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HomeMy WebLinkAboutCOM 0255.000 2006-2008 Div or M~ Harry Kim W % Dixie Kaetsu Mayor MnnagStg Director r v, Barbara Kossow ~~~os'M~~ Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite l03 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 March 14, 2007 Honorable Pete Hoffmann, Chairman r•.-. and Members of the County Council County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 - Dear Chairman Hoffinann and Members: - ,~hange of Zone Application (REZ 06-000052) ~ Applicant: Ginger Patch DP, LLC ` Request: RS-10 to CN-40 - Tax Map Key: 2-2-39:31, 57, 68 and 69 Initiator: Planning Director Review and Comment on a Draft Ordinance Regarding the General Plan Amendment Procedure Change of Zone Application (REZ 07-000058) Applicant: Michael and Nina Tanabe Request: A-l0a to FA-3a Tax May Key: 2-4-65:34 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. 'ncerely, Harry Kim U Mayor Enclosures Comm. 1`10.--a--'~5---~ cc: Planning Department Ref. To: t'~- ` Ref. Uate MAR 1 6 2007 < ~ Hawai'i County is an Equal Opportunity Provider and Employer ? y t~ O! L' ••~r •••,~0~ Mrs County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 March 14, 2007 f= - l i~ - ~ F-, Pete Hoffrnann, Chairman and Members of the County Council -y, County of Hawaii 333 Kilauea Avenue, 2"a Floor ' Hilo, HI 96720 - Dear Chairman Hoffinann and Council Members: Change of Zone Application (REZ 06-000052) Applicant: Ginger Patch DP, LLC Request: RS-10 to CN-40 Tax Map Key: 2-2-39:31, 57, 68 and 69 The Planning Commission, after a duly held public hearing on March 2, 2007, 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 - 40,000 square feet (CN-40) district for approximately 88,317 square feet of land located along the north side of Puainako Street, between Kilauea Avenue and Kekela Street, across from the KTA Super Stores complex, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's approval recommendation, except as modified: The applicant is requesting a change of zone from Single-Family Residential 10,000 square feet (RS-10) to Neighborhood Commercia140,000 square feet (CN-40) to develop two pads of commercial real estate or business center ranging in size from 9,600 to 10,132 square feet in size and 130 parking stalls. The applicant intends to develop the project based on a "strong market demand consistent with these types of buildings in this area of South Hilo. The change of zone to the CN district would allow commercial uses and provide for areas of diversified businesses and employment opportunities by permitting a broad range of activities on the property." Hawaii County is an Equal Opportunity Provider and Employer , Pete Hoffinann, 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 standazds 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 similaz azeas in the County. The Change of Zone request from Single-Family Residential 10,000 square feet (RS-10) to Neighborhood Commercia140,000 squaze feet (CN-40) will conform to the goals, policies and standazds 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 standazds of the General Plan in that the proposed development will be developed in an azea adequately served by necessary services such as water, utilities and transportation systems. 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 High Density Urban and Medium Density Urban on the LUPAG Map. The requested zoning would be consistent with the urban designation on the LUPAG Map for this azea 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 residential uses in this azea. However, this area is transitioning to higher density commercial type 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. Pete Hoffinann, Chairman and Members of the County Council Page 3 The project site consists of four pazcels totaling approximately 88,317 square feet. There are two dwellings in disrepair and an abandoned red ginger farm on the project site. Surrounding land uses in the area aze a mix of residential and commercial uses. Adjacent properties to the north aze zoned RS-10 and in single-family uses. To the east across Kekela Street is the Ginger Patch Market and Deli and the Firestone Tire and Service Center zoned CN-10 by Ordinance No. 96 156. The KTA Super Stores complex is located to the south of the project site on Puainako Street and zoned CN-10. There aze single-family dwellings to the west of the project site along Kilauea Avenue. All utilities and services are available to the site. Access is proposed from Puainako Street. Puainako Street and Kilauea Avenue fronting the project site are under the jurisdiction of the State Deparhnent of Transportation. All essential utilities aze available to the project site. Individual wastewater system(s) will be constructed to comply with the requirements of the Depaztment of Health. Solid waste will be collected and disposed of in compliance with all applicable rules and regulations. 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", azea 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 Apri127, 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. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that raze or endangered floral or faunal resources are on the site as the project site has been improved and is located within an urban environment close to existing commercial uses. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The properties are 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 azeas that traverses the site. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native 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. Pete Hoffinann, Chairman and Members of the County Council Page 4 Based on the above findings, approval of this change of zone request from Single- Family Residential (RS-10) to a Neighborhood Commercial (CN-40) 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. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, William raham, Chairman Planning Commission Lgingerpatch02PC Enclosures cc: Steven S. C. Lim, Esq. Ginger Patch DP, LLC Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel RGingaPatchREZ.doc-12/19/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION GINGER PATCH DP, LLC CHANGE OF ZONE APPLICATION (REZ 06-0000521 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 squaze feet (RS-10) to Neighborhood Commercia140,000 square feet (CN-40) to develop two pads of commercial real estate or business center ranging in size from 9,600 to 10,132 squaze feet in size and 130 parking stalls. The applicant intends to develop the project based on a "strong market demand consistent with these types of buildings in this azea of South Hilo. The change of zone to the CN district would allow commercial uses and provide for areas of diversified businesses and employment opportunities by permitting a broad range of activities on the property." In order to consider an azea for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from Single-Family Residentia110,000 square feet (RS-10) to Neighborhood Commercial 40,000 square feet (CN-40) 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 ATTACH: C-255 B-74 standazds 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 and transportation systems. 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 High Density Urban and Medium Density Urban on the LUPAG Map. The requested caning would be consistent with the 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 residential uses in this area. However, this area is transitioning to higher density commercial type 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 project site consists of four parcels totaling approximately 88,317 squaze feet. There are two dwellings in disrepair and an abandoned red ginger farm on the project site. Surrounding land uses in the area aze a mix of residential and commercial uses. Adjacent properties to the north are zoned RS-10 and in single-family uses. To the east across Kekela Street is the Ginger Patch Market and Deli and the Firestone Tire and Service Center zoned CN-10 by Ordinance No. 96 156. The KTA Super Stores complex -2- is located to the south of the project site on Puainako Street and zoned CN-10. There aze single-family dwellings to the west of the project site along Kilauea Avenue. All utilities and services are available to the site. Access is proposed from Kekela Street and Puainako Street. Kekela Street is a County right-of--way of 60-foot width that includes a 42-foot wide pavement with concrete curbs, gutters, and sidewalks fronting the subject parcels. Puainako Street and Kilauea Avenue fronting the project site aze under the jurisdiction of the State Department of Transportation. All essential utilities are available to the project site. Individual wastewater system(s) will be constructed to comply with the requirements of the Depaztment of Health. Solid waste will be collected and disposed of in compliance with all applicable rules and regulations. 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 Apri127, 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. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that raze or endangered floral or faunal resources aze on the site as the project site has been improved and is located within an urban environment close to existing commercial uses. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The properties are 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 azeas that traverses the site. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated -3- 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-40) 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- CGingerPatc6REZ.doo- 1/3/07 GINGER PATCH DP, LLC CHANGE OF ZONE APPLICATION (REZ 06-000052) 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 180 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), Chapter 25 (Zoning Code), Hawaii County Code. D. The applicant shall secure Final Consolidation Approval of parcels 31, 57, 68 and 69 within one year from the effective date of this ordinance. E. A Traffic Impact Analysis Report (TIAR) shall be submitted to the Department of Transportation Highways Division, through the Highways Hawaii District Office for review and approval, prior to the issuance of Final Plan Approval. A copy of the TIAR shall also be submitted to the Planning Director. F. Access to the project site from Kekela Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. G. Access to the project site from Puainako Street shall meet with the approval of the Department of Transportation. The applicant shall construct any improvements on Puainako Street as required by the Department of Transportation. 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, prior to the issuance of a Certificate of Occupancy. I. 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 azea 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 cleazance 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 aze implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the 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 shaze 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 shaze contribution for each lot shall be based on the actual number of residential units developed. The fair shaze contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair shaze contribution maybe adjusted annually beginning three yeazs after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (RCPT). The fair share contribution shall have a maximum combined value of $6,653.40 per multiple family residential unit ($10,368.57 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The -z- fair share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: 1. $3,281.93 per multiple family residential unit ($4,999.91 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $103.73 per multiple family residential unit ($241.20 per single family residential unit) to the County to support police facilities; 3. $319.07 per multiple family residential unit ($476.39 per single family residential unit) to the County to support fire facilities; 4. $142.21 per multiple family residential unit ($208.57 per single family residential unit) to the County to support solid waste facilities; and 5. $2,806.46 per multiple family residential unit ($4,442.50 per single family residential unit) to the County to support road and traffic improvements. In Geu 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 towazds the requirements of the Unified Impact Fees Ordinance. O. 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 Plamting Director acknowledges that further reports aze not required. -3- 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: I. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one 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. -4- MSY or. ~'`V COUNTY OF HAWAII STATE OF HAWAII ~~f pF~X~~ BILL NO. ORDINANCE NO. (PLANNING DEPT) 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 - 40,000 SQUARE FEET (CN-40) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-39:31, 57, 68 AND 69. 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 azea situated at Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial - 40,000 square feet (CN-40): Beginning at the southeast corner of this parcel of land, also being the southwest corner of Kekela Street on the northerly side of Puainako Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI"being 7,790.70 feet south and 10,213.71 feet east and running by azimuths measured clockwise from true south: Following along Puainako Street on a curve to the right with a radius of 1,223.74 feet, the chord azimuth and distance being: 1. 80° 16' 24" 230.05 feet; 2. 85° 40' 146.95 feet along Puainako Street; Thence along Puainako Street on a curve to the right with a radius of 80.00 feet, the chord azimuth and distance being: 3. 130° 40' 113.14 feet; -1- 4. 175° 40' 57.50 feet along Kilauea Avenue; 5. 265° 40' 242.00 feet along Lot 2 of Waiakea Homestead House Lots, Block 401 and the remainder of Grant 9507 to Joaquin Zacheus Jeremiah; 6. 171 ° OS' 131.06 feet along the remainder of Grant 9507 to Joaquin Zacheus Jeremiah; 7. 265° 40' 224.45 feet along Lot 5-B and 5-A; 8. 355° 40' 246.52 feet along Kekela Street to the point of beginning and containing an area of 88,317 Sq. Ft. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfaze; 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. 2 SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWA?`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- RS-10 RS-f0 f0 KOf00LE St RS f0 o RS-10 RS-f0 a m c -fo cN-fo 7, 69, 5 R 10 RS-f0 9, SE CN-f0 S10 ~ ALA X01-AOEA AV f0 CN-f0 R f0 RS10 89-90 CN-10 SINGLE-FAMILY Rs- RESIDENTIAL-10,000 SQ. FT. (RS-10) $ Rs-fo st TO NEIGHBORHOOD COMMERCIAL-40 000 SQ. FT. CN-40 88,317 SO. FT. W R9- 411.-10 C f0 CN-f0 RS-f0 R9-f0 R9-f0 0.9-10 ML- CG40 `s OPEN 0.a 0 m z •ZO RS-f0 CG-20 ~ OPEN kll~,~ 41'F AN.-m ~ OPEN -"r~4 Atg S-1 -f0 PO.~PAA Bt CG-20 ~,p ~N f0 360 180 0 360 720 1080 1440 i 8f'9~t AMENDMENT TO THE ZONING CODFE E 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-90,000 SO. FT. (RS-10) TO NEIGHBORHOOD COMMERCIAL-40,000 SO. FT. (CN-40) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 2-2-039:031, 057, 068, 069 Date: December 27 2008 EXHIBIT "A.. (Ginger Patch, DP, LLC:1214) f I BGingaPatchREZ.dao- 12/ 19/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT GINGER PATCH DP, LLC CHANGE OF ZONE APPLICATION (REZ 06-000052) GINGER PATCH DP, LLC has submitted an application for a Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to Neighborhood Commercial 40,000 square feet (CN-40) for approximately 88,317 square feet of land. The project site is located along the north side of Puainako Street between Kilauea Avenue and Kekela Street, across from the KTA Super Stores complex, Waiakea, South Hilo, Hawaii, TMK: 2-2-39:31, 57, 68 and 69. PROPOSED DEVELOPMENT 1. Request/Project Description: Change of zone from RS-10 to CN~40 to develop two pads of commercial real estate or business center ranging in size from 9,600 to 10,132 square feet and 130 parking stalls. The applicant intends to develop the project based on a "strong market demand consistent with these types of buildings in this area of South Hilo. The change of zone to the CN district would allow commercial uses and provide for areas of diversified businesses and employment opportunities by permitting a broad range of activities on the property." (Exhibit 1-Change of Zone application) 2. Construction timetable: Approximately one to two years. 3. Landowners: H. Shiroma, Inc. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. General Plan LUPAG Map: Medium Density Urban for pazcels 31 and 57, High Density Urban for parcels 68 and 69. 6. County Zoning: RS-10. 7. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. I on May 21, 1975 designates this azea as RS-10. 8. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. -1- • 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 yazds none, except where the adjoining building site is in a RS, RD, RM, RCS or V district, the side yard must conform to the side yazd requirement for dwelling use of the adjoining district. • Landscaping -all front yazds shall be landscaped, except for necessary access drives and walkways. If the side or rear yazd adjoins a building site in a RS, RD, RM or RCX district, the side or rear yazd shall be landscaped with a screening hedge not less than 42 inches in height, within 5 feet of the property line, except for necessary drives and walkways. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 11. Subject Property: The project site consists of four parcels totaling approximately 88,317 squaze feet. There aze two dwellings in disrepair and an abandoned red ginger farm on the site. 12. Surrounding Zoning and Land Uses: Adjacent properties to the north are zoned RS-10 and in single-family uses. To the east across Kekela Street is the Ginger Patch Market and Deli and the Firestone Tire and Service Center zoned CN-10 by Ordinance No. 96 156. The KTA Super Stores complex is located to the south of the project site on Puainako Street and zoned CN-10. There are single-family dwellings to the west along Kilauea Avenue. 13. U.S.D.A. Soil Type: OID, or Alaa extremely stony silty clay loam 0 to 20 percent slopes. This soil dehydrates irreversibly into gravel-size aggregates. Permeability is rapid, runoff is slow, and the erosion hazazd is slight. 14. Land Study Bureau's Productivity Rating: Unclassified. 15. Noise Lnpacts: According to the applicant, short-term noise impacts associated with the -2- • project are temporary, and all applicable rules governing construction noise abatement will be observed. 16. Air Quality: According to the applicant, 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 properties 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. 21. Flora/Fauna: No professional surveys were conducted, as the project site has been improved and is located within an urban environment close to commercial uses. 22. Archaeological/Historical Resources: No professional surveys were conducted of the site, due to the history of extensive disturbance. By memo dated Apri127, 2006, the applicant has requested a letter of "no effect" from the DI.NR- 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. Tratl:c: The applicant states that "short term negative impacts may occur during the construction of the subdivision roads and infrastructure. Construction vehicles will slow area traffic while on the public roadways. No closure or rerouting of existing public traffic lanes is anticipated." P~TBLIC IITILTl'IES AND SERVICES 26. Access: Access is proposed from Kekela Street and Puainako Street. Kekela Street is a County right-of--way of 60-foot width that includes a 42-foot wide pavement with -3- concrete curbs, gutters, and sidewalks fronting the subject parcels. Puainako Street fronting the project site is under the jurisdiction of the State Department of Transportation. 27. Water: County water is available to the project site. 28. Wastewater: Individual wastewater system(s) will be constructed to comply with the requirements of the Department of Health. 29. Solid Waste: Solid waste will be collected and disposed of in compliance with all applicable rules and regulations. 30. Essential Utilities and Services: Electricity and telephone services, as well as County fire, police and emergency medical services, are available to the project site. AGENCIES' AND ORGANIZATIONS' COMMENTS 31. Department of Public Works: Exhibit 2 -October 31, 2006 memo 32. Department of Water Supply: Exhibit 3 -November 14, 2006 memo 33. Police Department: Exhibit 4 -October 24, 2006 memo 34. Fire Department: Exhibit 5 -October 16, 2006 memo 35. Department of Environmental Management: Exhibit 6 -October 12, 2006 memo 36. Department of Health: Exhibit 7 -October 24, 2006 memo 37. Department of Transportation: Exhibit 8 -December 12, 2006 memo AGENCIES - NO RESPONSE 38. Civil Defense Agency, DLNR Land and Historic Preservation Division, Department of Transportation APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 39. Exhibit 9 -December 19, 2006 memo PUBLIC COMMENTS 40. None as of this writing. -4- CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Gin er Patch D L APPLICANT'S SIGNATURE: DATE: wl'G-oG ADDRESS: do Steven S.C. Lim Carlsmith Ball LLP• 121 Waianuenue Avenue Hilo H7 LIST APPLICANT'S INTEREST IF NOT OWNER: Lessee LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Jon Gomes PHONE:(Bus.) (8081550-4333 (Res.) (Fax) (8081524-8227 LANDOWNER(S): H. Shiroma Inc. LANDOWNER SIGNATURE(S):See Fee Owner's Letter of Authorization DATE:OS-09-2006 (May be by letter) LANDOWNER(S) ADDRESS: 25E Puainako Street. Hilo. Hawaii 96720 REQUEST: RS-10 TO CN-40 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (312-2-039.031 057 068 and 069 STREET ADDRESS OF PROPERTY: n/a SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 88.317 sa_ ft AGENT: Steven S C Lim Esa ADDRESS: 121 Waianuenue Avenue Hilo Hawaii 96720 TELEPHONE:(Bus.)1808)935-6644 (Res.) (Fax) (808)935-7975 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Steven S.C. Lim COPIES: Gineer Patch DP_ LLC ATTACF~IENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 88,317 sq. ft. b. Into what lot sizes? 88,317 sq. ft. 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? ~ mths If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or-lease the land to someone who has firm plans? N/A b. Sell or lease the land to someone who has tentative N/A plans? c. Sell or lease the land to someone who has no plans? N/A d. Keep it? ~j,/~ e. Other (please state) s f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? N/A 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? No If so, please elaborate on your findings in the space provided below. 6. Are there any buildings on the subject area? Yes If so, what kind? What do you intend to do with those buildings if your request is approved? Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- B• 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 g b, Roads X c. Sewer R d. Drainage R e. Police Protection R f. Fire Protection % Recreational Facilities x g• h. Recreational Facilities i, Other -9- For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. Signature: Address: 900 Alewa Drive, Honolulu, HI 96817 Telephone: (g08) 550-4333 Date: -5- 6338A/50A P. D. 5/84 FEE OWNER'S LETTER OF AUTHORIZATION Tax Map Key: (3) 2-2-39: 69, 68, 31 & 57 Waiakea Homestead Houselots, District of Hilo, County and State of Hawaii The undersigned is the fee owner of the real property above-identified, and hereby authorizes Carlsmith Ball LLP, to apply for, execute and process any and all County, State and Federal governmental permit applications, and to participate in proceedings related to said real property. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. H. Shiroma Inc. Its Manager Address: 1989 Kilauea Avenue Hilo, Hawaii 96720 State of Hawaii County of Hawaii Subscribed and sworn to before me this 9th day of May ,2006 Sharon H. P. Ogata Name: : ~ - G~ Notary Public, State of Hawaii My Commission expires: October 1, 2008 4817-0086-0512.1 5/2/OG Page 1 of 1 ~I + I I *I~ ~ , 1 ~ ~ . 220390690000 NA CRUDELE ROBERT J Parcel Data Site Address Unit No. Properly Class IMPROVED RESIDENTIAL Zoning Call the Planning Department at (808) 961-8288. Owner Owner Address Cfty State Couniry Zip Code H SHIROMA INC 1989 KILAUEA AVE HILO HI 96720 CRUDELE,ROBERT J GOMES,JON 245 NENE ST HILO HI 96720 Data Last Modified :9/1/2006 DISCLAIMER This site was designed to provide quick and easy access to real property tax assessment records and maps for properties located in the County of Hawaii and related general information about real property tax procedures. LlstQStlnfgrmattpn.dgee not jmclu.Sle all of the information about every property located in this County. Information and answers to the most commonly asked questions from members of the general public have been provided. The information on this site is subject to daily changes; time permitting, we normally refresh the data on this site on a weekly basis. All of the information listed on this site was prepared exclusively for tax assessment purposes. Users must understand that the property information and descriptions may change at any time. Persons using this data should NOT upon this information in formulating important decisions that affect their financial future nor should this information be considered as legal documentation. No warranties expressed or iLnplied are provided for the data herein its use or its interpretation Utilization of the search facility ndcs'+Sg~uad€[st_andi_D.~ancLaFy_epta~e?f thjs st3tte[n€nt by_the uS.Qr.._ Thank you. Last Updated: 9/1/2006 Printed on Friday, September 08, 2006, at 2:34:16 PM EST Powered by Aknndrt http://www.hawaiipropertytax.com/Datalets.asp?mnu=PSearch&submnu=Profile&pin=220390690000&tp... 9/8/2006 Page 1 of 1 ¦ 220390680000 25 PUAINAKO STREET CRUDELE ROBERT J Parcel Data Site Address 25 E PUAINAKO STREET Unit No. Property Class IMPROVED RESIDENTIAL Zoning Call the Planning Department at (808) 961-8288. Owner Owner Address City State Country Zip Code H SHIROMA INC 1989 KILAUEA AVE HILO HI 96720 CRUDELE,ROBERTJ GOMES,JON 245 NENE ST HILO HI 96720 Data Last Modified :9/1/2006 DISCLAIMER This site was designed to provide quick and easy access to real property tax assessment records and maps for properties located in the County of Hawaii and related general information about real property tax procedures. Listed nfRftilatign,dg08..R4t nclt~tl~ all of the information about every property located in this County. Information and answers to the most commonly asked questions from members of the general public have been rovid .The information on this site is subject to daily changes; time permitting, we normally refresh the data on this site on a weekly basis. All of the information listed on this site was prepared exclusively for tax assessment purposes. Users must understand that the property information and descriptions may change at any time. Persons using this data i uld NOT rely upon this information in formulating important decisions that affect their financial future nor should this information be considered as legal documentation. No warranties expressed or implied are nrovlded for the data herein its use or its interpretation Utilization of the search facility indiCatES._ulJ.Slerstatlding.an_d__acceplin.Fg of this sSsSe[[1e.Rtby_.the _~ser. Thank you. Last Updated: 9/1/2006 Printed on Friday, September 08, 2006, at 2:34:53 PM EST Powered 6y Aknndn http://www.hawaiipropertytax.com/Datalets.asp?mnu=PSearch&submnu=Profile&pin=220390680000&tp... 9/8/2006 Page 1 of 1 u ~ !I ~ I 220390310000 1983 KILAUEA AVENUE CRUDELE ROBERT 7 Parcel Data Site Address 1983 KILAUEA AVENUE Unit No. Property Class IMPROVED RESIDENTIAL Zoning Call the Planning Department at (808) 961-8288. Owner Owner Adtlress Cify State Country Zip Code H SHIROMA INC 1989 KILAUEA AVE HILO HI 96720 CRUDELE,ROBERTJ GOMES,JON 245 NENE ST HILO HI 96720 Data Last Modified :9/1/2006 DISCLAIMER This site was designed to provide quick and easy access to real property tax assessment records and maps for properties located in the County of Hawaii and related general information about real property tax procedures. ListQd. nf4rtnaton do4s not_irt~.tudg all of the information about every property located in this County. Information and answers to the most commonly asked questions from members of the general public have been rovid .The information on this site is subject to daily changes; time permitting, we normally refresh the data on this site on a weekly basis. All of the information listed on this site was prepared exclusively for tax assessment purposes. Users must understand that the property information and descriptions may change at any time. Persons using this data should T rel upon this information in formulating important decisions that affect their financial future nor should this information be considered as legal documentation. No warranties expLessed or im~l'led are provided for the data herein its use or its interoretatfon Utilization of the search facility it)~licatg~undersSanSiinga~Ki..dy_cepta_nC~ 2ths_statement by_the_user Thank you. Last Updated: 9/1/2006 Printed on http://www.hawaiipropertytax.com/Datalets.asp?mnu=PSearch&subinnu=Profile&pin=220390310000&tp... 9/8/2006 Page 1 of 1 ~ ~ 220390570000 1989 KILAUEA AVENUE CRUDELE ROBERT 7 Parcel Data Site Address 1989 KILAUFA AVENUE Unit No. Property Class IMPROVED RESIDENTIAL Zoning Call the Planning Department at (808) 961-8288. Owner Owner Address City State Couniry Zip Code H SHIROMA INC 1989 KILAUEA AVE HILO HI 96720 CRUDELE,ROBERT J GOMES,JON 245 NENE ST HILO HI 96720 Data Last Modified :9/1/2006 DISCLAIMER This site was designed to provide quick and easy access to real property tax assessment records and maps for properties located in the County of Hawaii and related general information about real property tax procedures. Listed..i.Df4rrt2ation_does npt inc.LUde all of the information about every property located in this County. Information and answers to the most commonly asked questions from members of the general public have been ro i d. The information on this site is subject to daily changes; time permitting, we normally refresh the data on this site on a weekly basis. All of the information listed on this site was prepared exclusively for tax assessment purposes. Users must understand that the property information and descriptions may change at any time. Persons using this data should NOT reIX upon this information in formulating important decisions that affect their financial future nor should this information be considere as leaal documentation. No warranties expressed or implied. are provided for the data herein its use or its interpretation Utilization of the search facility tntljcatgs Und~_rStgncjing and a&c~ptan&e ~f thts_statelnent.by_~h..e User, Thank you. Last Updated: 9/1/2006 Printed on Friday, September 08, 2006, at 2:35:43 PM EST Powered by Aknndrt http://www.hawaiipropertytax.com/Datalets.asp?mnu=PSearch&subtnnu=Profile&pin=220390570000&tp... 9/8/2006 Parcel C Being a portion of Grant 10,677 to Edwazd Kealoha Jr. (Pazcel C and Pazcel D) Waiakea, South Hilo, Island of Hawaii, Hawaii Beginning at the southwest corner of this pazcel of land, also being the northwest comer of Parcel D on the easterly side of Kilauea Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI"being 7,769.43 feet south and 9,754.85 feet east and running by azimuths measured clockwise from true south: Following along Kilauea Avenue on a curve to the right with a radius of 80.00 feet, the chord azimuth and distance being: 1. 174° 46' I S" 2.50 feet; 2. 175° 40' 57.50 feet along Kilauea Avenue; 3. 265° 40' 222.00 feet along Lot 2 of Waiakea Homestead House Lots, Block 401; 4. 355° 40' 60.00 feet along Lot 3-A and 1-A; 5. 85° 40' 221.96 feet along Pazcel D to the point of beginning and containing an area of 13,320 Sq. Ft. 00 uceNSEo PROresSIONAL ~y RO NEY . KAWAMURA uwo Licensed Professional Land Surveyor • suRVeroR • Certificate No. 2671 No. 2s~i Q.' Expiration Date of License: 4/30/08 hgfl V S. Apri124, 2006 Hilo Engineering, Inc. 484 Kalanikoa Street Hilo, Hawaii 96720 Tax Map Key: San Div. 2-2-39: 31 lofl Pazcel D Being a portion of Grant 10,677 to Edward Kealoha Jr. (Pazcel C and Parcel D) Waiakea, South Hilo, Island of Hawaii, Hawaii Beginning at the northwest comer of this pazcel of land, also being the southwest comer of Pazcel C on the easterly side of Kilauea Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAP' being 7,769.43 feet south and 9,754.85 feet east and running by azimuths measured clockwise from tme south: 1. 265° 40' 221.96 feet along Pazcel C; 2. 355° 40' 77.50 feet along Lot 1-A; 3. 85° 40' 142.00 feet along Puainako Street; Thence along Puainako Street on a curve to the right with a radius of 80 feet, the chord azimuth and distance being: 4. 129° 46' 15" 111.35 feet to the point of beginning and containing an azea of 15,831 Sq. Ft. w'~ rc4~' O~~ LICENSED L1r PROFESSIONAL ~ R~D~Y ~W~A LAND • suRVEroR • Licensed Professional Land Surveyor No. 2s~1 Certificate No. 2671 ~~9 S ~ Expiration Date of License: 4/30/08 IJ ll• April 24, 2006 Hilo Engineering, Inc. 484 Kalanikoa Street Hilo, Hawaii 96720 Tax Map Key: 3RD Div. 2-2-39: 57 lofl LOT 1-A Being a portion of Grant 9507 to Joaquin Zacheus Jeremiah (Lot 12, Block 401 of Waiakea Homestead House Lots) Waiakea, South Hilo, Island of Hawaii, Hawaii Beginning at the southeast corner of this parcel of land, also being the southwest corner of Roadway Lot on the northerly side of Puainako Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 7,790.70 feet south and 10,213.71 feet east and running by azimuths measured clockwise from true south: Following along Puainako Street on a curve to the right with a radius of 1,223.74 feet, the chord azimuth and distance being: 1. 60° 16' 24" 230.05 feet; 2. 85° 90' 4.95 feet along Puainako Street; 3. 175° 40' 114.15 feet along Grant 10,677 to Edward Kealoha Jr.; 4. 265° 40' 233.98 feet along Lot 3-A; 5. 355° 90' 92.53 feet along Roadway Lot to the point of beginning and containing an area of 25,064 ~tiy M. Kq~9~ gq. Ft. OO LICENSED G~ ~ PROFESSIONAL Y LAND i~l~ J SURVEYOR !?f/ * No. 2671 RC~DN~M. KA AMURA yq(yq~~ ~ g?` Licensed Professional Land Surveyor Certificate No. 2671 September 29, 1999 HILO ENGINEERING, INC. 489 Kalanikoa Street Hilo, Hawaii 96720 Tax Map Key: 3RD Div. 2-2-39:Portion 68 1 of 1 LOT 3-A Being a portion of Grant 9507 to Joaquin Zacheus Jeremiah (Lot 12, Block 401 of Waiakea Homestead House Lots) Waiakea, South Hilo, Island of Hawaii, Hawaii Beginning at the southeast corner of this parcel of land, also being the northeast corner of Lot 1-A on the westerly side of Roadway Lot, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 7,698.49 feet south and 10,206.72 feet east and running by azimuths measured clockwise from true south: 1. 85° 40' 233.98 feet along Lot 1-A; 2. 175° 40' 23.35 feet along Grant 10,677 to Edward Kealoha Jr.; 3. 265° 40' 20.00 feet along the remainder of Grant 9507 to Joaquin Zacheus Jeremiah; 4. 171° O5' 131.06 feet along the remainder of Grant 9507 to Joaquin Zacheus Jeremiah; 5. 265° 40' 224.95 feet along Lot 5-B and Lot 5-A; 6. 355° 40' 153.99 feet along Roadway Lot to the point of beginning and containing an area of 34,102 Sq. Ft. SUBJECT, HOWEVER to a drainage easement, affecting Lot 3-A, being more particularly described as follows: DRAINAGE EASEMENT Beginning at the northeast corner of this parcel of land, also being on the westerly side of Roadway Lot, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 7,557.99 feet south and 10,196.08 feet east and running by azimuths measured clockwise from true south: 1 of 2 1. 355° 40' 13.00 feet along Roadway Lot; 2. 85° 40' 13.00 feet; 3. 175° 90' 13.00 feet; 9. 265° 40' 13.00 feet to the point of beginning and containing an area of 169 Sq. Ft. M• Kq{y 2~y q~i 0 LICENSED A PROFESSIONAL //'~'~~11,,~~ ~ ~ LAND > ~'~1VVl. SURVEYOR * Np.2871 * R~DNEY M. KAWAMURA y Licensed Professional Land Surveyor q~Yq~~ uS~ Certificate No. 2671 September 24, 1999 HILO ENGINEERING, INC. 984 Kalanikoa Street Hilo, Hawaii 96720 Tax Map Key: 3RD Div. 2-2-39:Portion 69 2 of 2 List of Tax Map Keys, Landowners and Mailing Addresses of Surrounding Property Owners within 300 Feet of TMK (3) 7-2-019 Portion of 022 3-2-2-39-011 Randolpppph Tohner Trust moK`ole~ap~ist Church 77-6462Walue Road 1815 Kinoole Street Kailua-Kona, Hawaii 96740 Hilo, Hawaii 96720 3-2-2-39-044 3-2-2-39-013 aryn izuko & Duane Alcio masukawa ei am ishiyama Trust 91 Kekela Street 1781 Kinoole Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 3-2-2-39-055 3-2-2-39-015 on ouc n enmlIT~ sue. ~Leilani R. Nishiyama Trust 1975A Kilauea Avenue 1781 Kinoole Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 3-2-2-39-056 3-2-2-39-027 os io esugawa, etal wEd az~& Shaleen Douglas 1971 Kilauea Avenue P.O. Box 5265 Hilo, Hawaii 96720 Hilo, Hawaii 96720 3-2-2-39-057 3-2-2-39-028 aroma c. or1T-man~tiu, etal 1989 Kilaue Avenue c/o Jieyu Po Zhu-Shepard Hilo, Hawaii 96720 P.O. Box 11040 Hilo, Hawaii 96721 Jon Gomes 245 Nene Street 3-2-2-39-030 Hilo,. Hawaii 96720 vAT m 5~i email O.Inoue Trust 1728 Hale O Lana Street 3-2-2-39-058 Hilo, Hawaii 96720 arence i io Inoue Trust 85 Akea Street 3-2-2-39-031 Hilo, Hawaii 96720 aroma c 1989 Kilauea Avenue 3-2-2-39-061 Hilo, Hawaii 96720 os'1`7iih-a~Grekata 8841 S Sheffield Way Robert J. Crudele Sandy, UT 84093 1989 Kilauea Avenue Hilo, Hawaii 96720 3-2-2-39-062 o illen K. Neff Jon Gomes 6086 Summer Street 245 Nene Street Honolulu, Hawaii 96821 Hilo, Hawaii 96720 3-2-2-39-063 3-2-2-39-032 ayn~e~ukunaga icA`Tazd-Fi: & Elizabeth M. Sakai 46 Kekela Street 1969 Kilauea Avenue Hilo, Hawaii 96720 Hilo, Hawaii 96720 3-2-2-39-064 3-2-2-39-033 ayn~Fe nkunaga Trust cIFi i~ardlGl~. & Chiyomi M. Yamauchi Trust 46 Kekela Street 1945 Kilauea Avenue Hilo, Hawaii 96720 Hilo, Hawaii 96720 3-2-2-39-065 3-2-2-39-036 aroma c. ar a ie H. Rohner Trust 1989 Kilauea Avenue c/o Helie Hanna Rohner Trusts Hilo, Hawaii 96720 1939 Kilaue Avenue Hilo, Hawaii 96720 Jon Gomes 3-2-39-077 900 Alewa Drive is iar eo & Jean Sanborn-Miyamoto Honolulu, Hawaii 96817 83a Kekela Street Hilo, Hawaii 96720 Ginger Patch,Partners Honda Tsuki~i & Associates, LLP 3-2-2-39-083 505 Kilauea Avenue miE-lorry Hideo Fujie Hilo, Hawaii 96720 1957-A Kilauea Avenue Hilo, Hawaii 96720 3-2-2-39-068 roma c. 3-2-2-39-084 Robert J. Crudele ran c ildred Lucas 1989 Kilauea Avenue 1957 Kilauea Avenue Hilo, Hawaii 96720 Hilo, Hawaii 96720 Jon Gomes 3-2-2-39-086 245 Nene Street ane umi o Kawachi Trust Hilo, Hawaii 96720 1916 Uhaloa Road Hilo, Hawaii 96720 3-2-2-39-069 aroma nc 3-2-2-39-087 Robert Crudele ar a ie Rohner Hanna Marital Trust 1989 Kilauea Avenue c/o Hehe Hanna Rohner Trusts Hilo, Hawaii 96720 1939 Kilauea Avenue Hilo, Hawaii 96720 Jon Gomes 245 Nene Street 3-2-2-39-098 Hilo, Hawaii 96720 ianne oue 12 Ilima Place 3-2-2-39-070 Hilo, Hawaii 96720 oRTok~asako Miyashiro Trust 1969 B Kilauea Avenue 3-2-2-39-110 Hilo, Hawaii 96720 ar e ie Rohner Hanna Residual Trust c/o Helie Hanna Rohner Trusts 3-2-2-39-071 1939 Kilauea Avenue roma c. Hilo, Hawaii 96720 28 E. Puainako Street Hilo, Hawaii 96720 3-2-2-39-132 Eaz~.~&~uruye Miyagi 3-2-2-39-072 1968 Kilauea Avenue azon esugawa Jr., etal Hilo, Hawaii 96720 1232 Kinoole Street Hilo, Hawaii 96720 3-2-2-40-010 erF~~ert ~i Srelly Yasuhara 3-2-2-39-073 2045 Kilauea Avenue az ara i o Hirata Kimata, etal Hilo, Hawaii 96720 194 Anela Street Hilo, Hawaii 96720 3-2-2-40-011 esson orraine Chikasuye 3-?_-2-39-074 411 Hobron Lane Apartment No. 3714 m eungg & Feng Hua Lau Honolulu, Hawaii 96815 73 Kekela Sfreet Hilo, Hawaii 96720 3-2-2-40-012 eriT~ert I~aamiyama Trust, etal 3-2-2-39-075 7 Laukona Street rroma c., etal Hilo, Hawaii 96720 1989 Kilauea Avenue Hilo, Hawaii 96720 3-2-2-40-013 K Taniguchi Ltd 3-2-2-39-076 Attn: Barry Taniguchi arumi ichiko Yamamoto 50 E. Puainako Street 1969 A Kilauea Avenue Hilo, Hawaii 96720 Hilo, Hawaii 96720 2 3-Z-2-40-014 3-2-2-40-083 atsuno nterprise Ltd vm a eta 1965 Kamehameha Avenue 84 A Kukuau Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Double M. Co. Ltd 3-2-2-40-097 1965 Kamehameha Avenue es to enevieve Hilo, Hawaii 96720 1855 Kinoole Street Hilo, Hawaii 96720 3-2-2-40-025 atsu)~e (3~C 3a Trust 3-2-2-40-100 33 Puainako Street amguc t Ltd Hilo, Hawaii 96720 Attn: Barry Taniguchi 50 E. Puamako Street Noboru Okuda Trust Hilo, Hawaii 96720 33 Puainako Street Hilo, Hawaii 96720 Mid Pac Petroleum LLC 745 Fort Street 1800 3-2-2-40-026 Honolulu, Hawaii 96813 ssociates 2010 Kilauea Avenue 3-2-2-40-108 Hilo, Hawaii 96720 t ton ortez Tmst 94-1020 Anama Circle #76 3-2-2-40-027 Mililani, Hawaii 96789 eto ae o Trust, etal 711 W Kawatlant Street Bernandette Cortez-Camero Trust Hilo, Hawaii 96720 1483 Pukana Place Hilo, Hawaii 96720 3-2-2-40-28 atMTT-51-uwer, etal Allan T. Cortez 73-1261 Melomelo Street P.O. Box 1063 Kailua-Kona, Hawaii 96740 Keaau, Hawaii 96749 Allen & Christine Yapp Trust 3-2-2-40-109 2050 Kilauea Avenue esson oaaine Chikasuye Hilo, Hawaii 96720 411 Hobron Lane Apartment No. 3714 Honolulu, Hawaii 96815 3-2-2-040-056 Allan Koichi & Kwi Nam 3-2-2-40-111 41 W. Puainako Street antguc t td Hilo, Hawaii 96720 Attn: Barry Taniguchi 50 E. Puainako Street 3-2-2-40-066 Hilo, Hawaii 96720 fate o awaii DLNR Hawaii Pizza Hut Inc. 75 Aupuni Street 560 N Nimttz Hwy Suite 207 Hilo, Hawaii 96720 Honolulu, Hawaii J6817 3-2-2-40-082 3-2-2-47-006 Veronica Nelson, etal awattan ome Lands 1857 Kinoole Street Department of Hawaiian Home Lands Hilo, Hawaii 96720 East Hawaii District Office 160 Baker Avenue Masato& Shizuka Maebo Hilo, Hawaii 96720 c% Kathy Ching 2517 Pamoe Road HoRetail Properteis 1 Ltd Honolulu, Hawaii 96822 c/o General Growth Properties P.O. Box 617905 Blane Mabeo Chicago, IL 60661 711 W. Kawailani Street Hilo, Hawaii 96720 SDt~ te~of Hawaii 75 Aupuni Street Hilo, Hawaii 96720 3 Hawaiian Telephone Company c/o Hawaiian Telecom, Inc P.O. Box 2200 Honolulu, Hawaii 96841 3-2-2-47-065 awauan ome Lands Department of Hawaiian Home Lands East Hawaii District Office 160 Baker Avenue Hilo, Hawaii 96720 3-2-2-60-001 awauan ome Lands Deparhnent, of Hawaiian Home Lands East Hawaii District Office 160 Baker Avenue Hilo, Hawaii 96720 3-2-2-60-002 awauan ome Lands Department of Hawaiian Home Lands East Hawaii District Office 160 Baker Avenue Hilo, Hawaii 96720 3-2-2-60-003 awauan ome Lands Department of Hawaiian Home Lands East Hawaii District Office 160 Baker Avenue Hilo, Hawaii 96720 4 Harry Kim ~ 2~y.~ William Takaba g Finance Director Mayor •P Nancy E. Crawford Deputy Director M~1 County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center, IOI Pauahi Street, Suite 4 • Hilo, Hawaii 96720-4224 • Fax (808) 961-8415 Appraisers (808) 961-8354 • Clerical (808) 961-8201 • Collections (808) 961-8282 75-5706 Kuakini Highway • Suite 112 • Kailua-Kona, Hawaii 96740 • Fax (808) 327-3538 Appraisers (808)327-3542 • Clerical (808)327-3540 REAL PROPERTY TAX CLEARANCE (rev. 07/05) Date: June 21, 2006 TMKs: (3) 2-2-039 parcels 31, 57, 68, and 69 This is to certify that the real property taxes due to the County of Hawaii on the parcels listed above have been paid up to and including June 30, 2006. This clearance was requested on behalf of H. Shiroma Inc. and is issued for these parcels only. Naomi Kuritani REAL PROPERTY TAX DIVISION Requested by Shanelle @ Carlsmith Ball Hawaii County is an Equal Opportunity Provider and Employer COUNTYENVIRONMENTAL REPORT CHANGE OF ZONE APPLICATION Waiakea Homesteads, District of South Hilo, Island, County and State of Hawaii TMK: (3) 2-2-039: 068, 069, 031 & 057 Prepared for: GINGER PATCH DP, LLC Prepared by: Steven S.C. Lim Carlsxnith Ball LLP 121 Waianuenue Avenue Hilo, Hawaii 96720 Telephone: (808} 935-6644 September 2006 484]-98]8-8545.1 APPLICATION FOR CHANGE OF ZONE COUNTYENVIRONMENTAL REPORT Applicant: Ginger Patch, DP, LLC Tax Map Key Nos.: (3) 2-2-039:069, 068, 031 & 057 Waiakea Homesteads, District of South Hilo Island, County and State of Hawaii TABLE 1: LAND USE STATUS ~ ~TMK:(3) 2-2-039:069, 068, 031 & 057 (SLUG Urban - - General Plan ("LUPAG") Map Urban/ high density- medium density Zoning Single-family Residential (RS-10) gMp of within the SMA _ (Archaeological Resources Not listed in GP, National or State Historical Register . Access Kekela Street and W. Puainako Street Water System Services available Police and Fire Services Services available jUtilities Services available Wastewater Services available 4841-9818-8545.1 County Environmental Report Applicant: Ginger Patch DP, LLC Agent: Steven S.C. Lim, Carlsmith Ball LLP Change of Zone from Single-Family Residential (RS-10) to Neighborhood Commercial (CN-40) Waiakea Homesteads, District of South Hilo, Island, County and State of Hawaii TMK• (3) 2-Z-39:031 057, 068 &069 (88,317 square feet) 4841-9818-8545.1 1. PROJECT DESCRIPTION 1.1 SUMMARY OF REQUEST GINGER PATCH DP, LLC, hereinafter referred to as the "Applicant" is seeking a Change of Zone from Single-Family Residential (RS-10) zone district to Neighborhood Commercial (CN-40) zone district to allow for the development of approximately 2 pads of commercial retail space or business center (hereinafter referred to as the "Project"). The subject property is a combined 88,317 square foot parcel situate at Waiakea Homesteads, District of South Hilo, Island and County of Hawaii, State of Hawaii, and identified as Tax Map Key No. (3) 2-2-039: 069, 068, 031 & 057 (hereinafter referred to as the "Property"). Assuming approval of this Change of Zone Application, the Property is proposed for development into approximately 2 commercial pads ranging in size between 9,600 sq. ft. to 10,132 sq. ft. and including 130 parking stalls (124 standazd parking stalls, and 6 accessible parking stalls). The Applicant is the lessee of the Property. Attached is a Letter of Authorization signed by the fee owner of the Property; H. Shiroma Inc., allowing Cazlsmith Ball LLP to represent the fee owner and Lessee for this change of zone application. The Property is not located within the County Special Management Area (SMA). The Property is presently designated Urban on the Land Use Pattern Allocation Guide (LUPAG) Map of the County General Plan. As such, the commercial Project is consistent with the County General Plan. In addition, the Project is situated in an azea designated for high density and medium density Urban and is, therefore, generally consistent with the County's long- range land use plans for the azea. Urban centers and clusters provide physical, social and economic concentrations so that the total activities of the community can be more readily and easily conducted. The Property is located in an area that has a high concentration of commercial activities, therefore this use of the Property is consistent with the uses of the neighboring properties. A high density urban designation allows for general commercial uses and a medium density urban designation allows for village and neighborhood commercial uses. The Property is located on Kekela Street and Puainako Street. Access to the Property will be thru Puainako Street. The location and regional content of the Project azea aze shown in Exhibit A (Regional Location/ Vicinity Map of Property) and Exhibit B (Tax Map Key of Property), and the proposed Project is shown on Exhibit C (Proposed Development Plan for the Project). 1.2 PROJECT OBJECTIVES The Applicant intends to develop the Property into approximately 2 commercial retail spaces or business center ranging in size between 9,600 sq. ft. to 10,132 sq. ft., each which is consistent with the Puainako Town Center separated from the Property by West Puainako Street to the South and Prince Kuhio Plaza and Waiakea Shopping Center separated from the Property by Kanoelehua Avenue to the East. The Applicant intends to develop the proposed Project based upon a strong market demand consistent with these types of buildings in this particulaz azea of 4841-9818-8545.1 South Hilo. Over the years, commercial development in the South Hilo urban center have been relatively strong, due in large part to the existing commercial and industrial environment. The change of zone to the CN district would allow commercial uses and provide for azeas of diversified businesses and employment opportunities by permitting a broad range of activities on the Property. The Project offers the advantage of being adjacent to existing infrastructure and supportive public facilities, as it is located neaz the Puainako, Waiakea and Prince Kuhio shopping and commercial centers. This County Environmental Report has been prepazed according to the requirements of Section 25-2-42 of the Hawaii County Code, and has been prepazed in support of the Change of Zone application for the Project. 1.3 EXISTING LAND USE The Project currently includes 2 homes that are in disrepair and an abandoned red ginger farm. Nearby lands to the South and East aze, or will be developed into commercial and/or industrial development. Lands to the west include a mixture of residential and commercial development. South Hilo is also one of the island's two major commercial centers and includes several commercial shopping centers. The commercial activity in Hilo is undergoing rapid changes. The Project is consistent with the existing and proposed uses within the South Hilo urban center, and will complement the adjacent land uses. Additionally, the change of zone to CN-40 would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies and standards of the general plan. 1.4 DEVELOPMENT PROGRAM The Project, as shown in Eabibit C, will contain approximately 2 commercial pads ranging in size between 9,600 sq. to 10,132 sq. ft.. The Project will be developed in a manner that is responsive to the site characteristics and surrounding uses. 1.5 DEVELOPMENT TIMETABLE Assuming approval of the Change of Zone by the County Council, the Applicant will submit subdivision and reconsolidation plans approximately two months from the date of the change of zone approval. Construction of the buildings infrastructure would be completed within 12 months of final subdivision and reconsolidation approval. The proposed project will be developed over an approximately 1-2 yeaz period. 4841.9818-8545.1 2 1.6 ESTIMATED INFRASTRUCTURE & SITE DEVELOPMENT COSTS The estimated costs for infrastructure elements, which include site preparation, for the proposed development are to be determined. 2. ENVIRONMENTAL SETTING, IMPACTS & MITIGATION MEASURES 2.1 PHYSICAL ENVIRONMENT 2.1.1 Climate Settin Located on the wetter windward side of the island, the mean annual rainfall is about 129:. Relative humidity is generally stable and mean annual temperature is about 72 degrees to 75 degrees Fahrenheit. Wind patterns and dominant easterly tradewinds prevail during the day, while in the evening colder westerly winds sweep down the slopes of Mauna Loa. Seasonal changes are mild and fairly uniform. Impacts and Mitigation None. The proposed action will not alter the microclimate of the region 2.1.2 Historic and Archaeological Sites Historic and Archaeological Sites Most historic sites of South Hilo have been destroyed by agriculture, urban growth, and natural changes in landforms. The properties within the Project are not among those listed as historic properties in the Hawaii State Register of Historic Places, have not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan within the South Hilo district. Impacts and Mitigation None. The Property is not among those listed as historic properties in the Hawaii State Register of Historic Places and any surface or subsurface archaeological remains are unlikely. 2.1.3 I{A PA' AKAI O I{A' AINA Based on the findings of the historical record of the Property, the Applicant presents the following statements in response with the requirements of the Hawaii State Supreme Court's ruling and criteria in the Ka Pa' Akai O Ka' Aina case. a. The identity and scope of "valued cultural, or natural resources" in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area. Discussion: Due to the past use of the Property for residential purposes there have been no signs of valued cultural, historical, or natural resources on the Property to date. Due to the development of the surrounding area, the 4841-9818-8545.1 3 Applicant is not awaze of the existence of any traditional and customary Native Hawaiian rights on the Property. b. The extent to which those resources- including traditional and customazy native Hawaiian rights- will be affected or impaired by the proposed action. Discussion: There is no evidence to show that valued cultural, historical, natural resources and traditional or customary native Hawaiian rights are conducted on the Property or being practiced in the azea. Therefore, no resources or traditional and customazy Native Hawaiian rights should be affected or impaired by the proposed Project. c. The feasible action, if any, to be taken by the Planning Commission to reasonably protect native Hawaiian rights if they are found to exist. Discussion: There is no feasible action to be taken by the Planning Commission or County Council other than to require that if in the future any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights aze discovered in or around the Project, that the Applicant will report this matter to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review and assessment. 2.1.4 Natural Hazards Volcanic Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the Property is located within Lava Flow Hazard Zone 3, on a scale of ascending risk 9 to 1. Zone 3 areas include other areas on Mauna Loa in which the hazard is gradationally lower than in Zone 2, which lava flows have covered about 15 to 25% of Zone 3 on Mauna Loa during the past 750 yeazs. The Building Code designates the entire island of Hawaii in Earthquake Zone 3 and contains certain structural requirements to address the relative seismic hazard. The Project is located outside the County ofHawaii Civil Defense Agency's Tsunami Evacuation Zone. Flood and Coastal Hazazds The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) designates the Property in Zone "X". Zone "X" is designated for those areas outside the 500-year flood plan and therefore are not shown on Flood Insurance Rate Maps on file with the County Department of Public Works. Until recently, the existing drainage system was the result of uncoordinated development. However, many proposals of the "Hilo Drainage and Flood Control Report" have been completed in the Waiakea azea reducing the flooding problems. In the lower Waiakea area, stone damage is minimal due to the effectiveness of the Wailoa and Waiakea-Uka Flood Control Projects. The project is located outside the County of Hawaii Civil Defense Agency's Evacuation Zone for coastal surges from hurricanes. 4841-9818-8545.1 4' Impacts and Mitigation The Property is not within any flood, tsunami or coastal hazards zone. The Building Code requirements mitigate potential earthquake hazards. 2.1.5 Air and Noise Quality Air Ouality. Generally, air quality is affected by regional and local climates, together with the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries that would contribute to air pollution are located within the vicinity of the Project. Air quality in the Project vicinity is most affected by emissions from natural and vehicular sources. Impacts and Mitieation Although the Project would slightly increase traffic in the azea, it is not expected to generate significant levels of air pollutants. Those that aze generated would be dispersed rapidly by the prevailing winds. There could beshort-term air quality impacts due to construction activities, especially during clearing acid grubbing operations. However, these impacts can be mitigated through utilization of best management practices such as covering transported materials, water spraying, and planting of ground cover as soon as practical. Noise Quality. Because there is residential development adjacent to and in the vicinity of the Project area, existing background ambient noise levels within the Project aze similar to levels in other residential and commercial azeas of the South Hilo urban center and surrounding area. Noise levels in the Project azea aze primarily influenced by the traffic on Kanoelehua Avenue and Puainako Street. Facts and Mitieation There would be short-term noise impacts due to construction activities, especially during clearing and grubbing operations. However, these impacts can be mitigated through scheduling work during the daytime hours and by ensuring that construction equipment complies with County regulations. When fully developed, the Project is not expected to add significantly to current noise levels. 4841-9818-8545.1 5 2.1.6 Scenic and Visual Resources Scenic and Visual The natural beauty of the South Hilo district is dominated by Mauna Kea and Mauna Loa. The proposed Project will have no significant adverse effect on the existing scenic and visual resources of the South Hilo area. The Property currently contains 2 dwellings in disrepair and an abandoned red ginger farm and heavily vegetated area. The Properties within the Project are also not listed as a distinctive and identifiable land form distinguished as landmarks as identified in the General Plan within the South Hilo district. hnpacts and Mitigation The proposed rezoning will not directly impact upon existing views. 2.2 PUBLIC SERVICES AND ENGINEERING REQUIREMENTS 2.2.1 Schools Schools The schools in the area are Waiakeawaena Elementary School, Waiakea Elementazy, Intermediate and High School and the University of Hawaii at Hilo and Hawaii Community College. Imnacts and Mitigation None. The Project is expected to have no impact on the demand for education services in the region. 2.2.2 Parks and Recreation Pazks and Recreation Panaewa park, and parks associated with the school facilities addressed within Section 2.2.1 are located near the Project. hnuacts and Mitigation Given the nature of the of the Project, and the Commercial aspect of the Project, the need for additional park and recreational facilities in the area do not appear to be warranted. 2.2.3 Police, Fire and Emergency Medical Services Police Emergency services are provided by the County of Hawaii with the Hilo police headquarters, located on Kapolani Street, approximately five miles northwest of the Property. Fire There aze four 24-hour full time substations within the city the South Hilo district at Central, Waiakea, Kaumana and Kawailani. The Central Fire Station is a full-time fire/EMS operation; Waiakea Fire Station is fire/EMS/rescue operation; Kawailani Fire Station is fire/EMS operation and Kaumana Fire Station is a fire/BMS/hazazdous materials operation. Medical Center The nearest available public health facility is the Hilo Medical Center (HMC), a secondazy healthcaze facility that was completed in 1985. HMC is intended to provide major secondary care for the South and North Hilo districts and serves as a major referral center and key support for shared services, emergency services, specialty caze and long-term Gaze. asap-psis-ssas.~ 6 Facts and Mitigation Due to the limited size of the Project, it is not anticipated to add significantly to the demand for emergency or daily medical care services in the Hilo azea. The existing fire, police and emergency medical service would adequately accommodate the Project. 2.2.4 Water System Water The existing County water system in the South Hilo district is the Hilo Water System which extends as far as Alae Point to the north, Panaewa Agricultural Park to the south, Keaukaha to the east, and Kaumana and Waiakea LJka to the west. The Hilo Water System presently consumes an average of approximately 6.0 mgd and have a total normal capacity of over 20 mgd. The Hilo Water System is supplied with water from both surface and groundwater sources. The Hilo Water System contains three sources including Olaa Flume Source, Panaewa Well and Piihonua Well. The Property is currently serviced by an existing 12-inch water line located along Puainako Street. Impacts and Mitigation None. An existing water system is available, and will be sufficient to meet the needs of the Project. 2.2.5 Drainage Draina>e As addressed within Section 2.1.4 the Project area is within the County Department of Public Works, FEMA designation of "Zone X". Additionally, no natural drainage features are found on site. Impacts and Mitigation None. Development will adhere to standard industry practices for drainage and drainage issues. 2.2.6 Wastewater System Wastewater Hilo is designated as an urban sewerage planning azea. The County of Hawaii owns, operates, and maintains a sewerage system located on the Puna side of Hilo International Airport. At present, the system consists of a 5.0 million gallons per day (mgd) secondary sewage treatment plant with an ocean outfall effluent disposal and a collection system of sewage pump stations, force mains, and gravity lines. The Project will have its own individual wastewater system and comply with the State Department of Health requirements for this Project. Impacts and Mitigation None required as private septic systems will be installed in compliance with all applicable State and County regulations. 2.2.7 Solid Waste Disposal Solid Waste The County has its East Hawaii landfill waste disposal system in operation at the former dump site in Hilo located approximately five miles from the Project. 4841-9818-8545.1 7 Impacts and Mitisation Solid waste would be collected and disposed in compliance with all applicable Federal, State, and County rules and regulations. 2.2.8 Electrical, Telephone, and Cable Services Electrical Power. Electrical power service would be provided by Hawaii Electric Light Company (HELLO). Given the limited size of the Project and the utility's existing and projected reserve capacity, the projected power demands for the Project are not anticipated to have a significant impact on the utility's ability to meet the growing demand of the area. The power lines for the proposed subdivision will connect with the existing lines from Kanoelehua substation and will meet HELCO's design and installation standards. Coordination with the utility's engineers well in advance of development will ensure that the provisions of electrical power aze integrated with planned utility system improvements in the area. Telephone and Cable Service. Hawaiian Telcom provides telephone and other telecommunication services to South Hilo, and the rest of the island. As with electrical demand, given the limited size of the Project and the utility's existing and projected capacity, the projected demands for telecommunications services for the Project are not anticipated to have a significant impact on the utility's ability to meet demand in the area. Telephone lines for the Project will be installed underground thru a connection from Puainako Street. 2.2.9 Vehicular Circulation/Traffic The major roadways serving South Hilo include Hawaii Belt Road, Kanoelehua Avenue and Puainako Road. All are directly connected with roadways serving South Hilo. The Hawaii Belt Road/Kanoelehua Avenue is a State right-of--way. Short-term negative impacts may occur during the construction of the subdivision roads and infrastructure. Construction vehicles will slow area traffic while on the public roadways. No closure or rerouting of existing public traffic lanes is anticipated. 3. CONFORMANCE WITH STATE AND COUNTY PLANS 3.1 CHAPTER 343, HRS, ENVIRONMENTAL IMPACT STATEMENT REGULATIONS An Environmental Impact Statement (EIS), as defined by Chapter 343, HRS and by the State Environmental Commission Rules and Regulations, is not required for the proposed use as none of the applicable actions delineated in Chapter 343, Section 5, HRS, apply to the Project. This County Environmental Report, however, has been prepazed to address the environmental and technical considerations of the Project in compliance with Section 25-2-42 of the Hawaii County (Zoning) Code. 3.2 HAWAII COUNTY GENERAL PLAN The Hawaii County General Plan is the County's comprehensive land use policy for guiding long-range development on the Island of Hawaii. It specifies goals, policies, and asai-~s~s-ssas.i 8 standards of development for the most desirable land uses on the island. The General Plan's associated Land Use Pattern Allocation Guide (LUPAG) Map designates the general allocation of the various desired land uses, such as urban, residential, recreational, agricultural, resort commercial and industrial. South Hilo is identified by the General Plan as a major urban center and, as such, the needs for commercial development and support facilities will increase. The South Hilo district is the most populous district within the County. The Project is consistent with the County General Plan, as most of the recent commercial development serving the East Hawaii region has been concentrated in the Waiakea District and includes the Prince Kuhio Plaza and Waiakea Shopping Center complexes which aze located to the South and East of the Property. This Property is also located in close proximity to the University of Hawaii and the expansion of the University and community will induce a need for commercial services near the campus. In addition, the Project is situated in an area designated for high density and medium density Urban use and is, therefore, generally consistent with the state land use plans for the area. The following is a discussion of the Project's consistency with the specific goals, policies, and courses of action of the General Plan that are relevant to the Project. Economic Goal o Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environment. o The County of Hawaii shall strive for diversity and stability in its economic system. Policies o Identify the needs of the business community and take actions that are necessary to improve the business climate. o The County of Hawaii shall strive for diversification of the economy by strengthening existing industries and attracting new endeavors. o The County ofHawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. Discussion: The requested rezoning would foster the above-cited economic goals, policies and standazds of the Hawaii County General Plan by allowing for new commercial and economic opportunities to East Hawaii residents in a well planned commercial and business center, which will allow the city to continue its role as the island's commercial and service center in the future. The Project will support the development of a master plan for 4841-9818-8545.1 9 lands within the vicinity of the University of Hawaii at Hilo to incorporate a "college town" concept by adding the appropriate mixture of commercial uses to complement the university's infrastructure. The Project will also provide short-term construction-related job opportunities. Property, income, excise and other taxes will be generated, resulting in an increase in State and County revenues which in turn can be used to provide needed public services and facilities. Environmental Quality Goal o Maintain and, if feasible, improve the existing environmental quality of the island. Policies o Take positive action to further maintain the quality of the environment. Discussion: The Project will not result in any significant adverse effect on the environment. Those potential short-term adverse effects on the surrounding azea associated with construction activities, such as, potential noise, air quality, or drainage impacts, would be reduced or eliminated through the implementation of appropriate mitigative measures as detailed in this report. The Federal, State and County rules and regulations shall be adhered to. Flood Control and Drainaee Goals o Conserve scenic and natural resources. o Prevent damage to man-made improvements. o Reduce surface runoff and sediment runoff. Policy o All development-generated runoff shall be disposed of in a manner acceptable to the Department ofPub[ic Works. o Consider natural ha2ards in all [and use planning and permitting. Discussion: The Project is aloes-profile development that will not affect scenic view planes in the area. As addressed in Section 2.1.4 the Project area is designated within Zone "X" by FEMA for those areas outside the 500- year flood plan and therefore not shown on Flood Insurance Rate Maps on file with the County Department of Public Works. Surface water runoff aaa~-esis-ssas.i 10 and sedimentation will be minimized by methods approved by the Department of Public Works. A County approved erosion and sedimentation control plan will be implemented in conjunction with all grading activity. Historic Sites Goal o Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. Discussion: As stated in Section 2.1.2, most historic sites of South Hilo have been destroyed by agriculture, urban growth, and natural changes in landforms. The properties within the Project are not among those listed as historic properties in the Hawaii State Register of Historic Places, have not been determined to be eligible for inclusion in the National Register of Historic Places, and are not profiled as a significant cultural and/or historic site in the General Plan within the South Hilo district, and in the South Hilo Development Plan. However, if in the future any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered in or around the Project, the Applicant will report this matter to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review and assessment. Natural Beauty Goals o Protect, preserve and enhance the quality of areas endowed with natural beauty. o Protect scenic vistas and view planes from becoming obstructed. o Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. Policies o Do not allow incompatible construction in areas of natural beauty. Discussion: The Project is located in close proximity to other commercial and/or industrial areas, therefore scenic view planes will not be obstructed by the development of this Project. The height limit shall adhere to the requirements under the Hawaii County Zoning Code Section 25-5-103. Natural Resources and Shoreline Goals asai-psis-ssas.i 11 o Protect and conserve t/te natural resources of the County of Hawaii from undue exploitation, encroachment and damage. o Provide opportunities for the public to fulfill recreational, economic, and educational needs without despoiling or endangering natural resources. o Protect and promote the prudent use of Hawaii's unique, fragile and significant environmental and natural resources. o Ensure that alterations to existing land forms and vegetation, except crops and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of an earthquake. Policies o Encourage the use of native plants for screening and landscaping. Discussion: The Project is not anticipated to have any direct adverse impact on natural resources. The Project will try to incorporate native plants for screening and landscaping on the Property. The landscaping shall conform to the County regulations under the County Code Section 25-5-107. Public Utilities Goal o To have public utility facilities which are designed to ftt into their surroundings or concealed from public view. Policies o A systematic program by the County, State and private interests shall identify sources of additional water supply to ensure the development of sufficient quantities of water for future needs of high growth areas. o All water systems shall be designed and built to Department of Water Supply standards. o Power distribution shall be placed underground when m:d where feasible. The County shall encourage developers of new urban areas to place utilities underground. Discussion: All utilities for the Project will be installed underground and constructed in accordance with State and County design standards and requirements. Wastewater treatment shall be in accordance with the requirements of the State Department of Health. Land Use Goals 4841-98 ] 8-8545.1 12 o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County Policy o Encourage urban development within existing zoned areas already served by basic community facilities and utilities. Discussion: The proposed rezoning would help promote the above listed goals. The proposed rezoning would also allocate land uses in keeping with the Properties' LUPAG designation for "High and Medium Density Urban Development" by expanding the availability of commercial uses. The proposed rezoning would also be compatible with the above-cited standazds, given the Properties' ready access to public service and utilities, and its proximity to government, commercial complexes and employment centers in Hilo. 3.3 COUNTY ZONING The Hawaii County Zoning Map for the South Hilo District designates the Project as Residential-10 (RS-10). A Change of Zone from Residential (RS-10) to Neighborhood Commercial (CN-40) will be required to allow the development of commercial pads. Under Section 25-5-100 the Neighborhood Commercial Use district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. This district is distinguished from a central commercial district which provides general business and broad services to a city or region. The proposed rezoning would meet this criterion as the Property is located in close proximity with other commercial uses. In addition, the proposed Neighborhood Commercial District use is located within the State Land Use Urban District, and existing public services and infrastructure are appropriate to support the needs of the Project. 3.4 SPECIAL MANAGEMENT AREA The Property is not within the County's Special Management Area (SMA). 3.5 STATE COASTAL ZONE MANAGEMENT AREA (SCZMA) The Property is not within the State Coastal Zone Management Area. 4841-9818-8545.1 l3 4. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 4.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USE OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY Development of the Project will alter the current character of the property, but based on the findings within this report, with the implementation of appropriate mitigative measures, the Project will not result in any substantial short-term or long-term adverse impacts to the environment. While development of the property will remove the land from residential use, there is no current residential use of the property and there is an abundance of other lands available in the region that are better suited for such use. Developing the property for the intended commerciaVindustrial use will provide the benefit of enlazging the inventory of commercial properties to this growing area. The Project will be supported by the necessazy public facilities and services, and development would proceed in a manner that is in compliance with the long-range State, County and community plans for the region. Development of the Project will also result in socio-economic benefits to the community. The construction work associated with the Project will provide short-term direct employment in the construction industry. Public revenues from personal and real property taxes are expected to more than offset the cost of the minimal expansion in the need for public services necessitated as a result of the Project. 4.2 MITIGATIVE MEASURES PROPOSED TO AVOID, MINIMIZE, RECTIFY, OR REDUCE IMPACTS. Two types of mitigation measures will be employed to ensure that potential adverse environmental impacts resulting from development of the Project aze minimized. They can be characterized as generic and specific. Generic mitigation measures are standard actions aimed at reducing or eliminating impacts and which have already been institutionalized through County, State or Federal regulations, codes, laws and ordinances. Mitigation measures of this type usually apply to control of temporary or short-term construction impacts such as soil loss, noise, and air quality impacts. Generic mitigation measures aze standard, accepted means that aze appropriate for minimizing temporary or limited environmental impacts. Specific mitigation measures are generally recommended for actions that may have residual or long-tenn impacts, or those for which some form of monitoring or compensation for the environmental impact aze required. In terms of the Project, the specific and generic mitigation measures that are recommended include: o limiting construction to dry periods to the extent practical o limiting construction activities to daytime hours 4841-9818-8545.1 14 o adherence to all Federal, State, and County laws, ordinances, rules and regulations relating to environmental protection, health, safety, and construction o early construction of drainage features, where needed, such as berms o immediate stabilization of any denuded areas through sodding or planting o application of fertilizers or biocides to landscaped areas only during periods of low rainfall to minimize chemical runoff o covering of open vehicles carrying soils, gravel, or other particulate matter o controlling dust by watering exposed areas and through the use of proper stockpiling procedures o protection and preservation of archaeological and historical resources in accordance with appropriate State and County laws, ordinances, rules and regulations 4.3 ALTERNATIVES TO THE PROJECT An exploration and evaluation of the environmental impacts of all reasonable alternative actions, particulazly those that might enhance environmental quality, avoid or reduce adverse environmental impacts, costs, and risks, was perfonned in order to assess options that might enhance environmental quality and cause fewer detrimental effects. A discussion of these alternatives follows. No Action Alternative. The "no action" alternative will result in no physical change to the Property and leave it in its current unused use. The land will remain unaltered and unimproved. This alternative will not allow the objectives of the regional plan to be achieved and would deny the public the socio-economic benefits associated with the Project. There is a growing demand for commercial spaces in South Hilo area and under the "no action" alternative, the commercial and business uses that would be provided through the Project will not be available. No source of income will be brought to the owner and consequently no increase in government revenues from higher property taxes will be realized. Alternative Use. The current zoning for the property is Single-Family Residential (RS- 10). The Project, based on its location and proximity to other commercial azeas is not well suited for residential use. Any alternate use of the Project other than the proposed commercial- industrial mixed uses would not be compatible with the General Plan and the South Hilo Regional Plan. The Project is located near the Waiakea Shopping Center complexes and Prince Kuhio Plaza. Finally, retaining the Project azea for residential use would deny the public the socio-economic benefits associated with the Project. 4841-9818-8545.1 15 Alternative Locations. There are other vacant ornon-committed sites in South Hilo that have similar and favorable site characteristics for commercial development as the Project. However, the Project is near the Prince Kuhio Plaza and Waiakea Shopping Center Complexes and as such, would complement the proposed commercial development pattern in the area. Infrastructure to serve the property is already in place to serve the Project area boundary. 4.4 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES The Project would result in the irreversible and irretrievable commitment of certain natural and fiscal resources. Major resource commitments include the land on which the Project would be constructed as well as the private funds, construction materials and manpower that will be expanded in development of the land. They also include the energy, water resources, and other utility resources that will be committed to development of the Project. Existing vegetation will be removed from the Project area and not replaced. The impacts of using these resources should be weighed against the expected socioeconomic benefits to be derived from the Project and the consequences of taking no action or adopting another, less beneficial use of the property. 5. AGENCIES CONTACTED County o Planning Department o Department ofPublic Works o Department of Water Supply State o DLNR, State Historic Preservation Division 4841-9818-8545.1 16 ' /L~-J z~ ~ ~ ~ ~J L-J OHU~J STREET o o OHUGHU STREET EXTEN51 N ~z N ~ o z c n WAL-MART w x ' ~ o ~ w o m ~ in N PRINCE KUHIO PLAZA ~ IKI I T WAIAKEA CENTER X m z u. o ILL S R ET ~ PROJECT Z LOCATIO A p HI S RE KANOE~EHUq AVENUE To voLCnNO - HOLOMUA STREET I ~ P~ ~v6 MAKAALA F, I U SR ET v n EL x _ 0 oy J N KI OOLE ST E -a ZR~~ ~ ~~~co`~SRf. s ~6 i~o~.~ J~ P~ ~ MAIKAI 5 RE m 3 0 VICINITY MAP TAX MAP KEY: 3RD DIV. 2-2-39:31,57,68 & 69 WAIAKEA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Z SCALE: 1 INCH = 500 FEET 0 Prepared By: HILO ENGINEERING, INC. 484' Kalanikoa Street, Hilo, Hawaii 96720 0 DEVELDPER: Telephone: (808) 961-3706 GINGER PATCH DP, LLC GRAPHIC SCALE: C/0: JON GOMEB 900 ALEWA DRIVE HONOLULU, HAWAII 96817 500 FEET 0 500 600 EXHIBIT A m } ed ~ t n M~$ N i'd. 1 (D". Z~ ar - ~ W uu f aar re rR cp~p N ~r~ IJeV °a J.: O ° .~.+aj i,a, I i 4Y .4. Cl. J +W /w J14~ ~ -da afa Pb,o ' ~ e n d, ~b I a ~ ~ dR f A° e ~ ° d° a < ® r~/ ° + fit' dr + n 3 j C^ M1 fir' f - ~ pf ~ r ~ ° a e i ey r . y " ® d aid (e~ ~ d ° ~ ~ r } J V f c" z~` ~ O ~ x ~ ~ G I© -ate J O~~ _ „i 8 Y k . a_ ~ d 81 ~ d ~9 ~ u V r w V i F I v~ t5 ~.AI.i _ fA Y e 5a9 w~ r x ; i 9p r ~7Q O Z T. a R:Z ~ ' .^F r W O ^ ' I 4 t , < u ~ .:ate i .~_~w -Fir h • i :8 i `p. ~~J ~ ` P Q 8 ® q 2 O .ry iY ~.e ae rY~r ie~ t . ~r.~rr•',r. CIS ra~ ! - 's 8~ h e a ~ . ~ L o s:+° ~'r Y~I s~;y ° r _`w erg h aVOX jV3H0 8F 1Y7d ~ ti~ FnF: 2 Q W Y Q w. v; ,1:.i. :l. 'vt'r r:$. _ _ a s..y~•. -.a,.i~$~`i.9 e a - 3 ' _ - . f EXHIBIT B x.on coo - Zo~OZ 0 °~~~~W ~ ~ ~ I KILAUEA AVENUE 071H AUAOYNM00 0~ 2000 fOV $Y af~.t 2N0I L r~. In Y>!o ~COA J 10 F 'NW A m O N N~ V OUI ~~~uuuy WZr Zi O• I 175'40' - 57.50 ; A ~ ~ r j: TRUE NO l ~ ~ X • • ~ SCALE: IIr~-~- F 1 IN.~ 40 fT. 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I._ ~t ,s x,i* ~{,'~,~}Af~, t~ ~rtyy~ S iY ~#"i j4 s a. i q s~ 1 t F ~afW~ - SC~'~', G~, ~ ~ f xr 3j ~?~~~y:< 1 ~ ICI ~~IV~I f (I,g~~F t ~ ~ 44~ ~ Y xa~~~''°rf~w ,r ~zr ~„+G~ ~r5 ~ i 9f~ ~ i q I I ~ ~'I I i~ I`I'I .F P + + t~ ~ ~ ~P pa i ~ r v~' y. ~rc s~xw. ~ ~ .q Y { o" 9 ~~t ..t p ~ ~ i~ ~I I ~y app;", z ~ `a~ t~ +lp~ ~ ~ '2a{ .t ~p~i xt~ 3E e~ dr r' ~ r o^¢ ~ ~ ~t~,'a y:~' » a d trk e _ - ~ d H'i p 'i$ h ~ T ~ - .fir ~ d 1 R { g x ~?~L + s J b~ ~ z~ 4, <~!'L~3 ~e ~ ~ rryi ~ r f~ li ~ rne. ~P es~~~us z~ 1 r "~f 1 ~ Ze + ~6, f ,ks~ ° f b ? r ~ ~ : it ~ 1 ~ s"ata , f * ~ ~ 1 '4' s a.. t z ~t; t ~ v~` h r t ~ ~ P a i p t `Ss ~ ~ 9 iaYVS ? ~ ~ } ~ 4 E i~ ~~s _ 3~ ,1 n{ .A " 3 ~ ~4 y 'Y ~ ry' ~ry bi` ~ F ~ ~g Y i4 ~ re svfw" 1 " 1 1 Z s F ~ j IQ~ +j i+ H3+ ~ ~ . £n I y ~ 8 rX 3 r y1 ji ji. ~ ; Pn '4 ~c r~-~~ «a ~1Y~t ~ ~ ~ ~ r'~'' tt, ~ ; v1 ~ ~ e r ti sn ,.a ~ _ ~~.A ~ i ~ + ...r PI ` ~ a ,y,c r.. ~ . ~ x kip.. ~ ~ ~ a ~ ~ ~ ~ ~ - ~ ~ p ."'.r-.rw i ~ ~ ~ 11Nh1+~2FylaM.+>L.adr.~ . r e s +;z t t " dtt< .y i°: ~ ^ s uR r ~ DEPARTMENT OF PUBLIC WORKS sns_ tnjr ~r~ 4 ~ r,~ COUNTY OF HAWAII ;.uLLg - ; ' HILO, HAWAII ~,y`~~~ , DATE: October 31, 2006 7'1le~azxa~tdu•N. TO: Christopher J. Yuen, Planning Director FROM: ~w Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ O6-000052) Applicant: Ginger Patch DP, LLC Request: RS-10 to CN-40 Tax Map Key: 2-2-39: 031, 057, 068, & 069 We have reviewed the subject application forwarded by your memo dated October 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. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. The subject parcels are 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. Kilauea Avenue and Puainako Street, fronting the subject parcels, are under the jurisdiction of the Hawaii Department of Transportation. Ke{ela Street is a County right-of--way of 60' width that includes 42' wide pavement with concrete curbs, gutters, and sidewalks, fronting the subject parcels. Access shall conform to Chapter 22, County Streets, of the Hawaii County Code. Questions may be referred to Kelly Gomes of the Engineering Division at ext. 8327. EXHIBIT ~ ~k-~;~,~ ~,1~!~ 17 ' at wnrf,, - , R JJ Otte f`•0~~ ~ ~ o s" DEPARTMENT OF WATER SUPPLY ~f~rC'bUNTY OF HAWAII b~~orppwp\\~~ 345 KEKOANAO'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 FAX (BOB) 987-0657 November 14, 2006 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000052) APPLICANT -GINGER PATCH DP, LLC REQUEST: RS-10 TO CN-40 TAX MAP KEY 2-2-039:031, 057, 068, AND 069 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 12-inch waterline within Kekela Street fronting Parcel Nos. 68 and 69. Water is also available from an existing 8-inch waterline within Puainako Street fronting Parcel Nos. 68 and 57 and from an existing 8-inch waterline within Kilauea Avenue fronting Parcel No. 31. Parcel Nos. 31 and 57 aze each currently served by a 5/s-inch meter. The Department has no objection to the proposed Change of Zone Application subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the estimated peak flow in gallons per minute and the total estimated maximum daily water usage in gallons per day, including all irrigation use. Upon receipt of the water usage calculations provided above, the Department will determine the water commitment deposit amount, facilities charge (which is subject to change), and water system improvements required. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly by a licensed contractor, within five (5) feet of each of the existing 5/a-inch meters serving Parcel Nos. 31 and 57 on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before water commencement of water service. ~ / / EXHIBIT ; ~ ~ I/Uater brinc~5 ~ro~re~~... The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil flights, Room 326-W, Whitien Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice antl TDD) Mr. Christopher J. Yuen, Planning Director Page 2 November 14, 2006 3. Subject to other agencies' requirements to construct improvements within the road right-of--way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. S' cere yours, ~ M~ to D. Pavao, P.E. ana r FM:sco copy - Ginger Patch DP, LLC Mr. Steven S. C. Lim, Carlsmith Ball LLP DWS Cross Connection Section M w Harry Kim ~ 9~Q*~ E~C"r n f 47;'~ ~ ~vgrence K. Mahuna Mayor ; C ~ t ~ GG Police Chief oi'M~'~~ i L - rf~t~[iy S. Kuhojiri ~~j~!I s', Y - t ~ 1`J`rii Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Stree[ • Hilo, Hawaii 96720.3998 (808) 935-3311 Fax (808) 961-8869 October 24, 2006 TO HRISTOPHER J. YUEN, PLANNING DIRECTOR L7 FROM AMES M. DAY, ASSISTANT POLICE CHIEF, AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000052) APPLICANT: GINGER PATCH DP, LLC REQUEST: RS-10 to CN-40 TAX MAP KEY: 2-2-39:31, 57, 68 and 69 Staff after reviewing the provided documents and visiting the project site makes the following comments. This project will significantly increase the volume of traffic entering Puainako Street from Kekela Street. Current westbound traffic levels and congestion at this intersection already make a left turn from Kekela Street onto Puainako Street both difficult and hazardous. The potential for traffic casualties resulting from vehicles making left turn movements is a significant traffic safety concern. To mitigate this problem, left turns at Kekela Street should be prohibited. Additionally, signage and a median barrier or island should be installed to restrict vehicles entering Puainako Street from left-turn movements. Thank you for allowing us the opportunity to comment. KV:IIi EXHIBIT ~ ~ v iv_~~~~~ "Hawai`i County is an Equal Opportunity Provider and Employer" t JM,r ar yam Harry Kim " ~ Darryl J. Oliveira Mayor ~ { ^ Fire Chief •,;R o., gip,;,.' Desmond K. Wery M . IT Deputy Fire Chief ~ VI ~ ~`~~ouutp of ~~bnai`i FIRE DEPARTMENT 25 Aupuni Street Sui[e 103 Hilo, Hawaii 96720 (808)961-8297 Fax (808)961-8296 October 16, 2006 TO: CHRISTOPHER J. YUEN, PLANNING DIl2ECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-0000052) APPLICANT: GINGER PATCH DP, LLC REQUEST: RS-10 TO CN-40 TAX MAP KEY: 2-2-39:31, 57, 68 AND 69 In regazds to the above-mentioned Change of Zone application, the following shall be in accordance: Fire appazatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sea 10.207. (a) General Fire apparatus access roads shall be provided and maintained in accordance with the provisions ofthis section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route azound the exterior of the building. "EXCEPTIONS: 1. When buildings aze completely protected with an approved automatic fire sprinkler system, the provisions of this section maybe modified. " 2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). EXHIBIT ~P,t~o~ s "A Hawaii County is an Equal Opportunihf Provider and Emplm~er. Christopher J. Yuen October 16, 2006 Page 2 " 3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is detemvned by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "Forhigh-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire appazatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire appazatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical cleaaances or widths required by this section maybe increased when, in the opinion of the chief, vertical clearances or widths aze not adequate to provide fire apparatus access. Surface. Fire appazatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The taming radius of a fire appazatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire appazatus access roads in excess of 150 feet in length shall be provided with approved provisions for the taming around of fire appazatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire appazatus access road shall not exceed the maximum approved by the chief." (15%) Christopher J. Yuen October 16, 2006 Page 3 "(k) Obstruction. The required width of any fire appazatus access road shall not be obstructed in any mamier, including parking of vehicles. Mniirnum required widths and cleazances established under this section shall be maintained at all times. "(1) Signs. When required by the Ere chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with IIFC Section 10.301(c): "(c) Water Supply. An approvedwater 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 Ere 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 Ere hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. ARR OLIVEIRA ire Chief PBE:lpc OOJMIV Or „q~ Harry Kim ' ~ - ~ i ~ Barbara Bell Mayor ~ - Director ~ Nelson Ho Deputy DireMOr U,ITlTtt~'}~I II~ ~~i~TMtt DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : October 12, 2006 To CHRISTOPHER YL1EN, Planning 'rect r From: BARBARA BELL, Director > Subject: Change of Zone Applicati (REZ 06-000052) Applicant: Ginger Patch DP, LLC Request: RS-10 to CN-40 TMK: 2-2-39:31, 57, 68 and 69 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WAS EWATER COMMENTS: /`fi.. (r~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 ofthe Hawaii County Code. ( )Other: TECHNICAL SERVICES COMMENTS: SOLID WASTE COMMENTS: ( ) No comments Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. (}r) Aggregates and any other construction demolition waste should be responsibly reused to its fullest extent. Ample and equal room should be provided for rubbish and recycling. ( 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. ('~G) Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid W~ete Management Plan is to be followed. Provide update to the department on current status. ( )Other: cc: SWD,TSS, WWD ~~yjj~~~~~ d ssz7 ~~;~~tj:j Hawaii County is an equal w~ • employer. Director Harry Kim ' MaJ'or 1Nic6ael Ihrorslry P.E SoBd Waste Division Chief •~N M• County of Hawaii DEPARTMENT OF ENVIItONMENTAL MANAGEMENT 25 Aupmt Sheen Roam 210 • HRo, Hswai'i 96720-d2S (808) 961~808i • Faz (8a8) 961-8086 June 6, 2006 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) encourage recyding and recyding programs, (2) predict the waste generated by the proposed development to antidpate the loading on County transfer stations, landfills and recyding facilities, and (3) predict the additional traffic being generated because of waste and recyding transfers. REPORT The consultants report will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of antidpated waste volume and composition. This indudes waste generated during the construction and operational phases. Greenwastes will be induded in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under the polities of the Department of Environmental Management, Solid Waste Division. 3. Since the Department of Environmental Management promotes recyding, indicate onsite source separation fadlities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recyding. 4. Identfigtion of the proposed disposal sRe and transportation methods for the various components of the waste disposal and recyding system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. ty or xa ~ op "~eee. LIN A LINGLE CHIYOME LEINAALA FUKINO, M.D. ~~~`"~T ~C Gjli S ~ i:~ y t DIRECTOR OF HEALTH 1 A t'f .I - f_i~f~ t~`~''i`~'' ~ ~ ~ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: October 24, 2006 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Larry K. Shiro Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 06-000052) Applicant: Ginger Patch DP, LLC Request: RS-10 to CN-40 Tax Map Key: 2-2-39:31, 57, 68 and 69 We recommend that you review all of the Standard Comments on our website: www.state.hi/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. Underground Injection Systems (Ph. 5864258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on October 13, 2006. The CWB has reviewed the limited information contained in the subject document and offers the following comments: EXHIBIT 7 ~z~os~ Planning Director, County of Hawaii October 24, 2006 Page 2 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any dischazge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter I1-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual pennit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application fonns may also be picked up at our office or downloaded from our website at: http://www.hawaii.~ov/health/environmental/water/cleanwater/forms/i ndiv-index.httnl. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI fonns may be picked up at our office ~r downloaded from our website at: httn://www.hawaii. ~ov/health/environmental/water/cleanwat~t/fonnsfe enl-index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections. 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at Planning Director, County of Hawaii October 24, 2006 Page 3 - iii. different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iv. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] v. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] vi. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vii. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] viii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] ix. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ~ x. Discharges of treated effluent from recycled water distribution systems. (HAR, Chapter 11-55, Appendix J] xi. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xii. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 3. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, Planning Director, County of Hawaii October 24, 2006 Page 4 please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. As a demolition and renovation activity, the Federal Register, 40 CFR Part 61, National Emission Standard for Hazardous Air Pollutants, Asbestos NESHAP Revision; Final Rule, November 20, 1990, requires the owner/operator to inspect the affected areas to determine whether asbestos is present. Under the Asbestos School Hazard Abatement Response Act (ASHARA), all persons who conduct inspections (i.e. perform sampling and assessment of suspected asbestos-containing material) in schools or public and commercial buildings must have an active Asbestos Hazard Emergency Response (AHERA) certificate-of-training from an accredited training provider. Under NESHAP's regulation, the owner/operator would be required to file with the Department of Health, Noise, Radiation and Indoor Air Quality Branch, an Asbestos Demolition/Renovation notification 10 working days prior to demolition of each building or the disturbance of regulated asbestos-containing material. All regulated quantities and types ofasbestos-containing materials would be subject to emission controls, proper collection, containerizing, and disposal at a permitted landfill. Under a renovation project, if the amount of friable or non-friable material rendered friable is less than 160 square feet, the project would not be subject to the NESHAP requirements. However, the persons who conduct activities related to abatement and/or disturbances to friable material greater than three square feet or three linear feet, must have an active AHERA certificate of training from an Planning Director, County of Hawaii October 24, 2006 Page 5 accredited provider for that specific discipline (i.e., project designer, abatement supervisor and worker). If you have any further questions, please feel free to contact the Noise, Radiation and Indoor Air Quality Branch at (808) 586-5800. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." a. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. c. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. WORD:REZ 06-000052.at z LINDA LINGLE is, aq RODNEY K. HARAGA GOVERNOR A?"e \95g` DIRECTOR Deputy Directors %t, t'$ FRANCIS PAUL KEENO f \ : I BARRV FUKUNAGA ~ ~ ~ BRENNON T. MORIOKA %rU~,~~.~ e I ..~yi '?I~ BRIAN H. BEKIGUCHI STATE OF HAWAII IN REPLV REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.2353 HONOLULU, HAWAII 96813-5097 December 12, 2006 Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: Ginger Patch DP, LLC Change of Zone Application (REZ 06-0052) TMK: 3rd Div. 2-2-039: 031, 057, 068, 069 We have the following comments on the subject application on changing the zoning from single-family residential to neighborhood commercial at a site for a proposed commerciaUretail or business center project: 1. The proposed project will have an impact on our highway facilities (Puainako Street and Kanoelehua Avenue). 2. A traffic impact analysis report (TIAR) should be prepazed by the applicant and provided to our Highways Division, through the Highways Hawaii District Office, for review and approval. The scope of the traffic study should cover an analysis of Puainako Street and its intersections at Kanoelehua Avenue, Kekela Street and Kilauea Avenue. The study should also address queuing impacts at the project access driveways on Kekela Street; on Puainako Street; and, with a scenario for a single access on Kekela Street. 3. Changes to and/or improvement of a permitted access by the applicant will require a review and approval by the Hawaii District Office and Right-of--Way Branch of our Highways Division. The Hawaii District Office should be consulted on the requirements for sidewalk and driveway construction. Access designations, utility connections and any other right-of--way matters need to be routed through the Hawaii District Office to the Highways Right-of--Way Branch for further disposition. EXHIBIT 8 Mr. Christopher J. Yuen STP 8.2353 Page 2 December 12, 2006 4. All employee, customer and visitor parking should be accommodated on the subject project site. No parking will be allowed on the State highways. 5. No additional storm water discharge will be allowed onto the highway right-of--ways. Drainage structures installed in conjunction with the proposed development should incorporate bicycle compatible metal gratings, if gratings are used. 6. Construction plans for any work within, adjoining or affecting the State highways must be in accordance with Hawaii State highway and AASHTO standards, including ADA requirements, and be submitted to our Highways Division, through the Hawaii District Office, for review and approval. This shall include appropriate construction and environmental permits, e.g. NPDES, including any applicable permits from our Highways Division. We appreciate the opportunity to provide our comments. trul ours, RODNEY K. HARAGA Director of Transportation ' CARLSMITH BALL LLP - - ~ • ~ A LIMITED LIABILITY LAW PARTNERSHIP i~ 1. 121 WAIANUENUE AVENUE P.O. BOx 686 HILO, HAWAII 96721-0686 TELEPHONE 808.935.6644 Fax 808.935.7975 W W W.CARLSMITH.COM SLIMe CARLSMITH.COM OUR REFERENCE NO.: 0.59606-01 December 19, 2006 HAND DELIVERY Mr. Christopher J. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 06-0000052) Applicant: Ginger Patch DP, LLC Request: RS-10 to CN-40 Tax Map Key: (312-2-39:31, 57, 68 and 69 Dear Mr. Yuen: This letter is in response to the Fire Department, Department of Public Works - Engineering Division, Police Department, Department of Environmental Management, Department of Water Supply and State of Hawaii Department of Health's comments relative to the above-referenced application. Fire Department Access to the proposed Project will be located on Kekela Street and Puainako Street. Kekela Street is a County right-of-way of 60-foot width that includes a 42-foot wide pavement and Puainako Street, fronting the proposed Project is under the jurisdiction of the State Department of Transportation (DOT). Both Kekela and Puainako Street have sufficient right-of- way to meet fire apparatus access and to the extent necessazy will be improved to meet both the Department of Public Works and DOT requirements. In addition, water is available to the proposed Project from an existing 12-inch waterline within Kekela Street and from an existing 8-inch waterline within in Puainako Street. Therefore, water supply to meet the required fire flow for fire protection capacity is available. EXHIBIT 9 ®2~?d53 HONOLULU ~ KMOLEI ~ HRO ~ KONA MAUI ~ GUAM ~ SAIPAN ~ LOS ANGELES Mr. Christopher J. Yuen, Director December 19, 2006 Page 2 Department of Public Works All development generated runoff shall be disposed of on-site and will conform to applicable State and County regulations. All earthwork activity, including grading and grubbing of the proposed Project will conform to Chapter 10 Erosion and Sedimentation Control of the Hawaii County Code and access to the proposed Project will conform to Chapter 22, County Streets, of the Hawaii County Code. Police Department The proposed access for the Project will be aE Kekela and Puainako Street and the suggested mitigative measures to address traffic and potentially difficult turning situations on both streets will be discussed with both the Depaztment of Public Works (DPW) which maintains jurisdiction of Kekela Street and the State Department of Transportation (DOT) which maintains jurisdiction of Puainako Street. At the appropriate time during the development of this Project the Applicant will work with both DPW and DOT and adhere to vazious traffic, signage and roadway improvements required by both agencies. Department of Environmental Mana eg ment The proposed Project will adhere to all County and State rules and regulations during construction and development of the Project and will, at the appropriate time, prepare and submit a Solid Waste Management Plan in accordance with the Solid Waste Guidelines. Department of Water Supply The Applicant will work with project engineers to submit estimated maximum daily water usage calculations and if required by the Department of Water Supply, install various assemblies to meet the Department's water requirements for the proposed Project. State Department of Health The proposed Project will adhere to all various State rules and regulations during development of this Project. Underground Injection Control, Fugitive Dust Control, Clean Water Act, and National Pollutant Discharge Eliminations System and each of their respective standazds will be followed and at the appropriate time the Applicant will conform to all applicable inspections. Mr. Christopher J. Yuen, Director December 19, 2006 Page 3 Thank you for allowing me to provide a response to comments received for this Project and I appreciate your attention and consideration given in this matter. Respectfully submitted, Steven .C. im SSUslkl Attachment(s) 4818-1547-5169. l .059fi06- W Ot)1