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HomeMy WebLinkAboutCOM 0951.000 2004-2006 M<r os x!K Harry Kim Dixie Kaetsu : • Managing Director Mayor Barbara Kossow '~rf WA Deputy managing Director County of Hawaii 25 Aupuni Street, Rome 215 • Hilo, Hawaii 967204252 • (808) 9615211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740 (808) 329-5226 • Pax (808) 326-5663 rc=a - G"J l~) L June 20, 2006 c (V fZi Honorable Stacy Higa, Chairman and Members of the County Council 3 r. County of Hawai'i 25 Aupuni Street -'1 Hilo, HI 96720 Dear Chairman Higa and Members: Change of Zone Application (REZ 06-000039) Applicant: Alice Adee, M.D. Request: RS-10 to RCX-20 Tax Map Key: 2-2-25:18 Change of Zone Application (REZ 06-000034) Applicant: Hirayama Brothers Electric, Inc. Request: RS-10 to CN-20 Tax Map Key: 2-2-34:13 Change of Zone Application (REZ 06-000035) Applicant: Ivan Mochida Request: RS-10 to RM-2.5 Tax Map Key: 2-2-36:102,103 As required by Chapter 4, Sec. 6-4.3(C), Hawai'i County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sind Harry Kim Comm. No. Mayor Ref. To• Ref. Uate Enclosures cc: P 4 431 U, lanning Department S7 0?7 /_7 YY OI~ •••rfOiMP+ County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai'i 96720 Phone (808) 961-8288. Fax (808) 961-8742 June 20, 2006 A> t, w GJ l/ C_ Stacy Higa, Chairman and Members of the County Council County of Hawaii r I- 25 Aupuni Street cn Hilo, HI 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ 06-000039) Applicant: Alice Adee, M.D. Request: RS-10 to RCX-20 Tax Mau Key: 2-2-25:18 The Planning Commission, after a duly held public hearing on June 2, 2006, voted to recommend for your approval the proposed legislative bill to change the district classification from a Single Family Residential - 10,000 square feet (RS-10) to a Residential-Commercial Mixed Use - 20,000 square feet (RCX-20) district for 20,438 square feet of land. The property is located at the northwest intersection of Kinoole Street and Olona Street, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a change of zone from Single-Family Residential 10,000 square feet (RS-10) to Residential-Commercial Mixed 20,000 square feet (RCX- 20) to convert an existing single-family dwelling into a medical office. A minimum of nine parking stalls are proposed. The estimate cost of the project is $75,000.00. Should the request be approved, the applicant intends to begin the renovation before the end of this year. Although the applicant currently has no intention of constructing a new building on the site, in the event a new structure is constructed, the applicant intends to retain a residential scale of the building. Hawai `i County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from Single-Family Residential 10,000 square feet (RS-10) to Residential-Commercial Mixed 20,000 square feet (RCX-20) will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms with the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. 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 LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated High Density Urban on the LUPAG Map. The High Density Urban designation includes general commercial, multiple family residential and related services (multiple family residential - up to 87 units per acre). The current High Density area in the vicinity of the project site is identified by the area bounded by Kilauea Street to the east, Kawili Street to the south, and Kapiolani Street to the west. The RCX zoning provides for the mixing of some small-scale service type commercial uses in a district that is primarily residential in character. The intent of this district is to include certain convenience type of commercial uses in a residential area to provide more of a neighborhood character to the area. The requested RCX zoning would be consistent with the designation on the LUPAG Map for this area of Hilo, as surrounding areas are a combination of residential and some commercial uses. The State Land Use designation for the subject property is Urban. The property is designated Unclassified by the Land Study Bureau's Productivity Rating. The proposed change of Stacy Higa, Chairman and Members of the County Council Page 3 zone would complement the existing residential and commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is an approximately 20,438-square foot parcel on the northwestern corner of Kinoole Street and Olona Street. There is an unoccupied 60+ year old, approximately 1,507-square foot single-family dwelling and a detached carport on the site. Real Property Tax records indicate an unfinished approximately 1,654-square foot basement in the structure. The carport will mostly likely be removed or demolished. The driveway is located on Olona Street. The property is landscaped with a lawn on the front and rear of the property, as well as tangerine, plumeria and other ornamental trees. The site is fairly level and is located at approximately the 90-foot elevation level. Lands in the immediate vicinity are zoned RS-10 and are mainly residential in nature. The Hilo Meishoin Church and UH Student Housing are in close proximity to the site. Lands west of the site are zoned RM-1. There is an abandoned railroad right-of-way adjacent to the property to the west. All utilities and services are available to the site. Access to the project site is proposed from Olona Street, a County roadway with an approximately 60-foot right-of- way, and pavement width of 20 feet. There are five-foot wide shoulders on both sides, and on-street parking is possible. Kinoole Street has a right-of-way width of approximately 60 feet with a 24-foot wide pavement. There is a dedicated, but modified right-turn lane from Kinoole Street onto Olona Street and a sidewalk fronting the property on Kinoole Street. Olona Street ends at the student housing and the Hilo Meishoin Church. The Department of Public Works recommends full improvements to the frontage along Olona Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk and any required relocation of utilities. County water is available to the site. The property currently uses a cesspool to dispose of wastewater. The Department of Environmental Management states that there is an existing County sewer line on Kinoole Street. Solid waste will be handled by commercial haulers. Electricity and telephone services are available to the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500-year floodplain. Stacy Higa, Chairman and Members of the County Council Page 4 As the property is fully developed, no professional surveys were conducted of the site. The applicant has stated that should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicant will notify the Planning Department. By letter dated February 25, 2006, the applicant has requested a letter of "no effect' from the State Department of Land and Natural Resources Historic Preservation Division. No professional surveys were conducted of the site. The property is landscaped with a lawn and plants such as ti, plumeria, monstera and tangerine trees grow on the property. As the site is improved with a dwelling, the applicant does not believe that rare or endangered floral or faunal resources are on the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located more than one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, as the property is fully developed, 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. Based on the above findings, approval of this change of zone from Single-Family Residential 10,000 square feet (RS-10) to Residential-Commercial Mixed 20,000 square feet (RCX-20) would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. Stacy Higa, Chairman and Members of the County Council Page 5 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. SinL'ameda, C. Chairman Planning Commission LadeeUPC Enclosures cc; Mr. Sidney Fuke Alice Adee, M.D. Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu w BAdmREZAo 5/8/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ALICE ADEE, M.D. CHANGE OF ZONE APPLICATION (REZ 06-000039) ALICE ADEE has submitted an application for a Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to Residential-Commercial Mixed Use 20,000 square feet (RCX-20) for approximately 20,438 square feet of land. The property is located at the northwest intersection of Kinoole Street and Olona Street, Waiakea, South Hilo, Hawaii, TMK: 2-2-25: 18. T REQUES 1. Proposed Development: Change of zone from RS-10 to RCX-20 to convert an existing single-family dwelling into a medical office. A minimum of nine parking stalls are proposed. The estimate cost of the project is $75,000.00 Although the applicant currently has no intention of constructing a new building on the site, in the event a new structure is constructed, the applicant intends to retain a residential scale to the building. (Exhibit 1- Change of Zone application) 2. Landowner: Adee Investment Resources LLC. STATE AND COUNTY PLANS 3. State Land Use Designation: Urban. 4. General Plan LUPAG Map: High Density Urban. 5. Hilo Community Development Plan: RM-4. 6. CountyZoning: RS-10. 7. Proposed RCX Zoning: The RCX (residential-commercial mixed use) provides for the mixing of some small-scale service type commercial uses in a district that is primarily residential in character. The intent of this district is to allow a residential area to have certain convenience type of commercial uses so as to provide more of a neighborhood character to the residential area. The height limit in the RCX district is 45 feet. The minimum yards in the MCX district are front and rear yards 20 feet and side yards, 8 feet for a one-story building, plus an additional two feet for each additional story. 4- /ibai Boa 8. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. 9. Special Management Area: The SMA is a part of the Coastal Zone Management Program regulated by the County. The project site is located more than one mile from the shoreline and is not in the SMA. DESCRIPTION OF THE SITE AND SURROUNDING AREA 10. Subject Property: The property is an approximately 20,438-square foot parcel on the northwestern corner of Kinoole Street and Olona Street. There is an unoccupied 60+ year old, approximately 1,507-square foot single-family dwelling and a detached carport on the site. Real Property Tax records indicate an unfinished approximately 1,654-square foot basement in the structure. The carport will mostly likely be removed or demolished. The driveway is located on Olona Street. The property is landscaped with a lawn on the front and rear of the property, as well as tangerine, plumeria and other ornamental trees. The site is fairly level and is located at approximately the 90-foot elevation level. 11. Surrounding Zoning and Land Uses: Lands in the immediate vicinity are zoned RS-10 and are mainly residential in nature. The Hilo Meishoin Church and UH Student Housing are in close proximity to the site. Lands west of the site are zoned RM-1. There is an abandoned railroad right-of-way adjacent to the property to the west. 12. Land Study Bureau's Productivity Rating: Unclassified. 13. Noise Impacts: Existing ambient noise includes vehicular traffic. Short-tern noise impacts associated with the project are temporary, and all applicable State rules governing construction noise abatement will be observed. 14. Air Quality: The proposed project will not directly impact air quality in the area. The applicant proposes to renovate an existing single-family dwelling, thus no new construction is proposed. If a new structure is constructed, fugitive dust during construction can be mitigated by compliance with the Department of Health's regulations. 15. FIRM: Zone 'W', an area outside of the 500-year flood plain. 16. Coastal Hazards: The property is located over one mile from the shoreline, is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. -2- 17. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 18. Visual Resources: The proposed project will not affect the line-of-sight toward the ocean. 19. Flora/Fauna: No professional surveys were conducted of the site. The property is landscaped with a lawn and plants such as ti, plumeria, monstera and tangerine trees grow on the property. As the site is improved with a dwelling, the applicant does not believe that rare or endangered floral or faunal resources are on the site. 20. Archaeological/Historical Resources: As the property is fully developed, no professional surveys were conducted of the site. The applicant has stated that should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicant will notify the Planning Department. By letter dated February 25, 2006, the applicant has requested a letter of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. 21. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 22. Public Access: None that traverses the property. PUBLIC UTILPMS AND SERVICES 23. Access: Access to the project site is proposed from Olona Street, a County roadway with an approximately 60-foot right-of-way and pavement width of 20 feet. There are five-foot wide shoulders on both sides, and on-street parking is possible. Kinoole Street has a right-of-way width of approximately 60 feet with a 24-foot wide pavement. There is a dedicated, but modified right-turn lane from Kinoole Street into Olona Street. There is a sidewalk fronting the property on Kinoole Street. Olona Street ends at the student housing and the Hilo Meishoin Church. The Department of Public Works recommends full improvements to the frontage along Olona Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk and any required relocation of utilities. -3- 24. Water: Water is available to the site. , 25. Wastewater: The property currently uses a cesspool to dispose of wastewater. The Department of Environmental Management states that there is an existing County sewer line on Kinoole Street. 26. Solid Waste: Solid waste will be handled by commercial haulers. 27. Essential Utilities and Services: Electricity and telephone services are available to the site. Three County fire stations and emergency medical services are available to the property. The Hilo Medical Center is located approximately three miles from the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 28. Department of Public Works: Exhibit 2 - April 12, 2006 memo 29. Department of Water Supply: Exhibit 3 - April 25, 2006 memo 30. Police Department: Exhibit 4 - April 4, 2006 memo 31. Fire Department: Exhibit 5 - March 29, 2006 memo 32. Department of Environmental Management: Exhibit 6 - March 24, 2006 memo 33. Department of Health: Exhibit 7 - March 31, 2006 memo AGENCIES - NO RESPONSE 34. Department of Land and Natural Resources Land Division and Historic Preservation Divisions APPLICANT'S RESPONSE TO AGENCIES 35. Exhibit 8 - April 11, 2006 letter PUBLIC COMMENTS 36. None as of this writing. -4- ZOOS MfiR 6 F T z ^ 22 PU-J •1i - T MEET APPLICATION FOR COUNTY REZONING (RS-10 to RCX-20) APPLICANT: ALICE ADEE, M.D.. Waiakea, South Hilo, Hawaii TMK: (3) 2-2-25: 018 Prepared For: Alice Adee, M.D. Prepared By: Sidney M. Fuke, Planning Consultant February 2006 EXHIBIT CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Dr. Alice Adee APPLICANT'S SIGNATURE: DATE: 2/18/06 ADDRESS: 478 Hookina Place Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)969-6664 (Res.) (Fax) Q35"d~~~ LANDOWNER(S): f't l i c-e- Ad ¢ a-~ LANDOWNER SIGNATURE(S): DATE: 2/18/06 LANDOWNER(S) ADDRESS: Same as applicaantay be by letter) REQUEST: RS-lo TO RCX-20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-2-25:18 STREET ADDRESS OF PROPERTY: 1422 Kinoole Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20,428 square feet AGENT: Sidney M. Fuke Planning Consultant ADDRESS: 100 Pauahi Street Suite 212 Hilo, M 96720 TELEPHONE: (Bus.) 969-1522 (Ices,) (Fax)969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Dr. Alice Adee (See Instructions on Reverse Side) ATTACHMENT Commercial, RM, Resort, 6 Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? N/A b. -Into what lot sizes? C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? N/A 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? No b. Sell or lease the land to someone who has tentative plans? No c. Sell or lease the land to someone who has no plans? No Cl- 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. Convert the eAstiog dwelling into my medical office. 4. 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? Yes If so, what kind? An existing single family dwelling and related improvements What do you intend to do with those buildings if your request is approved? Renovate and convert them for my medical office 7. 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- 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? Yes No a. Schools x b. Roads x c. Sewer x d. Drainage x e. Police Protection x f. Fire Protection x 9. Recreational Facilities x h. Recreational Facilities x 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 cleared in the past. Signature: Address: 478 Hookina Place Telephone: 969-6664 Date: February 18, 2006 -5- 6330A/50A COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST - RS-10 to RCX-20 DR. ALICE ADEE TAX MAP KEY: (3) 2-2-25: 018 WAIAKEA, SOUTH HILO, HAWAII 1. INTRODUCTION The applicant, Dr. Alice Adee, is requesting the rezoning of a parcel of land consisting of 20,428 square feet from Single-Family Residential (RS- 10) to Residential-Commercial Mixed Use (RCX-20). The subject site is located on the northwestern or "mauka Hamakua" comer of Kinoole Street and Olona Street. If successful, the applicant plans to convert the existing dwelling into her medical office and with possibly a few associates. Although the applicant has no intention of constructing a new building on the site, in the event a new structure is erected, the applicant intends to retain a residential scale to it. II. PROJECT LOCATION As noted earlier, the subject site consists of 20,428 square feet and is identified by TMK 2-2-25: 018. The site is located on the northwestern comer or `mauka Hamakua" comer of Kinoole Street and Olona Street. Immediately west or mauka of the subject site along Olona Street is a 36- unit student housing project (rohbi Hale). The Hilo Meishoin Church is situated opposite of the student housing project at the end of Olona Street (Figures 1 and 2) There are single-family residences on the north, south, and east skies of the subject property fronting Kinoole Street. There is a 30-foot wide abandoned railroad right-of-way adjacent and to the rear of the subject site. The immediate area is characterized by residentially oriented uses, such as the student housing project, single-family residences and a church. Given the proximity of the University of Hawaii at Hilo, however, this general area is being slowly transformed from an exclusive single-family residential area to a mixture of student and multiple-family housing and a sprinkling of light commercial uses, particularly along Lanikaula Street. For example, the site of the Tohbi Hale student housing is zoned RM-1, as well as other properties west of the subject site. There is also a commercial office building on the same block as the subject property, located on the comer of Lanikaula and Kinoole Streets. i Yahoo! My Yahoo! Mail "Ike Yahoo! your home page r30101 LOCAL S'W Maps a user? Sign Up Take control of Your Web, TOOLBAR a- * Map for: 1422 Kinoole St Hilo, HI 96720 Driving Directions: To Here - From Here ® Printable Version I ® Email Mao I OB to this Man ©MYYI. Zoom In - - Is0city567state910- gip Zoom aY~ xt Out ~%S, n~, .N f s.1~s tic H k mall ma .,Or`~ Vjc, L ~`la f £Can }~1a a HQa ~ ill rnt t 1 W W tanJkaut . ~ \i'. ~ ~~a ~n 'I 000 ft ! 4 ~ 2005 Yahoo! Inc APPLICANT - Alice Adee, M.D. TMK: (3) 2-2-25: 018 Figure I InJ ex& flv.no aOI.< ~ rc i>ae«.J• KAP/OLAN/ gl re.aei«u STREET 1% 140 S x px n 00Q d ar 61 0 s D 4 .b.a ! ~AN 4 AN rlSf~ zg< A y ,A3 N AU °i4 - .+e.-r addaasl w.-;.... o.....~.-.ree nxsen<yo N > A:J b' <i. • L'.. b6 sav ; A~ O ,a,R g y AC a0 2 I co e wie2 tE r hot 4 ° q . P-. AO. '°o"fia,~ AFB MJ y A I iA3 AM 0 6 .Q Alit, UL ULAN/ eA. N< 5f'TREET -~'4f[J9 AN YA aIN al A~0 ~3~ ni nwfj [roep ~ IN C aC A ME HdIN < 1 uden ~ bPe; ' w a4 q CHJR(H T~ usi ous J i b ~ V a q~ • q~%' • \'J iacaa O' N.f •iiANPPNPb<w•<e .i.e,e.RP.. e, A/N 1 ~ /JG.~T Ne.f <N-le ro•9M•«•) • 0 I ' SUBJECT ; 3 fir- a SITE ! F3~ ° 0 = ®I KJNOO LC ,._.L„ ST Y ~3r o = ~ x I', ~ t -ALA k _ j h v1! t 1 ! a FF gg ~ . ~ $g 777 ~ r.~;F' Y I y e qVE: c. P1AT 2T ~c Figure 2 A s 111. PROJECT DESCRIPTION A. Project Concept and Components The applicant, who is family physician, presently practices in a rented office fronting Ululani Street. There are at least 5 on-site and on-street parking stalls available. While the present site is acceptable, the applicant wants to own rather than rent her office. In seeking a site, the applicant was driven by a preference to practice in an area where medical care could be reasonably accessible to students at the University of Hawaii at Hilo, where the applicant currently serves as its student health services physician. Additionally, she wanted to be closer to many of her clients, many of whom live in the growing residential subdivisions in the southwestern sector of Hilo. The proposed site was sought, as it is within walking distance of the vast majority of the residential student population. At the same time, because of the good road network system in this area, the site is reasonably accessible by cars, making it quite convenient and accessible to many of patients living in the Waiakea and immediate surrounding areas. Finally, because of the nature of her clients, the applicant believes that a residential setting would be appropriate. While providing needed service, the requested use would not significantly disrupt the existing neighborhood. In that light, the applicant believes that the subject site would be consistent with her objectives, while still fulfilling the County's land use policies. If the request were approved, the applicant would relocate her office to the subject site. Present plans call for the conversion of an existing 1,640 square foot single-family dwelling into a medical office for the applicant and possibly a few associates. A minimum of 9 parking stalls, including a handicapped stall, would also be provided on the site. (Figure 3) There is a possibility, albeit unlikely, that a new building would be constructed on the site. In that event, the applicant intends to maintain the residential ambience by having a single-story structure with a residential design. 2 r L S -100 N 171 z i I I } W 1 aF, \ . Z I ~ ~ e '"2~1 ' a I I fi,T b C I Z p I v d ~ l~ - ~ W ~ N p Y I ~ I l a ; Q , ~ W I J I I o i I ~ 1 s I d ~ ; i I W "I p I I ~ F I i I I ' I I I _ _ o I I 'a I i Ii I ~ U N I I. i I ~ ; 3 I LL I• ! I ~ 1 ° fi I g F-iiiii J ~ 3 ~ N I It a N Z - z O Q ; I O I I I , ~ ~ i I w o i 9N1 UYd I 1 1 1 ' Z a I, i 3 W I ; k N a I ~ i I ~ I I I f I 1 1 ? , N 1 - 1 I 1 I i I w 1 I w I 4~ i z I i d I I I Iv ~ I i I I Figure 3 I r ~ I As much as possible, the existing landscaping would be retained and enhanced. These include citrus trees and a lawn to the rear of the site, as well as a lawn along the Kinoole Street side of the property. This is intended to further retain the residential flavor of the structure and use. It should be emphasized that the proposed parking location is preliminary and may be adjusted to accommodate the spatial requirements of the potential users and County's design review and related construction requirements. The existing access along Olona Street would be used. If needed, the applicant could extend the sidewalk from Kinoole Street up to the driveway. The site is bounded by single-family residential uses on 3 of its 4 sides. As such, if needed, additional landscaping consistent with the County's Landscaping Rule will be implemented adjacent to these properties to mitigate potential visual and noise impacts. B. Project Timetable and Cost Should the request be approved, the applicant intends to finalize the renovation plans and begin construction before the end ofthis year. The estimated cost of this project is $75,000. Although unlikely, should the applicant elect to construct a new structure, the cost would be significantly higher. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map, if scaled, designates the site High Density. Relative to the High Density designation, the General Plan allows consideration for "General commercial, multiple family residential and related services (multiple family residential - up to 87 units per acre." As such, the requested RCX zoning would be consistent 3 with this designation, and no General Plan amendment is necessary. It should be noted that none of the proposed interim revisions initiated by the Planning Director affects the subject area. C. Hilo Community Development 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 RM-4 or multiple- family residential designation for this area. Notwithstanding this inconsistency, however, it is acknowledged that the growth of Hilo and its outlying areas like Puna 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. And the requested RCX zoning would be consistent with the General Plan's High Density Urban designation. D. County Zoning The County zoning of the subject area is Single-family Residential (RS-10). If the Residential-Commercial Mixed Use (RCX-20) request were approved, the existing residential structure would be converted into a small-scale, doctor's office building. Should that occur, all land use and development codes such as parking, landscaping, fire, ADA, and the like would be complied with. E. 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, building permit, and health clearances. 4 V. ENVIRONMENTAL CONSIDERATIONS A. General Description The 20,428 square foot site is located on the northwestern comer of Kinoole and Olona Street. It is generally rectangular in shape, with a width of 86± feet and length of 237 + feet. It has a wider frontage along Olona Street, where the driveway is located. The two structures on the site are a detached carport and the single-family dwelling. As noted earlier, the residential dwelling would be renovated and converted into an office for applicant. The detached carport would probably be removed or demolished to make room the required off-site parking. The site is fully improved based on its former residential use. There is a lawn on the front and back portions of the site. There are also tangerine, orange, lime, plumeria, and other ornamental trees around the site. B. Climate, Soil and Topouraphv 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 site is fairly level. It is approximately at the 90-foot elevation level. Being within a heavily urbanized area, the Land Study Bureau Overall Master Productivity Rating does not have any classification for this site. Likewise, 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. The U. S. Soil Conservation Service, however, has designated the soil type in this area to be of the Olaa Series (OID), which consists of well-drained silty clay foams that formed in volcanic ash. The surface layer and subsoil are extremely stony silty clay loam about 5 16 inches and 9 inches thick. The subsoil is underlain by Ka lava. Permeability is rapid, runoff is slow, and the erosion hazard slight. These soils are usually moist, but when dried, they have high shrinkage but low swelling potential. This soil type is widespread throughout downtown Hilo. C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Zone X (areas outside of 500-year flood). There are no drainageways through the site. Accordingly, the site has not and should not be subject to flooding. As there will be an added level of impervious surface resulting from the proposed parking area, there may be an issue relating to potential increased run-off. In that event, a drywell or similar type of accommodations will be implemented, subject to the review and approval of the Department of Public Works. The depth of this drywell - if needed - will be of sufficient depth to avoid potentially high groundwater table. 2. Tsunami Hazard As the site is situated over a mile from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. Thus, there would be little or no threat from high waves. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the entire City of Hilo as being within Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 to 1. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, the applicant understands and accepts that there will be added structural requirements to address this seismic hazard during the conversion process. 6 D. Fauna Resources Although there was 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. The site is not only within an urban area, it is in fact fully developed. Introduced bird species (such as dove, Japanese White-eye, house finch, myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. These are all common and not endangered. As such, it is unlikely that the development of the subject property would cause any adverse faunal impacts. E. Flora Resources No commissioned flora survey was conducted of the site due in large measure to its past and current residential use. In addition to the lawn, other tree and plant materials observed on the site were ti (Cordyline fruiticosa), plumeria (Plumeria rubra), monstera (Monstera deliciosa)and other common fruit and citrus trees such as the tangerine and orgnage. Given its past use, it is unlikely that the site would be a habitat for any listed threatened or endangered plant life. F. HistoriciCulturallArchasological Resources For the same reason noted above, no commissioned archaeological inventory survey and cultural assessment study was conducted of the subject site. The past and current residential use of the site, resulting in its extensive clearing, reduces the prospect of finding any archaeological remains. Nonetheless, during the course of developing this project, should any anticipated archaeological features or sites be uncovered, work in the affected area will immediately cease and the applicant will notify the Planning Department. G. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, 7 and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was ever used for the gathering of plants by native Hawaiians. However, as the site has been used residentially for over 50 years and landscaped with a lawn and other introduced plant species, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. There are also no known archaeological features or remains on the subject property. Based on the above, it does not appear that the project would have any potential adverse impacts relating to native Hawaiian cultural and historical resources and/or practices. 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 significant. Being a non-coastal property, no coastal access will be affected. Currently, there is a sewer line fronting the site. This line will continue to be used for the proposed use. Further as noted earlier, prior to the installation or use of any drywell 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. t. Noise. Air Quality, and Dust The existing background ambient noise levels are associated with the wind, foliage, birds, and the like. This is relatively low, averaging less than 45 Ldn. Manmade noise in this area, however, is heavily influenced by traffic along Kinoole Street. Although this project will introduce additional vehicular traffic to this area, it will be very insignificant due to its size and type (office versus retail) of use. Thus, any 8 traffic increase should result in a noise increase of less than 55 Ldn, which is within acceptable levels within an urban environment. The short-term noise impacts will be associated with the construction of the project. These will be temporary. Further, all applicable State rules governing construction noise abatement will be observed. The applicant also intends to not allow noise- generating construction activity to occur during the weekends and early morning and late evening hours. The proposed development should not generate any direct air ug 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 automobile air emissions and the prevailing tradewinds. All of the required parking area within the project site will be paved, with an all-weather, dust free surface. Additional landscaping, if required as part of the Plan Approval process, will be implemented. 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, Mauna Kea and Mauna Loa Mountains are listed as scenic resources. The proposed development would not have any visual impacts on either of those mountains, particularly from Kinoole Street. The location of the site is such that there will be no interruptions to these views. Further, the structure will essentially be no different than what presently exists on the site. Thus, there should be little, if any, visual impacts resulting from this project. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surroundina Land Uses 9 The land uses in the immediate area are generally residential in nature. There is a church, student housing, and single-family residences. There is also a commercial office and other multiple- family residential uses in the general area, particularly along Lanikaula Street. With the exception of the multiple-family residential structures, the design of the none-single-family residential structures is residential in size and scale. That is also the objective of the applicant. As such, while the requested use would be consistent with the design and scale of the immediate area, the use (doctor's office) could still generate some impact to the residences. To mitigate these impacts, design and construction factors such as the placement of future (if any) buildings, parking areas, lighting, landscaping, and the like will be taken into account. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would provide short-tern employment opportunities for those in the construction and related industries. With the completion of the project, there will possibly be a few long- term employment opportunities. More space will be available to accommodate another similar physician as well as the related support staff needed by the applicant (which is presently unavailable at her current site.) The subject property is located proximate to commercial areas, including Downtown Hilo, the Kaiko'o Mail area, and the University. It can thus be competitive with those areas. A commercial rezoning would also increase the tax revenues to the County. However, there could be some real property tax consequences for the adjacent residential properties. As the assessed valuation of the subject property rises due to the higher commercial use, there could be some fallout to neighboring properties. Nonetheless, for homeowners intent on keeping their property for residential uses, there are tax provisions that allow homeowners to "freeze" the valuation of their property for a certain period of time. C. Auricultural Impacts While there are some fruit trees, the site is not used for any intensive agricultural activities. The site has been used as a 10 The surrounding area is also heavily urbanized. Even the State ALISH's mapping system does not classify this site. Accordingly, the potential commercial agricultural value of the site - aside from limited domestic purposes - is minute, if at all. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project would be from Olona Street, which has a 20+ foot wide pavement within a 60-foot wide right-of-way. There are also 5+ foot wide shoulders on both sides, and on-street parking is possible. Kinoole Street also has a right-of-way of 60 feet with a 24-foot wide pavement. There is also a dedicated, but modified, right turn lane from Kinoole Street into Olona Street. There is also a sidewalk along Kinoole Street, although no on-street parking is allowed fronting the site, due in part to the dedicated right-turn lane. Olona Street ends at the student housing and the church. Thus, vehicular movements in this area are limited to those two uses. Olona Street is adequate for the proposed and existing uses. Given the limited movements, if required, the applicant would construct a sidewalk along Olona Street, up to the driveway entrance. B. Water The County water line fronts both Olona and Kinoole Streets. It is anticipated that the existing 5/8-inch meter would be sufficient for the proposed office use. C. Wastewater There is a sewer line fronting the property. This will continue to be used for this project. 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. 11 Typically, however, a project of this nature should generate solid waste that would be comparable to or less than a typical residence. All medically-related material will be disposed in a manner consistent with State and Federal disposal requirements. During the course of preparing the site for this conversion, the applicant intends to retain as much of the material on the property. This should thus minimize disposal at approved disposal sites. As such, the applicant does not believe that a solid waste management plan is necessary for a project of this nature. E. Other Government Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required, and existing facilities should be sufficient to accommodate the limited demand expected from this project At least three (3) County Fire Stations and Emergency Medical Services are located within a 5-minute response area. As this project is a commercial one, it should have little or no direct impacts to schools, parks, and other related facilities. Nonetheless, there are county parks, and public and private schools within 2 miles of the site. The Hilo Medical Center is located, approximately 3 miles from the site. This hospital is one of five licensed hospitals on the island. F. Other Utilities All other utilities such as telephone and electrical services are available to the site. 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 continued residential uses. However, the structure is presently not occupied. Further, 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 - albeit small - resulting 12 from the construction and implementation of this project. 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 region and immediate neighborhoods. The required infrastructure - if needed - will be implemented by the applicant to mitigate potential impacts of this project. Finally, the design and scale of the project will be residential in nature. As such, in spite of its "commercial" use, a residential ambience can still be retained. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the commitment of natural or other resources (such as archaeological) would not appear to be an issue. The likelihood of finding archaeological features on the site is remote, due to the past development of the site. Further, any unanticipated finds will be properly mitigated upon consultation with appropriate government agencies. C. Mitinative Measures The applicant intends to provide any required off and on-site infrastructure in conjunction with the development of this project. These may include drainage, wastewater, and water improvements. While the applicant does not believe it necessary, should the County require improvements to Olona Street with a sidewalk up to the driveway of the subject project, the applicant will comply. Likewise, the applicant, if required, is prepared to make on-site drainage improvements to accommodate the planned parking area as well as connecting to the sewer line. All of these, if required, will be done in conjunction with the permitting and permit implementation phases of this project. Although the potential for finding archaeological features on the site is remote, if any inadvertent discoveries are made during any phase of this project, the Planning Department will be notified. If required, additional landscaping will also be incorporated within the project site, as well as along the boundaries adjacent to the 13 neighboring residences. The landscaping would be consistent with the Planning Department's landscaping rules. There is a single-family residence on the property that has been vacant for the past year. As such, there should be no direct relocation issue associated with the project. D. Altematives to the Proposed Proiect 1. No Proiect Under the status quo alternative, the site would remain in its present residential use. Under this scenario, the site would not supporting a use (doctor's office) that services the community while keeping the residential flavor of the immediate neighborhood. 2. Development Based on ExlStinu RS-10 Zoning Under this alternative, the land could be further subdivided into 2 lots. That would make possible the addition of another dwelling. Given the location of the existing dwelling, however, it would not be feasible for another ohana unit, should the land be subdivided into 2 lots. The conversion of this site into a medical office, however, should be of benefit to the immediate area, given the site's proximity to the University and other residences. 3. Altemative Residential Densities The site could be developed for high density residential uses and that would be consistent with the General Plan. Given the existing residential flavor of the area along Kinoole Street, however, a low impact commercial development may render less impact to the area. 4. Evaluation of Alternatives Leaving the property in its current undeveloped state would not maximize the use of the land. There would also be diminished tax revenues and less services to the public. Alternative residential densities are possible, which could also provide community benefits. However, it is reasoned that the conversion of the dwelling into a doctor's office could 14 retain the single-family residential flavor more than an apartment complex. The project's impact to the area's social and physical infrastructure would not appear to be pronounced, particularly in light of the proposed use (doctor's office) and the residential scale and design of the building. Further, additional mitigative measures such as landscaping and so forth will be taken to address any possible impact associated with the proposed use. In that regard, the project in totality would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RCX-20 zoning alternative. IX REGULATORY ANALYSIS A. General Plan LUPAG May The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for the balanced growth of the County_ The LUPAG map designates the site High Density, a designation that allows the requested RCX-20 zoning. Accordingly, this request would not be inconsistent 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: 1. Economic Element Goals • Provide residents with opportunities to improve their quality of life. 15 • 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 that 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 that 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. Discussion The request would provide opportunities for a doctor's office to establish itself in an area that is serviced by a good transportation system. Relatedly, all required infrastructure is there or, if not and/or needed, will be provided by the applicant without taxing government's servicing ability. Further, the area is located proximate to residential, University, and business areas, making the site accessible also by foot traffic. There are schools, the University, commercial uses, and residential uses all within the immediate area. Because of the type of use (office) and its small-scaled nature, the requested project should be consistent with the land use pattern in this area, while 16 making it convenient for the region and surrounding neighborhoods. 2. 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, 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 17 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 As the City of Hilo and its surrounding area continue to grow, there will be a need for more office space in different parts of Hilo. However, not all type of office area needs to be in large structures. They can be within smaller structures, particularly where an area is in transition from residential to commercial. And this is the case here. From a visual and infrastructure perspective, the proposed use would not overwhelm the surrounding area. The subject site also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure, and where there are not, will be extended and/or provided by the applicant. The County water line is already available to the subject site. The applicant will connect to the sewer line. Police and fire protective services are available within a 5- minute response time. As such, this project should not require addition public services to be provided. The site does not have any on-site developmental constraints. The land is relatively level and is designated 'W' on the FIRM map. Further, because office use is not noxious, potential pollution concerns would be minimal, if at all. Being used as a residence in the past, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. There is also little evidence that the site would have any archaeological feature. Because of the proposed scale and type of use, the request would be - ironically - generally compatible with the surrounding residential area as well as the growing mix of commercial uses. To further mitigate potential visual and noise impact, additional landscaping can be provided adjacent to the surrounding residential properties. 18 Finally, the standards for an office building will be fulfilled. These include the acreage, setbacks, uses, parking, etc. C. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted in 1975 by the Planning Commission to serve as a guide to the General Plan. Although the site is designated RM-4, many changes have occurred over the past 25 years, making many of the planning assumptions obsolete. It should noted, however, that the retention of the existing structure would be somewhat in keeping with this residential objective. D. Zoning if the request is approved, the existing dwelling would be converted into a doctors office. All of the requirements relative to height, setback, landscaping, and parking, and the like would be complied- with. No variances from the Code are anticipated. It should be noted that properties fronting Kinoole Street are zoned RS-10. However, properties on the west or mauka side of the subject property are zoned RM-4. E. 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 • 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 19 • 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 historical 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 are or will be improved by the applicant prior to occupancy of the structure. These include possible sidewalk improvement along Olona Street and the wastewater and water systems. 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 properties. F. 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 falls 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. In that regard, please note the following: 20 • 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 residential 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 and the posting of a sign on the property of this request. • The proposed development is consistent with the County General Plan and other appropriate regulatory tools, such as the Zoning Code. 21 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII COB APR 23 19M 3 PL„b,q1E`-A0iIRT2 D06 y~~ (,vUi l Y Ul ,HAWAII l'/GeillQ~l~~Il~6lt TO: Christopher J. Yuen, Planning Director e FROM: Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000039) Applicant: Alice Adee, M.D. Request: RS-10 to RCX-20 Tax Map Key: 2-2-25: 018 We have reviewed the subject application forwarded by your memo dated March 23, 2006 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 (DPW). The subject parcel is 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. The Zoning Map (Ordinance No. 187) classifies Kinoole Street as a collector street and Olona Street as minor street. Both streets have an existing right-of-way width of 60 feet fronting the subject parcel. We recommend the applicant provide improvements to the entire frontage along Olona Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, and any required utility relocation, meeting the approval of the DPW. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG EXHIBIT Cnunt of Hawaii k an F.anal finnnrtunih Prnvidvr and Fmnlnvrr p\ M4 )fpJ 2Z APR 27 PM 2 57 f .9 o " DEPARTMENT OF WATER ~1JY 64f1 40\9 HAWAII o4,~Of PRM*\\~p+ 345 KEKOANAO'A STREET, S`d rC~12J1~ t• WtL01, 'AWli;'1 96720 TELEPHONE (808) 961-8050 FAX (808) 961-8657 April 25, 2006 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000039) APPLICANT - ALICE ADEE, M.D. REQUEST: RS-10 TO RCX-20 TAX MAP KEY 2-2-025:018 We have reviewed the subject change of zone application and have the following comment and condition. The subject parcel has water service from the Department through a 5/8-inch meter. Based on the prevailing water situations in the area, additional water can be made available from an existing 6-inch waterline along Kinoole Street, which fronts the property, with a connection size subject to review and approval during the construction phase of the proposed development. Lastly, should the change of zone request be granted, then the applicant must furnish proof that there is a departmentally approved backflow preventer (reduced pressure type) on the subject property just after the meter. The installation and assembly of the backflow preventer must be inspected and approved by the Department. This shall be done before the existing building is put to the proposed use. The backflow preventer shall be operated and maintained by the customer. A copy of our backflow preventer handout is being forwarded to the applicant to help them understand this requirement. Should there be any questions, please contact Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, dton D. Pavao, P.E. Manager SHK:sco copy - (w/enc.) Dr. Alice Adee O JL395P3 (w/o enc.) DWS Cross-Connection Section EXHIBIT Water brincj rrocyre6i... The Department of Water SuDDIv is an Eaual Oooortunily provider and emolover. To file a mrnnWmt of dicrd,,,~~~r~~n ,..a• I wnn n..........,~:__ Harry Kim. R PR ~p 'Police K. Mahuna Mayor 2005 RPR f P(9 2 Police Chief ~~rf•ei M~~~ Pun i- r-n V, Pi~~ v,,ni r , r itARygarry S. Kubojiri County of Hawaii vOUN fY Qt- hNA//ali Deputy Police Chief POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 • Fax (808) 961-8869 April 4, 2006 TO HRISTOP R J. YUEN, PLANNING DIRECTOR v~. FROM MES M. DAY, SSISTANT POLICE CHIEF, AREA I OPERATIONS SUBJECT CHANGE OF ZONE APPLICATION (REZ 06-000039) APPLICANT: ALICE ADEE, M. D. REQUEST: RS-10 TO RCX-20 TAX MAPY KEY: 2-2-25:18 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 comment. LW/111 EXHIBIT .Z .r 01,Rof?l -Hawaii County is an Equal Opportunity Provider and Employer' n",6 opp, `~Tr or qa»v, t vSu i Harry Kim Darryl J. Oliveira Mayor Fire Chief r"+ T Desmond K. We Cout I 1 1}t •j Nr } ry Depury Fire Chief Countp of joaWat`t FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 961-8297 • Fax(808)961-8296 March 29, 2006 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000039) APPLICANT: ALICE ADEE, M.D. REQUEST: RS-10 to RCX-20 TAX MAP KEY: 2-2-25:18 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 Roads "Sec. 10.207. (a) GeneraL Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. , "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). EXHIBIT ~Pt'~°~y ,WA Hawai9 County is an Equal Opportunity Prouider and Employer. Christopher J. Yuen March 29, 2006 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) Christopher J. Yuen March 29, 2006 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. ARR OLIVEIRA Fire Chief JCP:lpc 40. qI" 16 RR 1 r, tF ~ i i.-1 f ~ Barbara Bell Mayor Director F -_NI e,e 're a n^~ Nelson Ho irdt Deputy Director l'LIILInfv of wail iii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aulmm Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : March 24, 2006 To CHRISTOPHER YUEN, Plan/n~in4 Director From: BARBARA BELL, Direct Subject: Change of Zone Application (REZ 06-000039) Applicant: Alice Adee, M.D. Request: RS-10 to RCX-20 TMK: 2-2-25:18 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: ( ) 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 23-85 of the Hawaii County Code. ( ) Other: TECHNICAL SERVICES COMMENTS: '`~c44 ~1~CC 4 B', 1 LV x? SOLID WASTE COMMENTS: C art ( ) No comments (j()) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. (IQ Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. k,) Ample room should be provided for implementation of a recycling program. 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 all 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: SWD,WWD,TSS EXHIBIT 811191"c 's aitA G r LINDA LINGLE tE o -rq CHIYOME L. FUKINO, M.D, GOVERNOR yA> ,asa v`;, Director of Health y PAR r NCO IT yea i Pi I CiJUI',II STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: March 31, 2006 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Donn A. Hashimoto Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 06-000039) Applicant: Alice Adee, M.D. Request: RS-10 to RCX-20 Tax Map Key: 2-2-25:18 If a non-residential facility is using an existing cesspool which serves 20 or more persons per day, the cesspool is considered a large capacity cesspool (LCC). EPA requires closure or upgrade of the large capacity cesspool by April 5, 2005 or the owner could face enforcement action by EPA, including a fine of $32,000 per day per cesspool. WORD:REZ 06-000039.my 09,300'1 EXHIBIT SidneyFuke, Planning Consultant • Planning • Variance • Zoning 100 Pauahi Street, Suite 212 - Hilo, Hawaii 96720 - 17 Telephone: (808) 969-1522 - Fax: (808) 969-7996 • Subdivision - Land Use Permits -1 nvironmental Reports E-mail: sidfuke@verizon.net PLM v'; April 11, 2006 COUN I Y Or HAWAI) Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 06-0011039) - Alice Adee, M.D. Hilo H1 TMK:2-2-25.018 Thank you for providing me with a copy of agency comments to date on this matter. Relative to the Fire Department's comments, the requirements for fire flow and access roads will be addressed and complied with in conjunction with the building permit processes. All required improvements will be implemented prior to occupancy of any use within the subject property. In response to the State Department of Health's (DOH,)_comments, the projected wastewater demand for should be comparable to an existing single-family residential use. It is not anticipated to serve the equivalent of 20 or more persons per day. In either event, this should not be an issue, as the project will be serviced by an existing County sewer line fronting the subject property. Relative to the Department of Environmental Management's comments, as there are no substantial construction envisioned by this project, any construction waste should be minimal, if at all. The applicant will make its best effort to recycle material on the property, including the green waste. Any needed disposal will be done at approved landfill sites. 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. ~A ly, SIDNEY M. FUKE Planning Consultant Copy - Alice Adee, M.D. w/ enclosures EXHIBIT <s ..1 Y RAdeeREZ.doc-5/8/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ALICE ADEE, M.D. CHANGE OF ZONE APPLICATION (REZ 06-000039) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request 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 recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from Single-Family Residential 10,000 square feet (RS-10) to Residential-Commercial Mixed 20,000 square feet (RCX- 20) to convert an existing single-family dwelling into a medical office. A minimum of nine parking stalls are proposed. The estimate cost of the project is $75,000.00. Should the request be approved, the applicant intends to begin the renovation before the end of this year. Although the applicant currently has no intention of constructing a new building on the site, in the event a new structure is constructed, the applicant intends to retain a residential scale of the building. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from Single-Family Residential 10,000 square feet (RS-10) to Residential-Commercial Mixed 20,000 square feet (RCX-20) will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms with the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. 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 LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated High Density Urban on the LUPAG Map. The High Density Urban designation includes general commercial, multiple family residential and related services (multiple family residential - up to 87 units per acre). The current High Density area in the vicinity of the project site is identified by the area bounded by Kilauea Street to the east, Kawili Street to the south, and Kapiolani Street to the west. The RCX zoning provides for the mixing of some small-scale service type commercial uses in a district that is primarily residential in character. The intent of this district is to include certain convenience type of commercial uses in a residential area to provide more of a neighborhood character to the area. The requested RCX zoning would be consistent with the designation on the LUPAG Map for this area of Hilo, as surrounding areas are a combination of residential and some commercial uses. The State Land Use designation for the subject property is Urban. The property is designated Unclassified by the Land Study Bureau's Productivity Rating. The proposed change of zone would complement the existing residential and commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is an approximately 20,438-square foot parcel on the northwestern comer of Kinoole Street and Olona Street. There is an unoccupied 60+ year old, approximately 1,507-square foot single-family dwelling and a detached carport on the -2- site. Real Property Tax records indicate an unfinished approximately 1,654-square foot basement in the structure. The carport will mostly likely be removed or demolished. The driveway is located on Olona Street. The property is landscaped with a lawn on the front and rear of the property, as well as tangerine, plumeria and other ornamental trees. The site is fairly level and is located at approximately the 90-foot elevation level. Lands in the immediate vicinity are zoned RS-10 and are mainly residential in nature. The Hilo Meishoin Church and UH Student Housing are in close proximity to the site. Lands west of the site are zoned RM-1. There is an abandoned railroad right-of- way adjacent to the property to the west. All utilities and services are available to the site. Access to the project site is proposed from Olona Street, a County roadway with an approximately 60-foot right-of- way, and pavement width of 20 feet. There are five-foot wide shoulders on both sides, and on-street parking is possible. Kinoole Street has a right-of-way width of approximately 60 feet with a 24-foot wide pavement. There is a dedicated, but modified right-turn lane from Kinoole Street onto Olona Street and a sidewalk fronting the property on Kinoole Street. Olona Street ends at the student housing and the Hilo Meishoin Church. The Department of Public Works recommends full improvements to the frontage along Olona Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk and any required relocation of utilities. County water is available to the site. The property currently uses a cesspool to dispose of wastewater. The Department of Environmental Management states that there is an existing County sewer line on Kinoole Street. Solid waste will be handled by commercial haulers. Electricity and telephone services are available to the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500-year floodplain. As the property is fully developed, no professional surveys were conducted of the site. The applicant has stated that should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicant will notify the Planning Department. By letter dated February 25, 2006, the -3- applicant has requested a letter of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. No professional surveys were conducted of the site. The property is landscaped with a lawn and plants such as ti, plumeria, monstera and tangerine trees grow on the property. As the site is improved with a dwelling, the applicant does not believe that rare or endangered floral or faunal resources are on the site The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located more than one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, as the property is fully developed, 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. Based on the above findings, approval of this change of zone from Single- Family Residential 10,000 square feet (RS-10) to Residential-Commercial Mixed 20,000 square feet (RCX-20) would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- CA&eREZAo 5/8/06 ALICE ADEE, M.D. CHANGE OF ZONE APPLICATION (REZ 06-000039) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. If required, the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the effective date of this ordinance. C. The applicant shall install a backflow preventer (reduced pressure type) subject to the approval of the Department of Water Supply, prior to the issuance of a Certificate of Occupancy. The installation and assembly of the backflow preventer shall be inspected and approved by the Department of Water Supply. D. Conversion of the existing dwelling to a medical office shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors, or assigns shall secure Final Plan Approval from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code within one (1) year from the effective date of this ordinance. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans to mitigate any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). E. All driveway connections to Olona Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. Access to the property from Olona Street shall meet with the approval of the Department of Public Works. G. The applicant shall construct full improvements to the entire frontage along Olona Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk and any required relocation of utilities, meeting with the approval of the Department of Public Works within five (5) years of issuance of a Certificate of Occupancy. H. A drainage study shall be prepared and submitted to the Department of Public Works for review and approval, prior to submittal of plans for Plan Approval review. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. I. The project shall connect to the County sewer system. 1. Street lights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. K. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-BPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. L. Should the County Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. M. To ensure that the Goals and Policies of the Housing Element of the General Plan are 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 Administrator of the Office of Housing and Community Development prior to final plan approval for any new residential structures. N. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the properties with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become -2- due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in 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 on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share 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; • $99.95 per multiple family residential unit ($232.42 per single family residential unit) to the County to support police facilities; • $307.46 per multiple family residential unit ($459.06 per single family residential unit) to the County to support fire facilities; • $137.04 per multiple family residential unit ($200.98 per single family residential unit) to the County to support solid waste facilities; and • $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. -3- O. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. 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 year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission 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 area to its original or more appropriate designation. -4- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (PLANNING DEPARTMENT) 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 SINGLE-FAMILY RESIDENTIAL -10,000 SQUARE FEET (RS-10) TO RESIDENTIAL-COMMERCIAL MIXED USE - 20,000 SQUARE FEET (RCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-25:18. 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 follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Residential-Commercial Mixed Use - 20,000 square feet (RCX-20): Beginning at a pipe found at the south corner of this parcel of land, also on the northwest side of Olono Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 4,563.98 feet South and 6,959.37 feet East and thence running by azimuths measured clockwise from true South: 1. 148° 10' 00" 86.60 feet along a 30-foot railroad right-of-way to a pipe found; 2. 238° 10' 00' 237.00 feet along Lot 2, Block 103, to a pipe found; 3. 328° 10' 00" 66.60 feet along the west side ofKinoole Street to a pipe found; Thence, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: -1- 4. 13° 10' 00" 28.28 feet along Kinoole Street and Olona Street to a pipe found; 5. 58° 10' 00" 217.00 feet along the northwest side of Olona Street to the point of beginning and containing an area of 20,438 Sq. Ft., more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be 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. hi the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: -3- RS 10 RS-10 g a L_ RS-10 RS-10 y~ RS !0 RM-4 RS-10 RS-10 RS 10 R 10 KINOOLE ST RS 10 , 19 a CN-20 RS-10 'NM RS-10 .'aafl`a RS f0 RS-f0 ram„ 4,563.98S- RM-1 5 6,959.37 E "HALAPA SINGLE-FAMILY RESIDENTIAL (RS-10) RM-1 ESIDENTIAL-COMMERCIAL MIXED USE RCX- 0 3 20,438 SQ. FT. ULULANIST R -1 OPEN RM-1 i RM-1 240 120 0 240 480 720 960 1.2 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 SINGLE-FAMILY RESIDENTIAL (RS-10) TO RESIDENTIAL-COMMERCIAL MIXED USE (RCX-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-025:018 Date: March 22, 200 EXHIBIT "A" (Dr. Alice Adee. M.D.:1199)