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HomeMy WebLinkAboutCOM 0952.000 2004-2006 +tr os y~ Harry Kim, Dixie Kaetsu Mayor Managing Director Barbara Kossow ••,Tf OfM'+ Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 9615211 • Fax (808) 961 6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740 (808) 329-5226 • Fax (808) 326-5663 erp CJS June 20, 2006 iV Aio Honorable Stacy Higa, Chairman 9 and Members of the County Council 3 County of Hawaii --3 r 25 Aupuni Street n 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, 02,103 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 G Harry Kim II Mayor Comm No. Enclosures Ref. To: 05 cc: Planning Department Ref. Dote _ 'K ,2 2 20~J~~11 L f2,,?~ W Mvv w P County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 Fax(808)961-8742 June 20, 2006 o~ Q Stacy Higa, Chairman 40-- and Members of the County Council = County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ 06-000034) Applicant: Hirayama Brothers Electric, Inc. Request: RS-10 to CN-20 Tax Map Key' 2-2-34:13 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 Neighborhood Commercial - 20,000 square feet (CN-20) district for 20,000 square feet of land. The property is located along the west side of Manono Street, approximately 200 feet north of the Kekuanaoa Street-Manono Street intersection, Waiakea House Lots, 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 Neighborhood Commercial 20,000 square feet (CN-20) to develop an approximately 7,200-square foot, single-story structure to be divided into several bays. The bays would average 900 square feet and rented for office or retail use. Eighteen (18) parking stalls, with one ADA accessible stall and the required loading area, are also proposed. The applicant estimates the cost of the basic infrastructure and on-site improvements to be in excess of $500,000. 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 a Single-Family Residential 10,000 square foot (RS-10) to the Neighborhood Commercial 20,000 square foot (CN-20) district 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 to 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 applicant is requesting a Neighborhood Commercial zoning. The proposed project conforms to the Commercial Development goal which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." 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 Medium Density Urban on the LUPAG Map. This designation includes village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential - up to 35 units per acre). The requested CN zoning would be consistent with the Medium Density Urban designation on the LUPAG Map for this area of Hilo. The State Land Use designation for the subject property is Urban. The property is unclassified by the Land Study Bureau's Productivity Rating. The Hilo Community Stacy Higa, Chairman and Members of the County Council Page 3 Development Plan (CDP), adopted in 1975, suggests the retention of residential uses in this area. However, this area is transitioning to higher density commercial type uses and residential uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is a vacant, rectangular, approximately 20,000-square foot parcel located on Manono Street in Waiakea Houselots. The property was previously used as a dwelling site, but it is presently cleared and leveled. Adjacent properties are zoned RS- 10. A property to the northeast across Manono Street is zoned CN-20. The surrounding land uses in the area are a mix of residential and commercial uses. A church and various commercial uses are located within 600 feet of the property, and the Atebara Potato Chip Factory is located across from the property. All utilities and services are available to the site. Access to the project site is proposed from Manono Street, a County roadway with an approximately 50-foot right-of- way and 22-foot wide pavement width. According to the City of Hilo Zone Map, Manono Street is proposed to be widened to a 60-foot right-of-way with a 5-foot future road widening along the length of Manono Street. The Department of Public Works states that access to Manono Street shall be limited to a single location. Traffic will primarily be generated from employee movements between 7:00 a.m. to 8:00 a.m. and 4:30 p.m. to 5:00 p.m. Since the surrounding lands are generally still residential in character, a condition requiring that the height limit of any structure on the property be as allowed in the Single Family Residential (RS) district is being recommended. Water is available to the project site. Existing sewer lines will have sufficient capacity to accommodate the project. 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. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. By letter dated January 21, 2006, the applicant has requested a "no effect" letter from the DLNR-HPD. No professional surveys were conducted of the site due to the history of extensive disturbance. The applicant has stated that should any archaeological Stacy Higa, Chairman and Members of the County Council Page 4 features or sites be discovered during the development of this project, work will immediately cease and the applicant will notify the Planning Department. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site as the project site was previously used as a dwelling site and is located within an urban environment close to commercial, industrial and residential uses. The property is located in an urban setting close to existing commercial uses and was previously cleared and used as a dwelling site. Introduced bird species include the spotted dove, Japanese White-Eye, house finch and mynah. Domestic animals such as cats and dogs and other animals such as rats and mongoose are common in the area. The 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 not proximate to the shoreline and not located in the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the 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. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Single- Family Residential (RS-10) to a Neighborhood Commercial (CN-20) district 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. Sincerely, C. Kimo Alameda, Chairman Planning Commission Lhjrayama02PC Enclosures cc: Mr. Sidney Fuke Hirayama Brothers Electric, Inc. Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu Bni aBmaREUd 3M/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HIRAYAMA BROTHERS ELECTRIC, INC. CHANGE OF ZONE APPLICATION (REZ 06-000034) HIRAYAMA BROTHERS ELECTRIC, INC has submitted an application for a Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to Neighborhood Commercial 20,000 square feet (CN-20) for approximately 20,000 square feet of land. The property is located on the west side of Manono Street approximately 260 feet north of the intersection at Kekuanaoa Street and Manono Street, Waiakea House Lots, Waiakea, South Hilo, Hawaii, TMK: 2-2-34: 13. PROPOSED DEVELOPMENT 1. Request/Project Description: Change of zone from Single-Family Residential 10,000 square feet (RS-10) to Neighborhood Commercial 20,000 square feet (CN-20) to develop an approximately 7,200-square foot, single-story structure to be divided into several bays. The bays would average 900 square feet and would be rented for office or retail use. The structure will not exceed 25 feet in height. Eighteen (18) parking stalls, with one ADA accessible stall and the required loading area, are also proposed. (Exhibit 1 - Change of Zone application) 2. Cost of development: The applicant estimates the cost of the basic infrastructure and on- site improvements to be in excess of $500,000. 3. Landowner: Ii'irayama Brothers Electric, Inc. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. General Plan LUPAG Map: Medium Density Urban. 6. County Zoning: RS-10. 7. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. 1 on May 21, 1975 designates this area as RS-10. 8. Coastal Zone Management, HRS, Chapter 20SA: The entire State of Hawaii lies -1- C-952 (Bill 304) 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 not proximate to the shoreline and not located in the SMA. OTHER INFORMATION 10. Proposed CN zoning: • Height limit - 40 feet • Minimum yards - Front and rear yards 15 feet; Side yards none, except where the adjoining building site is in a RS, RD, RM, RCS or V district; then side yard must conform to the side yard requirement for dwelling use of the adjoining district. • Landscaping - all front yards shall be landscaped, except for necessary access drives and walkways. If the side or rear yard adjoins a building site in a RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than 42 inches in height, within 5 feet of the property line, except for necessary drives and walkways. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA It. Subject Property: The property is a vacant, rectangular, approximately 20,000 square foot parcel located on Manono Street in Waiakea Houselots. The property was previously used as a dwelling site, but it is presently cleared and leveled. 12. Surrounding Zoning and Land Uses: The adjacent properties to the north, west, south and east across Manono Street are zoned RS-10. The property to the northeast across Manono Street is zoned CN-20 (REZ No 942 approved April 13, 2000). The surrounding land uses in the area are a mix of residential and commercial uses. A church and various commercial uses are located within 600 feet of the property, and the Atebara Potato Chip Factory is located across the street from the property. 13. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava bedrock. 14. Land Study Bureau's Productivity Rating: Unclassified. -2- 15. Noise Impacts: Existing ambient noise includes traffic, wind, foliage and birds. Short- term noise impacts associated with the project are temporary, and all applicable State rules governing construction noise abatement will be observed. The applicant plans to install appropriate landscaping along the front and sides of the property. 16. Air Quality: The proposed project will not directly impact air quality in the area. The project is not expected to generate adverse air pollutants. Fugitive dust during construction can be mitigated by compliance with the Department of Health's regulations. 17. FIRM: Zone "X", an area outside of the 500-year flood plain. 18. Coastal Hazards: The property is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 19. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 20. Scenic Resources: The project will not affect the line-of-sight toward the ocean or the mountains. According to the applicant, Mauna Kea is somewhat visible from Manono Street, and given the proposed height of the structure (approximately 25 feet), this view would not be obstructed from the roadway. 21. Flora/Fauna: No professional surveys were conducted of the site. As the project site was previously used as a dwelling site and is located within an urban environment close to commercial, industrial and residential uses, the applicant does not believe that rare or endangered floral or faunal resources are on the site. 22. Archaeological/Historical Resources: No professional surveys were conducted of the site, due to the history of extensive disturbance. However, by letter dated January 21, 2006, the applicant has requested a letter of "no effect" from the DLNR- HPD. 23. 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. 24. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the properties. 25. Traffic: The applicant does not anticipate vehicular movements to and from the site to be -3- substantial. Traffic will primarily be generated from employee movements between 7:00 am. to 8:00 am. and 4:30 p.m. to 5:00 p.m. The applicant anticipates that client traffic would average no more than ten movements every 'h hour during the course of the day. PUBLIC UTI]LrMS AND SERVICES 26. Access: One access is proposed from Manono Street, a 50-foot wide County roadway with a 22-foot wide pavement. According to the City of Hilo Zone Map, Manono Street is proposed to be widened to a 60-foot right-of-way with a 5-foot future road widening along the length of Manono Street. The Department of Public Works states that access to Manono Street shall be limited to a single location. 27. Water: Water is available to the project area from an 8-inch waterline along Manono Street. 28. Wastewater: Existing sewer lines will have sufficient capacity to accommodate the project. 29. Solid Waste: Solid waste generated by the project will be handled by commercial haulers. 30. Essential Utilities and Services: Electricity and telephone services are available to the site. County fire stations, police and emergency medical services are available to the property. AGENCIES' AND ORGANIZATIONS' COMMENTS 31. Department of Public Works: Exhibit 2 - March 10, 2006 memo 32. Department of Water Supply: Exhibit 3 - March 13, 2006 memo 33. Police Department: Exhibit 4 - February 21, 2006 memo 34. Fire Department: Exhibit 5 - February 15, 2006 memo 35. Department of Environmental Management: Exhibit 6 - February 10, 2006 memo AGENCIES - NO COMMENTS 36. Civil Defense Agency AGENCIES - NO RESPONSE 37. DLNR Land and I-6storic Preservation Division APPLICANT'S RESPONSES TO AGENCIES' COMMENTS 38. Exhibit 7 - March 2, 2006 and March 3, 2006 letters -4- PUBLIC COMNMN" 39. None as of this writing. -5- 2006 FEB 1 ~T ? ^ 4{g APPLICATION FOR COUNTY REZONING (RS-10 to CN-IM) zo HIRAYAMA BROTHERS ELECTRIC, INC. Waiakea Houselots, South Hilo, Hawaii TMK: (3) 2-2-34: 013 Prepared For: Hirayama Brothers Electric, Inc. Prepared By: Sidney M. Fuke, Planning Consultant EXHIBIT January 2006 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Hirayama Brothers Electric, Inc. APPLICANT'S SIGNATURE:-- 14 DATE: 1/19/06 ADDRESS: 510 Kalanikoa Street Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Melvin Hirayama, President PHONE:(Bus.) 935-0933 (Res) (Fax) 961-6388 LANDOWNER(S): Hiravama Brothers Electric, Inc. LANDOWNER SIGNATURE(S): < DATE: 1/19/06 (May be by letter) LANDOWNER(S) ADDRESS: Same as applicant REQUEST: RS-10 To C-bl-tr CAI- 20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-2-34:013 STREET ADDRESS OF PROPERTY: 700 Manono Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20,000 square feet AGENT: Sidney M. Fuke Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE: (Bus.) 969-1522 (Res,) (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Hirayama Brothers Electric, Inc. (See Instructions on Reverse Side) ATTACHMENT Commercial, RM, Resort, 5 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? b. Into what lot sizes? C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? 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. N/A 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. Develop a small retail/office building 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? No If so, what kind? What do you intend to do with those buildings if your request is approved? 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- 8• 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 aw a. Schools x b. Roads x c. Sewer x d. Drainage x e. Police Protection x f. Fire Protection x x 9. Recreational Facilities 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. r Signature: l Address: 510 Kalanikoa Street Hilo, HI 96720 Telephone: 935-0933 Date: January 19, 2006 -5- 6338A/50A P. D. 5/84 COUNTY ENVIRONMENTAL REPORT APPLICATION FOR COUNTY REZONING REQUEST (RS-10 to CN-1 HIRAYAMA BROTHERS ELECTRIC, INC. WAIAKEA HOUSELOTS, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-034: 013 I. INTRODUCTION The applicant, Hirayama Brothers Electric, Inc., recently purchased the subject property consisting of 20,000 square feet with the intent of developing commercial space for small office and retail uses. As such, the applicant is requesting the rezoning of the subject site from Single- family Residential (RS-10) to Neighborhood Commercial (CN-A. ao 11. PROJECT LOCATION The subject site, consisting of 20,000 square feet, is located on the west side of Manono Street in the City of Hilo. It is situated in the Waiakea Houselots and is identified by TMK: 2-2-034: 013. More specifically, the site fronts the west side of Manono Street, approximately 260 feet north of its intersection with Kekuanaoa Street. The Atebara Potato Chip factory is located generally across and to the south of the subject site. It is presently vacant of any structures, having recently been removed. The site has since been graded and leveled. (Figures 1 and 2) III. PROJECT DESCRIPTION A. Project Concept and Components The applicant is proposing to develop a 7,200 square foot, single- story structure that would be divided into several bays. These bays would average 900 square feet but could be expanded. They would be rented to small businesses interested in doing either office or retail use. As proposed herein, the 7,200 square foot structure would be single-story, not exceeding 25 feet in height. One access from Manono Street is being proposed, together with eighteen (18) parking stalls, inclusive of one (1) handicapped stall and the required loading zone. Setbacks would be twenty (20) feet from the front and rear and ten (10) feet at the north end. The setback running the south side of the property would be in excess of twenty (20) feet, inclusive of the proposed parking area. (See Figure 3). 1 Yahoo[ My Yahhwl MMd Make Yahool your home page I$13CK:)? LOCAL Sign In OOMa New User? 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I v r r 2.-0 ~ ~+I~~I'! 3TI ~a ~ Go 6744 ~=6~ Gi29c 25 .~o G 913Dr"'//~ SUBJECT PA?tCEL Ei Ere 2 MANONO STREET omctur F M. 5-V ffi-d AVD Omsk I ~ As-e tY rFt. R I~ 14 I 4 1 q III i R I F o ~ i4 y C ~ 4 SCALE: 1" = 10' I~ g ym o o < D m o A~ IaVO m O D rGJ ~ D ,On ~ O COJ A .TDI D ~ A ~Z N ti= Z Z~ D:A tia p y~rm~c~ t~i~ ~zD FCjT O N m ~ ~ N ~jDZ N y UI m m tD _ Dr +rl Gl O~ f rr -1 -Ni ~ ~ mN.TI D .l/,1 r ~ N Q ~m2 A r O V1 fA T ,-T-1N O ~ O Fi ure 3 PROPOSED WAREHOUSE BUILDING FOR: ^~03 SITE PLAN os-ow H~ t x°sn. BWt~. p.n o I.B HMYAMA q.9 ~ 9 q The proposed development is intended to serve small retail and office businesses that would be supportive of the principal commercial and industrial cores of Hilo. B. Project Timetable and Cost The applicant intends to secure the balance of the required construction permits and begin making the appropriate infrastructure improvements immediately upon securing all development permits. Hopefully, this can be done by fall of this year. The applicant estimates the cost of the basic infrastructure and on- site improvements to be in excess of $500,000. This cost would include site preparation, as well as all required on and off-site improvements such as the curb, gutter and sidewalk fronting the subject area, and wastewater improvements. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, a boundary amendment to cover the requested CN-1,6zone is not needed. a0 B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Medium Density. As such, a General Plan amendment to the LUPAG map would not be required. It should be noted that while the Planning Director- initiated interim amendments include some changes to the Houselot area, none are being proposed for the subject parcel. (See Figure 4) Relative to the Medium Density designation, the General Plan allows consideration for "Village and neighborhood commercial and residential and related functions (3-story commercial, residential - up to 35 units per acre." The requested zoning and planned uses would be consistent with the uses envisioned within the Medium area. C. Hilo Community Development Plan The Community Development Plan (CDP) attempts to further define 2 Print Date : October 20. 2005 N Waiakea Houselots W E LEGEND s S Conservation High Density Urban Industrial Medium Density Urban Industrial to Medium Open Area Density Urban B-5 ® Proposed High Density Urban 0 Proposed Medium Density Urban Medium Density Urban to High Density Urban B-6 Subiect Site 0.2 0 0.2 0.4 0.6 Miles S. Hilo- 4 Figure 4 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 designation for this area. Although the proposed uses are not residential, it should be noted that requested CN-yO zoning would allow single and multi-family residential uses. 20 Notwithstanding the technical inconsistency, however, it should be noted that the General Plan has been amended three (3) times, and much has occurred in the way of development in Hilo and its outlying areas. Accordingly, some of the planning assumptions reflected in the CDP are obsolete. An updated CDP would be timely. Absent the availability of a relevant intermediary planning document, one must rely only on the General Plan LUPAG map and policies. In the end, the General Plan is more critical, as the County Charter requires all zone changes to be consistent with it. C. County Zoning The County zoning of the requested area is Single-family Residential (RS-10). Over the past ten years, there have been a number of commercial rezonings in this general area. On February 24, 1998, a CN-7.5 rezoning (Ord. 98-15) was approved for a 22,500 square foot parcel located on the east side of Manono Street, less than 800 feet north of the subject site. Then, on March 31, 2001, a CNA0 rezoning (Ord. 01-03) was approved for a 67,500 square foot area located kitty corner of the subject property, fronting both Manono and Hinano Streets. Other commercial (CN- 10 and CG-20) rezoning requests were approved along Hinano Street less than 600 feet from the subject property. It is thus clear that this section of Houselots is undergoing a land use transformation from single-family residential to light commercial uses. (See Figure 5) 20 In the event the requested Neighborhood Commercial (CN-y0) request were approved, all related land use and development codes such as Plan Approval, parking, landscaping, fire, ADA, and the like would be complied with by the applicant. 3 o V,79 F- W W ML - 20 W O W n (r ir (n C CC. -17.5 N O _ _ _ - - - _ _ _ _ _a _ _ _ _ FUTURE 120' RIW LINE w a PIILANI STREET y C6-7.5 CC-7.5 t I- CG-7.5 4LLI 1 LLI W CO-7.5 !r K ~ In 623.00 S '9,141.00 E °HAIAI" c0-7.5 cc-7.5 ML-2o [5-10 t5-10 R5-10 TRS 10 tN`T.5 its , 1o ?iL -20 R5-10 ML 10 RS-7,5 R59LWEEHI R5-10 RS-10 RS-10 RS-10 _j I HUALANI z STREET FUTURE 50'.R W UNE J W O I~ ~ - ~ W RS-10 RS-10 3 95- 10 IW [5-10 W z F F Rs-10 C!4-gyp CN•.10 Rs--10 C6-20 Site N- aL C6 - 20 - L _ RS-10 [5 - 10 p O o Y a Z Z ..^`Q Z Q Q [5-10 Z Z CG 10 RS-10D t5-10 J CNW Q its 10 R5-1o J Y [3-10 KEKUANAOA STREET FUTURE 60' R UNE O~ RS-10 - - -R5-10 tr•10 RS-10 n 1 - I T 4 1 RD-5.75 [5-10 RS-10 [S-10 EXISTING ZONING OF AREA Figure 5 D. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other construction-related permits would still be required. These would be of the "ministerial" variety, such as Plan Approval, grading permit, building permit, driveway permit, Department of Health clearances, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The 20,000 square foot site is rectangular in shape. The site's frontage along Manono Street and its rear boundary are 100 feet. The sides are 200 feet. The subject property was formerly used as residences. There were two older residences on the property, and those structures have since been demolished. The site is presently cleared and leveled. B. Climate. Soil and Topography According to the State Commission on Water Resource Management, the nearest rain gauge in this area is the Hilo Airport. The rainfall data of this gauge notes that over the past 37 years, the annual median rainfall for this area was 131.1 inches. The wetter months tend to occur between October through April. The average daily temperature ranges from a minimum of 61 degrees to a maximum of 79 degrees Fahrenheit. Wind patterns are generally tradewinds (easterly) during the day and westerly or mountain winds during the evenings. The property's elevation is approximately twenty (20) feet above mean sea level. It is fairly flat. There are no perceptible topographic or geologic constraints on the subject site. The U.S. Department of Agriculture Soil Conservation Service (now known as the Natural Resource Conservation Service) Land Study Bureau Overall Master Productivity Rating designates this site Keaukaha Series (rKFD), which is extremely rocky muck, well drained, thin organic soils overlying pahoehoe lava bedrock. Runoff is medium, and the erosion hazard slight. 4 Because the site is part of a built up urban area, the University of Hawaii Land Study Bureau Overall Master Productivity Rating map does not classify this site and immediate surrounding areas. Likewise, the site is not classed under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system. Thus, the State's classification system does not recognize this site as being agriculturally important. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) identifies the area of the requested zoning to be within Zone X (areas outside of 500- year flood). There are no existing drainageways on the site. Nonetheless, ass there will be an added level of impervious surface resulting from the proposed development, there may be an issue relating to potential increased run-off. In that event, drywell(s) or similar type of accommodations will be implemented, subject to the review and approval of the Department of Public Works and State Department of Health via the Underground Injection Control (UIC) permit process. With the proposed on-site drainage improvements, and since none of the proposed improvements will occur within the Floodway (AE) designated area, all potential drainage and/or flooding issues could be reasonably addressed and mitigated. 2. Tsunami Hazard The site is located within the Civil Defense's Tsunami Evacuation Zone, as is much of Waiakea Houselots and the government complex at Kaiko'o. Accordingly, during tsunami threats, appropriate evacuation measures must be taken. Given the fact that the proposed uses will be for office and retail and not residential, there should be sufficient response time to minimize danger to lives. 5 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the subject site as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 to 1. This designation applies to all of Hilo There is very little that can be done to protect structures and improvements on the site from lava flows. Relative to protection of life, however, this would be achieved through the evacuation routes and warning systems provided by the County Civil Defense agency. Such notices will be prominently placed within office building. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, all structures built on the site will have to meet with the more restrictive seismic hazard structural requirements of the Building Code. D. Fauna Resources The applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This is due to the already developed state of the subject area (and the fact that the site has recently been graded) and its immediate surrounding area. Due to the developed state of this area, the faunal resources should be somewhat typical of other developed areas. One may thus find bird species such as the Spotted Dove, Japanese White- eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. None of these are endangered animals. As such, it is unlikely that the development of this property would cause any adverse faunal impacts. E. Flora Resources As with the description of the site's faunal resources, no professional botanical survey was done of the subject area. In historical times, the sit was used residentially. The area has been recently graded, and there is no discernible vegetation on the site. Accordingly, there should be no adverse floral impacts. 6 F. Historic/Cultural/Archaeolo4ical Resources Likewise, no commissioned archaeological survey of the site was made. The recent clearing makes it less likely to find any archaeological features on the site. Nonetheless, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. However, as the site has been cleared, it would appear highly unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The Hilo area is underlain by basal groundwater. The Wailoa River is approximately'/, mile from the subject site. The coastline is about a mile away. The proposed development will connect to the County's system along Manono Street. This should further reduce potential adverse groundwater or nearshore water impacts resulting from this project. Further as noted earlier, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the 7 appropriate UIC permit from the State will be taken. At that time, impacts to water and coastal resources will be carefully examined. I. Noise, Air Quality, and Dust The existing background ambient noise level in this area is wind, foliage, birds, and the like. However, the significant manmade noise is influenced by the traffic associated along both Manono and Kekuanaoa Streets. With the traffic, the noise level is relatively high, averaging more than 55 Ldn. To mitigate this noise to the project, the applicant plans to install appropriate landscaping along the frontage of the property and to the sides. There will also be short-term noise impacts during the construction phase. To mitigate this impact, the development of this project - particularly the site work - will be limited to daylight hours and on weekdays. Contractors will also be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. The proposed development should not generate any direct air quality impacts. As the project itself is not expected to have uses that generate adverse air pollutants, the only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing tradewinds. All of the required parking area within the project site will be paved with an all-weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, with the exception of minimal construction dust in the beginning, long term dust generated by the project should be insignificant. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area. The most notable is the backdrop of Mauna Kea and the Hilo Bay. 8 The proposed development would not have any visual impacts on Mauna Kea or Hilo Bay. The view of Mauna Kea in this area is somewhat visible from Manono Street. Given the height of the proposed structure (less than 30 feet) and the height of the mountain, this view would not be impeded from this public road. The view of Hilo Bay is barely visible from this area. Given the location of the site, vehicles traveling along Manono Street should not have this view impeded. Thus, with the planned height of the structures and the location of the site in relation to the views of the significant landmarks, the visual impact should not be overly pronounced, if any. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surroundinq Land Uses The surrounding land uses in this area are a mixture of low to moderately dense residential and commercial uses. While there are a number of single-family residences, with the "ohana-nization" of lots, there are also a number of duplexes. There are also churches, commercial, and a potato chip manufacturing plant within 600 feet of the subject site. The latter is located across of the subject site. There is a drafting business adjacent and to south of the subject property. (See Figure 5). The requested rezoning would be generally consistent with the evolving mixture of commercial and residential land use pattern in this area. Nonetheless, because of there are some residential developments proximate to the subject area, mitigative measures will be taken. These measures deal principally with landscaping, lighting, and access. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would provide short-term employment opportunities for those in the construction and related industries. When completed, there would be additional employment. New workers would be needed to operate the various uses. Tentatively, it is anticipated that at least 10 full-time equivalent jobs would be generated by this project. 9 A commercial rezoning would also increase the tax revenues to the County. However, there could be some real property tax consequences for the adjoining residentially zoned properties. As the assessed valuation of the subject property rises due to the higher commercial use, there could be some fallout to neighboring properties. However, landowners intent on keeping their property for residential use would have the option of dedicating their land for residential or agricultural uses. C. Agricultural Impacts The subject site has not been used for agricultural purposes for over 50 years. It was used residentially until recently when the residences were removed. Given the urban setting, the agricultural impacts resulting from this rezoning should not be significant. VII. INFRASTRUCTURE CONSIDERATIONS A. Road and Traffic The subject site fronts Manono Street. This 2-lane County road serves as one of several north/south roads in this part of Hilo. It has a right-of-way of 50 feet with a 22-foot wide pavement and graveled shoulders. Manono Street is designated as a "collector" road on the Zoning Map. Such a designation requires a sixty (60) foot right-of-way. The applicant is prepared to set aside five (5) feet of its property to accommodate this designation. This portion of Manono Street is straight. As such, there is adequate sight distance for egress and ingress movements. The applicant, pursuant to the requirements of the Department of Public Works will make driveway improvements. The applicant does not anticipate vehicular movements to and from the site to be substantial. Generally, they will be associated with employee movements between the hours of 7:00 a.m. to 8:0 a.m. and 4:30 p.m. to 5:00 p.m. Client traffic should average no more than 10 movements every 30 minutes during the course of the day. 10 B. Water Water service to the project site is from the Piihonua well source. There is an existing 5/8-inch meter serving the site from Manono Street. In the event this needs to be upgraded to a 1-inch meter, it will be done by the applicant. The applicant does not anticipate water use to exceed three (3) units of water. Should this application be favorably considered, the applicant intends to secure the required water commitments from the Department of Water Supply for this project. C. Wastewater The subject area is serviced by the County sewer system. There is a line fronting Manono Street. As such, the applicant intends to have the project connect to the County's line. 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. As the site is completely cleared, there should be no land clearing material that needs to be disposed of. For the construction phase of this project, efforts will be taken by the contractor to minimize disposal and all disposal will be done at approved disposal sites. This and other waste reduction methods will be taken during the construction and operating phases of this project. E. Other Government Services As this area is already part of an urban area, it already has access to a number of services. All of the required police, fire, and related services are available. Police protective services are provided from the main station along Kapiolani Street, less than 2 miles from the site. Likewise, the nearest fire station would beat central and Waiakea, both within two (2) miles from the subject site. There are also the Kaumana and Kawailani stations, located less than 4 miles away. Emergency medical and paramedical services are also provided from these stations. 11 The Hilo Hospital is located approximately 3 miles from the site and is managed by the State. This facility is one of 5 licensed hospitals on the island. As this project is a commercial one, it should have little or no direct impacts to schools, parks, and other related facilities. As the project may indirectly generate a school demand, it should be noted that the site is proximate to the K-12 Hilo Complex and Waiakea Complex, both of which are less than 3 miles from the site. There are also a number of public parks within a 2-mile radius. Thus, no extension of government services would be required, and existing facilities should be sufficient to accommodate the demand expected from this project F. Other Utilities All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity The short-term use of the site would probably be the same as the current use, which is open space. This will continue until the full improvements are made, which will hopefully be before the middle to latter part of this year. This project should not result in any significantly adverse short or long-term impacts that cannot be properly mitigated. There will be direct and indirect economic benefits resulting from the construction and implementation of this project. There will be construction jobs created in the short-term and at least 10 full-time equivalent positions created. Relatedly, the project will generate increased tax revenues that can supplement the State and County's fiscal resources. Because of its location, this project will provide a service that can be made reasonably accessible to the immediate neighborhoods and surrounding commercial and industrial areas. The required infrastructure - if needed - will be implemented by the applicant to mitigate potential impacts of this project. 12 B. Irreversible and Irretrievable Commitment of Resources The area of the requested rezoning has already been extensively disturbed. As such, the commitment of natural or other resources (such as botanical, avifaunal, and archaeological), would not appear to be significant. C. Mitigative Measures The applicant intends to provide any required off and on-site infrastructure in conjunction with the development of this project. These will include on-site drainage system, landscaping, road, water, and wastewater improvements. All of these will be done in conjunction with the permitting and permit implementation phases of this project. Off-site traffic-related improvements at Manono Street fronting the property will also be provided. If needed, this will consist of a curb, gutter, and sidewalk section fronting the property. If any inadvertent archaeological discoveries are made during any phase of this project, the Planning Department will be noted and appropriate mitigation will be taken before work is resumed. Landscaping will also be incorporated within the project site, as well as along its boundaries. The landscaping would be consistent with the Planning Departments landscaping rules. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site would remain in its present vacant, cleared use. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. 2. Development Based on Existing RS-10 Zoning Under this alternative, the area of the requested zoning may be used for two residences. The site could also be subdivided, and each of the lot could then be constructed with an ohana unit. While that may be possible, residential uses, however, may not be too desirable, due to noise associated with the traffic along Manono Street. 13 3. Residential Rezoning Another option could be to utilize this site for a denser residential project. While that would still be consistent with the General LUPAG's map Medium Density designation, it may not be too feasible, given its location next to a major connector road and the cost of the required off-site infrastructure. 4. Evaluation of Alternatives Leaving the property in its current state would not maximize the use of the land. The land could continue to be used residentially. However, there may be some safety factor, given the collector road function of Manono Street. This would also mean having to redirect commercial uses to other areas of Hilo, areas that are increasingly becoming less available. There would also be diminished tax revenues and less services to the public. While alternative residential densities are possible, those uses may not be really desirable, given its frontage along a heavily traveled road and the cost to provide the required off- site infrastructure. Neither of the above alternatives could best deliver some needed off-site infrastructure improvements as would the requested commercial project. The proposed project would make improvements fronting Manono Street. Then, too, the use would provide needed commercial retail and office services for SMALL businesses to the area community. 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 CN-,{0 zoning alternative. o O IX. REGULATORY ANALYSIS - County and State Land Use Policies A. General Plan LUPAG Map 14 The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Mediuryl Density, a designation that allows the requested CNyWigning. Accordingly, this request would be consistent with the LUPAG map. It should be noted that none of the interim amendments proposed by the Planning Director involves the subject site. B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: Economic Element Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. 15 • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, 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. 16 • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion If approved, the project would provide needed services to this sector of Hilo. Its location is ideal to service some of the existing residences in this area. However, because of its location, it would also provide supportive services to the commercial and industrial cores of Hilo. Relatedly, all required infrastructures are there or, if not, will be provided by the applicant without taxing government's servicing ability. The site has limited on-site developmental constraints. The site is not designated a floodway and instead designated "X", areas outside of the 500 year storm. Because of its prior residential use and current cleared status, archaeological, floral, or faunal concerns should not be significant, if at all. Relatedly, although there may be a potential for some endemic birds to visit this area, the development of this site would not remove a critical habitat. Then, too, there are alternative areas that would be more suitable for any habitats. Furthermore, if there are inadvertent archaeological features found on the site, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. Finally, all structures will be built to comply with the Zoning Code standards, such as parking, setback, height, landscaping, and so forth. 17 C. Zoning If the request were approved, the site would be developed into a small-scale commercial office and retail area. The structure and improvements would be developed consistent with the Zoning Code. No variances from the Code are anticipated. D. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. Said Plan is intended to serve as a guide for the growth and future long-range development of the State. Pursuant to said requirement, a discussion of the pertinent policies and goals and the project's relationship follows: Goals • A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people • Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Discussion The proposed project would achieve these goals. It would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and hence, increase both State and County revenues; and complement and support other economic uses and in turn, contribute to the stability, diversity, and growth of local and regional economies. This employment opportunity would come without adversely affecting the environment. There is no known wildlife or plant life listed as either endangered or threatened on the subject site. Then, too, because of its historical residential use and the fact that 18 the site has been cleared and leveled, the likelihood of finding archaeological features on the site is quite remote. Impacts to the surrounding areas would also not be significantly adverse. All required infrastructures will be in place by the applicant prior to occupancy of any portion of the project. These include traffic improvements, and the wastewater and water system. Furthermore, the provision and/or retention of natural landscaped buffers around the perimeter of and selected portions within the project site would also help mitigate any adverse visual and noise impacts to neighboring residential properties. G. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205a, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State 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: • The proposed project will not have any substantial adverse environmental or ecological effect. (Please refer to discussions in Chapters V, VI, and VII). Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. • The proposed development would be consistent with the objectives of the CZM program. Specifically: • there would be no impact to the area's recreational resources. This is not a shoreline property; • because of its historical agricultural use, the project site should not have any remaining historical resources. Any inadvertent find during the course of construction can be appropriately mitigated; 19 • the project will not affect any scenic and open space resources; • the coastal ecosystem will not be impacted; • there will be more employment opportunities, and hence furthering the economic uses of the site; • the site is more than a mile from the shoreline, and thus there would be no coastal hazard or beach erosion or marine resource impacts; and • public participation will be achieved through the hearings on this request. • The proposed development is consistent with the County General Plan and other appropriate regulatory tools, such as the Zoning Code. 20 DEPARTMENT OF PUBLIC WORKS ~Q46 Cifl@ 1 ? 'n2 COUNTY OF HAWAII HILO, HAWAII ry~~ v"JAIL DATE: March 10, 2006 R CG' /UP.al4"ia is TO: Christopher J. Yuen, Planning Director FROM: b"' Depiartment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000034) Applicant: Hirayama Brothers Electric Inc. Request: RS-10 to CN-20 Tax Map Key: 2-2-34: 013 We have reviewed the subject application forwarded by your memo dated February 10, 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. 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 (may include areas with unknown flood or drainage hazards). Manono Street is a County right-of-way classified as a secondary arterial of 50-ft width fronting the subject property. Access to Manono Street shall be limited to a single location and shall conform to Chapter 22, County Streets, of the Hawaii County Code. The applicant shall provide full improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk and any required utility relocation, meeting with the approval of the DPW. Improvements shall be located within the future road widening setback as established by the Planning Department. 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 1011992 Counn of Hawaii is an Equal Opponunin Provider and Emplover we>•~*r 2006 FIflR 16 F 1 0 11 •~^11 DEPARTMENT OF WATEF#`$.Ia,APLY C:O Y OF HAWAII ~O~NeW~11? 345 KEKOANAO'A STREET. SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 March 13, 2006 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000034) APPLICANT - HIRAYAMA BROTHERS ELECTRIC, INC. REQUEST: RS-10 TO CN-20 TAX MAP KEY 2-2-034:013 We have reviewed the subject application for a Change of Zone and have the following comments and conditions. Based on the prevailing water situation in the area, water can be made available from an 8-inch waterline along Manono Street with a meter connection size subject to review and approval during the construction design phase of your proposed development. However, prior to issuing a water commitment to the proposed development, the following are required: 1. The anticipated maximum daily water usage and peak-hour flow for the parcel must be submitted as recommended by a registered engineer in the State of Hawaii. The Department reserves the right to make a final determination. 2. Pursuant to the Department's Rules and Regulations. a water commitment may be issued. The applicant will be informed of the deposit amount upon final determination of the submittal required in Item 1. Upon completion of the above requirements, an official water commitment will be effected in accordance with the enclosed policy. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected. water availability is subject to change depending on the water situation. EXHIBIT 412005 ~aler /il,19J prnpres_t... The Department of Water Supply is an Equal Opponunuy provider and employer To file a complaint of oisenmination wnte'. USDA, Director, Office of Civil Rights, Room 326-W. Whitten Building. 14th and independence Avenue. SNl Washino+on DC 20250-9410 Or call f209I 720-5964 (voice and TDD) Mr. Christopher J. Yuen, Planning Director Page 2 March 13, 2006 In addition, there is a fire hydrant fronting Parcel No. 81 on Manono Street, approximately 270 feet from the Parcel 13. 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. If there is no backflow preventer installed, then the applicant must have one installed by a licensed contractor. The installation and assembly of the backflow preventer must be inspected and approved by the Department. The backflow preventer shall be operated and maintained by the customer. A copy of our backflow preventer handout is being forwarded to the applicant to help them understand this requirement. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, f Mil n D Pavao, P.E. Ma ager SHK:sco copy - (w/o enc.) Mr. Sidney Fuke (w/enc.) Hirayama Brothers Electric, Inc. "tr w M• ;r _ Lawrence K. Mahuna Harry Kim FEB 27 t'I I Mayor 1 x3 q4 Police Chief Harry S. Kubojiri , , Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 • Fax(808)961-8869 February 21, 2006 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR rh• FROM J MES M. DAY,/'`SSISTANT POLICE CHIEF, AREA I OPERATIONS SUBJECT REZONING APPLICATION (REZ 06-000034) APPLICANT: HIRAYAMA BROTHERS ELECTRIC, INC. REQUEST: CHANGE OF ZONE FROM RS-10 TO CN-20 TAX MAP KEY: 2-2-34:13 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/Ili EXHIBIT y 3-12 'Hawai'i County is an Equal Opportunity Provider and Einployei' ,•xV W yq v Harry L8 1 7 OOr'. ~ 7~ ' Darryl J. Oliveira Mayor LL 1 _ it Fire Chief f r T•. `~Iti~~ Desmond K. Wery r ii•r• Deputy Fire Chief County of'awoi`i FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, HawaN 96720 (808) 961-8297 • Fax (808) 961-8296 February 15, 2006 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: REZONING APPLICATION (REZ 06-000034) APPLICANT: HIRAYAMA BROTHERS ELECTRIC INC. REQUEST: CHANGE OF ZONE FROM RS-10 TO CN-20 TAX MAP KEY: 2-2-34:13 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: 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. A4_OLNEIRA Fire Chief JCP:Ipc EXHIBIT Qy p coo J "-~.=~ab.Iw = y~ `~EOEQ` Hmeai'i County is an Equal Opporhmihi Provider arty Employer- ar mrrrYrrrrr~rrrrrrr~rrr.r~ ..ra - JMxx or ~~b ZGGS FE B 77 om , n Harry Kim i•' rL - -Mayor Barbara Bell _ l Director CVUlj OF Nelson Ho n tdJ~}ii Deputy Director couutu of CRAIratt DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083. Fax (808) 961-8086 MEMORANDUM Date : February 10. 2006 To : CHRISTOPHER YUEN, Plannin ire or From: BARBARA BELL, Directory Subject: Change of Zone Applicatiod (REZ 06-000034) Applicant: Hirayama Brothers Electric Inc. Request: Change of Zone from RS-10 to CN-20 TMK: 2-2-34:13 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: i It ( )~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: r., SOLID WASTE COMMENTS: ( ) No comments t•-ti_ (X) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. J Aggregates and any other construction/ demolition waste should be responsibly reused to its fullest extent. ( Ample room should be provided for implementation of a recycling program. (r;) 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: cc: SWD.WWD, TSS EXHIBIT 8003 v SidneyFuke, Planning Consultant U 22 • Planning • Vannes • Zoning 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 M MR 3 1tt Telephone: (808) 969-1522 • Fax: (808) 969-7996 Subdivision • Land Use Permits E-mail: sidfuke@verizon.net P~tS'`ail~^i 3T(~~M • Environmental Reports COUNTY Or- HAWAII March 2, 2006 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, 11196720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 0640)0034) Hirayams Brothers Electrical, Inc. Waiakea House Lots, South Hilo. HI, TMK: 2-2-34:13 Thank you for providing me with agency comments to date regarding the subject application. In response to the Fire Department's comments, please note that in conjunction with the building permit review and approval process, the applicant's plans will be developed to address the issue of the required fire flow, fire access, sprinklers, and related fire protective measures. Should the plans not address these issues, the Fire Department will not sign off on the building permit application. The Department of Environmental Management (DEM) suggests that the wastewater system be connected to the County's line along Manono Street. That will be complied with. As the site is already cleared, there should be minimal, if any, on-site or green waste that will have to be removed. However, there will be construction waste. All such waste will be disposed off in an approved waste disposal site and not in any transfer stations. Furthermore, areas for recycling of waste will also set aside within the project area. We trust that the above adequately addresses the comments. If not or if there are additional comments or questions regarding this matter, please feel free to contact me. Thank you very much. Sincerely, n 1 r~7- vV SIDNEY M. FUKE Planning Consultant Copy - Hirayama Brothers w/ enclosures via FAX EXHIBIT 011542 r-; SidneyFuke, Planning C IM 6 PM 1) 19 100 Pauahi Street, Suite 212 • Hilo, e.R§72q 3 • Planning • Vananoe • Zoning Telephone: (808) 969-1522 • Fax: (80 ) y - ` ' " if Ci~lT • Suhdivision • Land Use Permits AN; E-mail: sidfuke@verizon.net UtA I Y C; ' WMIAI • Environmental Report March 3, 2006 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 06-000034) Hirayama Brothers Electrical, Inc. Wainkea House Lots, South Hilo, HI, TMK: 2-2-34: 13 Thank you for providing me with additional agency comments to date regarding the subject application. We note that the Civil Defense Agency had no issues regarding this application. Furthermore, the Police Department also did not anticipate any significant traffic or public safety concerns. Relative to the State Department of Health, an Underground Injection Control (UIC) permit will probably be needed to address any planned drainage improvements within the proposed site. All of those permits will be complied with during the plan preparation and construction phase of this project. The contractor will comply with applicable rules governing noise and dust control measures during the construction phase of this project. We trust that the above adequately addresses the comments. If not or if there are additional comments or questions regarding this matter, please feel free to contact me. Thank you very much. tricerely, SIDNEY M. FUKE Planning Consultant Copy - Hirayama Brothers w/ enclosures via FAX ®11641 4 • RHvallmUZ.do 3/23IN COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HIRAYAMA BROTHERS ELECTRIC, INC. CHANGE OF ZONE APPLICATION (REZ 06-000034) 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 Neighborhood Commercial 20,000 square feet (CN-20) to develop an approximately 7,200-square foot, single-story structure to be divided into several bays. The bays would average 900 square feet and rented for office or retail use. The structure will not exceed 25 feet in height. Eighteen (18) parking stalls, with one ADA accessible stall and the required loading area, are also proposed. The applicant estimates the cost of the basic infrastructure and on-site improvements to be in excess of $500,000. 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 a Single-Family Residential 10,000 square foot (RS-10) to the Neighborhood Commercial 20,000 square foot (CN-20) district 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 to 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 applicant is requesting a Neighborhood Commercial zoning. The proposed project conforms to the Commercial Development goal which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." 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 Medium Density Urban on the LUPAG Map. This designation includes village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential - up to 35 units per acre). The requested CN zoning would be consistent with the Medium Density Urban designation on the LUPAG Map for this area of Hilo. The State Land Use designation for the subject property is Urban. The property is unclassified by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP), adopted in 1975, suggests the retention of residential uses in this area. However, this area is transitioning to higher density commercial type uses and residential uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is a vacant, rectangular, approximately 20,000-square foot parcel located on Manono Street in Waiakea Houselots. The property was previously used as a -2- dwelling site, but it is presently cleared and leveled. Adjacent properties are zoned RS- 10. A property to the northeast across Manono Street is zoned CN-20. The surrounding land uses in the area are a mix of residential and commercial uses. A church and various commercial uses are located within 600 feet of the property, and the Atebara Potato Chip Factory is located across from the property. All utilities and services are available to the site. Access to the project site is proposed from Manono Street, a County roadway with an approximately 50-foot right-of- way and 22-foot wide pavement width. According to the City of Bilo Zone Map, Manono Street is proposed to be widened to a 60-foot right-of-way with a 5-foot future road widening along the length of Manono Street. The Department of Public Works states that access to Manono Street shall be limited to a single location. Traffic will primarily be generated from employee movements between 7:00 a.m. to 8:00 a.m. and 4:30 p.m. to 5:00 p.m. The applicant anticipates that client traffic would average no more than ten movements every '/2 hour during the course of the day. Water is available to the project site. Existing sewer lines will have sufficient capacity to accommodate the project. 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. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. By letter dated January 21, 2006, the applicant has requested a "no effect" letter from the DLNR-BPD. No professional surveys were conducted of the site due to the history of extensive disturbance. 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. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site as the project site was previously used as a dwelling site and is located within an urban -3- environment close to commercial, industrial and residential uses. The property is located in an urban setting close to existing commercial uses and was previously cleared and used as a dwelling site. Introduced bird species include the spotted dove, Japanese White-Eye, house finch and mynah. Domestic animals such as cats and dogs and other animals such as rats and mongoose are common in the area. The 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 not proximate to the shoreline and not located in the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the 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. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Single-Family Residential (RS-10) to a Neighborhood Commercial (CN-20) district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of 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 liros4FZ d~smro6 HIRAYAMA BROTHERS ELECTRIC, INC. CHANGE OF ZONE APPLICATION (REZ 06-000034) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with the "Water Commitment Guidelines Policy" within 90 days from the effective date of this ordinance. C. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. The applicant shall provide full improvements to the project's frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk and any required utility relocation, meeting with the approval of the Department of Public Works. E. A five-foot future road widening strip along the Manono Street frontage shall be subdivided and dedicated to the County within five (5) years from the effective date of this ordinance. F. Access to the property shall be limited to a single location along Manono Street. The access connection to Manono Street shall conform to Chapter 22 (Streets) of the Hawaii County Code. G. Install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. H. 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. 1. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. J. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. 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-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. L. 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 or final subdivision approval, whichever is applicable. M. If the applicant, successors, or assigns develop residential units on the subject property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution 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 -2- 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: 1. $3,162.49 per multiple family residential unit ($4,817.93 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $99.95 per multiple family residential unit ($232.42 per single family residential unit) to the County to support police facilities; 3. $307.46 per multiple family residential unit ($459.06 per single family residential unit) to the County to support fire facilities; 4. $137.04 per multiple family residential unit ($200.98 per single family residential unit) to the County to support solid waste facilities; and 5. $2,704.31 per multiple family residential unit ($4,280.82 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. N. Should the Council adopt an 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. 0. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. P. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that -3- further reports are not required. Q. 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 County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -a- vvw~ COUNTY OF HAWAFI STATE OF HAWAM 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 NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-34:13. 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 Neighborhood Commercial (CN-20): Beginning at the Southeasterly corner of this parcel of land, being the Northeasterly comer of Lot 12 along the Westerly side of Manono Avenue. The coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai" being 1,463.00 feet South and 9,091.00 feet East, thence running by azimuths measured clockwise from True South: 1. 90° 00' 00" 200.00 feet along the Northerly side of Lot 12; 2. 180° 00' 00" 100.00 feet along the Easterly side of Lot 9; 3. 270° 00' 00" 200.00 feet along the Southerly side of Lot 8; 4. 0° 00' 00" 100.00 feet along the Westerly side of Manono Avenue to the point of beginning and containing an area of 20,000 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 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. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 2 /CG 7.5 CG Z5 C L5 V-.75 C 7.5 CG-7.5 C 7.5 OPEN a N d R 10 x R 10 RS 10 z W E 0 CN-7.5 y S-7. V-. 75 S V-.75 uA NI ST RS 10 R f0 RS 10 V-.75 V-.75 RS 10 AR f0 R •f0 SINGLE-FAMILY RESIDENTIAL (RS-10) TO NE16HBORH000 COMMER IAL CN-20 R 10 zo,ooo SQ. F1. -10 CG-7.5 CN-20 RS-f0 CG-20 CG-Z5 RS-10 En R540 CN-20 0 1,463. S o RS-10 CG-20 N V•.75 'H ALA CN•10 RS-10 CG 75 CN-7. R 10 S•10 KEKU NAOA T 51 D-3.75 RD-3.75 R -10 R 10 RS f0 UN dAfL20 ML-20 H m 0 [R 3.75 R 10 R 3. 5 R 3. ML-20 0 O ~ D.1.7 y g 6 RD-3.75 RS-10 RS 10 Lk 40 380 190 0 380 760 1140 1520 1910 set 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 NEIGHBORHOOD COMMERCIAL (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-034:013 Date: February 9, 200 EXHIBIT "A" (Hirayama Brothers Electric, Inc.: 1195)