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HomeMy WebLinkAboutCOM 0616.000 2004-2006 o.• - G z., 16lw,. ~w,pe N~CaQLe~c .d lnyoi~ Manugfng Dire~'!ar Peter L. Hendricks p~'Ni'M~ Deputy Managing Direcror COUNTY OF HAWAII 25 Aupum Svcrt, Room ~IS ! Ido, nawaff 96720-4252. (BOS) OGI R21 I fax (ROA) 961-6557 KO'JA 75-~7Uh Kuukini Highway, Suite 103 • Kailuo-Konn_ Ilawai'i 96740 i R08)129-5226 • Fax (80R132h-5667 December 14, 2005 Honorable Stacy Higa, Chairman and Members of the County Council County o f Hawai `i 25 Aupuni Streel Hilo, HI 96720 Dear Chairman Higa and Members: Change of Zone Application (REZ OS-017) Applicant: The Newton Family Limited Partnership Request Unzoned to A-80a Tax Map Key: 2-4-8:por. 33 Change of7_one Application (R EL OS-018) Applicant Kulana Kea, LLC Request: A-20a and RS-15 to }'A-Sa Tax Ylap Key: 2-fi-32:4 and 5 ,Change of Zone Application (REZ OS-019) Applicant: Matsuno Enterprises, Ltd. Request: A-1 a to CN-20 Tax Ma K~:_2-3-3f~_portion 18 As required by Chapter 4, Sec. 6-43(C), Hawaii County Charter, transmitted herewith for the Cowrty Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sinccrcly, Harry Kim Mayor < iii 11gQ ~ Enclosures Comm. No.~Q1~.- cc: Planning Department Ref. To: Ret. Uafe Ilu~~ui'i Couap n un Gyu.il Oppanumt} Pius idcr and 1 niplu~cr ~~r or County of Hawaii PLANNING COMMISSION Aupum ('enter • 101 Pauahi Sheet, Sm[e 3 • Milo, Hawai9 96720 Phone (808)961-8288 • Pax (808)961-8742 December 14, 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 of Zone Application (REZ OS-019) Applicant Matsuno Enterprises, Ltd. Request: A- l a to CN-20 Tax Map Key: 2-3-36:portion 18 The Planning Commission, alter a duly held public hearing on December 2, 2005, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultural 1-acre (A-1 a) to a Neighborhood Commercial 20,000 square foot (CN-20) district for approximately 8 acres of land. The property is located along the south side of Ponahawai Street, approximately 1,500 feet east of the Komohana Street-Ponahawai Street intersection and diagonally across from the Homelani Cemetary, Ponahawai, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant Is requesting a Change of Zone from Agricultural 1-acre (A-la) to Neighborhood Commercial 20,000 square feet (CN-20) to develop a commercial and office shopping center to service the retail and office needs of the surrounding residential areas. The project will be sited on approximately 8 acres of the 24+ acre parcel. Although the design of the project is conceptual at this stage, the applicant proposes to develop a project in keeping with the residential/commercial ambiance of the area. The site plan indicates: • one 1-story structure (marked "retail") approximately 12,775 square feet Nawai`C ~'ounty Fs nn Equal Opportunity Prorider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 • one 2-story structure (marked "office") approximately 21,600 square feet • one 2-story structure (marked "retail and office") approximately 31,000 square feet • one 1 & 2-story office building approximately 45,300 square feet • 340 parking stalls • loading areas • one access (Street "A") from Ponahawai Street • Street "B" along the southern boundary of the project site • Landscaping. Potential uses for the stn~ctures include financial institutions, restaurants, grocery store, and office space. There will be approximately 109,000+ square feet of commercial retail and office space. The applicant states that the office space would be intended for the medical profession as well as any University of Hawaii support functions. The estimated cost oCthe development is between ten to fifteen million dollars. 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. [t 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 areas in the County. The change of zone request from an Agricultural (A-1 a) to a Neighborhood Commercial (CN-20) zoned district 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. It reflects a graphic depiction of the physical relationship among the various land uses. The requested change of zone to a CN-20 district conforms to the LUPAG Map, which designates the property and its immediately surrounding area as Medium Density Urban. Such designation may allow neighborhood commercial uses, including office and retail uses. Therefore, the requested Neighborhood Commercial zoning is consistent with the Medium Density Urban designation on the LUPAG Map for this area of Hilo. The request would also 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....." Stacy Higa, Chairman and Members of the County Council Page 3 The project site is located within close proximity to schools, commercial areas, employment centers and public safety services. The property is a vacant, approximately 24-acre site fronting Ponahawai Street, of which 8 acres (project site) is proposed to be used for the commercial development. The Alenaio Stream is located approximately 130 feet from the southern boundary of the project site and forms the rear boundary of the property. The property was formerly planted in sugar cane. It is presently overgrown with weeds and other introduced plant species. The property was incrementally zoned from an A-la to a RS-7.5 district under Ordinance No. 487 effective August 1, 1972. However, by letter dated May 29, 2003, the Planning Director determined the area previously rezoned as being within the A-1 a district. The Planning Director is initiating a repeal of the 24.495-acre portion of the property which includes the 8-acre project site within Ordinance No. 487. Surrounding lands are in a mix of commercial, agricultural and single-family residential uses. The adjacent properties are vacant and zoned A-la to the west (mauka) and RS-7.5 to the east (makai). Properties to the north are zoned A-la, and properties to the south are zoned RS-7.5. There is a nursery (TMK: 2-3-36: 21) as well as a vacant property (TMK: 2-3-3G: 19) across the street to the north. On April 2, 2004, Use Permit No. 199 was granted on the vacant parcel (TMK: 2-3-36: 19) for a church and related improvements. Homelani Cemetery is located diagonally across from the area under consideration. Police and fire stations are located less than one mile from the site. The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Flood ]nsurance Rate Maps (FIRM) indicate that the project area is located in Zone "X," areas determined to be outside ofthe 500-year flood plain. The Department of Public Works has confirmed that the project area is not located in a flood zone. 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 project site has been previously used for sugar cane. Given 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 September 30, 2005, the applicant requested a determination of "no effect." Access to the property is from Ponahawai Street, aCounty-owned and maintained roadway with an approximate 60-foot wide right-of-way. The principal access from Stacy Higa, Chairman and Members of the County Council Page 4 OPonahawai Street is proposed to be located at the western end of the project site. This location is near the center of the entire 24+ acre property. According to the applicant, the access is designed to also service the remaining 16+ acres which is proposed to be developed for residential uses in the future, and not a part of this request. The portion of the site fronting Ponahawai Street as well as the primary road within the project site will be improved with curb, gutters and sidewalk. The applicant also intends to install a dedicated left turn lane into the property from Ponahawai Street. The Department of Public Works (DPW) has recommended that the applicant provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the approval of the DPW. The DPW also recommends a single access road to the project site, and requires the construction of the access road to dedicabee standards with concrete curb, gutters, and sidewalks within a minimum 60-foot wide right-of--way. All utilities and services are or can be made available to the site. Electrical and telephone services arc available to the property. Police and fire services are available less than one mile from the site. According to the Department of Water Supply, County water is available from an existing 8-inch waterline fronting the property along Ponahawai Street. The 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 project 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 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'Ainu "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: • [nvestigation 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. By letter Stacy Higa, Chairman and Members of the County Council Page 5 dated September 30, 2005, the applicant requested a determination of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. As of this writing, the DLNR-HPD has not provided any comments. • 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 used for sugar cane. • Possible adverse effect or impairment 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 rare, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. • 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 an Agricultural 1-acre (A-la) to a Neighborhood Commercial 20,000 square feet (CN-20) district would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. Stacy Higa, Chairman and Members of the County Council Page 6 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Fred Galdones, Chairman Planning Commission Lmetsunarce0~-019PC2 Enclosures cc: Mc Sidney Fukc Matsuno Enterprises, L[d. Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BMatsunoREZ- I 1 / 15/05 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MATSUNO ENTERPRISES, LTD. CHANGE OF ZONE APPLICATION (REZ OS-0191 MATSUNO ENTERPRISES, LTD. has submitted an ,application for a Change of Zone from Agricultural 1-acre (A-la) to Neighborhood Commercial 20,000 square feet (CN-20) for approximately 8 acres of land. The property is located on the south side of Ponahawai Street approximately 1,500 feet east of the Komohana Street/Ponahawai Street intersection and diagonally across from the Hornelani Cemetary, Ponahawai, South Hilo, Hawaii, TMK: 2-3-36: Por. ] 8. PROPOSED DEVELOPMENT I . Request: The applicant is requesting a change of zone from A-la to CN-20 to develop a commercial and office shopping center to service the retal and office needs of the surrounding residential azeas. "I'he project will be sited on approximately 8 acres of the 24+ acre pazcel. Although the design of the project is conceptual at this stage, the applicant proposes to develop a project in keeging with the residential(commercial ambiance of the azea. 7 he site plan indicates the following: • one 1-story structure (marked "retail") approximately 12,775 square feet • one 2-story structure (marked "office") approximately 21,600 square feet • one 2-story structure (marked "retail and office") approximately 31,000 squaze feet • one 1 b'c 2-story office building approximately 45,300 square feet • 340 pazking stalls • loading areas • one access (Street "A") from Ponahawai Street • Street "B" along the southern boundary of the project site • landscaping Potential uses for the structures include financial institutions, restaurants, grocery store, and office space. There will be approximately 109,000+ squaze feet of commercial retail -t- and office space. 1'he applicant states that the office space would be intended for the medical profession as well as any University of Hawaii support functions. (Exhibit A - Change of Zone application) 2. Cost of development: Ten to fifteen million dollazs. 3. Landowner: Matsuno Enterprises, LTD. GENERAL INFORMATION 4. CN Zoning: • Height limit - 40 feet • Minimum building site area - 7,500 squaze feet • Setback - tiont and rear 15 feet; side yazds none, except where the adjoining building site is in a RS, RD, RM, RCX or V 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 ofthe adjoining district. (Exhibit B -Chapter 25 Zoning Code, Division 10 CN, Neighborhood Commercial Districts) STATE AND COUNTY PLANS 5. SLU Desigr?ation: lJrban. 6. GP LUPAG Map: Medium Density [Irban. 7. County Zoning: Agricultural ]-acre (A-la). The property was incrementally zoned from an A-la to a RS-7.5 district under Ordinance No. 487 effective August 1, 1972. However, per letter dated May 29, 2003, the Planning Director determined the azea previously rezoned as being within the A-la district. 7'he Planning Director is initiating a repeal of the 24.495-acre portion of the property which includes the 8-acre project site within Ordinance No. 487. (Exhibit C - Ordinance No. 487 and May 29, 2003 Letter) 8. Hilo Community Development Plan: The Hilo CD Plan, adopted by Resolution No. 1 on May 21, 1975, identifies the azea as RS/RM PUD. 9. Coastal Zone Management, Chapter 205A, III2S: T'he entire State of Hawaii lies within the Coastal Zone Management Area. 10. Special Management Area: The Special Management Area is a part of the Coastal 'Lone Management Prograni and regulated by the County. T7ie property is not situated within -2- the Special Management Area. The property is not proximate to the shoreline, and will not be impacted by coastal and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain azeas, scenic and open space reserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The properiy is a vacant, approxmately 24-acre site fronting Ponahawai Street, of which 8 acres (project site) is proposed to be used for the commercial development. The Alenaio Stream is located approximately ] 30 feet from the southern boundary of the project site and forms the rear boundary of the property. The property was formerly planted in sugaz cane. It is presently overgrown with weeds and other introduced plant species. l2. Surrounding Land UseslZoning: Surrounding lands are in a mix of commercial, agricultural and single-family residential uses. Properties adjacent to the project site area vacant. Surrounding lands are zoned A-1 a to the north and west, and RS-7.5 to the east and south. There is a nursery (TMK: 2-3-36: 21) as well as a vacant property (TMK: 2-3- 36: 19) across the street to the north. On April 2, 2004, iJse Permit No. 199 was granted on the currently vacant parcel (TMK: 2-3-36: 19) for a church and related improvements. Homelani Cemetery is located diagonally across from the; area under consideration. 13. Elevation/Slope: The property is located at approximately the 200-foot elevation, and slopes easterly (makai) at Icss than l0%. 14. U.S.D.A. Soil 'Cype:. HOC, Hilo silty clay loam, 0 to 10 percent slopes. The surface layer is dazk brown silty clay loam about 12 inches thick, very strongly acid, and the subsoil is strongly acid fo medium acid. Phis soil dehydrates irreversibly into fine gravel- size aggregates. 15. ALISH: Unclassified. 16. Land Study Bureau's Productivity Rating: Unclassifia;d. 17. FIRM: The project azea is located in 'Lone "X", an area located outside of the 500-year flood azea. The Department of Public Works has confirmed that the project azea is not in -3- a flood area. "the Givil Defense Agency has stated that "the proposed project would have a detrimental effect on the surrounding community" due to the added level of impervious surface resulting from the proposed development, with potential increase in run-off. 18. Flora/Fauna: No professional floral or faunal survey was prepared, as the property was previously in sugar cane use. Given the property's urban setting, no known raze, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. According to the applicant, mice, mongoose, cats and dogs are conunon on the property. Birds species on the site include the spotted dove, common myna, house finch and white-eye. Plant species on the site include California and Wainaku grass, gunpowder tree, African tulip, and guava. None are considered raze, threatened or endangered. 19, ArcbaeologicaUCulturaUHistorical Resources: No azchaeological inventory survey was prepared, as the property was previously used for sugar cane. 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 September 3Q 2005, the applicant requested a detetmination of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. 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 ar the shoreline that traverses the property. UTILITIES AND SERVICES 22. Access: Access to the property is from Ponahawai Street, a County roadway with an approximate 60-foot wide right-of-way. The principal access from Ponahawai Street is proposed to be located at the western end of the project site. This locafion is near the center of the entire 24+ ;acre property. According to the applicant, the access is designed to also service the remaining 16+ acres which is proposed to be developed for residential -4- uses in the future, and not a part of this request. The portion of the site fronting Ponahawai Street as well as the primary road within the project site will be improved with curb, gutters and sidewalk. The applicant also intends to install a dedicated left tum lane into the property from Ponahawai Street. The Department of Public Works (DPW) has recommended that: • the applicant provide tirll improvements to the project's frontage along Ponahawai Street consisting of. but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the approval of the DPW. • the access be limited to one location along Ponahawai Street. • the access road be constructed to dedicable standazds with concrete curb, gutters, and sidewalks within a rninimum 60-foot wide right-of--way. The Civil Defense Agency has stated that the proposed project should have a second exit onto Ponahawai Street to serve as an emergency exit should the other become blocked. 23. Water: County water is available from an existing 8-inch waterline fronting the property along Ponahawai Street. 24. Wastewater: The applicant intends to connect to the County sewer line from an 8-inch line from Punahele Street, south along Komohana Street, and down to the property. 25. Solid Waste: Solid waste will be handled by commercial haulers. 26. Utilities and Services: All essential utilities and services are available to the site. AGENCIES' COMMENTS 27. Department of Public Works: Exhibit D -October 24, 2005 memo 28. Department of Water Supply: Exhibit E -October 24, 2005 memo 24. Department of Environmental Management: Exhibit F -September 27, 2005 memo 30. Police Department: Exhibit G -October 18, 2005 memo 31. Fire Department: Exhibit H - OMober 5, 2005 memo 32. Civil Defense Agency: Exhibit I -October 17, 2005 memo 33. Department of Health: Exhibit J -October 17, 2005 memo -5- AGENCIES - NO RESPONSE 34. DLNR Land Division, DLNR Historic Preservation Division APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 35. Exhibit K -October 27, 2005 and November 1, 2005 letters PUBLIC COMMENTS 36. Exhibit L -October 4, 20051etter from Logan Evans to applicant; applicant's response letter dated October 27, 2005. -6- APPLICATION FOR COUNTY REZONING (A-la or RS-7.5 TO CN-20) MATSUNO ENTERPRISES, LTD. Ponahawai, South Hilo, Hawai i TMK: (3) 2-3-36: portion 18 Prepared For: Matsuno Enterprises, Ltd. Prepared By: Sidney M. Fuke, Planning Consultant September 2005 E~~ IT CI~ANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Matsuno Enterprises, Ltd. APPLICANT'S SIGNATURE: ZGGt.v~~ DATE: 9/t5/os ADDRESS: P.O. Box 366 Hilo, HI 96721-0366 LIST APPLICANT'S INTEREST [F NOT OWNER: LIST PRINCIPAL(S) INCLUDING .N/A'MES OF M IN OFFICERS: Rex Matsuno, President ; Wt~+~x• ~l~~i~ Glenn Hashimoto, Vice-President PHONE:($us.)935-8511 (Res.) _ (F~)935-2737 LANDOWNER(S): Matsuno Enterprises, Ltd. LANDOWNER SIGNATURE(S): DATE:9/ts/o5 _ (May be by letter) LANDOWNER(S) ADDRESS: Same as applicant REQUEST: xs-7.5 TO crt-2o (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-3-36: portion of t 8 STREET ADDRESS OF PROPERTY: Ponahawai Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 8 acres AGENT: Sidney M. Fuke Planning Consultant ADDRESS: l00 Pauahi Street, Suite 212 Hito, HI 96720 TELEPHONE:(Bus.)969-t522 (Res.l (F~)969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Matsuno Enterprises Ltd. ? i (See Instructions on Reverse Side) ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COONTY 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? Yes If mss, please answer the rest of question I and then to question 3. a. How many act es of the requested area do you intend to subdivide? 8 acres b. Into what lct sizes? Sac/16a 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? Imo 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? N/A b. Sell or lease the land to someone who has tentative plans? N/A c Sell or lease the land to someone who has no plans? N/A ~ Keep it? Yes e. other (please state) f. If you intend to do either a, b, 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 request. Develop a shopping office and retail complex 9. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. -2- 5• Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space provided below. Please refer to accompanying planning and environmental report 6. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- g• To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools X b, Roads x c. Sewer x d. Drainage x e. Police Protection x x f. Fire Protection x 9• Recreational Facilities x h. Recreational Facilities i. -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. No, inasmuch as the site has been cleazed in the past. Signature: ~ " Address : P.O. Box 366 Hilo, HI 96721 Telephone: 935-8511 Date: September 15, 2005 -5- 6338A/SOA P. D. 5/84 COUNTY ENVIRONMENTAL REPORT APPLICATION FOR COUNTY REZONING REQUEST (RS-7.5 to CN-20) MATSUNO ENTERPRISES, LTD. PONAHAWAI, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-3-036: POR 018 I. INTRODUCTION The applicant, Matsuno Enterprises, Ltd., recently purchased the subject property consisting of 24.4+ acres with the intent of developing a residential and neighborhood commercial and office center. As such, the applicant is requesting the rezoning of an 8-acre portion of the subject site from Single-family Residential (RS-7.5) to Neighborhood Commercial (CN- 20). II. PROJECT LOCATION The subject site, consisting of 8 acres, is located on the south or Puna side of Ponahawai Street in the City of Hilo. It is situated within the land division of Ponahawai, South Hilo, and is identified by TMK: 2-3-36: por 18. More specifically, the site fronts the south side of Ponahawai Street, generally mauka of the Homelani Cemetery and less than 1,500 feet makai of Komohana Street. There is a nursery located directly across of the subject area. (Figures 1 and 2) III. PROJECT DESCRIPTION A. Project Concept and Components The applicant is proposing to develop a neighborhood commercial and office shopping center to service the retail and office needs of the surrounding residential areas. As proposed, the project would include a number of structures, which would house potential uses ranging from financial institutions, restaurants, grocery store, and office space. Given its location, the office space would be geared to the medical profession as well as any University of Hawai i support functions. Although the design of the project is conceptual at this stage, the applicant intends to ultimately develop a project that is more in keeping with the residential/commercial ambiance of this area. This would mean that instead of a monolithic 3-story structure, I. Dophin Bay Hotel •ek yebua malm•K~at'oa T~do <sa 2. Halm Terrace PWEO t~ •Lwchua pprs .Hale Val 'lsE ' 3. Piilani Aph - d' Hore~ Pu Ilialu ~Id G ng v 4. Haili Elderly Apts k~ya P G Y Clem Akina Park,ii~ G 1. d °t n spc`s 1]62. 0 6 °.009 C you 111 Wainaku 7 C V • {tiversid _ Amauulu Rd _ Obal /!n, paved (Amauu(u Camp Rd) .F Py° 0P0~ • _ ° • HaleNrn " ~ $bt rl ,E;Q*~v~ ,-Gl -~-~.-1 'Hale G . 4n~? e 3 3 ~ 9 LP ~~;e`st° Riverside Park ~at\~p ~i 31 ® f. ~pa (Reed's lslandJ \t`"p m GI oW `~a\ tiYS°>0 ~ L ~i w0s °ay~ S~IDJL` CT ~31U ~ 8py9 Sc N Hilo¦ 4tiy +f._QyOjNS+t dty C w ~ ~ o~y Library 7Rulani o 7 .F o Tract o! SITE w ~ wwwPU. P x;,a 4' ~ E Naili Apu¦ a S sr. d _ ilo Uni Museum st\t ~ h U~ o Hilo PJe ¦ Elem. Scl. ¦ ~ ¦q. ichiNo /e High Scl~ Kr~cc ~/P ¦ ¦ with G;oc 3p0 WeilukuP TAPS 0 2.3. m ~ ~ oe d q4 a Univ. !W ~ e ¦ Towu6ouscs ~JyO 9 ~ - at t\o ' S~ 'Fd a\a Q\ . \S~3°~ c °rn o esa aP 1at ~ \ae 4 ter. Avu~Ia¦ t~ya C° nod ~ ~ l ~ aV P Tsac ~ ~o;' Gi G y ~ ~ dOa Hilo 000a O Gilbert 0* 3~d J4y'. a/al tk aC~/ vGtmn's tJ` '~~i Carvalho .~c~°p0 ~3`` ~ ~ TAI Park G 6G0c Aipa W Ciry Ycw APC:¦" A,o ~iia A W81allUetrlle e N C ~G°O~ ~ - M° i Alii Tcnecc¦. f~ Piihonua a\je\ `bS°~' 1 Iv+i ¦ ~ G a A {l. )C MoD QI Nilli / Porka~ Ndc~plolad¦ .f, ,~O Nause(ors C~ V 9d ba qt o S ~Oo aiprtnaPr ~ o Tracr ~ QoD~adat N° vrnas ~G /d-0ai _ _ G Wstnp c sl ? V;I~as ~J _ ~ ~ ,a ogrc ~fj~ ~ Pankonu f, t.*4~°,d6Tt 7~~ ( dOR~ Tracr ~ CT" _ 111L~ ~Jd.~ a. ~J P,F ~ d e,( ,t ~ Komohana ' \nt'n\'9Py ~~Nua! e~~` \Jda N ~ Neigbrs xy%y A~FZ. ~a\ ~\toQehpt ~ ~y a\`b Poha%y Pr.c ws¦ ~ \'~t ~ rp ~o\o~a\)a a. M E \ a Ta ousts '!e O~ aro ~cO! s o0' Mobauli .oo Jy,2 ~rA S 'd °G 4b F. ~d / O ~~laiwi PI ,2J o,FO d zaJ\ j; 9 o° o\c 6 Raar>!ni ~'v' till. 'A 4 °°i - V~ ~ Q\ ~`a d Pacific 4\ ~iA/ ! t j . ~a Heights ~oopa~ 4` t\°`u G33 Mohouli Park o° .f' 4\ NnyyElarS $O G o6oL~i v Neigh C\o 9 aylelc A 4,. e Ma% oroJ`t ! 4; aJ ~ 'l-J~' ~F c '~a%\ Jt`te\ / ~Oa !Al ~Q kilos P~ ~G ~ z q Univ. ufXawaii, Nilo - o University Park c Sunrise Ridge NpWelo Figure 1 9 .ter ~ )aJ L ~ / I / y ~i /i i ly 1 J ~G ~/r k ~ ` ~/lid, 1 ~ E r E ~j n n I'~YY ! ~ %'i ~ II y 0 ^ ° 'w ` i •'w_t x e. t x 2 dpi.; s' ~ ~ s; ~ ~3 1 j{ { n ; a i K F,' P r. Y j • . SUBJEjC~ _ ~ _ , r SITE $ ~ z ~ ~ c fan • T R s Y4 b R S ~ T c t~ ~ `g ? l; ~ ~ ~ l ~ ~ ~ a ~s..,.~t. S' a G }4{ R ' - t N j ~ ,.,w~~~ ` ~ Y ~i i5 ~ ~ t s v~ ~ , ~ yam. l~ / ~ R 4 Figure 2 there would be multiple structures, each limited to one and two stories, with a maximum height of 30 feet. As proposed herein, there would be 109,000± square feet of commercial retail and office space with over 340 parking stalls, inclusive of handicapped stalls and the required loading zones. (See Figure 3). Some of the structures would be two-story in height, with a maximum height of 30 feet. The thought was to have multiple, rather than a single or two large structures to reduce the overall visual impact of the project. (See Figures 4 - 6) An artist's rendering of the project is found in Figure 7. The principal access from Ponahawai Street would be situated at the mauka or western end of the proposed development. This location is near the center of the entire 24+ acre property. As such, it is designed to also service the remaining 16+ acre area, which, at this time, is intended to be developed for residential uses. That portion of the site fronting Ponahawai Street as well as the primary road within the project site would be improved with curb, gutters, and sidewalk, Further, the applicant intends to install a dedicated left turn lane into the property from Ponahawai Street. The proposed development is intended to serve the retail needs of the neighboring residential subdivisions in this area. While it would also capture some of the commuting Kaumana traffic, it is not intended to be a regional shopping center. Equally so, because of its location, its office use is intended to be complementary to the medically-related offices located along Komohana Street. Then, too, because of the site's proximity to the University of Hawai i at Hilo and the University Park, the site would also be suitable for some of their support office needs. B. Project Timetable and Cost The applicant intends to secure the balance of the required construction permits and begin making the appropriate infrastructure improvements immediately upon securing all development permits. Hopefully, this can be done by the middle part of next year. The applicant intends to prepare the site and make certain areas available to different developers. While the applicant would be amenable to doing design-build structures, for the most part, the applicant plans to have the respective developers design and z c °a --ffii o N ~ gn ~ s I u 4 rn Pn ~ ~ _av~t.~Et=-_ ~O ~O _ I e s as - M Y~..., m - a-p - ° ~ - _ ~ '~!1 ~ _ 5 i,f' b _ _ - - b N N `in a _ A m m _ ~5 I _ _ ~ '1 I T , .II, IGI a II II h^ " I I„I ~~~hl I +I ~i.. _ ;~h _ . ~ ~h I ~ 51~~~t r 1,1 rt" T ~I~11~ I ~„;'G ~j'II 'I - _ i. _ p'IIII I I . m_ 51F lii _ I~~i~ V I o ?maa a I. Q Fi¢ure 3 rr , 1 s a i „ ~ U a is, k 4 rnY.,~ ;j~1, .A ty a~~ M a £ 5 g = S '~4 3 o a a wO w w . W ~a 3 Q i a z o ~ r - R 4 ,{yy+. • r ~NN yl !+',i s '~E` r~ z ~~`rs' o a `o 1 t; w ~ w ~J"]I n ( er y i W } y0 W f SW K N JZ d rc~ 3 ~ W< - _ d Z O a 5 o9yQN w4" ~ V~~ '1 aoO1. ~ i s Fieure 4 ~i ~ ~ - a a ~ a o d e b ~vf s.'~g f 7 ~ w U °u:: a ~ r 0 a - ~ w J L ~ ~ F w w s ~r a t:,l' < ~ a 0 ` ~ t ~ (f\~.~ ~__Y4 f S'.r>~~ - Say4 ~ _ " x l ~ _ -~11'l HJ 1CEN ~v K _ - ;7` ~ _ e _ i ~ 1d . ? ~ O -d+~ k% ~ f ~ W o r ~ ~ o~ o~ _ ~ ; ~ ~ ~ i ° Fi_~ure 55 ~ yt~ . z HJ1Vw i u l ~ , II, ll~ll _ ~$Ip Ii II ~~I~l - ~II~I„' II W i'' I iiiE'I U f. ~"a ~,II , l "y'fi r IV. u~w.}r.` k Idl~r~ F N -yNya~~f y~~.: ] i III 11'Afai > ~~III~A ~i'`~ y~~~{y/~ n I li~ y+IN j' 'lf4'tllil' 'i 111111' ti ~ llYlh~l V 1 tilt <~Mf;w _ ;I~;YI'l n Ilyll' ~ M • kill c. ~ i~ I, ' ~.t i ~ lyillll~' ~ U V+G f i'Jll it F~~ I II 1 ~ I; ; I I ll II .Ili I II ~~~,i;;l _ 1~lll r~IIA'I s~,ll ' s ,;;'i~ ~~s~„ I ' 4'"I I.. w I I;~ i;, Ill III; ~ 'iiillilliill I iI ~I ~ w r illllii~il Ijilil ~~!ili°illil Ii~il~~l ~ <N '~i ~ii~ i~ ii " I"iili -o 2 Ilhlnll i~Nllll w o Illi IIIi~i~Oi i'"~iii~l - K q ililillilll~ lilll ~ j II'il'il llll ~ ~~Ij1Ii ~u w lin,llji„ F ~~nj 4~ i Ilgl'n nn a I o - 1 pIIJ I n s - ~ jlll; " Illq'Iil~~u w ILII s= a ~ili~ill'dl w 111"li ' ii~inll ll~l I~~i Il ° 21~ - h ii~il4 ~lili~ a ~ wa M1'iiilii iil ew' I u'y~~ ~ es ~ ~I;Il~jllll~~ ~ s {~a'a, d N _ Ill'll liii~~ll' N r N `il '~Iiilii{Iiil • .gyp[;~¢{~: . III Ii ii'il I 1 JiJ `M1w• ' e ' i ~'l lillll~l ~ E li l lull' "Y~ ~ A. 06 h I ll 11 III ~ IIIII~IIII'~II GJ.'.` e a mss` N dli °~gy - ll!II ~ii~a i•.. ti~J linl b:' ~Wm~ • tm J ~ Finure 6 o , ~ ~ f J r . t1':3. "a ~ gip. l~~i !B I~~ d N ~a-;~... t'' g. ~ ~ ~~Y t ~ 4. 1 4 ~ ^CU , n,;,; r7n,;~ ,y; ~ k; 9F ~9 ~ ~fi ~ c y., ~ Y V~. ~ ~ T~ i ~ V ~?F 1 p~ ~ ~ ~~f~ ~ ~ y ~ r ~ ~A ~ ~ ~ ' A 1, „~v o ? V+ I 9 f L'~ - ~ ~^j~:. ~ I ~ ~ ~t I 1 ~ ~ id ~ JI \ ~1 1 ~ 1 \ 1 s I a~ r ~ ~ r~ I ~ ~ ~ ~ r' ei y-eC ~ ~ L ~ a m J ~.,.n. ~ I 7~i`(~ ~ ~ ~ r r ~w ar A `>F a; ~ a~ n-,i. ~ + ~ . J~a ~ ~ ~,..af,, t„~ construct their buildings on certain pads. The design, however, would still be subject to certain design standards. The applicant estimates the cost of the basic infrastructure and on- site improvements to be in excess of $10 million. This cost would include site preparation, as well as all required on and off-site improvements such as the curb, gutter and sidewalk, roadway fronting the subject area, and wastewater improvements. While the cost of each structure is not known at this time, upon full build out, it is expected to be in excess of $15 million. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, a boundary amendment to cover the requested CN-20 zone is not needed. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Medium Density. As such, a General Plan amendment to the LUPAG map would not be required. Relative to the Medium Density designation, the General Plan allows consideration for "Village and neighborhood commercial and residential and related functions (3-story commercial,• residential - up to 35 units per acre." The requested zonings and planned uses would be consistent with the uses envisioned within the Medium area. C. Hilo Community Develoament Plan The Community Development Plan (CDP) attempts to further define the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 1975, over 25 years ago. Although reviewed by the County Council, the CDP was never adopted. The CDP's Land Use Concept map identifies a RS/RM PUD designation for this area. Having some residential uses on the balance of the property with the proposed commercial uses would be somewhat consistent with the concept of a residential PUD. Notwithstanding the technical inconsistency, however, it is acknowledged that the growth of Hilo and its outlying areas like 3 Puna and Hamakua, have made some of the planning assumptions of the CDP obsolete. An updated CDP would be timely. Absent the availability of a relevant intermediary planning document, one must rely only on the General Plan LUPAG map and policies. In the end, the General Plan is more critical, as the County Charter requires all zone changes to be consistent with it. C. County Zoning The County zoning of the requested area is Single-family Residential (RS-7.5). It should be noted, however, that the RS-7.5 zoning was subject to certain conditions. Although those conditions may not have been fulfilled, the subject property has not been officially "rezoned" to its former classification (A-la). As such, there may be a question relative to the zoning status of this property. Notwithstanding that issue, the fact that the site (be it zoned RS-7.5 or A-1a) is being proposed to be rezoned to a new use renders that issue moot. In the event the requested Neighborhood Commercial (CN-20) request were approved, all related land use and development codes such as Plan Approval, parking, landscaping, fire, ADA, and the like would be complied with by the applicant. D. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other construction-related permits would still be required. These would be of the "ministerial" variety, such as Plan Approval, grading permit, building permit, Department of Health clearances, Highway improvement permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Descriation The 8-acre site is rectangular in shape. The site's frontage along Ponahawai Street is over 700 feet. Its depth is 500 feet. The Alenaio Stream forms the rear boundary of the subject parcel, but not the subject site. The stream is located more than 200 feet from the closest boundary of the subject site. (See Figure 8) 4 btY. C{OU~ :1 ~ 4bHPl 1PI41 H Ya H77! y_1H I t7 abC '7J~-61 ab nu. air r , i 1 ° I r ~ z { z 'il ~ ~~rrII D•y 9 N NZ Jb O u oa m a te•fft I ~ n `rsr 3 ~a <aoes .fs.szf a m E ~ ~ G` E I 6n dE^= ~E z°~c~w ~1 Ys ` ~ • 03 \ ~ ~ y m \ , -t O 6, m aq °4~ o~w m + ~ f ¢ ~ w v_~j~ ~ `C J '{mod Z P lt: Z `C' ~ ~ ~ r¢ bH ~ d ~ N ~ y~'~ w rJ ~ / { N ~ J N ~ . ~ o ~ ~ 3 ~ Rf.ki a ao~aoc f- ~oC .zrt c ~ C p ~ H / ffi~ ~ d ^ U ~ ~ 0 6 ~ F. ~ n ~ ~ / ~ ~O ~ m ao N b ~ O /f Q~ 6~ ~ / S Q ~ / m cn / I ~M F N a tsew a ~ ~ ~O N .v d, y.. N r ~ b ~ ~ ^~'~~a o~.= w Q-I+-•_ N 2{Yfe L /Z i ~ y) 1 ^o c ~ r ~ ~ n III o / ~ ~ 6 'tJ ~ / I n g 1 A` D O N Yh'..v. ~ 0 C Y ry °0t / O N ~ ~ ~ M m e o/~,S ~ N C ~ . ~ ~ ~°e a / a r I Fi~Piure 8 The subject property was formerly planted in sugar cane. It is presently overgrown with weed and other introduced plant species. There are no structures on the subject site. B. Climate. Soil and Topograahy According to the State Commission on Water Resource Management, the nearest rain gauge in this area is the Hilo Airport. The rainfall data of this gauge notes that over the past 37 years, the annual median rainfall for this area was 131.1 inches. The wetter months tend to occur between October through April. The average daily temperature ranges from a minimum of 61 degrees to a maximum of 79 degrees Fahrenheit. Wind patterns are generally tradewinds (easterly) during the day and westerly or mountain winds during the evenings. The property's elevation is approximately 200 feet. There is a less than 10% slope towards the makai end of the property, due in part to the Alenaio Stream. There are no perceptible topographic or geologic constraints on the area of the proposed development. The U.S. Department of Agriculture Soil Conservation Service (now known as the Natural Resource Conservation Service) Land Study Bureau Overall Master Productivity Rating designates this site HoC, Hilo silty clay loam (0 to 10% slope). This soil represents the Hilo series of well-drained soils formed in volcanic ash layers. The University of Hawaii Land Study Bureau Overall Master Productivity Rating map, this site is classified "C" (C-42) or Fair. This soil is of the Hilo and Wailea series. This series is characterized by soils that area deep, with moderately fine texture. It is non-stony and well drained. It is well suited for machine tillability. Being within an urban area, the site is not classified under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system. Thus, the State's classification system does not recognize this site as being agriculturally important. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood insurance Rate Map (FIRM) identifies the area of the requested zoning to be within Zone X (areas outside of 500- s year flood). Portions of the subject parcel (but outside of the subject area), particularly adjacent to the Alenaio Stream, fall within a designated floodway or AE zone. The latter (AE) zone refers to areas inundated by a 100-year flood, base flood elevations determined. (See Figure 8) As there will be an added level of impervious surface resulting from the proposed development, there may be an issue relating to potential increased run-off. In that event, drywell(s) or similar type of accommodations will be implemented, subject to the review and approval of the Department of Public Works and State Department of Health via the Underground Injection Control (UIC) permit process. With the proposed on-site drainage improvements, and since none of the proposed improvements will occur within the Floodway (AE) designated area, all potential drainage and/or flooding issues could be reasonably addressed and mitigated. 2. Tsunami Hazard Given its elevation (300±) and distance from the nearest shoreline (1± miles), it is located outside of the Civil Defense's Tsunami Evacuation Zone. Thus, there should be little or no threat from high waves. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the subject site as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 to 1. This designation applies to all of Hilo There is very little that can be done to protect structures and improvements on the site from lava flows. Relative to protection of life, however, this would be achieved through the evacuation routes and warning systems provided by the County Civil Defense agency. Such notices will be prominently placed within office building. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, all structures built on the site will have to meet with the more restrictive seismic hazard structural requirements of the Building Code. D. Fauna Resources As the site is within an urban area and previously in sugar cane, no professional survey conducted of the faunal resources of the site, the applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This is due to the already developed state of the subject area and its immediate surrounding area. Nonetheless, due to the semi-developed state of this area, the faunal resources should be somewhat typical of other developed areas. One may thus find bird species such as the Spotted Dove, Japanese White-eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. None of these are endangered animals. As such, it is unlikely that the development of this property would cause any adverse faunal impacts. E. Flora Resources As with the description of the site's faunal resources, no professional botanical survey was done of the subject area. In historical times, the side was used for sugar cane cultivation, and remnants of sugar cane growth are evident. The area is presently overgrown with California (t3rachiaria mutica) and Wainaku (Panicum repens)) grass. Other piantJtrees on the site include the gunpower tree (Tierra orientalis), African tulip tree (Spathodea campanulata) guava (Psidium guajava). None of these are considered rare, threatened or endangered plant species. These plants can be found in the general area and other midland, disturbed habitats in Hawaii, including the area on the mauka side of Komohana Street. In conjunction with the application for the University Terrace project, the botanical study found similar type of plant species and concluded that that development would not have any adverse floral impacts. The same conclusion can be drawn for this site. F. Historic/Cultural/Archaeological Resources As the site has been cleared and used for sugar cane, no commissioned archaeological survey of the site was made. The former clearing makes it less likely to find any archaeological features on the site. Nonetheless, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. G. Valued Cultural Resources In 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. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. However, as the site has been used for sugar cane, it would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located over a mile from the coastline. As such, coastal impacts resulting from discharge of drainage systems from the site should not be sign cant. Being anon-coastal property, no coastal access will be affected. The proposed development is expected to develop its own private wastewater system or hook up to the County's system. In the event the latter option is taken, the line would be extended from Waianuenue Drive, along Komohana Street, and to the subject site. Thus, this should further reduce potential adverse groundwater or nearshore water impacts resulting from this project. s Further as noted earlier, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be taken. At that time, impacts to water and coastal resources will be carefully examined. I. Noise, Air Quality, and Dust The existing background ambient noise level in this area is wind, foliage, birds, and the like. However, the significant manmade noise is influenced by the traffic associated along both Komohana and particularly Ponahawai Streets. With the traffic, the noise level is relative{y high, averaging more than 55 Ldn. To mitigate this noise to the project, the applicant plans to install appropriate landscaping along the frontage of the property and to the sides. There will also be short-term noise impacts during the construction phase. To mitigate this impact, the development of this project - particularlythe site work -will be limited to daylight hours and on weekdays. Contractors will also be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. The proposed development should not generate any direct air ualit impacts. As the project itself is not expected to have uses that generate adverse air pollutants, the only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing tradewinds. Ail of the required parking area within the project site will be paved with an all-weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, 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 are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area. The most notable is the backdrop of Mauna Kea and the Hilo Bay. 9 The proposed development would not have any visual impacts on Mauna Kea or Hilo Bay. The view of Mauna Kea in this area is somewhat visible from Komohana Street. Inasmuch as the subject site is located makai of Komohana Street, this view would not be impeded from this public road. The view of Hilo Bay is possible from Komohana Street and Ponahawai Street. However, because there are intervening sites between the subject property and Komohana Street, this view should not be adversely impacted. Then, too, because the land slopes in a makai direction, it would make the tallest {30 feet) structure appear even less tall. From Ponahawai Street, the site is located to the south, whereas the view is more northeast. Thus, with the planned height of the structures, the location of the site in relation to the views of the significant landmarks, and the sloping topography, the visual impact should not be overly pronounced. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The surrounding land uses in this area are a mixture of low to moderately dense residential, semi-agricultural, and commercial uses. There are residential subdivisions located generally makai (Kapiolani Street) and south (Kukuau Street) of the subject site. There are also other residential subdivisions within 1,000 feet of the subject site. The only quasi-agricultural use is a nursery directly across of the subject site, which coincidentally is for sale and being marketed as anon-agricultural property. There is a cemetery less than 300 feet makai of the subject site, while the properties immediately adjacent to the subject site are vacant. There are several commercial uses within 1,000 feet of the site. These include medical office buildings at the corner of Ponahawai Street and Komohana Street, as well as Kapiolani Street and Ponahawai Street. The requested zoning would be generally consistent with the evolving mixture of commercial and residential land use pattern in this area. Nonetheless, because of there are some residential developments proximate to the subject area, mitigative measures io will be taken. These measures deal principally with landscaping, lighting, and access. It should also be noted that the recently approved University Terrace project is located mauka of Komohana Street, less than a 1,000 feet from the subject site. This project calls for a mixture of residential and commercial uses. B. Economic Imaacts The requested zoning would have some measure of economic impact, as it would provide short-term employment opportunities for those in the construction and related industries. When completed, there would be additional employment. New workers would be needed to man the various uses. Tentatively, it is anticipated that at least 50 full-time equivalent jobs would be generated by this project. A commercial rezoning would also increase the tax revenues to the County. However, there could be some real property tax consequences for the adjoining agriculturally zoned properties. As the assessed valuation of the subject property rises due to the higher commercial use, there could be some fallout to neighboring properties. However, landowners intent on keeping their property for residential or agricultural uses would have the option of dedicating their land for residential or agricultural uses. C. Agriculturallmaacts The subject site has not been used for commercial agricultural purposes for over 30 years. With the exception of the limited agricultural activity (nursery) north of the subject site, the surrounding areas consist of a mixture of commercial and residential uses (including a cemetery). Admittedly, the soil classification system of the Land Study Bureau designates the site as Class C or "Fair", and thereby suggesting the site's agricultural potential. However, it is located in an urban "in- fill" area, and as such, not classified as important on the State Agricultural Lands of Importance to the State of Hawaii (ALISH) system. Thus, its removal from potential agricultural use should not compromise the agricultural objectives of the County. Given the above, the agricultural impacts resulting from this rezoning should not be sign cant. tt VI[. INFRASTRUCTURE CONSIDERATIONS A. Road and Traffic The subject site fronts Ponahawai Street. This 2-lane County road serves as one of several mauka/makai roads in and out of Hilo. It has aright-of-way of 60 feet with a 24-foot wide pavement and 4+ foot wide grassed shoulders. To minimize potential traffic movement conflicts along Ponahawai Street, the applicant proposes only one access for the entire 24+ acre parcel. The proposed access would be situated in the middle of the entire site, which would be the mauka end of the subject commercial development. This access would also service the future development of the balance (16+ acres) of the site. At this entrance, the applicant proposes to construct a dedicated left turn lane into the site from Ponahawai Street. In so doing, mauka bound traffic would not be impeded. The entire frontage of the proposed development area would also be improved with a curb, gutter, and sidewalk section. It should be noted at the proposed entrance, the sight distance is very good, as there are no curves along this section of Ponahawai Street. B. Water Water service to the project site is from the Piihonua well source. There is a 12-inch line along Komohana Street and an 8-inch County water line fronting the subject site along Ponahawai Street. It is anticipated that the proposed development would need no more than 6,000 gallons or 10 units of water per day. Should this application be favorable considered, the applicant intends to secure the required water commitments from the Department of Water Supply for this project. C. Wastewater The subject area is not serviced by the County sewer system. As such, the alternatives for the applicant are either a private wastewater treatment plant or connecting to the County sewer line. At this time, the applicant intends to connect to the County's line. This would mean that an 8-inch line would have to be extended from Punahele Street to the north, traveling south along Komohana Street, and makai or east on Ponahawai Street. iz D. Solid Waste Solid waste will be handled by commercial haulers who will dispose of the refuse at the county landfill in Hilo, which is at or nearing capacity. This landfill must be closed when full. Unless an approved site is located in Hilo, the waste will have to be hauled and ultimately disposed off at Pu'uanahulu in West Hawaii. During the course of preparing the land for this project, the applicant intends to retain as much of the material on the property. This should thus minimize disposal at approved disposa! sites. This and other waste reduction methods will be reflected in the required solid waste management plan to help address this situation. E. Other Government Services As this area is already part of an urban area, it already has access to a number of services. All of the required police, fire, and related services are available. Police protective services are provided from the main station along Kapiolani Street, less than 2 miles from the site. Likewise, the nearest fire station would be at central, less than a mile from the subject site. There are also the Kaumana and Kawailani stations, located less than 2 miles away. Emergency medical and paramedical services are also provided from these stations. The Hilo Hospital is located approximately 2 miles from the site and is managed by the State. This facility is one of 5 licensed hospitals on the island. As this project is a commercial one, it should have little or no direct impacts to schools, parks, and other related facilities. As the project may indirectly generate a school demand, it should be noted that the site is proximate to the K-12 Hilo Complex and Waiakea Complex, both of which are less than 2 miles from the site. There are also a number of public parks within a 2-mile radius. Thus, no extension of government services would be required, and existing facilities should be sufficient to accommodate the demand expected from this project F. Other Utilities All other utilities such as telephone and electrical services are available to the site. l3 VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Lona-Term Productivity The short-term use of the site would probably be the same as the current use, which is open space. This will continue until the full improvements are made, which will hopefully be before the middle part of next year. This project should not result in any significantly adverse short or long-term impacts that cannot be properly mitigated. There will be direct and indirect economic benefits resulting from the construction and implementation of this project. There will be construction jobs created in the short-term and at least 50 full-time equivalent positions created. Relatedly, the project will generate increased tax revenues that can supplement the State and County's fiscal resources. Because of its location, this project will provide a service that can be made reasonably accessible to the immediate neighborhoods. The required infrastructure - if needed -will be implemented by the applicant to mitigate potential impacts of this project. B. Irreversible and Irretrievable Commitment of Resources The area of the requested rezoning has already been extensively disturbed. As such, the commitment of natural or other resources (such as botanical and avifaunal) would not appear to be significant. C. Mitiuative Measures The applicant intends to provide any required off and on-site infrastructure in conjunction with the development of this project. These will include on-site drainage system, landscaping, road, water, and wastewater improvements. All of these will be done in conjunction with the permitting and permit implementation phases of this project. Off-site traffic-related improvements at Ponahawai Street fronting the property will also be provided. These will consist of a mauka bound left-turn lane, construction of a curb, gutter, and sidewalk section fronting the property, and possibly the construction of a sewer transmission line to the project from Punahele Street. 14 If any inadvertent discoveries are made during any phase of this project, the Planning Department wil{ be notified and appropriate mitigation will be taken before work is resumed. Landscaping will also be incorporated within the project site, as well as along its boundaries. The landscaping would be consistent with the Planning Department's landscaping rules. D. Alternatives to the Proaosed Project 1. No Proiect Under the status quo alternative, the site would remain in its present vacant, cleared use. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. 2. Develoament Based on Existing A-1a or RS-7.5 Zoning Under this alternative, the area of the requested zoning may still not be utilized agriculturally, given its current condition. The site would probably be subdivided into 1 acre or 7,500+ square foot sized lots, depending on the zoning of the property. Residential uses, however, may not be too desirable, due to noise associated with the traffic along Ponahawai Street. 3. Residential Rezoning Another option could be to utilize this site for a denser residential project. While that would sti{I be consistent with the General LUPAG's map Medium Density designation, it may not be too feasible, given the need for off-site infrastructure improvements, such as road and wastewater. 4. Evaluation of Alternatives Leaving the property in its current state would not maximize the use of the land. The land could be subdivided, but its agricultural uses (if subdivided into 1-acre lots) would be minimal. There would also be diminished tax revenues and less services to the public. rs While alternative residential densities are possible, those uses may not be realty desirable, given its proximity to the Highway and the cost to provide the required off-site infrastructure improvements. Neither of the above alternatives could deliver some needed off-site infrastructure improvements as would the requested commercial project. The proposed project would make improvements at its intersection with Ponahawai Street. Then, too, the use would provide needed commercial retail and office services to the area community, thereby reducing longer commutes. In that regard, the project in totality would be consistent with the land use objectives sought to be accomplished by the County General Pian LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested CN-20 zoning alternative. IX. REGULATORY ANALYSIS -County and State Land Use Policies A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Medium Density, a designation that allows the requested CN-20 zoning. Accordingly, this request would be consistent with the LUPAG map. B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: Economic Element Goals • Provide residents with opportunities to improve their quality of life. t6 • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Land Use Element (Commercial? Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, t~ utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments Standards • Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion If approved, the project would provide needed services to this sector of Hilo. Its location is ideal to service the residential subdivisions in this area, as wel{ as capture some of the commuting traffic. Because of its location, it would also provide some supportive services to the hospital and the University. Relatedfy, all required infrastructures are there or, if not, will be provided by the applicant without taxing government's servicing ability. is The site has limited on-site developmental constraints. Although there is a floodway and "AE" designated areas on the subject parcel, they do not have any direct impact to the subject site. If anything, those can be considered as amenity (being in open space) for the project. Because of its prior agricultural use, archaeological, floral, or faunal concerns should not be significant, if at all. Relatedly, although there may be a potential for some endemic birds to visit this area, the development of this site would not remove a critical habitat. Then, too, there are alternative areas that would be more suitable for any habitats. Furthermore, if there are inadvertent archaeological features found on the site, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. Finally, all structures will be built to comply with the Zoning Code standards, such as parking, setback, height, landscaping, and so forth. C. Zonina If the request were approved, the site would be developed into a neighborhood commercial office and retail center. All structures and improvements would be developed consistent with the Zoning Code. No variances from the Code are anticipated. D. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. Said Plan is intended to serve as a guide for the growth and future long-range development of the State. Pursuant to said requirement, a discussion of the pertinent policies and goals and the project's relationship follows: Goals • A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations i9 • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Discussion The proposed project would achieve these goals. It would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and hence, increase both State and County revenues; and complement and support other economic uses and in turn, contribute to the stability, diversity, and growth of local and regional economies. This employment opportunity would come without adversely affecting the environment. There is no known wildlife or plant life listed as either endangered or threatened on the subject site. Then, too, because of its historica{ agricultural use, the likelihood of finding archaeological features on the site is quite remote. Impacts to the surrounding areas would also not be significantly adverse. All required infrastructures will be in place by the applicant prior to occupancy of any portion of the project. These include traffic improvements, and the wastewater and water system. Furthermore, the provision and/or retention of natural landscaped buffers around the perimeter of and selected portions within the project site would also help mitigate any adverse visual and noise impacts to neighboring residential or agricultural properties. G. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205a, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State fal{s within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. Nonetheless, a general review of a project's consistency to the CZM policies -regardless of its location -must still be made. zo In that regard, please note the following: • The proposed project will not have any substantial adverse environmental or ecological effect. (Please refer to discussions in Chapters V, VI, and VII). Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. The proposed development would be consistent with the objectives of the CZM program. Specifically: • there would be no impact to the area's recreational resources. This is not a shoreline property; • because of its historical agricultural use, the project site should not have any remaining historical resources. Any inadvertent find during the course of construction can be appropriately mitigated; • the project will not affect any scenic and open space resources; • the coastal ecosystem will not be impacted; • there will be more employment opportunities, and hence furthering the economic uses of the site; • the site is more than a mile from the shoreline, and thus there would be no coastal hazard or beach erosion or marine resource impacts; and • public participation will be achieved through the hearings on this request. The proposed development is consistent with the County General Plan and other appropriate regulatory tools, such as the Zoning Code. Zi Section 25-~-44. Minimum building site area, The minimum building site in the V dist t shall be fifteen thousand square feet. tion 25-5-95. Minimum building site average width. Each building site in the V district shal ve a minimum average width of ninety feet. Section 5-96. Minimum yards. The minim ards in the V district shall be as follows: (1) Front~n~rear yards, twenty feet; and (2) Side yards,'~eight feet for one story, and an additional two feet for each additional story. i Section 25-5-97. Landscapin•'g:~ Land~ping shall be provided on a minimum of twenty percent of the total land azea of any buildi date in the V district. Parking areas shall not be included within the azea required for I scapmg•gn any building site. Section 25-5-98. Other r lations. (a) More than one ma' wilding may be situated on any building site in the V district. (b) The distance b ~een main buildings on one building site in the V district shall be at least fifteen feet. (c) Plan royal shall be required for all new structures and additions to existing structures in V district. xceptions to the regulations for the V district regarding heights, building site areas, bull g site average widths and yards, may be approved by the director within a planned unit elopmen[. Division 10. CN, Neighborhood Commercial Districts Section 25-5-100. Purpose and applicability. The CN (neighborhood commercial) district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. This district is distinguished from a central commercial district which provides general business and broad services to a city or region. Section 25-5-101. Designation of CN districts. Each CN (neighborhood commercial) district shall be designated by the symbol "CN" followed by a number which indicates the minimum land azea, in thousands of square feet, required for each building site. Section 25-5-102. Permitted uses. (a) The following uses shall be permitted in the CN district: (1 ~ .~sdttlt day e:~ret h6irrd.y. (2) Automobile service stations (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Boazding facilities, roaming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (5) Business services. (6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this code. (7) Churches, temples and synagogues. (8) Community buildings, as permitted under section 25-4-1 1. EX (y) rorivenience storey (10) Crop production. (11) Day care centers. (12) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fify squaze feet of land azea per rentable unit or dwelling unit. (13) Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty squaze feet of land area per rentable unit or dwelling unit. (14) Dwellings, single-family. (15) Fatuity child caze homes. (16) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plan[ life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding azea. (17) Financial institutions. (18) Group living facilities. (19) Home occupations, as permitted under section 25-4-13. (20) Medical clinics. (21) Meeting facilities. (22) Model homes, as permitted under section 25-4-8. (23) Mortuaries. (24) Museums. (25) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (26) Offices. (27) Personal services. (28) Photography studios. (29) Public uses and structures, as permitted under section 25-4-11. (30) Repair establishments, minor. (31) Restaurants. (32) Retail establishments. (33) Schools. (34) Telecommunication antennas, as permitted under section 25-4-12. (35) "theaters. X36) IJtality subsrariuus as peruritted wrdor Se~iivu 2:,-4-1 1. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CN district, pravided that a use permit is issued for each use: (1) Crematoriums. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the CN district. Section 25-5-103. Height limit. The height limit in the CN district shall be forty feet. Section 25-5-104. Minimum building site area. The minimum building site azea in the CN district shall be seven thousand five hundred square feet. Section 25-5-105. Minimum building site average width Each building site in the CN riist~i~t,y)~~~avg a minimum average width of sixty feet, r~ 72 Section 25-5-106. Minimum yards. The minimum yards in the CN district shall be as follows: (1) Front and rear yards, fifteen feet; and (2) Side yards, none, except where the adjoining building site is in a RS, RD, RM, RCX or V district. Where the side yard adjoins the side yard of a building site in a RS, RI), RM, RCX or V district, there shall be a side yazd which confomrs to the side yard requirements for dwelling use of the adjoining district. Section 2~-5-107. Landscaping of yards. (a) All front yards in the CN district shall be landscaped, except for necessary access drives and walkways. (b) Where any required side or reaz yard in the CN district adjoins a building site in a RS, RD, RM or RCX district, the side or rear yazd shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. Section 25-5-108. Other regulations. (a) [n conjunction with plan approval, the director may require the construction of a continuous eave overhanging the front property line in the CN district. The director may also require that the eave be of similar height and design in any one block of the CN district. (b) Plan approval shall be required for all new structures and additions to existing structures in the CN district. (c) Exceptions to the regulations for the CN district regarding heights, building site areas, building site average widths and yards, may be approved by [he director within a planned unit development. Division 11. CG, General Commercial Districts Section 25-5-110. Purpose and applicability. The CG (general commercial) district applies to an area suitable for comm~rCial uses and services n a broad basis to serve as the central shopping or principal downtowfi azea for a city or a region. (b) No CG trio shall be established until there is a demonstr d need for such action and no two CG districts all be established in such relationship t ch other that they cannot act as one center and yet az o close together to serve two ~ mct regions. Section 25-5-111. Desr anon of CG districtl~.ach CG (general commercial) district shall be designated by the symbol G" followed number which indicates the minimum land area, in thousands of square feet, r uire reach building site. 3eition 25-5-11~. t'crnritted us . (a) The following uses shall permittL~uses in the CG district: (1) Adult day e homes. (21 Amus ent and recreation facilitie indoor. (3) galleries, museums. Art studios. (5) Automobile service stations. (6) Automobile sales and rentals. (7) Bars, nightclubs and cabazets. - (R) Bed and breakfast establishments, as permitted under sectl@n 2~-4-7. 73 (9) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land azea per rentable unit or ~ dwelling unit. (10) Broadcasting stations. (11) Business services. (12) Car washing, provided that if it is mechanized, sound attenuated strictures or sound attenuated walls shall be erected and maintained on the property lines. (13) Catering establishments. (14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this code. (IS) Churches, temples and synagogues. (l6) Cleaning plants using only non-flammable hydrocarbons in a sealed unit as the cleansing agent. (17) Commercial parking lots and garages. (18) Community buildings, as permitted under section 25-4-1 1. (19) Convenience stores. (20) Crop production. (21) Day care centers. (22) Display rooms for products sold elsewhere. (23) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land azea per rentable unit or dwelling unit. (24) Dwellings, multiple-family, provided that the maximum density shall be one ' thousand two hundred fifry square feet of land azea per rentable unit or dwelling unit. (25) Dwellings, single-family. (26) Equipment sales and rental yazds, and ocher yards where retail products aze displayed in the open. (27) Family child caze homes. (28) Farmers mazkets. When the vending activity in a farmers market involves more than just the sate of local fresh and/or raw produce, plant life, fish and focal homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing chazac[er of the surrounding azea. (29) Financial institutions. ~3Q} :croup li:~~rg facilitic~. (31) Home occupations, as permitted under section 25-4-13. (32) Hospitals, sanitariums, old age, convalescent., nursing and rest homes and other simi]ar uses. (33) Hotels. (34) Ice storage and dispensing facilities. (35) Laboratories, medical and research. (36) Laundries. (37) Light manufacturing, processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. (38) Medical clinics. 74 - ~ FS.i ll. C7o, :~57 COUIdI'Y OF '.i/i:,'h.II ffI'11T P: OP FL?41A-.CI 1, ~ ~ OADL]IICICF NO, AN OR DINAI`CE AMEtfDIfdv Sr:Cl'IC-t! 7,29, 'PHE C1'PY OF HILO ZOidE D7AP, OR DIPIANCH PiO, 63 ('LOiIING OP_7 ~Ii'v'FS;CI), REVISEll OR DINAVC°5 OF THE COtiN`i`Y ON HA47A 7I )_567, P_S A"~,RIDE~, EY CiIZiDIG tP'3 THE JI&^i'ICT CLASSIFI `CATION f3:0:1 AGi2ICUL'I'ITPAL (F.-1B) "'0 SIIJGLI. b'~1hIIL'i Bc,cI- DEPTPIAL (RS-7,5) IId FOL7AHt1WB1, :;OUSH fi lhC, IL1415II, COV33ED aY TAX MAP KEY; 2-3-36;F'ORTSOtd 18 Ah7 2-3--37;6, BE IT OR DA7 NED SY THS COUI:CIL OF THP; COUN'T'Y OF H7IWAII: SECPIO;7 1, Section 7,1.9 of Ordi.nanee No, 63 ('LOr,ir~g Ordinar-cE), RevisecF Ordinances of the Co~inty of Hawaii 1967, as amended, is t.ereby further ar,?ended by adding thoreto the Following subsec~ion: "7,29 (i.), The di ;trio classification of tiie following area situated at Ponahawai, South Hilo, Hao~aii, s~a11 be Single Family ilesiden tial (P.S-7,5): Beginnieg at a poin`_ at. the north csnier o= this ua-'cal o° land and on the eouttaasterriv side of Ponaha~.aai Street, tie c^-orci- nates o- said aoint of k~eginning .ei erred to ~-~_nrent = _r- Tcianyi'_ation =anon :'alU i" _e•ing 1&5,37 fee- ..~_-~a ar.=ul"2,3~ feet east, and ~rnnn inq by azi,uttss r~ea sur ed clocc.;ise i_..-. urue south: 1, 325° 53' 713,82 fret a1o::g t.._ _sna _ncar 252 to - _ an a oozr_. middle of ?1 e,._zo 5..._ , o 2, 85 ^0~ 15,29 fees along the Strear.-,; X011 - __.e ri i.ddle o~~^~~ecaro c..._ next for=~-.__:__ 3. 42° 10' 100,00 fea'_; 4, 29° 2?' 38" 61,75 fees; S, 16° 5J~ ~5" %4.75 _eeY_; 6, 14° 29' 709,70 iee--; 7. 354° 30' 72,00 ieet; II, 51° 2?' 49,50 feet; 9, 66° 12' 63,10 tent; 10, 125' O1' 33, 4R feet.; 11, 7G° 32' 64,99 LacL; 12, 68° 10' 46,00 Legit- 13, -L02c~ 2?' S1" ~u,43 ;-pct; EXHIBfT G 7.4. 73`~ 17' L6° RGaE~£1 feee; n a5, 115 25' 02'~ G6,02 feet; 16. 87~" 55' 4G" f43„31 fectp 1.7, 75° 42' 1P" 1'_8.42 feet; 1E;, 83° 34' 36" 10,73 feet; 19, 51.° L4' 31° 16.97 feet; 20. 29° L7' ].8" ii 7.73 Feet; 21. 35 E° 4-8' 30" 1310 feet; 22. 358° 'LO' 30" ~`t2.30 feat; 23, 340° 'i5' 26" $1.76 feet; 24. 35°~ :L3' 07" 75.00 feet; 25, 341° 56' 33" o3, 3F3 feet; 26, 327° 18' 23" 21.20 feet; 2.7 18° 56' 17.75 feet; 28, 59° 15' 34,43 fee'-; 29. 67° 28' 30" 23.63 feet; 30. 46° 07' 14.87 T:e at; 31. SFi° 12' 90.20 _°e2=• 32, 02~ 14' - 144.25 fee`; ,e 33, 07' 37" 01.88 fea=, 34, 66° OS' S5" 33.30 , 0 35. 19 22' 12^ 36. E~2 ea-; 36. 69° '_5' 03^ 70,76 37. 83° 06' X13" ?7.03 38, 49° 22' 28" 35,51 -ee~~; 39, 68° 0£i' 40" lc~.. 79 feet; 40. 99° 10' 50.20 iect; 41. 62° OS' 49,86 i"ee+_; ~2 0~' nl,_ , 43. 97° 40' 26.57 1:eeL; 44, S9° 'i5' 29.50 [eet; _v. 46, 55`~ 7S' 0" !:'s, 08 f-„mot. 47. 86° 10' "t2" 2. ?,2 feet; 4f3, 49° 18' 1 i3,'/4 fect~ 49, 680 08' >S" A7. ,,96 feet; 50, 450 27' 27[3.70 feet, 51, 41° 42' 1~'S,99 foot to a point on the: easterly side of l:oc~oi;ana St_eat; thence follos~ing along tho easterly s-ide of Ko;~ohara Street on a curve to tha right h~:~i;,q a radii°s of 2960,OC ~eot, the ohord 8~i: c.zd diecanoe be7 ng: 52, 1600 38~ 26" 5].8,65 feet; 53, 165° 40' 232 89 fee:. along the easterly side o Kc~mohana street; 54, 190° 30' 69, 3n £eet al. wig the easterly side o° Kor7o}:ana Street; 55, 140° UO' 67,23 feet a7 ong the northea steriy side o° ICOmo'r.a.~.a Streer.; ~ C 9 ~ ci tho oa~~ - J- 56. 165 0' % ,95 reret ong ^'-crly srxe _ Korloh ana Street; ~ e': c-= -011 o-:::r.- a].onq ~ cur ire =~o t':e _igL'- - a radia> o= 32. J0 t:-,=_~ az ir_uth and dis-a:~ce Sa ir:g: 5%, 210° 40' 45,26 feet to a poi; r_ on t:.a soutcerlc o- Ponahaya- , 58. 2550 ~_0' 2c-0,d6 a'-ong t:~o soutit:z-ly Por.a..~.r _ t-. ~ _ Sire- on a ~o tc_ a _ ;its 10 ~C -ee= 59, 244° 03' 4;3,63 £a _~t• 60, 23<° 30' 1379,20 fee`_ along c;-_ =o~-:c'n=ante-'-~' Po. a:.awaz ot_._s t_ po~r__ beg inni,^.g dnc. ~..cnta i.._ng a:: S0, 9r'-S acres, "Al1 ass ou~lined ?_n rnd on tnn ::~ao atta cttefl h_=re ~o, Lxtdhit "A,~ an~i ny refer euce :Wade a part hereof,~~ '~lC _ t-_'i1.; Otd!'.. ~::21_ =zihr. fF_:~_ _ upon the conditions Ccat_ (A) the are~~_k?a incremeatally zones ir. si>: it C1 P.O1B11 L:3, 'PIZe: £13 ~1 Y-}lrf9 .i) 1 e'"emdn'_s siid~l cO[;E]_`=t o- s_. _ 3_ io~ay (~~0), airl fox ~_y (4U) J. it-.c i ~~~ccCi~;~l~~, 9Le .~inaJ_ ~`.v-ce (3) incl: e.r.~:ats :;ho l.1 con:~iut- of eo~C.y (?U), tl.-r,y (30), e~.nd lama iru nz lots respect.ive7y, The. ePfFCCve o:dte of zc~uing {or te~i next i~zere- went shall. be alter deva].opm~~nt h~,e occurred. on the pz evious zoning increment, Devclopm ~~-^-t is d-.fined as bui_Lding pe~rmite issued for r.'esideni=ial dcr~=1. ~_irg wait c- and eonstruci=ion ~pa rtiallv eenplet<_=~-- partially completed in iho sense of having at least roofs on the.r-- on twenty-five (25) per cent of t}.a lots of the previous inerEnan_ or increments; (S) approa i;oat_e].y ::oar (4) acres be set aside and improved by tht fleveloper io*- active recreational uses; (C) tee da- velopment of the 1ov;e~ portion of the subject area occur only aitaz the pr_ese.nt s,i~ar cane crop i~as been nan~esi.e3;and (D) the u~ar.e~ or lessee of the subject property submit a se'ndivision plan `or p_el--- mi_nary Gpproval of tn? first incra~zen~ with ir- or;e (1) :yea: iron date of approval of the ceznge of zoning, Should these condi~io:s roc b2 met, '"s Planning Commission ei~all resec~~e tea rig:._ 1.o in_c_e action. to rezone tee subject prcparty t-o its -oz~s.ar zo:~±ng cee__: a-.'_-~-, SECPIOCI 3, In t_~a event t_:at anv por pion of t-ais o:=dinar_c. a declaz~ed irve,'_i-, sue`-:. rcval`_3i`" shall noc r==<,..- this or;linarce, 5°CI'lOi7 ?Sis orcina;~_e s:-r.ll ta~_ ___ac`_ ~~po, _ _L'-~ - Hilo, iia;~azi U Date o~ Intreduction_ July Iii i7 Da~c of o. _io~:. Jir _ ~ 1'•77 D: fecu ve T%ate: :august 1, i9": i _ ~ ~ ~ ~ ~ ~ n ~ i rt.~ t A~ / i li ~ 91 ~ _ _ J ~ v P 2/ G~ ' - ~ ~ i L~ 7 „d'~~ ~ n~ fem. ; ~--E ~ % % ~ F 'r ~ / ~ ~i j ~ ~ - - ~ ~ 1 i ~ ? / i.. J~/ \ t _ z ' - ~ ~ ~ _ ~ i ~ ~ _ ~ - - ~ ~i - - v.- ~'IVr ~i l,:`. -~i i ~.J i~ ~.a .~i a I~.~ s..,iil f~',i s ~ _.F ~ ~ C. t .r- I ~r_ f E, _ . o?.~~~ "F N"'i 4'• Harry Y:im Christophe['J, Yuen Mayne Dirvemr ~yi ui~';p Roy k. Takemotc Depa[y Direamr ~So~~c~~ z~~ ~rz~utttit PLANNING DEPARI'16~fEN';f 1(11 Pauahi Street, S~iite 3 Help, Hawaii 967203043 (803) 961-8238 d P%ax (808) 96i-3742 May 29, 2003 Mr. Frank De Luz [II 330 Huali Way Hilo, HI 96720 Dear Mr. De Luz: SUBJECT: Ordinance No. 487 (REZ 144) Ka Palani Kula Subdivision (SUB 7389) We are writing you because you are shown on Hawaii County real property tax records as the owner/co-owner of Tax Map Key (3) 2-3-37:6, 9, 10, 11, l3, 1.5, and ] 9. These parcels were part of a larger 50.988-acre area (TMK: 2-3-36:Portion l8 and 2-3-37:6) that was the subject of an ordinance in August 1972, Ordinance No. 487. This ordinance rezoned the property from Agricultural (A-1 a) to Single Family Residential (RS-7.5). The ordinance stated that "Section 1 of this ordinance shall take effect forthwith upon the conditions that (A) the area be incrementally zoned in six (6) increments. The first three (3) increments shall consist of sixty (60), forty (40), and forty (40) lots respectively. The final three (3) increments shall consist of forty (40), thirty (30), and remaining lots respectively. The effective date of zoning for the next increment shall. be after development has occurred on the previous zoning increment. Development is defined as building permits issued for residential dwelling units and construction partially completed-partially completed in the sense of having at least roofs on them--on twenty-five (25) percent of the lots of the previous increment or increments." Condition B of the ordinance also required that "approximately four (4) acres be set aside and improved by the developer for active recreational uses." Because there was never any actual development on the property, the RS-7.5 incremental zoning is not in effect. As a result, the property is in its original zoning-A-1 a. The Planning Department processed the recent subdivision of the property ('approved in Apnl 2001) on the basis of the A-1 a zoning. MAY 3 0 Mr. Prank lle Luz Iil Page 2 May 29. 20113 The fact that the property has been divided into separate ownership makes it very difficult to apply the incremental zoning at the present time, because it is not possib]e to determine which area is the first increment- or even if one increment were completed, what would he considered the second increment. We would suggest that you apply to rezone the property if you desire any uses not allowed by the current A-1 a zoning. The property is designated "Medium Density" in the Hawaii County General Plan, and a number of urban-type uses could conceivably be proper. They may, however, require additional infrastnicture improvements and consideration of drainage and other issues. If you have any questions about this letter, please contact Alice Kawaha of my staff at 961-8288. Sincerely, t CHRISTOPHF,~YUEN Planning Director CJY:mad p Awpwm60Aahcewm~LRELIA4DeLwF cc: Real Property Tax Office DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: October 24, 2005 ~~hw~~a~tdiak TO: Christopher J. Yuen, Planning Director FROM: Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-019) Applicant: Matsuno Enterprises, Ltd. Request: A-1a to CN-20 Tax Map Key: 2-3-36: portion of 018 We have reviewed the subject application forwarded by your memo dated September 26, 2005 and offer the following comments for your consideration. We do not sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The portion of the property under consideration for rezoning is located in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain (may include areas with unknown flood or drainage hazards). All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Ponahawai Street is a County right-of-way that is classified as a secondary arterial of 60 feet width. Access the subject parcel shall be limited to a single location along Ponahawai Street. The applicant shall provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. Based on the intended zoning, we recommend the applicant construct the access road(s) to dedicable standards with conc. curbs, gutters, and sidewalks within amin. 60-ft wide right-of-way. H' Streetlights and traffic control devices shall be installed as required by the Traffic Division, m Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. ~WJ Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG Cie` O1 W 4If f Jmp,'i I1 f9 o DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII o4J`Wf xewPyt'a, 345 KEKUAN AO'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 FAX (808) 961-8657 October 24, 2005 1- TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-019) REQUEST: A-lA TO CN-20 APPLICANT - MATSUNO ENTERPRISES, LTD. TAX MAP KEY 2-3-036:PORTION OF 018 We have reviewed the subject application for the proposed Change of Zone and have the following comments and conditions. The subject parcel currently does not have water service from the Department. Based on the prevailing water situation in the area, water can be made available from an existing 8-inch waterline along Ponahawai Street, which fronts the property, with a connection size subject to review and approval during the construction phase of the proposed development. However, prior to issuing a water commitment to the proposed development, the following are required: ] . The anticipated maximum daily water usage, as recommended by a licensed engineer, registered in the State of Hawaii, must be submitted. The water demand calculations should include all domestic use as well as any irrigation, and the Department reserves the right to make a final determination. 2. In accordance with the Department's Rules and Regulations, a water commitment deposit shall be remitted. The applicant will be informed of the deposit amount upon final determination of the submittal required in Item 1. Upon completion of the above requirements, an official water commitment will be effected in accordance with the Department's Rules and Regulations. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change, depending on the water situation. EXHIBIT ~aEer 6rinc~s ~roc~re9b... ~ ~Q681'~ The Department of Water Supply is an Equal Opportunity provitler antl employer To file a complaint of tliscriminanon, write: USDA, Director, Office of Civil Mr. Christopher J. Yuen, Planning Director Page 2 October 24, 2005 As this application indicates, water for consumption is available from the 8-inch waterline in Ponahawai Street although it does not meet the fire-flow requirements. In accordance with the Department's 2002 Water System Standards, the existing 8-inch waterline in Ponahawai Street will need to be upgraded to obtain the 2,000-gallons per minute fire-flow requirement for the proposed uses. 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 SHKaco copy - Matsuno Enterprises, Ltd. Mr. Sidney Fuke VM~V~OF Nye ~ilip~. / ..r Harry Kim Barbara Bell Mayor - Director •O1 V ew a 1Tr Oi M~~ Nelson Ho ' Deputy Director (~nixn#~r of ~ttfuttit DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Roum 210 • Hilo, Hawaii 96720-4252 (808) 961-SOR3 • Fax (808) 96t-ltOR6 MEMORANDUM Date : September 27, 2005 To CHRISTOPHER YUEN, Planning Director From: BARBARA BELL, Directo~~~~ Subject: Change of Lone Application (REZ OS-019) Applicant: Matsuno Enterprise, Ltd. Request: A-] a to CN-20 TMK: 2-3-36:nortion 1_i3 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMINTS: ~J ( ) 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 Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-RS of the Hawaii County Code. ( )Other: "TECHNICAL SERVICES COMMENTS: ~Jl'u ,~j~l~~~~~ c~ r j~ Ciif<< SOLID WASTE COMMENTS: ( ) No comments (1~) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( k) Aggregates and any other constructionldemolition waste should be responsibly reused to its fullest extent. Ample room should be provided for implementation of a recycling program. ('X) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. Construction and demolition waste is prohibited at ali County Transfer Stations. Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( )Other: _ co: SWD,WWD,'PSS (j~pa, n` ~Tr a r~'~ Harry Kim Lawrence K. Mahuna Mapor Police Chie! a w w~,. Harry S. Kubojiri - Deputy Police Chief County of Hawaii POLICE DEPARTMENT 3A9 Kapiolani Street • Hilo, Hawaii 967203998 (808) 9353311 Faz (808) 961-8869 October 18, 2005 TO STOP~ER J. YUEN, PLANNING DIRECTOR M. a~ FROM MES M. DAYASSISTANT POLICE CHIEF, AREA 1 OPERATIONS SUBJECT CHANGE OF ZONE APPLICATION (REZ 05-018) APPLICANT: MATSUNO ENTERPRISES, LTD. REQUEST: A-1ATOCN-20 TAX MAP KEY: 2-3-36:PORTION 18 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to wmment. LW(Ili EX~._ - 0®6632 "Hawai`i County is an Equal Opportunity Provider and Employer" "tY O! 4. v~ ,4 Yiarry Y~im Y1arryY .Y. OYiveira nsar„t rn~e rxr~ "$;};o rNp.~>' Desmond K. Wert' Deputy r•„~~ cm I ~ountp of ~abuai`i FIRE DEPARTMENT 2§ Aupmti Street • Sui[e 103 • Hllq Hawai`I )fi720 (NOS)967-8299 • Paz (608)961-R296 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-019) APPLICANT: MATSUNO ENTERPRISES, LTD. REQUEST: A-la to CN-20 TAX MAP KEY: 2-3-36:PORTION 18 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207. "Fire Apparatus Access Koads "Sec. 10.207. (a) (~eneraL Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route azound the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similaz conditions, the chief may require additional fire protection as specified in Section 10.301 (b). EX BIT n 9~ Hawa~'i Qtunnj is mt Equn( Opparbmity Prouide~ and I;rnployer, Christophe~~ J. Yuen October 5, 2005 Page 2 " 3. When there are not more than two Crroup R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fi-e-fighting or rescue operations would not be irnpaired- "IVLore than otte fn~e appaatus road may be required when it is determined by the chief that xs,.aS3 isy 'vh lglc t'~d~ tiltly 1S_ ii ithalt'f)l} »y VBhit:~C b'..1~,C; ,t lflil, Juk1C11ti+;ft .~1 i lull-, _~h(~k1ti~~ conditions or other factors that could lirxrit access. "For high-piled combustible storage, see Section 81-109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requrements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(fl Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of I50 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable secfions of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (I 5%) Cluistopher ~!uen October 5, 2005 Page 3 "(k) Obstruction. The requn-ed width of any fire apparatus access road shall not be obstructed in any manner, including pazking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(I) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and mauntained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with [JFC Section 10.301(c): "(c) Water Snpply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings aze hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fee hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number acrd type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. ARR OLNEIRA Fire Chief JCP:Ipc O~~Y O! N~-`r, Troy M. Kindred Harry Kim Adrnimstrn(or Mayor ' ~ Lanny T. Nakano ?i'\ ?~T` Ol~N~'~' Assistnnf AAministrnta~ V.It1ixC~~7 [T~ ~2I~1?Mti CIVIL DEFENSE AGENCY 920 Ululani Strtet Hilu, Hawaii 96720-3958 (808) 935-0011 Fax (808) 935-6460 TO: Christopher Yuen, Director, Department of Planning Attention: Norman Hayashi FROM: Lanny T. Nakano, Acting Civil Defense Administrator ~`-r'r DATE: Ocuther 17, 2005 SUBJECT: Change of Zone Application (RF,7.OS-019) Applicant: Matsuno Enterprises Kequest: A-La to CN-2(1 Tax Map Key: 2-3-036: portion of 18 l~Ve have reviewed the above application in regards to hazards and firmly believe that the proposed project would have a detrimental effect on the surrounding community. • Section C Natural Hazards, 1. Drainage states "As there will be an added level of impervious surface resulting from the proposed development, there may be an issue relatinx to potential increased run-off." There will serious run-off and flooding issues because the proposed project parcel slopes down towards the Alenaio Stream that flows into the Waiolama Canal further down. The portion adjacent to Ponahawai Street is approximately 2 to 3 feet below the street level and the portion of the parcel next to the Alenaio Stream is more than 20 feet below Ponahawai Street. This steep slope makes it impossible for any drywell(s) or similar type of accommodations to keep the increase run-off from entering the Alenaio Stream and Waiolama Canal. The additional run-olf waters from the proposed project will have a detrimental effect on the properties downstream of the Alenaio Stream. During the recent storm, Tropical Depression Kenneth, the Waiolama Canal and Bayfront area flooded and properties next to the Alenaio Stream suffered flood damage. • The proposed project should have a second exit onto Ponahawai Street. This is to provide an emergency exit should the other become blocked.. EXHIBIT ~oss~s CD Hawaii County is an equal opportunity provider and employer Christopher Yuen Page 2 October 17, 2005 • The nearesC hazard siren is approximately a half rule away and would not he audible. We highly recommend that the developer install an outdoor, a!1 hazards siren using solar power with 121 dbc. and Omni-directional speaker an-ay within the project site. State Civil Defense technicians and planners are available to assist and answer any qucsuons the developer may have regarding this issue. I1 you have any questions. please call Neil Gyoloku or me at 935-0031. q I. PI'e 1159 9t\ ' ~1 LINDA LINGLE l CHIVOME L FUKINO, M.D. GOVE-RNOR ~ DIBEGTOR JF HEAITH m e M.H~.v.Be STATE OF HAWAII DEPARTMENTOFHEALTH P.O. BOX 916 HILO, HAWAII 96721-091F MEMORANDUM DATE: October 17, 2005 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno District Environmental Health Program ChieF SUBJECT: Change of Zone Application (REZ OS-019) Applicant: Matsuno Enterprises, Ltd. Request: A-la to CN-20 Tax Map Key: 2-3-36:portion 18 The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on September 29, 2005. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 7 ] -54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). fir., ~ ElE1~T Christopher J. Yuen Page 2 October 17, 2005 a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at http://www. hawaii. Gov/health/cnvironmcutal/water/cleanwater/forms/indiv- indcx.ht_n~l. b. An NOI to be covered by an NPDES genera] permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: httn:~/www.hawaii.gov/health/environmental/water/cleanwater/forms/ enl- index.btml. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 1]-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 1 1-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter I1-55, Appendix G] Christopher J. Yuen Page 3 October 17, 2005 vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 3. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title I1, "Underground Injection Control." WORD:RELOS-019.my Sldn@yFUk@, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-7522 • Fax: (808) 969-7996 ~ • Subtlivision • Land Use Permits E-mail: sidfuke@verizon.net - - • EnWronmental Reports October 27, 2005 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Sabject: Rezouiug Request (REZ OS-014) - Matsuno Ente~7?riaes PQ~aw~ Hilo. ffi. TMK: 2-3-36: nortlon of 18 Thank you for providing me with a copy of agency comments to date. We note that the Police Department had no objections to the request from a traffic or public safety perspective. The Fire~partrnent's requirements for fire flow and access roads will be addressed and complied with in conjunction with the subdivision and building permit processes. Alt required improvements will be implemented prior to occupancy of aay use within the subject area. Relative to the State Department of I~ealth's comments, the rear or southern portion of the subject property (although not part of this application) abuts the Alenaio Stream. Accordingly, the requirements of a National Pollutant Discharge Elimination System (NPDES) permit may have to be fulfilled. Additionally, the Underground Injection Control (LJIC) permit will probably be needed to address any planned drainage improvements within the proposed site. All of those permits will be complied with during the plan preparation and construction phase of this project. The Civil Defense Agencv raised a number of issues. The first one related to the drainage system and its potential impact to A?enaio Stream and' Waiolama Canal. This is an understandable concern, as the mouth of the Canal near the Bayfinnt area is frequently flooded during heavy storms. It is my understanding, however, that current County policy requires all project-generated water be wntained on the property and not be diverted into streams like Aienaio Stream. The conventional approach to address project- generated water is drywells. in that regard, the applicant's consulting engineer will design a drainage system to address this issue. Please note that all drywells would be subject to the U1C and possibly the NPDES permits described above. The applicant has no objection to a second access for the subject site. The single access was designed to minimize traffic conflicts along Ponahawai Street. Nonetheless, the issue of emergency egress access is a good one and could be accommodated, if not within the project site, within the subject parcel. ~Q' Mr. Christopher Yuen, Director October 27, 2005 Page 2 As for the installation of asolar-powered, all-hazard siren, the applicant believes that the existing siren should be audible. In the alternative of mandating such a siren, the applicant would suggest the development of an Emergency Response Plan (as you have recommended for projects of this nature), which may or may not include a siren. Finally, the Department of Water Supply noted that water could be made available for the project. The applicant would be willing to secure the required water commitments, should this rezoning application be approved; and subsequently, design and construct a water system meeting with the requirements and approval of the Department of Water Supply. We trust that the foregoing adequately addressed the agency comments. If not or should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. n~~,ceQQrely VAT - SIDNEY M. FAKE Planning Consultant Copy - Matsuno Enterprises wf enclosures SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Faz: (808) 969-7998 • Subdivision • Land Use PermRs • Environmental Reports E•mail~. sidfuke@verizon.net November 1; 20Q5, , ~ Mr. Christopher Yuen, Director County Planning Department 101 Pauahi Street Hilo, HI 96120 Dear irtr. Yuen: Subject: Resonin= Ralnalt (REZ OS-619) - Msbnno Enterprriaes Pp~bttwai. Silo. Sl. TMK: 23-36: mrtioa of 18 Thank you for providing me with a copy of the Department of Public Works' comments on the subject application. Please be informed that the applicant intends to construct a curb, gutter, and sidewalk section fronting the subject area as well as the spine mad within the project area, as recommended by the Departmeat. These improvements will also include the inquired street lights and traffic control devices. The applicants intent is to have a single access from Ponahawai Street. However, should the County determine, as suggested by the Civil Defense Agency, that a second access largely for emergency purposes is needed, the applicant would have no objections to such an emergency egress access within the subject parcei and not necessarily within the area of the requested coning. The applicant intends to have its engineers and contractors comply with the appropriate gradiag requirements prior to and during the construction of the required improvements. These also include the preparation of a drainage plan and its implementation to address project-generated water. Finally, the applicant realises that the plans at this stageare-conceptual only and understands the comments of the Department. Please note, however, that prior to finalizing its plans and also during the permitting process, the plans will still require the review and approvals of all respective agencies, which will also include the Department of Public Works. We trust that the foregoing adequately addressed the agency comments. If not or should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. 1 S ~UKE (~rf; : YNi Planning Consultant Copy - Matsuno Enterprises wi enclosures i To: 10-04-2005 Sidney Fuke 100 Pauahi St #206 Hilo, Hawaii 96720 Dear Sidney, I am in receipt of your letter wishing to change zoning on TMK: 3/2-3-36: Portion 18 to CN-20. I whole-heartedly support your efforts under 2 conditions. 1 -Being that my property is located below the property you wish to develop my concern is run-off. Provisions must be made to avoid any downstream damage from water, mud or chemicals to my or any of my neighbor's property from grading & grubbing to completion and well beyond. 2 - CN-20 offers this land to a wide variety of commercial application. Please keep the retail tenant base limited to one that you would not mind having in your neighborhood. Best of luck & aloha, Logan Evans 2-3-019: 003 250 Kapiolani St. Hilo, Hawaii 96720 CC K Higa EX `IBIT SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax: (BOB) 969-7996 ~ • Subdivision • Land Use Permits E-mail: sidfuke@verizon.net • Environmental RepoAs October 27, 2005 Mr. Logan Evans 250 ICapiolani Street Hilo, Hawaii 96720 Dear Mr. Evans; Subject: Matsuno Enterprises Rezoning (REZ OS-019) Ponahawai. Hilo. Hawaii. TMK: 2-3-36: Portion 18 Thank you very much for your letter of October 4 regarding the subject matter. Understandably, the applicant is appreciative of your letter of support. Relative to your suggested conditions, the owner/applicant is mindful of your drainage concerns during the construction and post-construction phases of this project. In that regard, please note that the applicant will be required to have a registered engineer prepare the required site (grading/grubbing) plans which ultimately has to be submitted to the County for review and approval. These plans must reflect the containment of all project-water generated on-site. The drainage system cannot also be designed to divert waters to adjoining properties or the Alenaio Stream. Generally, a system of drywells is developed to contain the water on-site. Because the applicant is going through the entitlement process now, no specific tenants have been identified. However, the preliminary thought is to have tenants that would complement the existing medical uses in this area, as well as the possible office needs of University of Hawaii at Hilo. We trust that you will find those types of use non- objectionable. The requested Commercial Neighborhood zone allows only a limited number and type of commercial uses (hence, neighborhood), unlike the more intensive CG (General Commercial) or CO (Commercial Office) categories. I trust that the above adequately addressed your letter. If not, please feel free to contact me again. Again, thank you very mucch for your supportive letter and comments. ~~i z~ ' SIDNEY M. HIKE Planning Consultant Copy --Planning Department w/ enclosure E%ir d~~ Matsuno Enterprises w/ enclosure RMatsunoRE2.doc - 17/115/05 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MATSUNO ENTERPRISES, LTD. CHANGE OF ZONE APPLICATION tREZ OS-019) Upon cazeful review of the request, the Planning Director recommends 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 Agricultural 1-acre (A-la) to Neighborhood Commercia120,000 square feet (CN-20) to develop a commercial and ot3ice shopping center to service the retail and office needs of the surrounding residential areas. The project will be sited on approximately 8 acres of the 24+ acre parcel. Although the design ol'the project is conceptual at this stage, the applicant proposes to develop a project in keeping with the residentiallcommercial ambiance of the area. The site plan indicates: • one 1-story structure (marked "retail") approximately 12,775 squaze feet • one 2-story structure (mazked "office") approximately 21,600 squaze feet • one 2-story structure (marked "retail and office") approximately 31,000 square feet • one 1 & 2-story office building approximately 45,300 square feet • 340 parking stalls • loading areas • one access (Street "A") from Ponahawai Street • Street "B" along the southern boundary of the project site • landscaping Potential uses for the structures include financial institutions, restaurants, grocery store, and office space. There will be approximately 109,000+ square feet of commercial retail and office space. The applicant states that the office space would be intended for the medical profession as well as any University of Hawaii support functions. The estimated cost of the development is between ten to fifteen million dollars. In order to consider an azea for any type of zoning designation, the applicable goals, policies and standazds of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis agproach 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 areas in the County. The change of zone request from an Agricultural (A-la) to a Neighborhood Commercial (CN-20) zoned district conforms to the goals, policies and standards of Land Use (Commercial) and Economic Elements of the General Plan. The Land Use Pattern Allocation Gui~_ie (LUPAG) Map component of the General Plan is a representation of the docrunent'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 CN-20 district conforms to the LUPAG Map, which designates the property and its immediately surrounding azea as Medium Density Urtran. Such designation may allow neighborhood commercial uses, including office and retail uses. 'Ilierefore, the requested Neighborhood Commercial zoning is consistent with the Medium Density Urban designation on the LUPAG Map for this area of Hilo. 'I'he request would also 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 transportafion systems....." The project site is located within close proximity to schools, commercial areas, employment cen tern and public safety services. The property is a vacant, approximately 24-acre site fronting Ponahawai Street, of which 8 acres (project site) is proposed to be used for the commercial development. The Alenaio Stream is located approximately l30 feet f rom the southern boundary of the project site and forms the reaz boundary of the property. "The property was formerly planted in sugaz cane. It is presently overgrown with weeds and other introduced plant species. _2_ The property was incrementally zoned from an A-la to a RS-7.5 district under Ordinance No. 487 effective August I, 1972. However, by letter dated May 29, 2003, the Planning Director determined the azea previously rezoned as being within the A-la district. The Planning Director is initiating a repeal of the 24.495-acre portion of the property which includes the 8-acre project site within Ordinance No. 487. Surrounding lands aze in a mix of commercial, agricultural and single-family residential uses. The adjacent properties aze vacant and zoned A-1 a to the west (mauka) and RS-7.5 to the east (makai}. Properties to the north are zoned A-1 a, and properties to the south are zoned RS-7.5. There is a nursery (TMK: 2-3-36: 21) as well as a vacant property (TMK: 2-3-36: 19) across the street to the north. On April 2, 2004, Use Permit No. 199 was granted on the vacant parcel (TMK: 2-3-36: 19) for a church and related improvements. Homelani Cemetery is located diagonally across from the area under consideration. Police and fire stations aze located less than one mile from the site. The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Flood Insurance Rate Maps (FIRM) indicate that the project azea is located in Zone "X," areas determined to be outside of the 500-yeaz flood plain. The Department of Public Works has confirmed that the project azea is not located in a flood zone. There are no significant drainage ways that adversely affects the project site. While there ate 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 project site has been previously used for sugar cane. Given 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 archaeological sites within the property is unlikely. By letter dated September 30, 2005, the applicant requested a determination of "no effect." Access to the property is from Ponahawai Street, aCounty-owned and maintained roadway with an approximate 60-foot wide right-of--way. The principal access from Ponahawai Street is proposed to be located at the western end of the project site. This location is neaz the center of the entire 24+ acre property. According to the applicant, the -3- access is designed to also service the remaining 16+ acres which is proposed to be developed for residential uses in the future, and not a part of this request. The portion of the site fronting Ponahawai Street as well as the primary road within the project site will be improved with curb, gutters and sidewalk. The applicant also intends to install a dedicated left tum lame into the property from Ponaliawal Street. The Department of Public Works (DPW} has recommended that the applicant provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the approval of the DPW. The DPW also recommends a single access road to the project site, and requires the construction of the access road to dedicable standards with concrete curb, gutters, and sidewalks within a minimum 60-foot wide right-of--way. All utilities and services are or can be made available to the site. Electrical and telephone services are available to the property. Police and fire services are available less than one mile from the site. According to the Department of Water Supply, County water is available from an existing 8-inch waterline fronting the property along Ponahawai Street. The 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 project site is not proximate to the shoreline and therefore will not he 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 not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the azea. In 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: -4- • Investieation 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. By letter dated September 30, 2005, the applicant requested a determination of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. As of this writing, the DLNR-HPD has not provided any comments. • 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 used for sugar cane. • Possible adverse effect or impairment of valued resources: Nafive 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 aze known to inhabit the pazcel or are expected to be discovered on the site. ? 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 aze 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 an Agricultural 1-acre (A-1 a) to a Neighborhood Commercia12Q000 square feet (CN-20) district would result in an appropriate land use pattern and fitrther benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo 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. -s- CMatsuooRliZ.dac-11/IS/US MATSUNO ENTERPRISES, LTD. CHANGE OF ZONE APPLICATION (REZ OS-Ol9) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the llepartment of Water Supply, the applicant shall submi~ the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Depaztment of Water Supply within 90 days from the effective date of this ordinance. C. In accordance with the Department of Water Supply's 2(I~Z Water System Standards, the existing 8-inch waterline in Ponahawai Street shall be upgraded to obtain the 2,000- gallons per minute fire-flow requirement for the proposed uses. D. Construction of the proposed improvements shall be completed within five (5) years fram the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Platming Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. Landscaping shall he indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining pazcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). E. The applicant shall provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. F. Access to the property shall be limited to a single location along Ponahawai Street. The access connection to Ponahawai Street shall conform to Chapter 22 (Streets) of the Hawaii County Code. A dedicated left tum lane into the property from Ponahawai Street shall be provided prior to the issuance of an occupancy permit. G. The access road(s) within the project site shall be constructed to dedicable standards with concrete curb, gutters, and sidewalks within a minimum 60-foot right-of--way. H. Install street lights and traffic control devices as required by the Traffic Division, Departrnent of Public Works. I. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed, meeting the approval of the Departrnent of Public Works. J. A Solid Waste Management Plan shall be submitted to the Departrnent of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. K. AI (earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate azea 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 cleazance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. M. Should the Council adopt an Unified Impact Fees Ordinance setting forth criteria for imposition of exaction:. or the assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance. N. To ensure that the Goals and Policies of the Housing Element of the General Plan aze implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final subdivision approval. O. If the applicant, successors, or assigns develop residential units on the subject property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution f'or each lot shall be based on the actual number of residential units developed. The fair share contribution in -2- a form of cash, land, facilities or any combination thereof shall be determined by the County Council. 'The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based ort the percentage change in the Honolulu Consumer Price Index (HOPI). The fair shaze contribution shall have a maximum combined value of $6,411.25 per multiple family residential unit ($9,991.20 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. "The fair share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: ] . $3,162.49 per multiple family residential unit ($4,817.93 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $99.95 per multiple family residential unit ($232.42 per single family residential writ) to the County to support police facilities; 3. $307.46 per multiple family residential unit ($459.06 per single family residenha] unit) to the County to support fire facilities; 4. $137.04 per multiple family residential mlit ($200.98 per single family residential unit) to the County to support solid waste facilities; and 5. $2,704.31 per multiple family residential unit ($4,280.82 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant. may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. P. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. Q. An annual progress report shall be submitted to the Planning Director 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 to which the conditions of -3- approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports aze not required. R. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: i . The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that aze 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 year 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 desigaiation. -4- CC7LINTY OF ~-I~`WAI`I S`I'f~T'E tJF I~AWAI`I BILL NO. _ (PLANNING DEPT) C,Ibi)IIvJA1~1C.Jh; 1`~C). AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE).OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAI`[, COVERED BY TAX MAP KEY 2-3-36:18. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follow s: The district classification of the following area situated aC Ponahawai, South Hilo, Hawaii, shall be Neighborhood Commercial (CN-20): Beginning at the northeast corner of this parcel and along the southeasterly side of Ponahawai Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAL", being 186.37 feet North and 1,972.96 feet East, thence running by azimuths measured clockwise from tnie South: 1. 325° 53' 500.87 feet along the remainder of Grant 252 to B. Pitman; 2. 52° 30' 682.18 feet along the remainder of Grant 252 to B. Pitman (remainder of Lot 2); 3. 142° 30' 500.00 feet along same 4. 232° 30' 711.74 feet along Ponahawai Street to the point of beginning and containing an area of 8.000 Acres. 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, Hawai `i County Code 1983 (2005 Edition), 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 declazed 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 HAWAi`I INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- --,T- R5-rs'', ~ , iHallil r S,7 I ~ i~rM-11 I ~~1 i RS-~, 5 i t 11 i i _ - I I I I I I i, ~ 1 RM-1 I ~I u ulStl ~ tp ' RS-i~ ~ it y i -J ~ ~ I i i I, ' ~ ~ ~ RS-7i5 ~RMd y i i OPEN ) m - _ F PROJECT C -10 x DISTRICT M ~ m RS-7.5 '1 ~ . La 1, ~ ~ ~ pant ps ¢ No%t`e RS-7.5 ' RS-7.5 OPEN ~ RS-7.5 RM-i " x v U CN-10 A-fa RS-7.5 COH A-ta R - R~-1 g f i cF IP~-7.5 - - u 1~6.37N ~ 1 72.96 E' o A-fa ~ A'1a ~ ~ "ALAI"~ j~ r~.1. II I o AQRICULI~,IIRA (A-1a)TO ~ ~ RSy7.5 ~ i a iNEI II~O HdOR~O~MERCIAL CN-20) I R~-7.5 - - .000 A RES ~ A-ta ' ~ R~-7.5 RSLS~ RM-1 RM- - ~ R5~7.-5 A-fa I A-1a ~rx - u t a a ' ~s~bs Rs17s ~ ~maLa~he ~o~° ~ RM-~ -3. I I RS-7:5 ~ NB - o ~ i - i i in IzA ~ R -RS-1.5- R547:5 ~ ~,.-R${75 I ~ o RM-i ~ ~n ~ - ~ ~ - ~ ~ RM-a niiru fa I ° t s-~.s ~ RM-1 tata~s - ~I ~ ' N Rs-xs ' i R~"4/ i 1 - i - $ ~ ~ ~ u, t fiiw" a - 0 4 p ~ , to I ~'9i ' ok i H i - t I ~ ~ RM-4 ° ~ ~ I R -Y5 I R&7.5 ~ ~ o m RSiJ.$ i R~-4" ~4 ~ i-~-~ S-b. _i L~ 1 I lR~7i5 ~ ~ "i50 325 0 n50 1 300 1 450 2 600 3 26 i F et AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-1a) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-3-036-Por. 018 Date: September 27, 200 EXHIBIT ~~A~~ (Matsuno Enterprises, Ltd -1178)