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Home My WebLink AboutCOM 0457.000 2006-2008 ~tv or M~ Harry Kim ^ . •j~- Dixie Kaetsu Mnyar Mnnaging Direclar Barbara Kossow ~ r~ o~•M~+~• Deputy Mnnnging Director County of Hawaii 25 Aupuni Street, Room 2I5 Hilo, Hawaii 96720-4252 • (808) 9615211 • Fax (808) 9616553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 Fax (808)3266663 May 21, 2007 P... t.'.-. Honorable Pete Hoffinann, Chairman ~ and Members of the County Council n; County of Hawaii ` 333 Kilauea Avenue Hilo, HI 96720 Dear Chairman Hoffmann and Members: ~ Change of Zone Application (REZ 07-000061) Applicant: Justin PittulIo and Nancy Hamada Request: A-la to CN-20 Tax Map Key: 2-3-37:11 ,~hange of Zone Application (REZ 07-000063) Applicant: Guy Miller Request: A-1 a to RM-4 Tax Man Key~ 2-3-37:17 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 encloswes regarding the above-referenced requests. Sincerely, ~~0` Harry Kim a Mayor Enclosures cc: Planning Department Ref. To: _ ~ ~ Ref. Data MAY 3 0 2007 ~~J•~v,w q• u~ .L R «.M•+ e••~O County of Hawaii PLANNING CONIMISSION Aupuni Center • 101 Pauahi Stree[, Suite 3 • Hilo, Hawaii 96720 Phone (808)961-8288 • Fax (808)961-8742 May 21, 2007 Pete Hoffinann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2"a Floor Hilo, HI 96720 Dear Chairman Hoffmann and Council Members: Change of Zone Application (REZ 07-000063) Applicant: Guy Miller Request: A-la to RM-4 Tax Man Key: 2-3-37.17 The Planning Commission, after a duly held public hearing on May 4, 2007, voted to recommend for your approval the proposed legislative bill for a change of zone from the Agricultural - 1 acre (A-la) to a Multiple Family Residential - 4,000 square feet (RM-4) zoned district for approximately 1.298 acres of land. The property is located on the south side of Ponahawai Street approximately 400 feet east of the Komohana Street/Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a change of zone from A-la to RM-4 to develop two apartment buildings. Each building will contain four dwelling units, including two 2- bedroom and two 3-bedroom apartments for a total of eight dwelling units. Each unit will have one parking stall under roof in a garage and one parking stall outside in the parking area. In addition, four guest stalls will be provided for the complex as a whole. Landscaping is also proposed. Hawaii County is an Equal Opportunity Provider and Employer Pete Hoffmann, Chairman and Members of the County Council Page 2 The property has been grubbed but vacant of all structures. Easement "RU-5", an area of approximately .017 acres for road and utility purposes recorded as Document No. 2001-073886 dated May 17, 2001, is located on the northwestern portion of the property. A No Vehicular Access 10-foot wide Planting Screen Easement (Document No. 2001- 073886 dated May 17, 2001) is also identified along Ponahawai Street fronting the property. A drainage easement ("D-4") also traverses the southern portion of the site. In order to consider an azea for any type of zoning designation, the applicable goals, policies and standazds of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar azeas in the County. The change of zone request from an A-la to a RM-4 zoned district conforms to applicable goals, policies and standards of Land Use and Economic Elements of the General Plan. 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 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 Land Use -Multiple Residential element of the General Plan which state, "appropriately zoned lands shall be allocated as the need for multiple residential development increases." 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 azea is designated Medium Density Urban. Such designation may allow neighborhood commercial, residential and related uses. The project site is located within close proximity to other commercial areas, employment centers and public safety services. Surrounding lands aze in a mix of mostly commercial and agricultural uses. Lands adjacent to the project site are vacant and zoned A-la. The Ka Waena Lapaau medical office complex is located at the northern corner of the Ponahawai Street - Komohana Street intersection. The Matsuno Enterprises property, Pete Hoffinann, Chairman and Members of the County Council Page 3 which was rezoned from A-la to CN-20, is located east (makai) of the subject property. The Church of Jesus Christ of Latter Day Saints, allowed by Use Permit No. 199 granted in April of 2004, is located on the north side of Ponahawai Street. An orchid nursery is also located in close proximity to the site. Homelani Cemetery is located along the north side of Ponahawai Street, makai of the project site. According to the Department of Public Works, the southern half of the project area is located in Zone "A", a Special Flood Hazard Area inundated by the100-yeaz flood where no base flood elevations are determined. A condition will be included prohibiting the construction of any new structures within the designated flood zone. The project site has been previously grubbed. Thus, the presence of any known raze, threatened, or endangered species or endangered floral and fauna species is unlikely. Likewise, the existence of archaeological sites within the property is remote. By letter dated February 16, 2007 the applicant requested a determination of "no effect" from the State DLNR- HPD. The DLNR-HPD has not responded as of this writing. Access is from Ponahawai Street, a County roadway with aright-of--way width of 60 feet. The Department of Public Works states that the "access to the subject parcel is limited through Road & Utility Easement "RU-5" (no vehicular access planting screen easement beyond) and shall conform to Chapter 22, County Streets, of the Hawaii County Code." A condition will be included to require the applicant to shaze the access point with the adjoining parcel (TMK: 2-3-37: 18) mauka of the property. The Department of Public Works (DPW) has recommended that the applicant provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the approval of the DPW. The applicant is amenable to providing curb, gutter, and sidewalk improvements fronting the site. All essential infrastructure to support the proposed development is or can be made available to the site. Electrical and telephone services are available to the property. Police and fire services aze located less than one mile from the site. According to the Department of Water Supply, "water is available from an existing 6-inch or 8-inch waterline within Ponahawai Street fronting the subject parcel. The subject pazcel currently has a 1-inch service lateral installed to it capable of accommodating one 5/8- inchmeter, or one unit of water, which is limited to a maximum of 600 gallons per day and suitable for only one single-family dwelling: ' The applicant will be required to submit water usage calculations. Conditions of approval will be included to address the Department of Water Supply's requirements. Pete Hoffinann, Chairman and Members of the County Council Page 4 The property is currently not serviced by the County sewer system. The applicant proposes to dispose of wastewater in a septic system meeting the requirements of the Department of Health. The Department of Enviromnenta] Management's Wastewater Division states, "the subject property is not accessible to the County sewer system; therefore, according to HCC Section 21-5 and 23-85, this parcel is not required to connect to the sewer system or provide a sewer extension to connect." The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina "decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. By letter dated February 16, 2007, the applicant requested a determination of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. As of this writing, the DLNR-HPD has not provided any comments. • The valued cultural historical and natural resources found in the rezoning area: According to the applicant, there are no valued cultural, historical and natural resources found in the rezoning area. The property was previously used for sugar cane. • Possible adverse effect or impairment of valued resources: Native plants maybe destroyed by construction or ground alteration. The property has been recently grubbed. Given the property's urban setting, no known rare, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. Pete Hoffmann, Chairman and Members of the County Council Page 5 • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the request to reclassify the property from an Agricultural 1-acre (A-1 a) to aMultiple-Family Residentia14,000 square foot (RM-4) zoned district would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, William Gr~hairman Planning Commission Lmil Ier02PC Enclosures cc: Mr. David M. Ross, Jr. Mr. Guy Miller Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel sM;uaxEZansio~ COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT GUY MILLER CHANGE OF ZONE APPLICATION (REZ 07-0000631 GUY MILLER has submitted an application for a Change of Zone from Agricultural 1- acre (A-la) to Multiple-family Residentia14,000 squaze feet (RM-4) for approximately 1.298 acres of land. The property is located on the south side of Ponahawai Street approximately 400 feet east of the Komohana Street/Ponahawal Street intersection, Ponahawal, South Hilo, Hawaii, TMK: 2-3-37: 17. PROPOSED DEVELOPMENT 1. Request: Change of zone from A-la to RM-4 to develop two apartment buildings. Each building will contain four dwelling units, including two 2-bedroom and two 3-bedroom apartments for a total of eight dwelling units. Each unit will have one parking stall under roof in a garage and one parking stall outside in the parking azea. In addition, four guest stalls will be provided for the complex as a whole. Landscaping is also proposed. (Exhibit 1-Change of Zone application) 2. Project Timetable: The project is projected to be completed by December 2008. 3. Landowners: Guy and Andrea Miller. GENERAL INFORMATION 4. CN Zoning: • Height limit - 40 feet • Minimum building site area - 7,500 square feet • Setback -front and reaz 15 feet; side yards none, except where the adjoining building site is in a RS, RD, RM, RCX or V district. Where the side yazd adjoins the side yazd of a building site in these districts, the side yard must conform to the side yazd requirements for dwelling use of the adjoining district. STATE AND COUNTY PLANS 5. SLU Designation: Urban. -1- ATTAQ-I: Come. 457 Bill 111 6. GP LUPAG Map: Medium Density Urban, which may allow village and neighborhood commercial, residential and related uses. 7. County Zoning: A-la. 8. Hilo Community Development Plan: The Hilo CD Plan, adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the area for residential uses. 9. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies within the Coastal Zone Management Area. 10. Special Management Area: The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is located more than one mile from the shoreline and not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The property is rectangular in shape and vacant. Easement "RU-5", an azea of approximately .017 acres for road and utility purposes recorded as Document No. 2001-073886 dated May 17, 2001, is located on the northwestern portion of the property. A No Vehicular Access 10-foot wide Planting Screen Easement (Document No. 2001-073886 dated May 17, 2001) is also identified along Ponahawai Street fronting the property. A drainage easement ("D-4") also traverses the southern portion of the site. 12. Surrounding Land Uses/Zoning: Surrounding lands are in a mix of commercial and agricultural uses. Lands adjacent to the project site aze vacarn and zoned A-la. The Ka Waena Lapaau medical office complex is located at the northern corner of the Ponahawai Street - Komohana Street intersection. The Matsuno Enterprises property, which was rezoned from A-1 a to CN-20, is located east (makai) of the subject property. The Church of Jesus Christ of Latter Day Saints, allowed by Use Permit No. 199 granted in April of 2004, is located on the north side of Ponahawai Street. An orchid nursery is also located in close proximity to the site. Homelani Cemetery is located along the north side of Ponahawai Street, makai of the property. 13. U.S.D.A. Soil Type: HOC, Hilo silty clay loam, 0 to 10 percent slopes. The surface layer is dazk brown silty clay loam about 12 inches thick, very strongly acid, and the subsoil is strongly acid to medium acid. This soil dehydrates irreversibly into fine gravel- -2- size aggregates. 14. ALISH: Unclassified. 15. Land Study Bureau's Productivity Rating: Unclassified. 16. FIRM: According to the Department of Public Works, the southern half of the project area is located in Zone "A", a Special Flood Hazazd Area inundated by the100-yeaz flood where no base flood elevations aze determined. No structures will be allowed in the area identified as Flood Zone "A". 17. Flora/Fauna: No professional floral or faunal survey was prepazed, as the property has been grubbed. No known rare, threatened, or endangered species aze known to inhabit the parcel or aze expected to be discovered on the site. Prior to the grubbing of the site, the azea was overgrown with California grass and Wainaku grass. According to the applicant, species found in the project area include the spotted dove, Japanese white-eye, common myna and house finch. Plant species azound the project azea include mostly alien species. None aze considered rare, threatened or endangered. 18. ArchaeologicaVCulturaUHistorical Resources: No archaeological inventory survey was prepared, as the property has been grubbed. Similarly, no valued cultural or historical resources exist on the site. No traditional and customary native Hawaiian rights are exercised on the site. By letter dated February 16, 2007, the applicant requested a determination of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. 19. RecreationaWisual Resources: The proposed use of the property will not negatively impact recreational resources and visual resources to or from the shoreline. No scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 20. Public Access: There is no public access to the mountains or the shoreline that traverses the property. UTII.TTIES AND SERVICES 21. Access: Access is from Ponahawai Street, a Coumy roadway with aright-of--way width of 60 feet. The Department of Public Works states that "access to the subject pazcel is -3- limited through Road & Utility Easement "RU-5" (no vehicular access planting screen easement beyond) and shall conform to Chapter 22, County Streets, of the Hawaii County Code." 22. Water: According to the Department of Water Supply, "water is available from an existing 6-inch or 8-inch waterline within Ponahawai Street fronting the subject parcel. The subject parcel currently has a 1-inch service lateral installed to it capable of accommodating one 5/8-inch meter, or one unit of water, which is limited to a maximum of 600 gallons per day and suitable for only one single-family dwelling." The applicant will be required to submit water usage calculations. 23. Wastewater: The Department of Environmental Management states that "the subject property is not accessible to the County sewer system; therefore, according to HCC Section 21-5 and 23-85, this parcel is not required to connect to the sewer system or provide a sewer extension to connect." The applicant proposes to dispose of wastewater in a septic system meeting the requirements of the Department of Health. 24. Solid Waste: Solid waste will be handled by commercial haulers. 25. Utilities and Services: All essential utilities and services are available to the site. AGENCIES' COMMENTS 26. Department of Public Works: Exhibit 2 -March 28, 2007 memo 27. Department of Water Supply: Exhibit 3 -March 29, 2007 memo 28. Police Department: Exhibit 4 -March 14, 2007 memo 29. Fire Department: Exhibit 5 -March 13, 2007 memo 30. Department of Environmental Management: Exhibit 6 -March 1, 2007 memo 31. Office of Housing and Community Developmem: Exhibit 7 -March 2, 2007 memo 32. Department of Health: Exhibit 8 -March 19, 2007 memo 33. DLNR Land Division: Exhibit 9 -March 2, 2007 memo AGENCIES - NO RESPONSE 34. Civil Defense Agency, DLNR Historic Preservation Division, Natural Resources Conservation Service -a- 4 PUBLIC COMMENTS 35. None as of this writing. -5- t~_ ~ CHANGE OF ZONE APPLICATION ZP~7 ~ , l COUNTY OF HAWAH = _ PLANNING DEPARTMENT ~ _ (Type or Iegibly print the requested information) APPLICANT: Gu Miller APPLICANT'S SIGNATURE: DATE: 2!16/07 ADDRESS: 75-6081 Alii Drive P201 Kailua-Kona Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 938-6918 (Res.) 326-9681 (Fax) N/A LANDOWNER(S):Guy N. Miller & Andrea L. Mil/le~r~ LANDOWNER SIGNATURE(S): ~ s' l~ DATE: 2 ^.2~'-6~ (May be by letter) LANDOWNER(S) ADDRESS: same as applicant REQUEST: AG 1 TO RM-4 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2-3-37.17 i STREET ADDRESS OF PROPERTY: Ponahawai Street I I SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.298 acres AGENT: David M. Ross Jr. P.E. ADDRESS: Ross Engineering 77-6219A Kaumalumalu Drive Holualoa Hawaii 96725 l TELEPHONE:(Bus.) (808) 322-7152 (Res.) (Fax) (808) 322-9501 I i Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Ross Engineerint; Inc. COPIES: Guy Miller EXHIBIT i 7. n0phin Sxr Hotcl ~ 1 Malie \e • ~ .,~,q ~'U~~' ! •Ldhub AOtb .Hnk Vs! Tfi 3. Phlani Aptse 4'uietAb°Il\_lto wgtl Ging a T~?y • q Inn w, y- 4.HsiliElderly.4 is 1i.~ Clem Akina Psrk 1' m t KhQ~ m - Am9uulu Rd _ pbai „ ~ ! !n, pa4zd E' • r'~ • 5 ° • ~cla Ncn ~ St`s (Amauulu Carnp Rd) ~M~.~' , ~ , Hbk Es u~` ~ n Itivcrrids Pork Ny4 \9• C d X,a~ (Resd's lJtaMj ~a ` 1~y0 o~~'Z.,, 'l~ vs e a1J tt\ cY~~`3"` Hilq¦ , `"'`°4• ~`o~d ~P° SUBJECT SITE _ ~ G ~ ~ x e~ ~6~ ~ Ub.an Leh a;~~ ~J,w TMK : (3 J 2-3-037:01 7 s~ 4r ""''"~'3 xilo Uni Mweum U } c4 ~"t"t~ o ,rve ~ Elem. Sc1.1. ¦ ~¦4. [ '~i No le ~,aN xilo tjib V'° ¦ ! ~ o ~°q High Sc. S. Tcaau ~ 3, cmwic6 C In ~ WutvW+ sy wvie~ ° 2 Ba l].Uo~. aR ~'?~ago~, - T°'" a,~yEV ~o l§( 4 ~bna~a 44 *~~a ~~4a'II~"" ~ ~ c ~SC\ °rr4 Ap~u¦ ~tiA Cq 210 ~G `ta\4• ~~b^` `yo ,Rraina th°' ~iy ~qp. 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I. ~ - I RM-1 I~ ~ m u~ a f o ~ { ` RM-NI \a\ti\St ~ ~ 1 J m ` V r. 1 t~i,_- \ Isvio > uroa5 I I j H / pn $t; I i \ ~~RS` ''w' 1 R -d% ~ ~R .-4 ~ i RS-T. ~ .I i k l j I RS- 15 ~ l x 1301 1.45a 2.6Cp F~eN 6:G a25 0 i5D AMENDMENT TC~ THE ~C~R~IN~ CQDE AMENDING SECTION 25-8-33 (CITY OF H1L0 ZONE MAP) ARTlGLE S, CHAPTER 25 (ZONING CODE) OF 7FiE HAWAII COUNTY CODE 1983 (2005 EDtTION),'BY CHANGING 7H1= p15TRICT GLASSiF1CAT[ON FROIJI AGRICULTURAL (A-1a) TO MULTIPLE RESIDENTIAL (RM-4) AT PONAHAWAI, SOUTH H1L0, HAWAII FIGURE THREE \42506_FIGURE_THREE_ZONING_MAP. 02/16/2007 12:05:54 AM ~i ~~o~ PONAHAWAI ST. WATER 6., WATER ~ ~ .4! 6,. 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Y~ ~j SO. ~}2 T' S W O ~ A '~6~. a0 i ~ Q ~ ~ L 0al'd7' ao' ~ oN T y ~ ~ JN ! !io - x,05 o~ o Eta c _ pnN E v S ~ E v~ v_, ~ ATTACHMENT 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 property land in accordance with the approved change of zone? No If yes, please answer the rest of question 1 and then to question 3. N/A a. How many acres of the requested area do you intend to subdivide? N/A b. Into what lot sizes? N/A c If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? N/A If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you 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? NO b. Sell or lease the land to someone who has tentative plans? NO c. Sell of lease the land to someone who has no plans? NO d. Keep it? YES e. Other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in you answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. N/A 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. The applicant proposes to construct two apartment buildings on the subject property, each containing two 2-bedroom units and two 3-bedroom units for a total of 8 rental units. Each unit will have one parking stall under roof in a garage and one parking stall outside in the parking area. After re-zoning approval has been granted, the applicant intends to secure the balance of required construction permits and make all site development improvements immediately after the required permits are issued. Hopefully, site development can begin to be done before the end of 2007. Building construction will start several months thereafter with a goal to occupy Apartment Building #1 by August 2008. Construction on Apartment Building #2 will follow immediately thereafter with completion estimated by December 2008. Financing will be arranged through private lending institutions. 4. Have you performed any study which would demonstrate a need for your proposed building and /or development? NO If so, please elaborate on your findirigs in the space provided below, -2- 5. Have you performed any study which discusses the environmental impacts your request would have on the surrounding area and/or the County? NO If so, please elaborate on your findings in the space provided below. N/A 6. Are there any buildings on the subject area? NO If so, what kind? N/A Whate do you intend to do with those buildings if your request is approved? N/A 7. Is the subject land currently being used for any agricultural activity? NO If so, please list the kinds of products grown on and how many square feet or acres of land per product? NIA -3- 8. To your knowledge, has there been any flooding and/or drainage problems on the subject area? NO If so, please describe the problem. Drainage Easement "D-4" provides fora 100-year floodway, but there are no known problems associated with it 9. Do you think the roads leading to the subject area needs improvement? NO If so, what kind? N/A 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 t~ a. Schools X b. Roads X c. Sewer X d. Drainage X e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Recreational Facilities X i. Other -4- For those checked "yes" please elaborate what type or kinds of improvements andlor assistance are needed. N/A 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. NO Signature: y Address: 75-6081 Alii Drive, P201, Kailua-Kona,Hl 96740 Telephone: 938-6918 Date: ~ ~ Z ~ COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) I. INTRODUCTION The applicant, Guy Miller, is the landowner of TMK: (3) 2-3-37:17, and intends to construct two apartment buildings on the subject site. Each building will have four dwelling units, including two 2-bedroom and two 3-bedroom apartments, for a total of 8 dwelling units. On this basis, the applicant is requesting the rezoning of the subject property from Agriculture (A-1 a) to Multiple Residential, 4000SF/unit (RM-4). II. PROJECT LOCATION The subject property, TMK: (3) 2-3-37:17, consisting of 1.298 acres, are located on the south side of Ponahawai Street in Hilo (Figure One). The subject property fronts the south side of Ponahawai Street, mauka of the Homelani Cemetery and about 400 feet east of Komohana Street (Figure Two). Two properties neazby properties located on Ponahawai Street have been recently submitted rezoning applications (Figure Three). Currently under review is an application for TMK: (3) 2-3-37:9 (Guy Nakao) for rezoning to CN-20, to construct a physical therapy office. Also, an application for rezoning to CN-20 for TMK: (3) 2-3-037-011 (Pittullo and Hamada) has been submitted. IILPROJECT DESCRIPTION A. Project Concept The attached site plan (Figure Four) shows access to the project via a driveway from Ponahawai Street, as well as the building locations, and the pazking stalls provided. The entry runs through Road/Utility Easements (RU-5 & RU-6), which provide for a joint driveway for parcels 17 & 18. The applicant proposes to construct two apartment buildings on the subject property, each containing two 2-bedroom units and two 3-bedroom units for a total of 8 rental units. Each unit will have one parking stall under roof in a gazage and one pazking stall outside in the pazking area. Floor plan schematics and Elevations are shown on Figures SA-SF. Each dwelling unit will have one covered parking stall (gazage) plus one additional designated uncovered parking stall. In addition, 4 guest stalls will be provided for the complex as a whole, yielding an average of 2.5 stalls/unit, which significantly exceeds the parking requirement of 1.25 stalls/dwelling unit. Although the design of the project is conceptual at this stage, the applicant intends to goal is to develop a beautifully landscaped but modest housing complex that 1 COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) will serve the needs of moderate income residents in Hilo. The 2- & 3-bedroom units will be approximately 850-1200sf/unit respectively plus lanai. B. Project Timetable and Cost After re-zoning approval has been granted, the applicant intends to secure the balance of required construction permits and make all site development improvements immediately after the required permits are issued. Hopefully, site development can begin to be done before the end of 2007. Building construction will start several months thereafter with a goal to occupy Apartment Building #1 by August 2008. Construction on Apartment Building #2 will follow immediately thereafter with completion estimated by December 2008. An 8" and 6" water main are available in Ponahawai Street to serve the project. Wastewater will be treated with Individual Wastewater Systems. Electrical and Telephone utilities are available on Ponahawai Street. The market value of on- site construction improvements (including grading, paving, and building construction) is estimated to be between $1.5-$2.0 million. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Urban. Therefore, a boundary amendment to cover the requested RM-4 zone is not needed. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site as Medium Density Urban. Therefore, a General Plan amendment to the LUPAG map would not be required. Relative to the Medium Density Urban designation, the General Plan allows consideration for "Village and neighborhood commercial and residential and related functions (3-story commercial; residential-up to 35 units per acre." The requested zonings and planned uses would be consistent with the uses envisioned within the Medium Density Urban area. C. Hilo Community Development Plan The Community Development Plan (CDP) attempts to further define the General Plan and serves as a guide for decision makers. The Planning Commission 2 COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-la TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) adopted it in 1975, over 25 years ago. Although reviewed by the County Council, the CDP was never adopted. The CDP's Land Use Concept map identifies a RS/RM PUD designation for this area. Having some residential uses on the balance of the property with the proposed commercial uses would be somewhat consistent with the concept of a residential PUD. Despite the technical inconsistency, however, it is acknowledged that the growth of Hilo and its outlying areas like Puna and Hamakua have made some of the planning assumptions the CDP obsolete. An updated CDP would be timely. Since there is presently no relevant intermediary planning document available, the General Plan LUPAG map and policies must be used. The General Plan is more critical, as the County Charter requires all zone changes be consistent with it. D. County Zoning The County zoning of the subject area is Agriculture (A-la). If the Residential Multiple (RM-4) request is approved, all related land use and development codes, will be complied with by the applicant, including Plan Approval, parking, landscaping, fire, ADA, etc. E. Other Permitting Considerations The subject property is not located within the County Special Management Area (SMA). Therefore, no SMA Use Permit would be required. However, other construction permits would be required, such as Plan Approval, grading permit, building permit, Department of Health clearances, driveway improvement permits, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The 1.298 acre site is rectangulaz in shape. The site's frontage along Ponahawai Street is 104.82 feet. The rear boundary line has a width of 150.11 feet and the lengths of the property are 445.00 feet. The subject property was formerly planted in sugar cane. Since the property is zoned agricultural, the owner is permitted to grub up to one acre. In order to have a topographical survey performed, the owner recently had the front % of the property grubbed from the street frontage to the drainage easement. Prior to this 3 COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) activity, the site was overgrown with weeds, high elephant grass, and other introduced plant species. There are no structures on the site. B. Climate, Soil, and Topography According to the State Commission on Water Resource Management, the nearest rain gauge in this area is the Hilo Airport. The rainfall data of this gauge notes that over the past 37 yeazs, the annual median rainfall for this azea was 131.1 inches. The wetter months tend to occur October through April. The average daily temperature ranges from a minimum of 61 degrees to a maximum of 79 degrees Fahrenheit. Wind patterns are generally trade winds (easterly) during the day and mountain winds (westerly) during the evenings. The subject property is approximately at 220 feet in elevation. There is a less than ten percent slope towards the makai end of the property. There are no perceptible topographic or geologic constraints on the area of the proposed development. The U.S. Department of Agriculture Natural Resources Conservation Service Soil Survey designates this site HoC, Hilo silty clay loam (0 to 10 percent slope). This soil represents the Hilo series ofwell-drained soils formed in volcanic ash layers. The University of Hawaii Land Study Bureau Overall Master Productivity Rating map classifies the subject property as "C" (C-42) or Fair. The soil is of the Hilo and Wailea series and is characterized by soils that area deep, with moderately fine texture, non-stony, and well-drained. This soil is well suited for machine tillability. Being within an urban area, the site is not classified under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system. Therefore, the State's classification system does not recognize this site as being agriculturally important. C. Natural Hazards 1. Drainage Figure Six shows a portion of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) for Hilo, which identifies the subject property primarily as having Zone X except for the 4 COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) known drainage way defined as Drainage Easement D-4 (Figure Four), which is Zone A. There will be an added level of impervious surface resulting from the proposed development, therefore causing potential increased run-off. In that event, drywell(s) or similar type of accommodations will be implemented, subject to the review and approval of the Department of Public Works and State Department of Health via the Underground Injection Control (UIC) permit process. With the proposed on-site drainage improvements, and since none of the proposed improvements will occur within any Floodway (AE) designated area, all potential drainage and/or flooding issues could be reasonable addressed and mitigated. 2. Tsunami Hazard Given the elevation of approximately 220 feet and distance from the nearest shoreline (approximately one mile), it is located outside of the Civil Defense's Tsunami Evacuation Zone. Therefore, there should be little or no threat from high waves. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the subject site as Lava Flow Hazazd Zone 3, on a scale of ascending risk, 9 to 1. This designation applies to all of Hilo. There is very little that can be done to protect structures and improvements on the subject property from lava flows. However, relative to protection of life, evacuation routes and warning systems are provided by the County Civil Defense agency. Notices will be prominently placed within the proposed building. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. Therefore, all structures built on the site will meet the more restrictive seismic hazazd structural requirements of the Building Code. 5 COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) D. Fauna Resources As the site is within an urban area and previously in sugar cane, no professional survey was conducted of the faunal resources of the site. The applicant does not believe that raze or endangered faunal resources aze likely to be found within or proximate to subject site. This is due to the already developed state of the subject azea and its immediate surrounding area. Nonetheless, due to the semi-developed state of the azea, the faunal Resources should be somewhat typical of other developed azeas. One may thus find bird species such as the Spotted Dove, Japanese White-eye, House Finch, Common Myna, and the like. Domestic animals, such as cats and dogs, and other animals like rats and mongooses are also cormnon. None of these are endangered animals. As such, it is unlikely that development of this property would cause any adverse faunal impacts. E Floral Resources As with the description of the sites faunal resources, no Professional botanical survey was done of the subject area. In historical times, the site was used for sugar cane cultivation, and remnants of sugaz cane growth are evident. As mentioned above, a large portion of the site was recently grubbed. Prior to that, the azea was overgrown with California grass (Brachiaria mutica) and Wainaku grass (Panicum repens). None of these are considered raze, threatened or endangered plant species. These plants can be found in the general area and other midland, disturbed habitats in Hawaii, including the azea on the mauka side of Komohana Street. IN conjunction with the application for the University Terrace Project, the botanical study found similar type of plant species and concluded that the development would not have any adverse floral impacts. The same conclusion can be drawn for this site. F. gistoricallCulturallArchaeological Resources As the site was previously cleazed and used for sugaz cane, and more recently grubbed, no commissioned archaeological survey of the site was made. The former clearing makes it less likely to find any archeological features on the site. Nonetheless, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. 6 ' COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: {3) 2-3-037: 017 (1.298Acres) G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to Native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. However, as the site has been used for sugaz cane, it would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have Any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located over a mile from the coastline. As, such, impacts resulting from discharge or drainage systems from the site should not be significant. Being anon-coastal property, no coastal access will be affected. The proposed development is expected to develop its own private wastewater system, possibly a septic tank system. In the event the County's sewer line is extended to this azea, the applicant would connect to this system. In either case, the method of wastewater disposal should further reduce potential adverse groundwater or near shore water impacts resulting from this project. Further as noted earlier, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be taken. At that time, to water and coastal resources will be carefully examined. I. Noise, Air Quality, and Dust The existing background ambient noise level in this area is generated by wind, birds, and the like. However, the significant manmade noise is influenced by the traffic associated along both Komohana and particular, Ponohawai Streets. With the traffic, the noise level is relatively high, averaging more than SSLdn. 7 ' COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) To mitigate this noise to the project, the applicant plans to install appropriate landscaping along the frontage of the property and to the sides. There will also be short-term noise impacts during the construction Phase. To mitigate this impact, the development of this project- particularly the site work- will be limited to daylight hours and on weekdays. Contractors will also be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. The proposed development should not generate any direct air quality impacts. As the project itself is not expected to have uses that generates adverse air pollutants, the only discernable air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehiculaz air emissions and the prevailing trade winds. All of the required parking area within the project site will be paved with an all- weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, the exception of minimal construction dust in the beginning, term dust generated by the project should be insignificant. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or azeas listed as scenic resources. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo azea. The most notable is the backdrop of Mauna Kea and the Hilo. The proposed development would not have any visual impacts on Mauna Kea or Hilo Bay. The view of Mauna Kea in this area is somewhat visible from Komohana Street. Inasmuch as the subject site is located makai of Komohana Street, this view would not be impeded from this public road. The view of Hilo Bay is possible from Komohana Street and Ponahawai Street. However, because there are intervening sites between the subject property and Komohana Street, this view should not be adversely impacted. Then, too, because the land slopes in a makai direction, it would make the potentially tallest structure appear even less tall. From Ponahawai Street, the site is located to the south, whereas the view is more northeast. Thus, with the location of the site in relation to the views of the significant landmarks, and the sloping topography, the visual impact should not be overly pronounced. 8 COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) VL. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The surrounding land uses in this azea are a mixture of low to moderately dense residential, semi-agricultural, and commercial uses. There are residential subdivisions located generally makai (Kapiolani Street) and south (Kukuau Street) of the subject site. There are also other residential subdivisions within 1,000 ft. of the subject site. The only quasi-agricultural use is a nursery about 1000 ft. makai of the subject site, which coincidentally is for sale and being marketed as anon-agricultural property. There is a cemetery less than 1100 ft. makai of the subject site, while the properties immediately adjacent to the subject site are vacant. There aze several commercial uses within 1000 ft. of the site. These include medical offices at the comer of Ponohawai Street and Komohana Street, as well as Kapiolani Street and Ponohawai Street. A neighborhood retail and office complex is also being planned less than 300 ft from the subject site. The requested zoning would be generally consistent with the evolving mixture of commercial and residential land use pattern in this area. Nonetheless, because there aze some residential developments proximate to the subject area, mitigation measures will be taken. These measures deal principally with landscaping, lighting, and access. It should also be noted that the recently approved University Terrace project is located mauka of Kornohana Street, less than SOOft. from the subject site. This project calls for a mixture of residential and commercial uses. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would provide short term employment opportunities for those in the construction and related industries. A multiple residential rezoning would also increase the tax revenues to the County. However, there could be some real property tax consequences for the adjoining agriculturally zoned properties. As the assessed valuation of the subject property rises due to the higher residential use, there could be some fallout to 9 COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) some neighboring properties. However, landowner's intent on keeping their property for residential or agricultural uses would have the option of dedicating their land for residential or agricultural uses. C. AgriculturalImpacts The subject site has not been used for corcunercial agricultural purposes for over 30 years. With the exception of the limited agricultural activity (nursery) north and makai of the subject site, the surrounding areas consist of a mixture of commercial and residential uses (including a cemetery). Admittedly, the soil classification system of the Land Study Bureau designates the site as a Class C or "Fair", and thereby suggesting the site's agricultural potential. However, it is located in an urban "in-fill" area, and as such, not classified as important on the State Agricultural Lands of Importance to the State of Hawaii (ALISH) system. Thus, its removal from potential agricultural use should not compromise the agricultural objectives of the County. Given the above, the agricultural impacts resulting form this rezoning should not be significant. VII. INFRASTRUCTURE CONSIDERATIONS A. Road and Traffic The subject site fronts Ponohawai Street. This 2-lane County road serves as one of several mauka/makai roads in and out of Hilo. It has aright-of--way of 60ft. with a 24ft wide pavement and 4+ft. wide grass shoulders. To minimize potential traffic movement conflicts along Ponahawai Street, the applicant will be limited to an approved access via the common driveway easement provided for parcel 17 & 18 by Road and Utility Easements RU-5 & RU-6. At the entrance, the applicant proposes to construct a 20-foot wide paved private driveway leading to the entrance of the project. If required, a curb, gutter, and sidewalk section fronting the subject site along Ponahawai Street would be constructed. It should be noted at the proposed entrance, the sight distance is very good, as this section of Ponahawai Street has a road curvature with radius, R=1030', which allows excellent sight distance. B. Water 10 COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-la TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) Water service to the project site is from the Piihonua well source. There is a 12- inch line along Komohana Street and an 8-inch County water line fronting the subject site along Ponahawai Street. It is anticipated that the proposed development would need 10 units of water or 6000 gallons of water per day. Should this application be favorably considered, the applicant intends to secure the required water commitments from the Department of Water Supply for this project. C. Wastewater The subject area is not serviced by the County sewer system. As such, the alternatives for the applicant are either a private wastewater system or connecting to the County Sewer line. At this time, the applicant intends to develop a private system, which would typically be a septic system. Given the size of the property and the proposed use, the wastewater demand will utilize no more than 5 Individual Wastewater systems of 1000 GPD each. D. Solid Waste Solid waste will be handled by commercial haulers, who will dispose of the refuse at the County Landfill in Hilo, which is at or nearing capacity. This landfill will be closed when full and waste will have to be hauled and ultimately disposed of at Pu'uanahulu in West Hawaii. During the course of preparing the land for this project, the applicant intends to retain as much of the materials on the property as possible. This should minimize disposal required at approved sites. This and other waste reduction methods will be reflected in the required solid waste management plan to help address this situation. E. Other Government Services As this area is already part of an urban area, it already has access to a number of services. All of the required police, fire and related services are available. Police protective services are provided from the main station along Kapiolani Street, less than 2 miles from the site. There are also the Kaumana and Kawailani stations, located less than 2 miles away. Emergency medical and paramedical services are also provided from these stations. The Hilo Hospital is located approximately 2 miles from the site and is managed by the State. This facility is one of S licensed hospitals on the island. 11 ' COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) As this project has four 2-bedroom and four 3-bedroom apartments there will be a small increase in demand for school services and park facilities. It should be noted that the site is proximate to the K-12 Hilo Complex and Waiakea Complex, both of which are less than 2 miles from the site. There are also a number of public parks within a 2-mile radius. F. Others Utilities. All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and maintenance and Enhancement of Long-Term Productivity The short-term use of the site would probably be the same as the current use, which is opens space. This will continue until the full improvements are made, which will hopefully commence before the end of 2007 and be completed in Phases over the following 2 yeazs. This project should not result in any significantly adverse short or long-term impacts that cannot be properly mitigated. There will be direct and indirect economic benefits resulting from the construction and implementation of this project. There will be construction jobs created in the short-term and full-time business staff working in the office complex. In this connection, the project will generate increased tax revenues that can supplement the State and County's fiscal resources. Because of its location, this project will provide residential space that can serve the immediate neighborhoods in the vicinity. When this property was subdivided by the previous owner, impacts of the project were taken into account, with provisions such as the shared driveway access provided for by Road and Utility Easements "RU-5" & "RU-6" on parcels 17 & 18. B. Irreversible and Irretrievable Commitment of Resources The area of the requested rezoning has already been extensively disturbed. As such, the commitment of natural or other resources (such as botanical and avifaunal) would not appear to be significant. C. Mitigation Measures 12 COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) The applicant intends to provide reasonable off- and on-site infrastructure in conjunction with the development of this project. These will include on-site drainage system, landscaping, road, water, and wastewater improvements. All of theses will be done in conjunction with the permitting and permit implementation phases of this project. Off-site traffic-related improvements at Ponahawai Street fronting the property will, if required, also be provided. This would involve the construction of a curb, gutter and sidewalk section fronting the property. If any inadvertent archaeological discoveries are made during any phase of this project, the Planning Department will be notified, and appropriate mitigation will be taken before work is resumed. Landscaping will also be incorporated within the project site, as well as along it boundaries. The landscaping would be consistent with the Planning Department's landscaping rule 17. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site would remain in it present vacant, cleared use. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. 2. Development Based on Existing Al-a Zoning Under this alternative, the area of the request zoning may still not be utilized agriculturally, given its current condition. The site would probably be used fora 1-acre residence. A large-lot residential lot, however, may not be too desirable due to noise associated with the traffic along Ponahawai Street. 3. Higher Density Residential Rezoning Another option could be to utilize this site for a higher density residential project. While that would still be consistent with the General LUPAG's map Medium Density designation, it may not be economically feasible due to off-site wastewater infrastructure improvements required. 13 • COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) 4. Evaluation of Alternatives Leaving the properly in its current state would not maximize the use of the land. The land could not be subdivided further without a change of zone and its agricultural uses would be minimal in any configuration. There would also be diminished tax revenues and less housing available to the public. While higher residential densities are possible, those uses may not be really desirable, given its proximity to the Highway. The proposed project will make any required frontage improvements, which would likely be similar for any of the alternatives. The project in totality would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it appears that none of the alternatives would be more prudent and beneficial than the requested RM-4 zoning alternative. IX. REGULATORY ANALYSIS -County and State Land Use Policies A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. Tt provides direction for balanced growth in the County The LUPAG map designates the site Medium Density, a designation that allows the requested RM-4 zoning. Accordingly, this request would be consistent with the LUPAG map. B. General Plan Policies Economic Element Goals • Provide residents with opportunities to improve their quality of life • Economic Development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. 14 COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with tfie County's natural and social environment. • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Housing Element Goals • Attain safe, sanitary and livable housing for the residents of the County of Hawaii. • Maintain a housing supply which allows a variety of choice. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sized to satisfactorily accommodate the needs and desires of families and individuals. Policies • The County shall encourage a volmne of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • Increase rental opportunities and choices in terms of quality, cost, amenity, style and size of housing, especially for low and moderate income households. • The County shall work with, encourage and support the private sector efforts in the provision of affordable housing. Stmidards 15 • COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) • Housing standards shall consist of and comply with: Housing Code, Building Code, Electrical Code, Plumbing Code, Zoning Code, Subdivision Code, and standards of single-family and multiple-residential land use element Multiple-Residential Element Goals • To provide for multiple residential developments that maximize convenience for its occupants. • To provide for suitable living environments which accommodate the physical, social, and economic needs of island residents. Policies • Appropriately zoned lands shall be allocated as the demand fro multiple residential dwellings increases. These areas shall be allocated with respect to the places of employment, shopping facilities, educational, recreational and cultural facilities and public facilities and utilities. • The County shall encourage flexibility in the design of residential sites, buildings and related facilities to achieve a diversity of socio- economic housing mix and innovative means of meeting the market requirements. Standa~~ds • Areas shall be located in such a manner that traffic generated by high density development will not be required to travel through azeas of lesser density en route to principal community facilities. • Provide adequate access to arterial streets, shopping facilities, schools, employment centers, and other services. Discussion If approved, the project would provide needed much needed housing to this sector of Hilo. Its location is proximate to a nearby medical complex and would be helpful in providing housing opportunities for workers in those facilities. Since most required infrastructures are already in place (roads, water, electrical, telephone) the applicant will not tax the government's servicing ability. 16 COUNTY ENVIRONMENTAL REPORT ' GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) The site has limited on-site developmental constraints. There is a drainage easement as part of the FIRM map for the area (Figure Six). The rear portion of the property could be considered an amenity (open space) that might be used for recreation activities. It also may serve as habitat for local birds, thus preserving their habitat. Should, inadvertent azcheological features be found on site ,work will stop and the State DLNR and County Planning Departrnent will be consulted before further activities occur within the affected area. Finally, all structures will be built to comply with appropriate Zoning Code Standazds, such as pazking, setback, height, landscaping, and so forth. C. Zoning Should the rezoning request be approved, the site would be developed into an apartment complex. All structures and improvements would be developed consistent with the Zoning Code. No variances from the code are anticipated. D. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. Said Plan is intended to serve as a guide for the growth and future long-range development of the State. Pursuant to said requirement, a discussion of the pertinent policies and goals and the project's relationship follows: Goals: • A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people. 17 COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-1 a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) • Physical, social and economic well-being for individuals and families, that nourishes a sense of community responsibility and caring of participation in family life. Discussion: The proposed project would achieve.the_ se goals. It would provide both direct and indirect employment opportunities for current and fixture residents of the island; contribute to the island's overall tax base and hence, increase both State and County revenues; and complement and support other economic uses and in tum, contribute to the stability, diversity, and growth of local and regional economies. This employment opportunity would come without adversely affecting the environment. There is no known wildlife or plant life listed as either endangered or threatened on the subject site. Because of its historical agricultural use, the likelihood of finding archaeological features on the site is quite remote. Impacts to the surrounding areas would also not be significantly adverse. All required infrastructures will be in place by the applicant prior to occupancy of any portion of the project. These include traffic improvements, and the wastewater and water system. Furthermore, the provision and/or retention of natural landscaped buffers around the perimeter of and selected portions within the project site would also help mitigate any adverse visual and noise impacts to neighboring residential or agricultural properties. E. Hawaii Costal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205a, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those azeas proximate to the coast and identified by the County as the Special Management Area. Nonetheless, a general review of a project's consistency to the CZM policies -regardless of its location -must still be made. Please note the following: • The proposed project will not have any substantial adverse environmental or ecological effect. (Please refer to discussion in Chapters V, VI, and VII). Any effect that may result will be outweighed by public interest. 18 ' COUNTY ENVIRONMENTAL REPORT GUY MILLER REZONING REQUEST (A-I a TO RM-4) Ponahawai Street, South Hilo, Hawaii Tax Map Key: (3) 2-3-037: 017 (1.298Acres) • The proposed development would be consistent with the objectives of the CZM program. Specifically: o There would be no impact to the area's recreational resources. This is not a shoreline property; o Because of its historical agricultural use, the project site should not have any remaining historical resources. Any inadvertent find during the course of construction can be appropriately mitigated; o The project will not affect any scenic and open space resources; o The coastal ecosystem will not be impacted;\there will be more employment opportunities, and hence furthering the economic uses of the site; o The sites is more than a mile from the shoreline, and thus there would be no coastal hazard or beach erosion or marine resource impacts; and o Public participation will be achieved through the hearings on this request. • The proposed development is consistent with the County General Plan and other appropriate regulatory tools, such as the Zoning Code. 19 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: March 28, 2007 TO: Christopher J. Yuen, Planning Director FROM: ~ Dep ment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000063) Applicant: Guy Miller Request: A-1 a to RM-4 Tax Map Key: 2-3-37: 017 We have reviewed the subject application forwarded by your memo dated February 28, 2007 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. A portion of the subject parcel is located within Flood Zone A as designated on the Flood Insurance Rate Map by the Federal Emergency Management Agency (FEMA). Flood Zone A is the Special Flood Hazard Area inundated by the 100-yearflood where no base flood elevations are determined. The flood zone is further defined by a drainage easement. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Ponahawai Street is a County right-of-way that is classified as a secondary arterial of 60 feet width. Access to the subject parcel is limited through Rd. & Util. Esmt. "RU-5" (no vehicular access planting screen easement beyond) and shall conform to Chapter 22, County Streets, of the Hawaii County Code. Based on the intended zoning, we recommend the applicant provide improvements to the property's entire frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes of the Engineering Division at ext. 83~?rt~I.r uu A County of Hawaii is an Equal Opportunity Provider and Employer 19 19 r~ ~ DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII ,11> a~~07 MaM~1~+e 345 KEKGANAO'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 FAX (808) 961-8657 March 29, 2007 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000063) APPLICANT -GUY MILLER REQUEST: A-lA TO RM-4 TAX MAP KEY 2-3-037:017 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 6-inch or 8-inch waterline within Ponahawai Street fronting the subject parcel. The subject parcel currently has a 1-inch service lateral installed to it capable of accommodating one 5/8-inch meter, or one unit of water, which is limited to a maximum of 600 gallons per day and suitable for only one single-family dwelling. The applicant's engineer has indicated that the development would need approximately 6,000 gallons per day (GPD). The Department would need the engineer to clarify whether the 6,000 GPD is based on average or maximum daily water usage conditions and provide breakdown of the water usage including all irrigation/landscapinguse. Upon receipt of the water usage calculations, the Department will make a determination as to the water commitment deposit amount, applicable facilities charges due (subject to change), and other conditions for final approval. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Since ours, Milton .Pavao, P.E. 1 Mana r FM:dfg copy - Mr. Guy Miller ~ 2 6 8 ` ~ HIBIT Ross Engineering, Inc. ~ / UUater dr~~~~ rroc~re66... The Department of Water Supply is an Equal Oppodunity provider and employee To file a complaint of discrimination, write: USDA, Director, Otfice of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) SV ac /r Harry Kim ~ Lawrenee K. Mahuna Mayor Police Chief : e: r, ~'r, Harry S. Kubojiri ~ ~ - ~ ~ •qrF OV'M~~ lkpury Police Chief - ~ 'County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3996 (808)935-3311 • Fax (808)961-8869 March 14, 2007 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM SAMUEL IOMAS, MAJOR, AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000063) APPLICANT: GUY MILLER; REQUEST: A-1a to RM-4 TAX MAP KEY: 2-3-37: 17 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. KV:IIi EXHIBIT P 11~~aa "Hawai'i County is an Equal Opportunity Provider and Employer" V~G~•~!~ rP'sf- .s Harry Kim Darryl J. Oliveira n y~r~ ~i.~rne f-. n, ''1 i Fire Chief t U'xf P Glen P.I. Honda ' t O1 Deputy Fire Chief ~DUTCtp Df ~~YU~i`[ HAWAII FIRE DEPARTMENT 25 Aupuui Street • Suite 103 • lT;lo, Hawaii 96720 (808) 981-8394• Faa (808)981-2037 March 13, 2007 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000063) APPLICANT: GUY MILLER REQUEST: A-lato RM-4 TAX MAP KEY: 2-3-37:17 In regazds to the above-mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "sea 1OZ07. (a) General Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire appazatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings 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 sixnilaz conditions, the chief may require additional fire protection as specified in Section 10.301 (b). EXHIBIT 26 410 ~"~t°e`=' ~ A ~o'~ Hawaii County is an Equal Opportunity Provider and Employer. Christopher J. Yuen March 13, 2007 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 appazatus 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. ' "For high-piled combustble 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 apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs aze installed and maintained indicating the established vertical clearance. "(e) Permissble Modifications. Vertical cleazances or widths required by this section maybe increased when, in the opinion of the chief, vertical cleazances or widths are not adequate to provide fire apparatus access. Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire appazatus and shall be provided with a surface so as to provide all- weather driving capab>7ities." (20 tons) "(g) Turnu?g Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire 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 cazry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) r Christopher J. Yuen March 13, 2007 Page 3 "(k) Obstruction The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minirrn,m required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire appazatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire _ protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire departrnent appazatus by roadways meeting the requirements of Section 10.207. D OLIVEIRA Fire Chief PBE:Ipc NAY OF • ~l . +rttsw . r _ ~ F , ii~`J HarryKitt~'•- ~ Barbara Bell Mayar Diredar ~ - 1 Sr9rF OF XP~' Nelsoa Ho - ~ - - - ~ ~ ~ .i Deputy Olrecfar Cnuixixf~ ixf ~tzfuttii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street' Room 210 • Hil¢, Hawaa 96720-0252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : March 1, 2007 To CHRISTOPHER YUEN, Pla D' ector From: BARBARA BELL, Director„ Subject: Change of Zone Application (REZ 07-000063) Applicant: Guy Miller Request: A-1 a to RM-4 TMK: 2-3-37:17 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: jTI1?, WASTEWATER COMMENTS: ( ) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii Countly~Code. (X) Other: !t~}t(Gh ~L°i' ~z,~ (~3~~~~01 ` 1,,,~ ~ , ~ ~ o'(~ TECHNICAL SERVICES COMMENTS: y;`~~~~ ~ `I~~ 1v V`'wy SOLID WASTE COMMENTS: ( ) No comments ( yam" i) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( ,L) 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. ('p) Construction and demolition waste is prohibited at all County Transfer Stations. (yp) Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( )Other: e°: SWD, TSS, wwn 9259 EXHIBIT +s3; Hawaii County is an equal oppor(unity pravrder ¢nd employer. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT WASTEWATER DIVISION COUNTY OF HAWAII - 108 RAILROAD AVENUE - HILO, HI 96720-4252 - H0.0 (808) 961-8338 FAX (808) 961-8644 ~Y Memorandum Date: March 8, 2007 To: Chris Yuen Planning Department From: Nelson Ho, Deputy Director Subject: Additional Wastewater Information relatine to: _ Change of Zone Application (REZ 07-000063) Applicant: Guy Miller Request: A-la to RM-4 TMK: 2-3-037:017 The subject property is not accessible to the County sewer system therefore, according to HCC Section 21-5 and 23-85, this pazcel is not required to connect to the sewer system or provide a sewer extension to connect. In the long term, it would be in the County's best interest to have the pazcels along Ponahawai Street connect to the sewer system. However, it would take an engineering sewer study to calculate the sewer capacity for all parcels along Ponahawai Street above Kapiolani Street. The sewer study would also take into consideration the future development above Komohana Street. Replacement of the existing sewer lines would be needed to accommodate development. Should you have any questions, please call me at 808-961-8083. Hawaii County is an equal opportunity provider and employer. \\Coh0lknvmngt\Wastewater\Wastewater Sewer Extension & Projects\Sewer Extensions & Projects\TMK 2-3-037 ponahawaii extension\070308 recletter 2-3-037-Ol Ldoc ? • SY Of ?°"~!!k~ Barbara Bell ~'li~ L,~.•i "'4 Director Harry I{iro ' Mayor Michael Dworsky P.E. So]id Wasle Division Chief l~ O~'Nr~ County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawari 967204252 (BOS) 961-8083 • Fax (BO8) 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 recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT The consultant's report will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Greenwastes will be included 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 policies of the Department of Environmental Management, Solid Waste Division. 3. Since the Department of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. 7. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report; besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or civil engineer will draft and certify the solid waste management plan. CONCUR: Barbara Bell DIRECTOR 10/13/03 Revised 06/06/06 Hawaii County is an Equal Opportunity Provider and Employer. ~JMtY OF yw'' l I E3a¢y im _ ~ Edwin S. Taira 'U. nlav~ Housing Administrnlar ~r.;.~.: 1t~ pf •N~,it ' ~Countp of ~abuaii OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawaii 96720-2484 VlFT (808) 961-8379 • FAX (808) 9648fi86 March 2, 2007 MEMORANDUM T0: Chris Yuen, Director Planning Department i FROM: Edwin S. Taira Housing Administrator SUBJECT: Change of Zone Application (REZ 07-000063) Applicant: Guy Miller Request: A-la to RM-4 Tax Map Key: 2-3-037:017 Affordable housing conditions, pursuant to Hawaii County Code, Chapter 11, Housing, are applicable to the request. Thank you for the opportunity to comment. 1234pasz EXHIBIT r = ~ ~ EQUAL HOUSING OPPORTUNITY "HAWAI'1 COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER" • o 0 PS 9 ` M' Y LINDA LINGLE CHIVOME LEINAALA FUKINO, M.D. GOVERNOR ~ ~ ?1 $ DIRECTOR OF HEALTH b~.~.~ ' - - ' ~ i STATE OF HAWAII " ' ~ DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: March 19, 2007 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Newton Inouye t~ Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 07-000063) Applicant: Guy Miller Request: A-la to RM-4 TMK: 2-3-37:17 We recommend that you review all of the Standard Comments on our website: wwwstate.hi/health/environmental/env-plaruiine/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on March 1, 2007. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters... The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. EXHIBIT 2 ~ ~ ~ 2 s Planning Director, County of Hawaii March 19, 2007 Page 2 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the ~ National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at: http://www.hawaii. gov/health/enviromnental/water/cleanwater/form s/i ndiv-index.html. 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 forms maybe picked up at our office or downloaded from our website at: http://www.hawaii. eov/health/enviromnental/water/cleanwater/forms/g 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 different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] l r Planning Director, County of Hawaii March 19, 2007 Page 3 iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 3. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow Y Planning Director, County of Hawaii March 19, 2007 Page 4 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. 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. 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. Only 5 septic systems are allowed on this property (10,000 sq. feet per septic system). Each septic system can serve two units with a total of 5 bedrooms. This area has soil with volcanic ash, which means the percolation is much greater than those in fractured lava. Higher percolation will result in larger drain field area. The engineer must take this into consideration in siting the location of the 4 septic systems. W ORD:REZ-07-000063.at OF (Ea M4N, YEC6R T. YOUNG LPlDA LINGLE ' Ruarexusx • ti r ° % - eonan of i.wonxu...n~anr xtsnexeea GOVERNOROF FIAWgII ~ [ANN¢awN Ox n'nna aFMt~aR+~hvw[nre~i 1 `~07 7 ('r 0.0BW~RTKMhSUDA I ~ I i'IY p1REROx AQLPM RFYAMCYS eonto+o.vlo aeon acaui ox 'A 7 'i'. - - eeeF,w aFroxvar..xcFs `w-a^dN ~ ~..,~T ~'Q~RpIP°` - mNNUSwri on canna eesa as NZUnocNwi rowexvnnorv ,Nm mnsru. uxw . wool ahym~ a.jv-,.a~ r i.i,` ,.-~'i 4Ja.i~ - coxseavnm+.wnre~.assuFOacwexr A m exov+eeax+o Fur srev.v ow~wuFe g$ ~ STATE OF HAWAII uxwuwiFwou oaEiEnvim+NSSSax DEPARTMENT OF LAND AND NATURAL RESOURCES ~*n,E:~aa.F LAND DIVISION srak~~ar POST OFFICE BOX 621 HONOLULU, HAWAII 96809 - March 2, 2007 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Norman Hayashi Gentlemen: Subject: Guy Miller Change of Zone Application, Hilo, Hawaii, Tax Map Key: (3) 2- 3-37:17 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources has no comment to offer on the subject matter. Should you have any questions, please feel free to call our office at 587-0433. Thank you. Since Russell Y. Tsuji , , Administrator Cc: Central Files ~XI~IBIT ~~o~ ~ _ RPitW10REZ.doc • M18/07 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION GUY MILLER CHANGE OF ZONE APPLICATION (REZ 07-0000631 Upon careful review of the request, the Planning Director recommends that a favorable recommendation of the request for a Change of Zone be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from A-la to RM-4 to develop two apartment buildings. Each building will contain four dwelling units, including two 2- bedroom and two 3-bedroom apartments for a total of eight dwelling units. Each unit will have one parking stall under roof in a garage and one parking stall outside in the parking area. In addition, four guest stalls will be provided for the complex as a whole. Landscaping is also proposed. The property has been grubbed but vacant of all structures. Easement "RU-5", an area of approximately .017 acres for road and utility purposes recorded as Document No. 2001-073886 dated May 17, 2001, is located on the northwestern portion of the property. A No Vehicular Access 10-foot wide Planting Screen Easement (Document No. 2001- 073886 dated May 17, 2001) is also identified along Ponahawai Street fronting the property. A drainage easement ("D-4") also traverses the southern portion of the site. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a wmprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The change of zone request from an A-la to a RM-4 zoned district conforms to applicable goals, policies and standards of Land Use and Economic Elements of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the Land Use -Multiple Residential element of the General Plan which state, "appropriately zoned lands shall be allocated as the need for multiple residential development increases." 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 azeas within the County. The project azea is designated Medium Density Urban. Such designation may allow neighborhood commercial, residential and related uses. The project site is located within close proximity to other commercial areas, employment centers and public safety services. Surrounding lands are in a mix of mostly commercial and agricultural uses. Lands adjacent to the project site aze vacant and zoned A-la. The Ka Waena Lapaau medical office complex is located at the northern corner of the Ponahawai Street - Komohana Street intersection. The Matsuno Enterprises property, which was rezoned from A-1 a to CN-20, is located east (makai) of the subject property. The Church of Jesus Christ of Latter Day Saints, allowed by Use Permit No. 199 granted in April of 2004, is located on the north side of Ponahawai Street. An orchid nursery is also located in close proximity to the site. Homelani Cemetery is located along the north side of Ponahawai Street, makai of the project site. According to the Department of Public Works, the southern half of the project azea is located in Zone "A", a Special Flood Hazard Area inundated by the100-year flood where no base flood elevations are determined. A condition will be included prohibiting the construction of any new structures within the designated flood zone. The project site -2- has been previously grubbed. Thus, the presence of any known rare, threatened, or endangered species or endangered floral and fauna species is unlikely. Likewise, the existence of archaeological sites within the property is remote. By letter dated February 16, 2007 the applicant requested a determination of "no effect" from the State DLNR- HPD. The DLNR-HPD has not responded as of this writing. Access is from Ponahawai Street, a County roadway with aright-of--way width of 60 feet. The Department of Public Works states that the "access to the subject parcel is limited through Road & Utility Easement "RU-5" (no vehiculaz access planting screen easement beyond) and shall conform to Chapter 22, County Streets, of the Hawaii County Code." A condition will be included to require the applicant to shaze the access point with the adjoining pazcel (TMK: 2-3-37: 18) mauka of the property. The Department of Public Works (DPW) has recommended that the applicant provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the approval of the DPW. The applicant is amenable to providing curb, gutter, and sidewalk improvements fronting the site. All essential infrastructure to support the proposed development is or can be made available to the site. Electrical and telephone services aze available to the property. Police and fire services are located less than one mile from the site. According to the Department of Water Supply, "water is available from an existing 6- inch or 8-inch waterline within Ponahawai Street fronting the subject parcel. The subject pazcel currently has a 1-inch service lateral installed to it capable of accommodating one 5/8-inch meter, or one unit of water, which is limited to a maximum of 600 gallons per day and suitable for only one single-family dwelling." The applicant will be required to submit water usage calculations. Conditions of approval will be included to address the Department of Water Supply's requirements. The property is currently not serviced by the County sewer system. The applicant proposes to dispose of wastewater in a septic system meeting the requirements of the Department of Health. The Department of Environmental Management's Wastewater Division states, "the subject property is not accessible to the County sewer system; -3- therefore, according to HCC Section 21-5 and 23-85, this parcel is not required to connect to the sewer system or provide a sewer extension to connect." The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and therefore will not be impacted by coastal hazazd and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customazy practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the azea, historical survey of documentary records, or botanical study was included in the application. By letter dated February 16, 2007, the applicant requested a determination of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. As of this writing, the DLNR-HPD has not provided any comments. • The valued cultural historical and natural resources found in the rezoning area: According to the applicant, there are no valued cultural, historical and natural resources found in the rezoning area. The property was previously used for sugar cane. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by construction or ground alteration. The property has been recently grubbed. Given the property's urban setting, no known raze, threatened, or endangered species are known to inhabit the pazcel or are expected to be discovered on the site. -4- • Feasible actions to protect native Hawaiian ri ts: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the request to reclassify the property from an Agricultural 1-acre (A-la) to aMultiple-Family Residentia14,000 square foot (RM-4) zoned district would result in an appropriate land use pattern and further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- CPittuIoREZ.doc-4/I S/07 GUY MILLER CHANGE OF ZONE APPLICATION (REZ 07-000063) CONDITIONS OF APPROVAL A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicants shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. C. In accordance with the Department of Water Supply's Standards, the applicant shall connect to the existing 6-inch or 8-inch waterline within Ponahawai Street. D. 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. Plans shall also identify the drainage easement ("D-4"), as well as the portion of the property designated Flood Zone "A" by the Flood Insurance Rate Map (O880C September 16, 1988). 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). E. No structural improvements shall be allowed within the designated drainage easement ("D-2") and areas designated Flood Zone "A" on the Flood Insurance Rate Map (FIRM). F. The applicant shall provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. G. No direct access to the property shall be allowed from Ponahawai Street. Access shall be limited through the Road and Utility Easement (RU-5) and shall conform to Chapter 22, County Streets, of the Hawaii County Code. This access point shall be shazed with the adjoining parcel (TMK: 2-3-37: 18). H. Install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. I. The applicant shall install a septic system meeting with the requirements of the Department of Health, prior to receipt of a Certificate of Occupancy. J. 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 receipt of a Certificate of Occupancy. K. 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. L. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. M. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. N. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval for any new residential structures, or before issuance of building permits for any single-family residential structures. O. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall became due and payable -2- prior to receipt of Final Plan Approval. The fair share contribution shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair 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 (HCPI). The fair shaze 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 fair share contribution per multiple family residential unit (single family residential unit) 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 lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. P. Should the Council adopt an Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -3- Q. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. R. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not haue been foreseen or are beyond the control of the applicants, successors or assigns, and that aze not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one yeaz maybe extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -a- YY Oi COUNTY OF HAWAII STATE OF HAWAII e.J' •••R~Of MAY' BILL NO. ORDINANCE NO. ,'q~~,"~ AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 1-ACRE (A-la) TO MULTIPLE FAMILY RESIDENTIAL-4,000 SQUARE FEET (RM-4) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-037:017. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ponahawai, South Hilo, Hawaii, shall be Multiple Family Residential - 4,000 squaze feet (RM-4): Beginning at a point at the northwest corner of this parcel of land being also the northeast corner of Lot 11 and on the southeasterly side of Ponahawai Street the coordinates of said point of beginning referred to Govenunent Survey Triangulation Station "HALAP' being 1,065.52 feet south and 271.79 feet east and running by azimuths measured clockwise from true South: Thence along the southeasterly side of Ponahawai Street along a curve to the left having a radius of 1,030.00 feet, the chord azimuth and distance being: 1. 246° OS' 104.82 feet; 2. 333° 10' 445.00 feet along Lot 9; 3. 66° OS' 150.11 feet along Lot 12; -1- 4. 159° 00' 445.00 feet along Lot 11 to the point of beginning and containing an area of 1.298 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. hi 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 welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. Tn the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 2 5-TS -7 RS-)S ~ RS•75 RS'7 g t a oPEN v ~ ~ 6 a~ hfa RS- . Y ~l S 5 Q ~,O 9 CN-TO C f0 A-fa ~ 1,065.52 S 271.79 E PROJECT CN-P "HALAL DISTRICT A-fa 5 .5 fa a- a A S PROJECT DSTRICT R .S AGRICULTURAL 7- RE (A-7a) Rs s s-. TO MULTIPLE-F ILY R,y.4 RESIDENTIAL 4 000 SQ sTs 1298 ACRES RS- . t f L Al PROJECT DISTRICT 5 W E ~ T ~ 0 $ ~ RS•T5 Mfa 1 575 287.5 0 575 1.150 1,725. ....2300 2875eet AMENDMENT TO THE ZONING COFFDE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 1-ACRE (A-1 a) TO MULTIPLE-FAMILY RESIDENTIAL 4,000 SQ. FT. (RM-4) AT PONAHAWAI, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 23037:017 Date: March 1,2007 EXHIBIT "A" (Guy Millert 227)