses. To the east of the property is a dwelling, vacant lot and a chiropractor's office. To the south across Pahoa Village Road is the Pahoa Cash and Carry Store, parking lot and a dwelling. The police substation and dwellings are located west of the site. Access to the property is from Pahoa Village Road, aCounty-owned and maintained roadway with an approximate 22-foot wide pavement within a 30-foot right- of-way. In the interest of traffic safety, a condition will be included allowing no direct access from Pahoa Village Road to the parking spaces. According to the Department of Water Supply, County water is available from an existing 8-inch waterline along Pahoa Village Road. Police services are available from the County's Police Station located two lots west of the property. Fire and emergency services are available in Pahoa town. Electricity and telephone services are available to the site. The request would complement a policy of the General Plan in which "Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems....." In addition, the property is located in the commercial core of Pahoa town. The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone "X," areas determined to be outside of the 500-year flood plain. There are no significant drainage ways that adversely affects the project site. While there are no indications of surface water flow on-site, the applicant will be required to abide by all applicable County guidelines for run-off generated by the development. The entire site has been grubbed and graded as a dwelling site. Given the scope of work previously conducted and the property's urban setting, the presence of any known rare, threatened, or endangered species or endangered floral and fauna species is remote. Likewise, the existence of archaeological sites within the property is unlikely. By letter dated August 5, 2004, the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD) stated that residential development/urbanization has altered the land, thus "no historic properties will be affected by this undertaking." Stacy Higa, Chairman and Members of the County Council Page 4 The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is not proximate to the shoreline and therefore will not be impacted by coastal hazazd and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. 1n view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The DLNR-HPD has stated that residential development/urbanization has altered the land; thus "no historic properties will be affected." • The valued cultural, historical, and natural resources found in the rezonine area: According to the applicant, there are no valued cultural, historical and natural resources found in the rezoning area. The property was previously disturbed for the construction of a dwelling. • Possible adverse effect or imoairment of valued resources: Native plants maybe destroyed by construction or ground alteration. Given the scope of work previously conducted and the property's urban setting, no known raze, threatened, or endangered species aze known to inhabit the parcel or are expected to be discovered on the site. According to the applicant, there aze mice, rats and mongoose on the site. Birds include the cardinal, doves, mynah, golden plover, house sparrow and white-eye. Plant species include orchids, anthuriums, ferns, tangerine and avocado trees and a banana grove. • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not Stacy Higa, Chairman and Members of the County Council Page 5 affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the request to reclassify the property from aSingle- Family Residential 10,000 squaze feet (RS-10) to a Village Commercial 10,000 square feet (CV-10) district would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration, an amendment to Section 25-8-6 (Pahoa Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Fred Galdones, Chairman Planning Commission Lhunt02PC Enclosures cc: Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu aH~~caez-iznsioa COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JEFFREY HUNT CHANGE OF ZONE APPLICATION (REZ 04-028) JEFFREY HUNT has submitted an application for a Change of Zone by changing the district classification from Single-Family Residential 10,000 square feet (RS-10) to Village Commercial 10,000 square feet (CV-10) for 10,410 squaze feet of land. The property is located on the north side of Pahoa Village Road, across from the Pahoa Cash and Carry Store employee's parking lot at Nanawale Homesteads, Pahoa, Puna, Hawaii, TMK: 1-5-11: 10. APPLICANT'S REQUEST 1. Proposed Development: The applicant is requesting the change of zone to renovate an existing dwelling into a retail store to sell surfing, swimming and skate boazding merchandise. The new store will include display cases, a fitting room, handicapped accessible restroom and other changes. No exterior structural changes are proposed. The front portion of the property will be bulldozed for a pazking lot. The parking lot will be paved, if necessary. (Exhibit A -Change of Zone application) 2. Background information: For the past 15 years, the applicant has been making custom surfboards and has donated boards at surf contests at Pohoiki. According to the applicant, he has been encouraged to open a surf shop, as the closest surf shop is located in Hilo. The renovation will commence as soon as all necessary approvals are secured. GENERAL INFORMATION 3. Landowner: Jeffrey Hunt. 4. Proposed hours of operation: Tuesday through Sunday 10:00 a.m. to 6:00 p.m. 5. Employees: Two. 6. Village Commercial Zoning: • Height limit - 30 feet • Minimum building site azea - 7,500 square feet • Setback -front and reaz 15 feet; side yazds none, except where the adjoining building ATTACH: Corrm. 242 (Bill 93) site is in a RS, RD, RM or RCX district. Where the side yard adjoins the side yazd of a building site in these districts, the side yazd must conform to the side yard requirements for dwelling use of the adjoining district STATE AND COUNTY PLANS 7. SLU Designation: Urban. 8. GP LUPAG Map: Medium Density Urban. 9. County Zoning: Single-Family Residential (RS-10). 10. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies within the Coastal Zone Management Area. The property is not proximate to the shoreline, and will not be impacted by coastal and beach erosion. 11. Special Management Area: The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not situated within the Special Management Area. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space reserves, coastal ecosystems, mazine resources or other natural and environmental resources in the area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property: The property is an approximately 10,410-squaze foot property located on the north side of Pahoa Village Road. There is an 18-yeaz old, 864-square foot, one- story, two-bedroom single-family dwelling on the site. 13. Surrounding Land Uses/Zoning: Surrounding lands are in a mix of commercial and single-family residential uses. To the east of the property is a dwelling, vacant lot, and a chiropractor's office. To the south across Pahoa Village Road is the Pahoa Cash and Carry Store, a pazking lot, and a dwelling. The police substation and dwellings are located west of the site. 14. Commercial Rezonings in the Area: TMK: 1-5-11: 12, Ordinance No. 80 556 approved Apri121,1980 for a change of zone from RS-10 to CV-10 for James Kuwana. -2- • TMK: 1-5-1 l: 14, Ordinance No. 72 494 approved July 26, 1972 for a change of zone from RS-10 to CV-10 for Paul Ogasawaza. • TMK: 1-5-11: 15, Ordinance No. 76 222 approved on September 9, 1976 for a change of zone from RS-10 to CV-10 for Raymond Smythe et al. • TMK: 1-5-11:22, no ordinance, approved on October 16, 1968 for a change of zone from RS-10 to CV-10 for James Kuwana. • TMK: 1-5-13: 25, Ordinance No. 81 668 approved on February 10, 1981 for a change of zone from RS-15 to CV-10 Medford Investments, Inc. • TMK: 1-5-13: 26, Ordinance No. 86 107 approved on September 26, 1986 for a change of zone from RS-15 to CV-10 for John Bellman. • TMK: 1-5-13: 35, Ordinance No. 81 706 approved on August 31, 1981 for a change of zone from RS-15 to CV-]0 for John Bellman. 15. U.S.D.A. Soil Type:. rKFD, Keaukaha series which consists ofwell-drained, thin orgazuc soils overlying pahoehoe lava bedroom. Runoff is medium, erosion hazazd is slight. 16. Land Study Bureau's Productivity Rating: Urban. 17. FIRM: Zone "X", an area located outside of the 500-yeaz flood azea. 18. Flora/Fauna: No botanical survey was prepazed, as the entire lot has been grubbed and graded for a dwelling site. Given the scope of work previously conducted and the property's urban setting, no known rare, threatened, or endangered species aze known to inhabit the pazcel or aze expected to be discovered on the site. According to the applicant, there are mice, rats and mongoose on the property. Birds include the cazdinal, doves, mynah, golden plover, house sparrow and white-eye. Plant species include orchids, anthuriums, ferns, tangerine and avocado trees and bananas. ] 9. ArchaeologicaUCulturaUHistorical Resources: No azchaeological inventory survey has been prepared, as the property was previously grubbed and graded to be used as a dwelling site. Similarly, no valued cultural or historical resources exist on the site. No traditional and customary native Hawaiian rights are exercised on the site. By letter dated August 5, 2004, the State Department of Land and Natural Resources Historic Preservation Division stated that residential developmenUurbanization has altered the -3- land, thus "no historic properties will be affected by this undertaking." 20. RecreationaWisual Resources: The proposed use of the property will not negatively impact recreational resources and visual resources to or from the shoreline. No scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 21. Public Access: There is no public access to the mountains or the shoreline that traverses the property. 22. Traffic: Traffic is expected to be minimal as approximately two to six customers are anticipated at one time. UTILTI'IES AND SERVICES 23. Access: Access to the property is from Pahoa Village Road, aCounty-owned and maintained roadway with an approximate 22-foot wide pavement within a 30-foot wide right-of--way. 24. Water: County water is available from an 8-inch waterline along Pahoa Village Road. 25. Wastewater: There is an existing cesspool on the property. The Department of Health has stated that if anon-residential facility is using an existing cesspool which serves 20 or more persons per day, the cesspool is considered a large capacity cesspool. The Environmental Protection Agency requires closure or upgrade of the lazge capacity cesspool by April 5, 2005. 26. Utilities and Services: The closest police station is located on TMK: 1-5-11:12, two lots to the west of the property. The fire station is located inclose proximity to the site. Electric and telephone services are available to the site. AGENCIES' COMMENTS 27. Department of Public Works: Exhibit B -December 14, 2004 Memo 28. Department of Euvironmental Management: Exhibit C -November 9, 2004 Memo 29. Department of Water Supply: Exhibit D -December 9, 2004 Memo 30. Department of Land and Natural Resources Land Division: Exhibit E -November 30, 2004 Letter 31. Departmeut of Land and Natural Resources Historic Preservation Division: Exhibit -4- F -August 5, 2004 Memo 32. Department of Health: Exhibit G -December 3, 2004 Memo APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 33. Exhibit H -December 2, 2004 Letter AGENCIES - NO COMMENTS OR OBJECTIONS 34. Police Department, Fire Department AGENCIES - NO RESPONSE 35. Department of Transportation PUBLIC COMMENTS 36. None as of this writing. -5- ~'HA1~GE F' ~®I~E APPLdI~°~~'I~1®T COUNTY ®F HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: ("'~(,L11 APPLICANT'S SIGNATURE: DATE: I G ADDRESS: PD ~x ~u.v~~ r~~u/~, q 6 ?G O LIST APPLICANT'S INTEREST IF NOT OWNER: / LIST PRINCIPAL(Sp) INCLUD~IVG NAMES OF MAIN OFFICERS: ~C-1 T PHONE:(Bus.) I ~.'(~~f (Res.) (F~ ~~~2 _~~J7 LANDOWNER(S): ' V° ~ r/Lf/// LANDOWNER SIGNATURE(S): DATE: y letter) LANDOWNER(S) ADDRESS: P 1~~-~,~~~n. 1 9 ~ ~6~ ~ D, ONG` S r i REQUEST: Sf1~I8''I"r3 /Y'~-~ f ~ ~5/~y~~/ To ~r~~ ~ ;yrn r~i~/ (Existing nmg) ,t- proposed Z nmg) ~ Si TAX MAP KEY: ~ STREET ADDRF,SS OF PROPERTY: IJ ' cZ ~~3 Q~,I~ I'L'~ ~ O~- I-~~ 96 77~ SIZF, OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: lO DOO AGENT: ADDRESS: s TELEPHONE:(Bus.) (Res.) ~ (Fax) Please indicate t_o fwhom ori/gi~al correspondence and copies should be sent. ORIGINAL: ve~~ ` COPIES: ~ dm ~ (See Instructions on Reverse Side) EXHIBIT a ATTACHMENT , r"!~~ Cbmrrf~a~~~1~~tM, Resort, & Industrial ry~~~ °j fi!~ It ! PLANNING DEPARTNIE~FJT .~i„ ~„'~~~Jl 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? If yes, please answer the rest of question 1 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 have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? i1G c. Sell or lease the land to someone who has no plans? ,I)f'A d. Keep it? e. Other (please state) f. If you intend to do either a, o, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you ` + feel might help us in evaluating) your requesty Gk- , ~l I.y- 5 itI f 1 I ~ Via` i~~' ~'1 ~G~fi ~ /fi ~ 1 /~l / C~ ~C- ~tL 5 h~~ , hd ~ J,~ 1 ~~s, d ~5 1~~ C~e-~s c 10-~-~, r~ rep-c-lC~ n~ ~1-~-,h~ r' rn ae~ a:-~~ h ~ u~ ? J b~ k~ tc,i l ~ s~, l~ j i `rn ei,e ~ ~ Dui-arm.-l c'~z,-- ~n`~~-- ~n,~1~L'~n. fir!!' ~D~~, ~ sal ~ ~ cy ~ ~ 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? If so, please elaborate on your findings in the space provided below. ~1 ~~t,~~c~: et:~" J 1 ~ ~ ~ :r ~ ~~-n s~ ~'~a.-~'~,_ f `7""l-r(~ 1~~~~Y~,~a~ ire i ~~~-zii i,~,~ ~ al ~r t? 1 ~ 5. Have you performed any study which discusses the environmental impacts your request would have on the surrounding area and/or the County? If so, please elaborate on your findings in the space provided below. 6. Are there any buildings on the subject area? ~y~~ If so, what kind? 7"- ~L ~~=c~ ~~f~l"~ ~'1C~ ~.n~ ~ r . . What do you intend to do with those buildings if your request is approved? 7. Is the subject land currently being used for any Ar agricultural activitity? T'9`~/ If so, please list the kinds of products grown and on how many square feet or acres of land per product. -3- 8. 7o your knowledge, has there been any flooding and/or l drainage problem on the subject area? If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? r`°" If so, what kind? Is the road adequate for the proposed traffic volume or load? ti,,c S 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools b. Roads c. Sewer d. Drainage e. Police Protection e f. Fire Protection g. Recreational Facilities h. Public Utilities i. Other V - e -4- For those checked ~~yes,~~ please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. Signature: ~2~~ Address: ~ ~ / ~ / ' /p~rr,~/ Telephone: ~ ~s'~/~ 4J ~ ^'~~t Date: ~T-=- S-"C~~ ~ Cif pj'~,~ ~ ~~J - ' Li ~ l~ ~~L~ /~e~ -5- 6338A/SOA P _fl . 5/F34 STATE LAND USE AND COUNTY CHANGE ^~;s, OF ZONE REQUEST Curreht Zoning -Single Family Residential 10,000 Sq. Ft. to Village Commercial 10,000 Sq. Ft. Tax Map Key: 1-5-10-11 General Background and Location: The applicant, Jeffrey W. Hunt, is requesting a State Land Use zoning change from Single Family Residential (RS-10) to Village Commercial 10,000 (CV-10). The subject property consists of a 920 sq. ft. 2 bedroom home, a carport, and a large, old antherium farm. It is located in the Nanawale Homesteads, Lot 19, Grant 4729 (being a portion thereof), Pahoa, containing an area of 10,410 sq. ft., more or less. The address is: 15-2883 Government Rd., Pahoa Village, Hawaii, 96778. Properties directly to the north of my property are: the former Best Video Store, The Pahoa police Station, a residence, the 7-11 Store, two properties that rent to vacationers, 2 residences, and the Pahoa Post Office. Properties directly to the south of said property are: a residence, 2 vacant lots, a Chiropractic Office, a condemned building, and a vacant lot. Properties directly across the street are: a parking lot for Cash and Carry Market, and to the south, the Cash and Carry Market, First Hawaiian Bank, Bank of Hawaii. To the north are: a residence, several small stores, and the Black Rock Cafe. Directly above and across the street is the Pahoa Community Swimming Complex, the Pahoa Community Center, and the Pahoa Fire Station. The purpose of this request is for me to open a small Surfboard Retail Store. Project Description: I am proposing to remodel the existing home into a Surf Board and Accessories retail store to accommodate the needs of a store such as racks, shelving, display cases, a fitting room, enlargement of bathroom to accommodate the handicapped, and other appropriate changes. There will be no outside structural changes to the existing building. For the past 15 years, I have been making custom surfboards, and have sold all of them to our local citizens, with regular repeat orders. I've been encouraged by many people to open a surf shop in Pahoa, as there are none, except 3 or 4 in Hilo, which is approximately 22 miles to the north of Pahoa. There is a definite need of this kind of store in Pahoa! The shop will offer all of the things necessary to surf, skateboard, swim, and bogey board, such as: swimsuits, fins, goggles, boards (surf & bogey), skateboards and accessories, leashes, beach wear, and an original line of beach wear. I am very motivated to open a fine store, offer- ing affordable and quality merchandize, hoping to sell as many items made in Hawaii as possible! I hope to open the store as soon as the zoning is passed, hopefully within the next 6 months. The store hours will be: Tues.-Sun., 10 a.m. to 6 p.m. I will employ two persons. The front of the lot will be bulldozed to make a parking lot as there is a large lava mound on the south front side. There will be as many spaces as possible, as suggested by the Statewide Design Manual, including a Handicapped space. Institutional Considerations: County General Plan -the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, designates the area for Medium Density Urban uses. Under the Medium Density Urban Density Urban designation, the proposed zoning could be considered without a General Plan Amendment. Zoning Code -The subject parcel is zoned Single Family Residential - 10,000 sq. ft. (RS-10). This request is to rezone said area into the Commercial Village (CV-10). Special Management Area- The site is not within the Special Management Area (SMA). Infrastructural Considerations: Roadways/Access -The property is on Government Rd., with easy access. The width of the property is 50'. The current driveway is 18'. According to the Statewide Design Manual, the new parking lot will conform to those standards. I am unable to access the impact on traffic. Water -Water in this area is available from the County water system, currently servicing my property. Sewage Disposal -The property is currently serviced by the cesspool system. Utilities - HELCO provides the electrical service, and propane is used for the stove. Fire/Police Protection -Fortunately for me, the police station is 2 properties to the north of my property, and the fire station is about 1 block to the southwest of my property. Environmental Considerations Soils -The property was ripped when the house was built in the 1980's. On the front south part is a lava mound. Behind the house and carport is a large old antherium farm with soil additions and compost supporting the growth of Hapus, various ferns, 3 citrus trees, and a banana grove. It isn't classified on the State's Agricultural Lands of Importance to the State of Hawaii (ALISH) system. No impact is expected on agricultural land resources by the proposed zone change. The parcel is located at the 350 ft. elevation above mean sea level. Annual rainfall averages between 150 to 175 inches. Drainage -The Flood Insurance Rate Map (FIRM), prepared by the U.S. Army Corps of Engineers, delineated the area to be in Zone X, an area out- side the 500 yr. flood plain. Animal and Plant Life -Fauna include mice, rats, cochi frogs, and an occassional mongoose. Local birds include the Cardinal, Doves (barred and spotted), Mynah, Golden Plover, Pueo, Ricebird, House Sparrow, and White-Eye, As stated above, the plants are orchids, antheriums, 3 fern species, tangerine trees, 2 avocado trees, and a banana grove. Archaeological Features - As stated above, the property was ripped and dozed when the house was built in the 1980'x. Nothing of archaeological value was found on this site. Justifications For State Land Use Request The property is located amongst mostly commercial sites, with a minority of homes, as mentioned in the first part of this request. To rezone to Village Commercial would seem congruent with the rest of the area. It is located in an area close to places of employment and other public services, most notably the Pahoa Swim Complex, the Police Station, and Fire Station, 2 banks, and about 10 businesses, as well as the Pahoa Post Office. The property is relatively free of any significant and or insurmountable development constraints. There is no history of flooding or unstable ground or soil conditions. It is part of a logical extension of the urban area. I believe the Surf Shop will not contribute towards a scattered land use pattern. Government services will not have to be further extended to this area, as they are already provided. Justifications for the County Rezoning Request Conformity to the General Plan LUPAG Map - As noted earlier, the General Plan LUPAG map designates this area Single Family Residential. Under the Alternate Urban Ex- pansion designation, the proposed zoning could be considered. Relationship to Commercial Element of the General Plan - The General Plan document has a number of applicable land use and commercial policies, which include the following: Land Use Policies Zone urban -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Land Use -Commercial Development Goal - to provide commercial developments that maximize convenience to users, and to provide commercial develop- ments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policy -Distribution of commercial areas shall best meet the needs and demands of the neighborhood, community and regional needs, and designed in such a way to fit into the locale, thereby minimally intruding, while providing the desired services. The appropriate infrastructure and design concerns should be incorporated in the review of proposed development. Course of Action (Puna) -The centralization of commercial activities in Pahoa shall be encouraged and appropriately zoned lands shall be allocated as the need arises. I believe that my rezoning request and location wouldn't be inconsistent with the goals, policies, and courses of actions mentioned above. As there are no other surf shops in the vicinity of 22 miles, and the major surfing spot for lower Puna is Pohiki State Beach, 8 miles southeast of Pahoa. In addition is the Pahoa Community Swimming Complex. My shop will offer products that people would normally have to go to Hilo to purchase. It will be convenient to all of the sports minded citizens of this area. As stated before, I've been making and selling my boards for 15 years, and a Surf Shop is a natural outcome. I donate my boards at all Surf contests at Pohiki, and even had a team 5 years ago. The district of Puna is one of the fastest growing areas in the state of Hawaii, thus there will be more people needing the products my store will offer. In addition to the large shopping center currently being built at the north end of Pahoa, a small retail surf shop, creatively done, will add a special charm to the Pahoa Village. We will serve the com- munities of Hawaiian Beaches, Leilani Estates, Nanawale Es- tates, Kapoho, Orchidland, Paradise Park, and to the south Seaside, Opihikau, and Kalapana. A surf shop is compatible with the surrounding areas, with all of the reasons previously `stated. Another plus is that, hopefully, there won't be a~q added infrastructural burdens to the County for my project, as all utilities and services are already in place. As to the Government Road and the traffic impact, I have full confidence that the requirements of the Statewide Design Manual for my parking lot will have a low impact on the traffic generated. I anticipate no On-Site Development Issues, as there are no known rare or endangered plant or animal species on my property. There are no known historical sites on my property as evidenced by the clearance of the Historical Preservation Division, dated Aug. 6, 2004. There is no history of flooding or drainage problems. Thank you very much for your consideration of my project. Jeff Hunt sv~o,~tns ~ ~ By ~ ~W.~~ To order ca[( i' (8~8) 968-6439 P~~. Box 557 $wtistown Hawaii 96760 Attachment to Change of Zone -_T~II~?~-~~1~-010 Jeffrey Hunt -Owner ~ ~ t `{ff A. SUBJECT REQUEST ` ` ?1 1. Details of Proposed Use /Development a. Project description: Surf Shop -This shop will offer quality and affordable merchandize to many people. It will sell custom made surfboards, which I've been making for the past fifteen years, surfing accessories; skateboards and accessories; swimming accessories, and original clothing, in addition to popular name brands. I am committed to offering as many Hawaiian made items as possible! The house will be modified slightly to accommodate room parti- tions, shelving, display cases, fitting rooms, surf racks, and other necessities of a surf shop. I plan to do the carpentry myself as I have been a builder for 27 years in Hawaii. b. As I make custom boards, I need an attractive place to sell them! Over the years, I've spoken with many people who have said that Pahoa really needs a surf shop! Since there has been so much growth in the Pahoa area, there is more of a need, as the closest surf shop is in Hilo. Since so many people surf, skateboard, swim and snorkel, it would great to have a convenient store nearby with the things they need for their recreation. My shop will be very attractive and low key. It WONT become a "hang-out for the locals, but a cool place to visit when they need something. c. The property is approximately 10,000 sq. ft. with the house covering over 900 sq. ft. The shop will occupy the house, and the first 2/3rd's of the property will provide parking near the shop. I believe I spoke about item d. in a. e. I will begin remodelling when the rezoning is completed. The planning dept. estimates that the time will be around 3 to 6 months from the date of submittal, which will be in August, 2004. f. I will be working at the shop until such time I can afford to hire someone. I estimate that approximately 2 to 6 people at a time will visit my shop. g. I've planned 3 parking stalls in front of the building. One stall will be designated "handicapped". If necessary, I will pave the parking area. h. There will be "minimal" traffic impact, as there will be sufficient parking space, and it's location is within the anticipated public parking nearby. i. none j. none Attached is a very simple map of the area in which my property is located. It shows that most of the buildings are used for commercial purposes. I feel that my location is excellent because of the community pool, the proposed skateboard park, and down- town Pahoa. Also being so close to the Police is an enormous comfort to me, as well as the Fire Dept. Thank you so much for your help and consideration in my special "dream" of owning a successful Surf Shop! In Gratitude, Jeffrey Hunt t ~ ~ 4 g ~1 ~1 i f ~ ~~r~ 1% ~ ~ - r ~ ` ~ 1 DAP i3 1 . ~ ~ v, ,5 ~ a. Se ~ ~ r i i; i 1' t ii. 'r'x 5 ,~'a_ S~~ ~ ~,~(3 : ~ t T ~.~.w. , j rti- ~ , i II r 0. i N 4 N C y_ I is ~ i~ ~ ~ 1 ~S -C 'I~ ~ is i ~ ~ ~ ~ i; d l 1 i ~ __I T~~~ } ~ ~ ~ r-- F i } 5i0 J I ~ ~ i ~ n i Inr ~ i i ~ _ _ i - s~.~o Kapo~o E Go~gar~ ~ '1 d _ Q~ - ,d ® p~ ~ a ~ ~ ~ tc , { 4 s o a., Y i x ~ zid~EEk "i,~ I T' ~ .nf =z; t~ ~ . ~ ~ © ~k ~ ~ ~ ° ~ ` a i` r ~dT 'l~ .a 1, ina ^ ~ C EiT ~ _1 _ °v ~ ~ w nl ° ~ ~ Ala ~ Q S ° ~ g Q ' ;iii ea{# ~ Ei v ~ d3s~ g ~ O © •°„z M f'~"' I a k + t~ a ~ Y a 3 4,1.3..0 ~ o.oa>, ~ , d ~d ~ ~ e L 0 q V 0 j 5 - ~ 'a - y GzLT'~A'//'hr] i, __1 ~ , ° vim' ~ ~ ~ n\ V' fA ~ A ~ N~ * ~A ~ ~ ~ d i ~vl a~~ ~ ro S ~ d CfD N ~ ~ ~ v ~ S~f~~ rI S 2 ~ . , ~D r" ~ ~ / i Q ! O .p'~a D O ~ '~l OI~ ~ ~ 'G~ _0 4-~ a Qi v ~~I~ 2T42~3o' oN t goo NBC ~ o m O o ~ J1 u7 ~ ~ _ O _ ~ ~ ~ ~ b O ~ ~ ~ c ~I O ~ ~N ~ ~ 0 ~ ~ A ~ '~A ~ ~ Q , z o F 1 i _ c - ~ - ~ V" ~ ~ z , G_ f - - - ~ z. ~ ~ ~ ~ ~ 11 . I - - - ~ . fir. - ~i - C~ r . _ d I~C'___ ~ ~ C 1 q.. _ _ _ _ _S~. ~ _ ' ~ ml- a - - _ - _ .ca- 1 - ?F x- r c4 a -o `S- v G - r ~ ~ _ - - ~ -o ~ ~ ~ - ~ ~ ~ l L OX _ _ I -T i - ~ ~ g e_ I _ ~ ~ S : _ ~r - _ " - - - - - - - - - _ ~ - _ - - - - , F _ r - ~ - T _ _ ; - - \ L _ _ ~ j ~~1~- - SCI F~'"~ _ ,\R; _ ~ ` - I - ~ - - - - - to ' - ~ ~._z. --c-. - L- - ~ ~ n ~ ~I I ~ _ T! s - L - ~ - - - - - 'S - I - i - - -J ~ ~ . ~ 1 ~ ~ ~ ~ ~ 2 ~ ~ ~ r ~ ~ , ~ ~ - ~ - DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: December 14, 2004 l~/L.~iild~LR.IL~Lik i TO: Christopher J. Yuen, Planning Director FROM: ~or Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-028) Applicant: Jeffrey Hunt Request: RS-10 to CV-10 TM K: 1-5-11:010 We have reviewed the subject application forwarded by your memo dated November 8, 2004 and offer the following comments for your consideration. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study should be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. Pahoa Village Road is a County owned and maintained right-of-way. Our record indicates the pavement width in the area is approximately 22' wide within aright-of-way of approximately 30' width. The Facilities Map indicates Pahoa Village Road as a proposed secondary arterial. A single driveway connection to Pahoa Village Road will be allowed and it shall conform to Chapter 22, County Streets, of the Hawaii County Code. The proposed paved parking adjacent to Pahoa Village Road (referred to as Government Main Road) as shown on the application's plot plan should be rearranged such that each parking space shall be reached from an on-site access driveway of proper design and width to allow for the passage of vehicles and the necessary turning movements (refer to Section 25-4-54); i.e., vehicles will not be allowed direct access from Pahoa Village Road into parking spaces, nor will vehicles be allowed to backup into oncoming traffic traveling along Pahoa Village Road. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. 5 X +u. ~7, r KG EXHIBIT B County of Hawaii is an Equal Opportunity Provider and F,mploycr ,NiY Of Hew [ Y~ J .a ~~1~ihp•~ Harry Kim Barbara Bell ,Ma}'or - Directnr °i ~^'J "+f od~""~ Nelson Ho y Deputy Director L~~l 4'-.,Iii f'~'f ~ f r l'lIIlill'~~1 itl, ~2Ifll~Iii DEP.4k'3'!Il4ENT OF ENVIRONMENTAL MANAGEMENT - - ~.ii 25 Anpuni Street, Room 210 ~ Hilo, Hawaii 96720-4252 (SOS) 961-8083 ~ Fax (808) 961-8086 M~MORAND UM Date November 9, 2004 To CHRISTOPHER YIJEN, Pla ~ i D' ector From BARBARA BELL, Directo>Q' SUBJECT: Change of Zone Application (REZ 04-028) Applicant: Jeffrey Hunt Request: RS-10 to CV-10 TMK: 1-5-11:10 We have reviewed the subject application and offer the Following recommendations: DEPARTMENT COMMENTS: WASTEWATER DIVISION: N/A ( ) 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. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. ( )Other: SOLID WASTE DIVISION: ( ) No comments (x) Commercial operations may not use transfer stations for disposal. (y) Aggregates and any other construction demolition waste should be reused to its fullest extent. (x) Ample room should be provided for recycling. Greenwaste maybe disposed of aC the drop sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (x) Other:_y_-.. v `r~__ t 61.1 bEMt~t tl'l0 AI WA.,ST~ IS ^e~ to "mac, ~T C£,t,n[rY 7re~uS ~F f~tri4TtC~le~ cc: SWD Gaza Hnwni ~i County is an equal opportuniry provider and employer. EXH^I /B'T 61 l1AIfA' t`' f~°e o"' 19 a9 o~ s° i~~~~i~ a i1,'li~d~9 0 ~rV~~T~~ ~tD~~f~1~ ~ ~G~~htl~°"P 9~/sAVIliI~V`B y'~Of flAtlF11,PF 3h5 ICE 4: U,4NA0'A STREET, SUITE 20 e i-IILQ HAW AI'I 9^0720 ~{Cl TELEPHONE (808) 981-8050 ~ EAX (80,8.k'>a &1~~fr8 gp S{ r,~~ 1 d 1..~., December 9, 2004 ' TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-028) REQUEST: RS-10 TO CV-10 APPLICANT -JEFFREY HUNT TAX MAP KEY 1-5-011:010 We have reviewed the subject application for a change of zone and have the following comments and conditions. Based on the prevailing water situation in the area, water can be made available from an existing 8-inch waterline along Government Road (Pahoa Village Road) that fronts the property. A 5/8-inch meter currently services the parcel, which is restricted to a daily maximum of 600 gallons. Therefore, the Department has no objections to the proposed application subject to the applicant understanding and accepting the following conditions: 1. Consult with the Fire Department for any fire protection requirements. The existing 8-inch waterline has a theoretical fire-flow capacity of 1,500 gallons per minute. The nearest fire hydrant is on Government Road, approximately 225 feet from the property. 2. The Department understands that the applicant's consumption will not significantly change with the use and will continue to be under the daily maximum of 600 gallons per day. However, the Department reserves the right to have the property owner install a larger water meter, at their expense, should future water consumption necessitate it. 3. The applicant shall install a Department approved backflow preventer (reduced pressure type) on the subject property just after the meter. A licensed contractor shall install the backflow preventer within 90 days of the effective date of the change of zone. The installation and assembly of the backflow preventer must be inspected and approved by the Department. The backflow preventer shall be operated and maintained by the customer. A copy of our backflow preventer handout is being forwarded to the applicant to help them understand this requirement. EXHIBIT ~ ;;u,,, l~l~«er F7MG/2cYd ~rnc~redd... -j/ The Department of Water Supply is an Equel Opportunlry provider and employOer To file a romplaml of dlscriininatlon, wnle-USDA, Direcior. OHice of Civtl Rlghls. Room 326-VU, Whitten Bmltling, 14th antl Independence Avonue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and l-DU) Mr. Christopher J. Yuen, Planning Director Page 2 December 9, 2004 Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, ilton D. Pavao, P.E. Manager SHK:sco copy - Mr. Jeffrey Hunt PETER T.YOUNG 4E Of NIA C1IAMPERSON 4Y \,~,ID I~ gOARO OF IAtA AND N~7IIVLL RESd1RLE8 LINDA LINGLE ° V~ ' ~ !•pMMi551DN ON WATER RESDURCE MwMNADEEAEM GDVERIAROF INWM ~ ~)p/7~ • ~ DAN DAVIDSON ~ ~ OEPVfY DnERDR.1N11 ~a~RP~ ~1; ' ~ DEaIfIY OnECTOR•WATER fi~~Dnd and n~., y ' 1 1~ ~ I ~;)il.- ~Jp AIXMTIC RESOUIIQS y ...v ~9MTING ANO OCEAN RECREAIIDN C STATE OF HAWAII~`~ ! B~,RE.A~a~DfA~EY^"~ES ~ SSION ON WATER PESOURCE uWA4EaEM 8 a DEPARTMENT OF LAND AND NATURAL RESOURCES cDNSeDm:iia~N~ ~sou~aa ENfo~RawENr LAND DIVISION ENDWEERING fOREETRY AND WR0.FE _~,_,,~f POST OFFICE BOX 621 wsonK PREEERYATION S HONOLULU, HAWAII 96809 AugOIAWE LSUxO RESERVE COAE.RSSION °`~YtlC~ember 30, 2004 srATE~fARxs REZ 09-028.RCM LD-NAV JE FFERY HUNT _ Honorable Christopher J. Yuen Planning Director County of Hawaii Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: SUBJECT: Change of Zone Application Authority: County of Hawaii Planning Department I.D. No.: REZ 04 028/Jeffery Hunt Request: RS-10 to CV-10 TMK: 3`d/ 1-5-O11: O10 Thank you for the opportunity to review and comment on the subject matter. , A copy of the document pertaining to the subject matter was distributed or made available to the following Department of Land and Natural Resources' Divisions for their review and comment: - Division of Forestry and Wildlife - Engineering Division - Division of State Parks - Commission on Water Resource Management - Office of Conservation and Coastal Lands - Land-Hawaii District Land office Enclosed please find a copy of the Engineering Division comment. Based 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 Nicholas A. Vaccaro of the Land Division Support Services Branch at 1- 808-587-0389. Vernny~~t__ruly yours, W~~~ DIERDRE S. MAMIYA Administrator EXHIBIT ~~.~~11 C: HDLG PETER T. YOIRifi `E Of •y ` OuSIFERSGN ~ f . Ewno a wo ruo N+TIRNL RESala~a LINDA LINGLE j ~ 'C1 e Opµu551pN pN WATER PESOIRKE WNM:FIEM cwEw~oR a ruw,u ~ ~ . I ~ DqN pAYR130N ' ' oEFUnowECTaR.wo WONNE r. au ~rn: : e pER/1Y 0EECIpI•wATER ( I~.~, I.'J! I ~ C.~ ~ ~ ~~'ERR V *OUATK RESQJIiQE y SDITNG MO OCGM REGF/~1gN fi~~~ F STATE OF HAWAII M1AFA00F~•""~ GOw.SSSgR ON WRIER RESOURCE MMIRGEIENf o DEPARTMENT OF LAND AND NATURAL RESOURCES corsEia**fn~~ suEra~owauEr>r LAND DIVISION ENGMEERNG FOPE5IRY MD WRDUFE POST OFFICE BOX 621 NEiiORIC FRESERV*iION Sw.,lw+^r" HONOLULU, HAWAII 96609 sure vfwa November 15, 2009 LD/NAV Ref.: REZ 04-02B.CMT Suspense Date: 11/27/O~g MEMORANDUM: r TO: *XXX Division of Forestry & Wildlife U'1 *XXX Division of State Parks Q *XXX Commission on Water Resource Management ~ W XXX Engineering Division ~p,,a *XXX Office of Conservation and Coastal Lands E5 XXX Hawaii District LandKwfO~f~/f°i~c~?e FROM: Dierdre S. Mamiya, Administrator Land Division SUBJECT: Change of Zone Application Authority: County of Hawaii Planning Department I.D. No.: REZ 04 026 Applicant: Jeffery Hunt ' Request: RS-10 to CV-10 TMK: 3`d/ 1-5-011: 010 Please review the subject application and submit your comments (if any) on Division letterhead signed and dated by the suspense date. *Note: One copy of the document is available for your review in the Land Division Office, Room 220. Should you have any questions, please contact Nick Vaccaro at 587- 0389. If this office does not receive your comments by the suspense date, we will assume there are no comments. ( ) We have no comments. Comments attach ` Division: Signed: l7 Py a Name: ERICT.HIRANO,(HIEFENGINEER Date: llEPARTMEN'F OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LA/NAV ReL: 12EZ 04-028.CMT COMMENTS O We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone _ (X) Please take note that the project sites according to the Flood Insurance Rate Map (FIRM), are located in Zone X. The National Flood Insurance Program (NFIP) does not have any regulations for development within Zone X. O Please cote that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is _ O Please note that the project must comply with Hre roles and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587-0267. Please be advised that 44CFR indicates [he nvnimum standards set forth by the NFIP. Your Conununity's local flood ordinance may prove to be more restrictive and thus take precedence over [he minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: O Mc Robert Sunrimoto at (808) 523-4254 or Mr. Mario Siu Li at (808) 523-4247 of the City and County of Honolulu, Department of Planning and Permitting. O Mr. Kelly Gomes at (808) 961-8327 (Hilo) or Mr. Kiran Emler at (808) 327-3530 (Kona) of the County of t lawaii, Department of Public Works. O Mr. Francis Cerizo at (808) 270-7771 of the County of Maui, Department of Planning. O Mr. Mario Antonio at (808) 241-6620 of the County of Kauai, Department of Public Works. O The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. O The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the Stale Water Projects Plan Update. O Additional Comments:._ _ _ O Other: Should you have any questions, please call Mc Andrew Mmrden of the Planning Branch at 587-0229. Signed: L _L!L ~L~~' ' E T///~-1IyRANO, CHIEF ENGINEER Date: ~~C [ ? <EY, o F•+.Hq PETER T. YOUNG LINDA LINGLE ~ 1 D ~ v CHAIRPEgSON a BOARD OF LANG ANO NATURAL 0.ESOURCE3 GOVERNOR OF HAWAII ~ COMMISSION ON WATER RESOURCE MANAGEMENT t DAN OAVIDSON / r ~ yyjj 7 DEPUTY DIRECTOR-LAND r=)~~~ ~h r t~ y ~1W ~ =il:/ t ~fi)I l ? ERNEST Y.W. LAU ~o(~^d ~"N3~~-` 1 1 1 1 1 ?•L ~tlRWI 1 j y<.Ir 4 ~ DE ~TV DIRECTOR-WATER dl J.V ~~l `1 IAOUATIC RESOURCES Ji i;~--" ~ - BOr~TING AND OCEAN RECREATION _I ,r-i\II STATE OF HAWAII ( ~ BUJZ~XDDFDDNVEYANDES ~,~1 ~ - ( L / ~ II COMM14~I1~N0 WATER RE90URCE MANAGEMENT CONgg~~pp~ATION AND COASTAL LAND4 bEPAR1' ~NT OF LAND AND NATURAL RESOURCES CONSERVAMCN ANO RESOURCE4 ENFORCEMENT .r'~T,- ENDINEERING sT~N, D/Na+l'~ ~ HISTORIC PRESERVATION DIVISION-~ wsronlc vaESeava IroN AUgUSt 5, 2004 KAKUHIHEWA BUILDING, ROOM 555 KANOOLAWEI4L1N00.ESERVE COMMIS410N 601 KAMOKILA BOULEVARD uND STATE PARR4 KAPOLEI, HAWAII 96707 HAWAII HISTORIC PRESERVATION LOG NO: 2004.2277 D[VISION REVIEW DOC NO: 0408JK10 Applicant/Agency: Jane Foster/Jeff-rey Hunt Address: P O. Box 557 Kurtistown, HI 96760 Project: Chapter 6E-42 Review (County) Planning Consultation for Re-zoning Application Residential to Commercial Location: Nanawale Homesteads, Puna, Hawaii Island Tax Map Key: (3) 1-5-O1 I:O10 I . We believe there are no historic properties present because: a. intensive cultivation has altered the land X b. residential development /urbanization has altered the land _ c. previous grubbing/grading has altered land d. an acceptable archaeological assessment or inventory survey found no historic properties e. other: 2. This project has already gone through the historic preservation review process. _ _ a Mitigation has been completed b. other: X Thus, we believe that "no historic properties will be affected by this undertaking. I . L.. ~ -n~' Signed'. , f ~ , ; -~~~-<< ~ Date ~P ,~Y~istoric Preservation Divist' ~ ona Jeanne M Knapp Cc: Chris Yuen, Hawaii County Planning Department Kai Emler, Hawaii County Department of Public Works EXHIBIT 1E~: ~~9 4~ 9~\~ LINDA LINGLE ; CHIVOME L FUKINO, M.O. GOVERNOR ~ pIRECTOR OF HEALTH STATE OF HAWAII r'~ ~ rys 1 ct DEPARTMENT OF HEALTH eo. eox s1s HILO, HAWAII 96721-0916 - - MEMORANDUM DATE: December 3, 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 04-028) Applicant: Jeffrey Hunt Request: RS-10 to CV-10 Tax Ma Key: 1-5-1 1:10 If anon-residential facility is using an existing cesspool which serves 20 or more persons per day, the cesspool is considered a large capacity cesspool (LCC). EPA requires closure or upgrade of the large capacity cesspool by April 5, 2005 or the owner could face enforcement action by EPA, including a fine of $32,000 per day per cesspool. WORD:REZ04-028.my r~ . EXHIBIT C1 Dec. 2, 2004 Mr. Christopher J. Yuen LL7~y PFD I5 12f Planning Director ~~~~~~`~~~T~'~' ~ _ ~ . ~,:;FNT ~~i- Re: Change of Zone Application (REZ 04-028) ~ ~ j~~~tf'/I Jeffrey Hunt-applicant Request: RS-10 to CV-10 ' Tax Map Key: I-5-11-SO Dear Mr. Yuen, This letter is to acknowledge receipt of your letter dated i1-18-04, regarding recommendations from both the Planning Department and the Dept. of Environmental Management. Solid Waste Division: I. We will abide by your recommendation not to use transfer stations for disposal. 2. Construction/demolition waste - we plan to utilize as many items as possible to its fullest extent, in remodeling the residence into a retail shop. 3. We believe in recycling, and have the space to store materials planned to be reused in the shop. ' 4. We will utilize the drop sites in the Hilo transfer station should we have greenwaste. 5. We recognize that both construction and demolition waste is pro- hibited at the county transfer stations. We hope this letter provides the answers to your concerns. Please advise us if you have any other questions. Thznkyou for your consideration. In Gratitude, Jeff Hunt Jeff Hunt Surfboards-Hawaii cc: Ms. Barbara Bell, Director of the Dept. of Environmental Manage- ment EXHIBIT ~;~~sz RHuntR):.L.doc - 1?l28/04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JEFFREY HUNT CHANGE OF ZONE APPLICATION fREZ 04-0281 Upon careful review of the request, the Planning Director is recommending that a favorable recommendation of the request for a Change of Zone be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to Village Commercial 10,000 square feet (CV-10) for approximately 10,410 squaze feet of land. The applicant intends to renovate an existing dwelling into a retail store to sell surfing, swimming and skate boarding merchandise. The new store will include display cases, a fitting room, handicapped accessible restroom and other changes. No exterior structural changes are proposed. The front portion of the property will be bulldozed for a parking lot. The pazking lot will be paved, if necessary. For the past 15 years, the applicant has been making custom surfboards and has donated boazds at surf contests at Pohoiki. According to the applicant, he has been encouraged to open a surf shop as the closest surf shop is located in Hilo. The renovation will commence as soon as all necessary approvals are secured. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similaz azeas in the County. The proposed request from Single-Family Residential (RS-10) to Village Commercial (CV-10) conforms to the goals, policies and standazds of Land Use (Commercial) and Economic Elements of the General Plan. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested change of zone to a CV-10 district conforms to the LUPAG Map, which designates the property and its immediately surrounding azea as Medium Density Urban. Such designation may allow village commercial uses, including office uses. Therefore, the requested Village Commercial zoning is consistent with the Medium Density Urban designation on the LUPAG Map for this azea of Pahoa. Recent commercial rezonings in the azea include: • TMK: 1-5-11: ]2, Ordinance No. 80 556 approved Apri121,1980 for change of zone from RS-10 to CV-] 0 for James Kuwana. • TMK: 1-5-11: 14, Ordinance No. 72 494 approved July 26, 1972 for change of zone from RS-10 to CV-10 for Paul Ogasawaza. • TMK: 1-5-11: 15, Ordinance No. 76 222 approved on September 9, 1976 for change of zone from RS-10 to CV-10 for Raymond Smythe et al. • TMK: 1-5-11:22, no ordinance, approved on October 16, 1968 for change of zone from RS-10 to CV-10 for James Kuwana. • TMK: 1-5-13: 25, Ordinance No. 81 668 approved on February 10, 1981 for change of zone from RS-15 to CV-10 for Medford Investments, Inc. • TMK: 1-5-13: 26, Ordinance No. 86 107 approved on September 26, 1986 for change of zone from RS-15 to CV-10 for John Bellman. • TMK: 1-5-13: 35, Ordinance No. 81 706 approved on August 3l, 1981 for change of zone from RS-15 to CV-10 for James Bellman. Surrounding lands aze in a mix of commercial and single-family residential uses. To the east of the property is a dwelling, vacant lot and a chiropractor's office. To the south across Pahoa Village Road is the Pahoa Cash and Carry Store, parking lot and a dwelling. The police substation and dwellings are located west of the site. Access to the property is from Pahoa Village Road, aCounty-owned and maintained roadway with an approximate 22-foot wide pavement within a 30-foot right- -2- of-way. In the interest of traffic safety, a condition will be included allowing no direct access from Pahoa Village Road to the parking spaces. According to the Department of Water Supply, County water is available from an existing 8-inch waterline along Pahoa Village Road. Police services aze available from the County's Police Station located two lots west of the property. Fire and emergency services aze available in Pahoa town. Electricity and telephone services aze available to the site. The request would complement a policy of the General Plan in which "Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems....." In addition, the property is located in the commercial core of Pahoa town. The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone "X," azeas determined to be outside of the 500-year flood plain. There aze no significant drainage ways that adversely affects the project site. While there are no indications of surface water flow on-site, the applicant will be required to abide by all applicable County guidelines for run-off generated by the development. The entire site has been grubbed and graded as a dwelling site. Given the scope of work previously conducted and the property's urban setting, the presence of any known raze, threatened, or endangered species or endangered floral and fauna species is remote. Likewise, the existence of azchaeological sites within the property is unlikely. By letter dated August 5, 2004, the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD) stated that residential development/urbanization has altered the land, thus "no historic properties will be affected by this undertaking." The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is not proximate to the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is -3- not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai U Ka ilina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kaznaaina accounts of the azea, historical survey of documentary records, or botanical study was included in the application. The DLNR-HPD has stated that residential developmentlurbanization has altered the land; thus "no historic properties will be affected." • The valued cultural, historical, and natural resources found in the rezoning area: According to the applicant, there are no valued cultural, historical and natural resources found in the rezoning area. The property was previously disturbed for the construction of a dwelling. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by construction or ground alteration. Given the scope of work previously conducted and the property's urban setting, no known rare, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. According to the applicant, there aze mice, rats and mongoose on the site. Birds include the cazdinal, doves, mynah, golden plover, house spazrow and white-eye. Plant species include orchids, anthuriums, ferns, tangerine and avocado trees and a banana grove. • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the request to reclassify the property from aSingle- Family Residential 10,000 square feet (RS-10) to a Village Commercial 10,000 squaze -4- feet (CV-10) district would result in an appropriate land use pattern and fiirther benefit the general public. The accompanying draft bill to amend Section 25-8-6 (Pahoa Zone Map), Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- COUNTY OF HAWAT`~, ~ STATE OF HAWAII BILL NO. (PLANNING DEPARTMENT) ORDINANCE NO. AN ORDIlVANCE AMENDING SECTION 25-8-6 (PAHOA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO VILLAGE COMMERCIAL (CV-10) AT NANAWALE HOMESTEADS, PUNA, HAWAII, COV"EKED BY TAX MAP KEY 1-5-11:10. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-6, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Nanawale Homesteads, Puna, Hawaii, shall be Village Commercial (CV-10): Beginning at a point at the southwest corner of this lot, being also the east comer of Lot 10 and on the northerly side of the Government Main Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "VILLAGE FLAG", being 1219.11 feet South and 1678.64 feet East and running by azimuths measured clockwise from True South: 1. 207° 40' 209.14 feet along Lot 10; 2. 304° 58' 52.00 feet along Lot 34; 3, 27° 42' 30" 195.00 feet along Lot 8; 4. 109° 20' 52.00 feet along the North side of Govenunent Main Road to the point of beginning and containing an area of 10,410 square feet, more or less. -1- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- A-5a A-5a/" ~ A-Sa A-Sa A-Sa Pahoa By-Pass Rd. A-5a A 1a ~ ~ ~ Rahoa BY Pass Rq A-~ ~i_"~ A Sa A-5a ~ A-~ _ ~ ~ ~ S ~ 1 A-fa - R 40 A-fa - AR 1W?a oa5 d.R - a A-fa I - ~A-fa ~ _ _ - ~ -a - - ~ I -O- A4x a - ~ _ ~ A-fa 0 y _ m _ _ m 0 3 T V-10 A-fa r v r - _ ~ RS-10 ' _ -_r. I -RS-1 d - - P oa V Ila Rd. R -15 R -15 R -10 I I RS- 0 0 V-~U (J p n s C p R RS- 0 l;~V-10 - RSiB-~~ I I R -f0 /-GK12 - V- ~ 5-10 / 1 ~Ij__-__- _ - \ -10 - ~ / RS- 0 V. / ~ RS-f0 0 ~ n ~ ~ ~ R - 0 ~ CV-10 ~J _ i R -15 RS 15 C -10 CV 10 c P hoa Vill a d. I S f0 I C f0 _ 7f OH I -ter-- ~ aieRa RM-2 - L RS- 5 _ / 75 ,,VILLA4fFLAG~ Csy 1-a-- I' RSaO RM-2 ~ RS 15 ~ Cy 10 ~ R915 A-1a i2S o-- _ / SINGLE-FAMILY RESIDE L (RS-10) J ~ ~ I ~ TO VILLAGE COMMERCIAL •10 RS-15 RS-15 RS-15 A-1a 1U,410 SQ. FT. S- 0 500 250 0 500 1000 1500 2000 250ee1 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-6 (PAHOA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO VILLAGE COMMERCIAL (CV-10) AT NANAWALE HOMESTEADS, PUNA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 1-5-011:010 Date November 17, 2004 EXHIBIT ,~A~~ (JEFFREY HUNT:1156) CHuntREZ.dao- 12!28/04 JEFFREY HUNT CHANGE OF ZONE APPLICATION (REZ 04-028) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed improvements shall be completed within five (5) yeazs from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the 7.oning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. The applicant shall provide adequate off-street pazking and a turnazound before entering the County road right-of--way. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). C. The driveway connection to the Pahoa Village Road (Government Main Road) shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. D. No direct access shall be allowed from Pahoa Village Road to the parking spaces. E. All development-generated runoff shall be disposed of on-site and shall not be directed towazd any adjacent properties. F. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. G. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. H. Should any remains of historic sites, such as rock walls, terraces, platforms, mazine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it fmds that sufficient mitigation measures have been taken. I. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance. J. The applicant shall comply with all applicable County, State and Federa] laws, rules, regulations and requirements. K. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: I . The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one yeaz may be extended for up to one additional yeaz). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject azea to its original or more appropriate designation. -2-