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Home My WebLink AboutCOM 0456.000 2006-2008 ~iY Os y~ Harry Kim ~ . Dixie Kaetsu Mnyor Managing Director Barbara Kossow • R'w'Nr•+ Depury Managing Director County of Hawaii 25 Aupuni Street. Room 215 Hilo, Hawai `i 96720-4252 • (808) 961521 I • Fax (808) 961 b553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 May 21, 2007 n_., c ..e --.3 Honorable Pete Hoffmann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 _ J Dear Chairman Hoffmann and Members: .(Change of Zone Application (REZ 07-000061) Applicant: Justin Pittullo and Nancy Hamada Request: A-1 a to CN-20 Tax Map Key: 2-3-37:11 Change of Zone Application (REZ 07-000063) Applicant: Guy Miller Request: A-la to RM-4 Tax Map 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 enclosures regarding the above-referenced requests. rely, Harry /K\{~tniAmyn/,(,0,~,(' rJ Mayor Enclosures cc: Planning Department 'C a ~ 1 l ~ , Comm. No. ~j__ ~4 Ref. To: ~G Ref. Date MAY 3 0 200 YY O•~ l ' '.4 I e•~r County of Hawaii PLANNING COMMISSION Aupuni Cen[er • 101 Pauahi Stree[, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 May 21, 2007 Pete Hoffmann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2"d Floor Hilo, HI 96720 Dear Chairman Hoffrnann and Council Members: Change of Zone Application (REZ 07-000061) Applicant: Justin Pittullo and Nancy Hamada Request: A-la to CN-20 Tax Map Key: 2-3-37:11 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-1 a) to a Neighborhood Commercial - 20,000 square feet (CN-20) zoned district for approximately 1.022 acres of land. The property is located on the south side of Ponahawai Street approximately 950 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 applicants are requesting a change of zone from A-1 a to CN-20 to allow for a development of medical, office and related uses allowed in the CN-zoned district. The existing structure will be used to accommodate the medical office space and meet the growing demand for commercial uses along Ponahawai Street. The applicants intend to make building renovations and site improvements to begin operations within two months of approval of the request. The property is improved with a partially constructed approximately 5,800 -square foot two-story single-family dwelling. Easement "RU-1", an area of approximately .017 acres for road and utility purposes recorded as Document Hawaii County is an Equal Opportunity Provider and Employer Pete Hoffmann, Chairman and Members of the County Council Page 2 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. In order to consider an area for any type of zoning designation, the applicable. goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must 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 CN-20 zoned district conforms to applicable goals, policies and standards of Land Use (Commercial) and Economic Elements of the General Plan. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested change of zone to a CN-20 district conforms to the LUPAG Map, which designates the property and its immediately surrounding azea as Medium Density Urban. Such designation may allow neighborhood commercial uses, including office and retail uses. The request would also complement a policy of the General Plan in which "Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems....." 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-1 a. 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-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. Pete Hoffinann, Chairman and Members of the County Council Page 3 The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The majority of the project area is located in Zone "X," areas determined to be outside of the 500-year flood plain. There is a very small area at the southwestern portion of the property in Zone "A". The project site has been cleared for the development of the single-family dwelling. 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 January 30, 2007, the applicants 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, which has aright-of--way width of 60 feet with a 24-foot wide pavement and 4-foot wide grassed shoulders. The Department of Public Works states that the "subject parcel is limited through Road & Utility Easement `RU-1' (no vehicular access planting screen easement beyond) and shall conform to Chapter 22, County Streets, of the Hawaii County Code." The applicants are amenable to providing curb, gutter, and sidewalk improvements fronting the property along Ponahawai Street. The Department of Public Works (DPW) has recommended that the applicants 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. 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 are available less than one mile from the site. County water is available from an existing 8-inch or 6-inch waterline fronting the property along Ponahawai Street. According to the Department of Water Supply, "the existing waterlines fronting the parcel are inadequate to provide 2,000 gallons per minute GPM) of fire flow required per the Department of Water Supply's standazds. In order to achieve the required 2,000 GPM fire flow, the applicant would need to extend a second 8-inch waterline along Ponahawai Street, from an existing 12-inch waterline within Komohana Street (approximately 400 feet) and connect to the existing 8-inch and 6-inch waterlines within Ponahawai Street." The proposed request would also require the installation of a reduced pressure type backflow prevention assembly within five feet of the existing meter. 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 applicants propose to dispose of wastewater by a septic system meeting the requirements of the Department of Health. Pete Hoffinann, Chairman and Members of the County Council Page 4 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 applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, the request to reclassify the property from an Agricultural 1-acre (A-la) to aNeighborhood Commercia120,000 square foot (CN-20) 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, Wi ~am Graham, Chairman Planning Commission Lpittullo02PC Enclosures cc: Steven S. C. Lim, Esq. Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel ~rl Y BPittuIoREZ3/8/07 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JUSTIN PITTI7LL0 AND NANCY HAMADA CHANGE OF ZONE APPLICATION fREZ 07-0000611 JUSTIN PTTTULLO AND NANCY HAMADA have submitted an application for a Change of Zone from Agricultural 1-acre (A-la) to Neighborhood Commercia120,000 square feet (CN-20) for approximately 1.022 acres of land. The property is located on the south side of Ponahawai Street approximately 950 feet east of the Komohana Street/Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii, TMK: 2-3-37: 11. PROPOSED DEVELOPMENT 1. Request: Change of zone from A-la to CN-20 to allow for a development of medical, office and related uses allowed in the CN-zoned district. The applicants intend to use the existing structure to accommodate the medical office space and meet the growing demand for commercial uses along Ponahawai Street. (Exhibit 1-Change of Zone application) 2. Project Timetable: The applicants intend to make building renovations and site improvements and begin operations within two months of approval of the request. 3. Landowners: Jason Pittullo and Nancy Hamada. GENERAL INFORMATION 4. CN Zoaing: • Height limit - 40 feet • Minimum building site area ~ 7,500 square feet • Setback -front and rear 15 feet; side yards none, except where the adjoining building site is in a RS, RD, RM, RCX or V district. Where the side yard adjoins the side yard of a building site in these districts, the side yard must conform to the side yard requirements for dwelling use of the adjoining district. STATE AND COUNTY PLANS 5. SLU Designation: Urban. 6. GP LUPAG Map: Medium Density Urban, which may allow village and neighborhood -1- ATTACH: Gortm. 456 Bill 110 J commercial and residential and related uses. 7. County Zoning: Agricultural 1-acre (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 emire 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. DESCRII'TION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The property is rectangular in shape and improved with a partially constructed approximately 5,800-square foot two-story single-family dwelling. Easement "RU-1", 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. 12. Surrounding Land Uses/Zoning: Surrounding lands are in a mix of 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, 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. 13. U.S.D.A. Soil Type: HOC, Hilo silty clay loam, 0 to 10 percent slopes. The surface layer is dark 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-size aggregates. -2- 14. ALISH: Unclassified. 15. Land Study Bureau's Productivity Rating: Unclassified. 16. FIRM: The majority of the project azea is located in Zone "X", an azea outside of the 500-year flood azea. There is a very small area at the southwestern portion of the property in Zone "A". 17. Flora/Fauna: No professional floral or faunal survey was prepazed, as the property is improved. No known rare, threatened, or endangered species are known to inhabit the pazcel or are expected to be discovered on the site. According to the applicants, species found in the project area include the Japanese white-eye, yellow-billed cardinal, zebra dove, common myna, house sparrow, and house finch. Plant species around the project azea include mostly alien species including Bermuda grass, spiny pigweed, beggaz's tick, goose grass, sow thistle, finger grass and crab grass. None are considered raze, threatened or endangered. 18. ArchaeologicaUCulturaUHistorical Resources: No azchaeological inventory survey was prepazed, as the property is improved. 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 January 30, 2007, the applicants requested a determination of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. The applicants state that "since the property is fully developed with the existing single-family residence, there aze no observable traditional and customary native Hawauan practices being exercised on the property." 19. RecreationaUVisual 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. -3- UTILITIES AND SERVICES 21. Access: Access is from Ponahawai Street, which has aright-of--way width of 60 feet with a 24-foot wide pavement and 4-foot wide grassed shoulders. The Department of Public Works states that the "subject pazcel is limited through Road & Utility Easement `RU-1' (no vehiculaz access planting screen easement beyond) and shall conform to Chapter 22, County Streets, of the Hawaii County Code." The applicants are amenable to providing curb, gutter, and sidewalk improvements fronting the property along Ponahawai Street. 22. Water: County water is available from an existing 8-inch or 6-inch waterline fronting the property along Ponahawai Street. According to the Department of Water Supply, "the existing waterlines fronting the parcel aze inadequate to provide 2,000 gallons per minute GPM) of fire flow required per the Department of Water Supply's standazds. In order to achieve the required 2,000 GPM fire flow, the applicant would need to extend a second 8- inchwaterline along Ponahawai Street, from an existing 12-inch waterline within Komohana Street (approximately 400 feet) and connect to the existing 8-inch and 6-inch waterlines within Ponahawai Street." The proposed request would also require the installation of a reduced pressure type backflow prevention assembly within five feet of the existing meter. 23. Wastewater: The applicants propose to dispose of wastewater by 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 aze available to the site. AGENCIES' COMMENTS 26. Department of Public Works: Exhibit 2 -March 2,2007 memo 27. Department of Water Supply: Exhibit 3 -February 28, 2007 memo 28. Department of Environmental Management: Exhibit 4 -February 6, 2007 memo 29. Police Department: Exhibit 5 -February 15, 2007 memo 30. Fire Department: Exhibit 6 -February 22, 2007 memo 31. Department of Health: Exhibit 7 -February 16, 2007 memo 32. DLNR Land Division: Exhibit 8 -February 7, 2007 memo -4- AGENCIES - NO RESPONSE 33. DLNR Historic Preservation Division PUBLIC COMMENTS 34. None as of this writing. -5- .G,. ri - County EnvironmentaCR.eport Change of Zone .~lppCication .applicant: Justin Pittullo and Nancy 3-Camada `I'~bl~C (3) 2-3-037:011 Portion of Punahoa 1st andPonahawai South 3-filo, 3fa~?vaii January ZOO? EXHIBIT CG~ange of Zone .Application ,Form CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) ` yam,.. APPLICANT: Justin Pittullo APPLICANT'S SIGNATURE; ~ - DATE:+' : : ADDRESS: c/o Steve S.C. Lim: Carlsmith Ball LLP 121 Waianuenue Avenue. Hilo. Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 935-6644 (Res.) (Fax) LANDOWNER(S): Just Pittullo and Nan Hamada LANDOWNER SIGNATURE(S): DATE: G rI~S'/~~" (May be by letter) LANDOWNER(S) ADDRESS: do 121` aianuenue Avenue. Hilo. Hawaii 96720 REQUEST: A-la TO CN-20 (Existing zoning) (Proposed Zoning) TAX MAP KEY:____(3)2-3-037:011 STREET ADDRESS OF PROPERTY: 605 Ponahawai Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.022 acres AGENT: Steven S.C. Lim ADDRESS: 121 Waianuenue Avenue Hilo Hawaii 96720 TELEPHONE:(Bus.) 934-6644 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Steven S.C. Lim COPIES: (See Instn~ctions on Reverse Side) THIS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING: 1. A filing fee of five hundred dollars ($500) plus twenty-five dollars ($25) per lot or unit proposed by the amendment. (Checks shall be made payable to the County Director of Finance) 2. An original and twenty (20) copies of this completed application and the appropriate Departmental Zoning Questionnaire. 3. An original and twenty (20) copies of a Background and County Environmental Report to include information as listed on the attached form. Note: A County Environmental Report shall not be required for an application where an Environmental Impact Statement or Environmental Assessment has been completed and filed with the Office of Environmental Quality Control in compliance with HRS, Chapter 343, Environmental Impact Statements. 4. An original and twenty (20) copies of a location map. 5. An original and twenty (20) copies of a scale-drawn plot plan of the property showing property lines and measurements; all existing and proposed structures, uses and improvements; proposed subdivision; and reference points such as roadways, shoreline, etc. 6. One copy of a full-size (2' x 3') scale-drawn plot plan of Item 5 for presentation purposes. 7. A legal description of the property in map and written form by metes and bounds as certified by a surveyor shall be submitted with this application. This application shall not be considered complete unless the metes and bounds description in map and written form have been received. 8. A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. 9. A certificate of clearance from the Director of Finance that the real property taxes and all other fees relating to the subject parcel(s) have been paid; and there are no outstanding delinquencies. 10. One of the following regarding archaeological resources: 1. An archaeological inventory report containing significance assessments, effect determinations, and proposed mitigation commitments. The report should be completed pursuant to State Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD) rules. 2. A "no effect" letter from the Slate DLNR Historic Preservation Division. 3. A copy of a letter written by the applicant to the State DLNR Historic Preservation Division requesting a "no effect" letter, including supporting documentation, to which SHPD has not responded after 30 days (SHPD's time limit under their rules). 11. Any other plans or additional information relevant [o this application may be requested by the Planning Director to facilitate processing of this request. 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 land in accordance with the approved change of zone? No If yes, please answer the rest of question I and then to question 3. a• How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No c. Sell or lease the land to someone who has no plans? No a. Keep it? Yes e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. The property is intended to be used as a medical office space 9. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. This Change of Zone request is consistent with the land use pattern in the area and adjacent properties. -2- 5• Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? Vec If so, please elaborate on your findings in the space provided below. The required County environmental report has been prepared for the subject application. Please see the attached report for the discussion on environmental impacts. 6. Are there any buildings on the subject area? Y~~ If so, what kind? A single family residence What do you intend to do with those buildings if your request is approved? Use it as medical office space. Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 8• To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area No needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? yes aw a. Schools x b, Roads x c. Sewer x x d. Drainage x e. Police Protection x f. Fire Protection x g. Recreational Facilities h. Recreational Facilities x i. -9- For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No study has been done. The prior use of the property and single-family residence makes it highly unlikely that any archaeological resource are present on the property. Signature: see suthorization letter Address: Telephone: Date: -5- 6338A/SOA P. D. 5/84 Plot Plan of Property 100' c ~ ~ z Q`e ~ a H I. ~y ~~Q- W E Z~ m O H ~ p N ~ O N' ~ ~ N O4 r~ \ ' m a. m w yo _ oz> i H 'rl U H ,~.a' P K H H ° ~ 3 O - ~ I It ~.,cNi'a'., x-- amN~A ~ ~ ~ II ~ u.~ H p p Q ~ __~I ~ ~ ~ [ H ry .-I a ti 'I ~ Qu. ~ w . ~j~j W Fj N N O O ai H.. of-laaz Qu ~~``o~Q~ I~ II I W ~a > 3 IU-I a e"~ ly` I E°~a u zo In hoc I I ~rny ~~rn H O I I ~ f1) H~ a °a ~ a I I I H I I H[a~, v I ~ i ~ W oxu .a o I I ~ o"~ y w I G~ N O U ~ I ,q y ~ P. N I I ~ a ro m ~ I I wo~~~ a,ro 0 rxm_ q ro qm~ ei'"i^ I I ~ N M N~ ~ q NaJ~o~ut I I a~ U b ~ H 3 h w ~ ~ I QI ~ m •P. u ? Sd~~w I D, O N D ~ ~ amrrii~vi I I A O N b W u~ O W v N 3 m m N Z I H"v"~ ~ I I ch I ,,~^a%Irntb H ~ ~ rA I V i N I f+l 'd ~ p= I .~UU N N O I V1 ,I." ~o~o~Tnp°;N i A H IT tll OI J-I n.N ~O' 1J~•~ P+ ,40'•1 b g~?zawt N U H N A b Gl ~ ro v ZNW~O WO ~ 1~ Gi b 0 'a 4-I f aoo~~~ 6 C. •.i N Rl O yj rc~r w I W O CT N O r, amm3y I N o v W q ~ ~ U q l'~I N 1 U I [Wu u a 3 m al a N~ zN~b+a~i U~A z ~ ~yletes and~Bounds Description 11/07/2008 11:55 FAX 8594077 ~ 009 Ocl 24 O6 02:59p THE INDEPENDENT HAWAII S 808 959-0353 p.2 . LOT4 i OF THE `I{A PALA]VI KULA' SUBDIVISI011 BEING A SUBDIVISION OF PARCEL 1, PORTIONS OF GRANT 252 TO B. PITMAN. Land situated at Ponabawai, South Pli1o, Island of Hawaii, Hawaii Beginning at the most westerly comer of this parcel of land, also being the most northerly comer of Lot 5 of the `Ka Palani Kula' Subdivision, and a point on the southeast right-of-way of Ponahawai Street, the coordinates of said point of beginning referred to Govemmerrt Survey Triangulation Station "HAI,AP' being 817.59 feet South and 664.56 feet East and thence running by a~muths measured clockwise from true South: 1. 232° 30' OD" 100.00 feet along the southeastright-of-way of Ponahawai Street; 2, 322° 30' 00" 445,00 feet along the boundary of Lot 2 of this subdivision to the corner eommoa to Lots 2, 3, 4 and 6; 3. SZ° 30' 00°' 100,00 feet along the boundary of Lot 6; 4. 142° 30' 00" 445.00 feet along the boundary of Lot 5 to the point of beginning, containing an area of 1.022 acres, more or less. Prepared from recorded documents- ~y ~,FtRISrE,~ 2 / ucErisea ~y ~no~~s<owv_ sunv~oa * Niels Christensen * Licensed Professional Laad Surveyor 9077 We, io'n y ~ The Independent Hawaii Surveyors q~~au. ~S 2043 Y.inoole Street Hilo, Hawaii 46720 Fage 1 of 1 Dated: October 18, 2006 dob# 7413 11/07/2008 11:54 FA% 9594077 f~j004 Ort 24 O6 02:69p THE INDEPENDENT HAWAII S 808 959-0353 p.3 . MAP OF LOT 4 ~ "KA PALANI KULA" SUBDIVISION P'~ PORTION OF R. P. GRANT 252 TO B. PITMAN PONAHAWAI, SOUTH HILO poi e~ ~ HAWAII, HAWAII TMK: (3) 2-3-37. 11 ~ `e~~' a~2'd c mo"1OiT lu~it" o' SO' 100' 150' ~~ao,~ AWEB I ~ ~ ~ FEET ~ ts17.59' S 66n,56' E REF. ~ "H ALAI" r~- ~O T ' \ ~ T'`b_ 4~, yQ~ PG~~S ry`L ,o ~ ~ c ~ s ~ 4a. II v a ^ fY IJ vI''i OtYNERS; JUSTIN PIITIII»l.0 AND ~c3_ NANCY HAMADD p_O. BOX 627 PAHOA, NI 96779 ZONE; A-tA ~ pH R!S TE,,, ' ucews~ ~Z z~rg0 UNF3~M?L `0000 ~wvevoa Oq. pn ~ 2.yC DO 6 wAl1, 9 3 V0~ Thin work r+r1.^. prepafed by me e/r ~undcr m/yn/dtred -uparNalon /~V~~ Niels Christensen ~ Licer.ced Pro fesalenel fond Surveyor , I.icenae Nl1m ~Cr 9077 M N HILL N Tt1B TIiAC'r ~yp Iadepea?derat /~Y Hawaii SI TE S urvayors. IS,C v.a. eax an NYO, I'll G6727 YTS Phana 600 a30-930D ,IJ~ FAt1 000 969-030] Oote: October 11. 2006 VICINITY M ° nielaOdeha.ne! Drawing: ~ NOT 70 SC .fist of Surrounding Property Owners LIST OF SURROUNDING PROPERTY OWNERS 300 FEET FROM TMKS :(3) 2-3-37:11 JUSTIN PITTULLO TMK Owner Mailin Address 2-3-036:003 Chalmers K. Hamasaki Trust, etal 251 Kukuau Street Hilo, Hawaii 96720 2-3-036:018 Matsuno Enterprises Ltd., etal 1965 Kamehameha Avenue Hilo, Hawaii 96720 2-3-036:999 Road 2-3-037:008 Myles T. & Norma B. Nishimoto 370 Kukuau Street c/o Myles T. & Norma B. Nishimoto Hilo, Hawaii 96720 2-3-037-009 Guy A. & Sandra S. Nakao 148 Hokupaa Street Hilo, Hawaii 96720 2-3-037:010 Malulani Inc. P.O. Box 135 Kealakekua, Hawaii 96750 2-3-037:011 Justin Pittullo, etal P.O. Box 2296 Pahoa, Hawaii 96778 2-3-037:012 Carol M. Davis 36 Kapaka Street Hilo, Hawaii 96720 2-3-037:013 Malulani Inc. P.O. Box 135 Attn: David Basque Kealakekua, Hawaii 96750 2-3-037:014 William Ronald & Glynnis Taeko Dolan 16A Railroad Avenue Hilo, Hawaii 96720 2-3-037:015 Malulani Inc. P.O. Box 135 Kealakekua, Hawaii 96750 2-3-037:016 Kualoa Ranch, Inc. P.O. Box 650 Kaaawa, Hawaii 96730 2-3-037:999 Road 484b9647-8977.1 Real Property max Clearance fetter ~N~r os William Takaba • Harry Klm rR•'~;; Finance Director Mayor ~'4'' ~•f pj •N~Y County of Hawai i DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center • 101 Pauahi St., Ste 4 • Hilo, Hawaii 96720-4224 • Fax (808) 961-8415 Appraisers (808) 961-8354 Clerical (808) 961-8201 Collections (S08) 961-8282 75-5706 KuaAini Highway Suite l12 • Kailua-Kona, Hawaii 96740 • Fax (808) 327-3538 Appraisers (808) 327-3542 Clerical (SOS) 327-3540 www. h awai iorooertvta<.com REAL PROPERTY TAX CLEARANCE (rev. 07/99) December 18, 2006 TMK(s): (3)2-3-037-011-0000 This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid up to and including December 31, 2006. This clearance was requested on behalf of Justin Pittullo and Nancy Hamada and is issued for this/these parcel(s) only. sy Ann Kekahuna -Clerk REAL PROPERTY TAX DIVISION Hawaii County is an Equaf Opportunity Provider and Employer R.ec~uest of "No effect" Letter to State DLNR. 3-Cistoric Preservation Division CARLSMITH BALL LLP A LIMITED LIABILITY LAW P:12TSERSHI2 121 WAIAtiLENUE AVEr'LE P.O. Bux 686 HILO, HAwAU 96721-0686 TELEPHONE 808.935.6614 FAS 808.935.7975 W W 4V.CAI2LSMITH.COM SLIMa~CARLSMITH.COM OUR REFERENCE NO.: 06BSOJ-01 January 30, 2007 Ms. Melanie A. Chinen, Administrator State Historic Preservation Division 601 Kamokila Blvd. #555 Kapolei, Hawaii 96707 Re: Request for 'No Effect" determination for a Change of Zone Application Applicant: Justin Pittullo Tax Ma~Key: (312-3-037:011 Dear Ms. Chinen: On behalf of Justin Pittullo, the ("Applicant") we are requesting a "No Effect" determination letter for the above-mentioned parcel. The Applicant will be submitting a Change of Zone application from Agricultural to Neighborhood Commercial to allow for a medical and business office space. The Property located in Hilo at 605 Ponahawai Street and identified by TMK No. (3) 2-3-037:011, was formally utilized for sugar cane production, graded numerous times and has been developed with asingle-family residence to be completed within the next month or so. Based on our preliminary research, the Property is not listed on the Federal and State Register of Historic Sites, nor is the Property listed in the County of Hawaii General Plan Historical Elements. Since the property is developed and in residential use with an existing single-family residence, there are no observable traditional and customary native Hawaiian practices being exercised on the Property. In addition, no valued cultural, historical or natural resources were found or being practiced on the Property and these rights will not be affected or impaired by the proposed use. HONOLULU KAI'OLEI ~ HILO ~ KONA ~ MAUI GUA)1 ~ SAIPAN ~ LOS ANGELES Ms. Melanie A. Chinen, Administrator Jamiary 30, 2007 Page 2 Based on the foregoing, we believe that a determination of "no historic properties affected" is appropriate for the proposed project. Should you have any questions regarding this matter, please do not hesitate to call our office at 935-6644. Thank you for your assistance in this matter. Respectfully submitted, Steven S. . Li SSL/slkl ca J. Pithdlo 48.19-7669-7089.1.060169-00001 County Environmental Report Application for Change of Zone Portion of Punahoa 1st and Ponahawai, District of South Hilo Island, County and State of Hawaii TMK (3) 2-3-037:011 Prepared for: Justin Pittullo and Nancy Hamada Prepared by: Steven S.C. Lim Carlsmith Ball LLP 121 Waianuenue Avenue Hilo, Hawaii 96720 Telephone 808.935.6644 JANUARY 2007 County Environmental Report Application for Change of Zone Portion of Punahoa 1st and Ponahawai, District of South Hilo Island, County and State of Hawaii TMK (3) 2-3-037:011 Prepared for: Justin Pittullo and Nancy Hamada Prepared by: Steven S.C. Lim Carlsmith Ball LLP 121 Waianuenue Avenue Hilo, Hawaii 96720 Telephone 808.935.6644 JANUARY 2007 TABLE OF CONTENTS Page 1. PROJECT DESCRIPTION 2 1.1 Summary of Request 2 1.2 Ownership ...................................................................................2 1.3 Property location 2 1.4 Surrounding Property and Uses 2 1.5 Project Objectives 3 1.6 Development nmetable 3 2. REGULATORY CONSIDERATIONS 4 2.1 Existing Land Use Designations 4 2.2 Conformance with Land Use Designations 4 2.2.1 State Land Use 4 2.2.2 County General Plan 4 2.2.3 County Zoning 4 2.2.4 Special Management Area 4 2.2.5 Hilo Community Development Plan 4 3. ENVIRONMENTAL CHARACTERISTICS, SETTING, IMPACTS AND MITIGATION MEASURES OF THE PROPOSED ACTIONS 5 3.1 Physical Environment 5 3.1.1 Site Topography 5 3.1.2 Climate 5 3.2 Soils ............................................................................................5 3.3 Flora and Fauna 5 3.4 Natural Hazards 6 3.5 Air and Noise Quality 6 3.6 Water and Coastal Resources 7 3.7 Scenic and Visual Considerations 7 3.8 Cultural, Historic and Archaeological Resources 7 3.8.1 Ka Pa'akai O Ka'aina Issues 8 3.8.2 Historic and Archaeological Sites 8 -i- TABLE OF CONTENTS (continued) Page 4. INFRASTRUCTURE CONSIDERATION 10 4.1 Road and Traffic 10 4.2 Utilities 10 4.3 Water 10 4.4 Solid Waste 10 4.5 Wastewater 10 4.6 Government Services 11 5. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 12 5.1 Relationship Between Local Short-Term Uses of the Environment and the Maintenance and Enhancement of Long-term Productivity 12 5.2 Irreversible and Irretrievable Commitment of Resources 12 5.3 Mitigative Measures 12 5.4 Alternative to the Proposed Project 12 5.4.1 No Action Alternative 13 5.4.2 Alternative Use 13 5.4.3 Evaluation of Alternatives 13 6. REGULATORY ANALYSIS 14 6.1 General Plan LUPAG Map 14 6.2 General Plan Polices 14 7. DISCUSSION AND CONCLUSION 16 7.1 Zoning .......................................................................................16 7.2 Hawaii State Plan 16 7.3 Hawaii Coastal Zone Management Program 17 -ii- TABLE OF CONTENTS (continued) Page EXHIBIT LIST 1. State of Hawaii Bureau of Conveyances Doc No. 2005-247171 2. Regional Context/Project Location Map 3. Tax Map Key Map 4. Site Photographs of Surrounding Uses 5. State Land Use Map 6. General Plan - LUPAG Map 7. County Zoning Map 8. Flood Insurance Rate Map (FIRM) 9. Site Photographs of Property Access -iii- Section s 1. PROJECT DESCRIPTION 1.1 SUMMARY OF REQUEST Justin Pittullo, hereinafter referred to as the "Applicant" is seeking a Change of Zone from Agricultural 1-acre (A-la) to Neighborhood Commercial District (CN-20) to allow for the development of medical and office uses and related uses allowed in the Neighborhood Commercial District hereinafter referred to as the "Project." The Applicant intends to use the existing structure to accommodate the medical office space and meet the growing demand for commercial uses along Ponohawai Street. In addition, the Project would compliment the surrounding medical facility located at Ka Waena Laupa'au which is further discussed in Section 1.4 of this report. 1.2 OWNERSHIP The owners, Justin Pittullo and Nancy Hamada took title of the subject Property as Tenants in Common by Deed dated December 5, 2005, recorded at the Bureau of Conveyances of the State of Hawaii as Document No. 05-247171. A copy of the deed recorded with the Bureau of Conveyances showing ownership has been included as part of this Application and is attached as Exhibit 1. 1.3 PROPERTY LOCATION The Property is located in the South Hilo District in the town of Hilo. The Property is more particularly identified by Tax Map Key No: (3) 2-3- 037:011, and further identified as 605 Ponahawai Street, Hilo. It is a 1.022-acre rectangular-shaped parcel of land located on the south side of Ponohawai Street. A Regional Context/Project Location Map and Tax Map Key of the Property are shown as Exhibits 2 and 3, respectively. 1.4 SURROUNDING PROPERTY AND USES The surrounding land uses in this area are a mixture of low to moderately dense residential, agricultural and commercial uses. Ka Waena Lapa'au (shown in Exhibit 4) a medical facility housing various medical offices and other medical auxiliary offices is located approximately 0.5 miles mauka of the subject Property. The proposed Project is intended to provide services that would compliment the facilities located at Ka Waena Lapa'au. The County of Hawaii Central Fire Station, County of Hawaii Police Department and other various medical practices, businesses, parks and churches are located approximately 0.5 to 1 mile makai of the Property. Adjacent and neighboring properties are currently in different stages of development. 2 Approximately 0.2 miles makai of the subject Property. A Church of Jesus Christ Latter-Day Saints (also shown in Exhibit 4) is currently being completed across Ponahawai Street from the Project. Two cemeteries currently exist on neighboring properties makai of the church project. The adjacent makai property is proposed to accommodate a physical therapy office. The adjacent mauka property is proposed to develop a 24-unit multiple-family residential condominium project. The requested zoning is generally consistent with the evolving mixture of commercial and residential land use patterns in the area. In addition the recently approved University Terrace project is proposed for development mauka of Komomaha Street, and is proposed to include a mixture of residential and commercial uses. 1.5 PROJECT OBJECTIVE The Applicant intends to provide office services and medical office space that would complement the facilities located at Ka Waena Lapa'au. The Project offers the advantage to being adjacent to existing infrastructure and supportive public facilities. The Applicant plans minimal site changes and, to the extent necessary, will enhance the access to conform to the regulations and requirements of the CN-20 zoning. 1.6 DEVELOPMENT TIMETABLE The Applicant intends to use the existing structure located on the Property and the open yard area as part of the Project The Applicant intends to make building renovations and site improvements to the extent necessary and required to begin operations within two (2) months of the approval of this application. 3 Section z t 2. REGULATORY CONSIDERATIONS 2.1 EXISTING LAND USE DESIGNATIONS State Land Use Urban District Hawaii County General Plan Medium Density Urban Hawaii County Zoning Agricultural 1-acre (A-la) Special Management Area Outside SMA area Hilo Community Development Plan RS/RM PUD 2.2 CONFORMANCE WITH LAND USE DESIGNATIONS 2.2.1 State Land Use: The subject property is designated Urban. The proposed change of zone from A-la to Neighborhood Commercial - 20,000 square feet (CN-20) is consistent with the Urban District designation and therefore a State Land Use Boundary Amendment is not needed. A State Land Use Map is attached hereto as Exhibit 5. 2.2.2 County General Plan: The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Medium Density Urban. The Medium Density Urban designation allow for village and neighborhood commercial and single family and multiple family residential and related functions. The proposed change of zone from A- la to CN-20 is consistent with the LUPAG map attached hereto as Exhibit 6. 2.2.3 County Zoning: The County zoning of the requested area is Agricultural (A-la). Assuming the requested Change of Zone to CN-20 is approved, all related land use and development codes such a Plan Approval, parking, landscaping, fire, ADA and the like would be adhered to by the applicant. A County Zoning Map is attached hereto as Exhibit 7. 2.2.4 Special Management Area The site is not located within the County Special Management Area. No SMA Use Permit is required. 2.2.5 Hilo Community Development Pian: The Hilo Community Development Plan (Plan), adopted by the Planning Commission in 1975, designates the area as RS/RM PUD. The Plan serves as a guide for the Kukuau/Mohouli and Upper Ponahawai area and the proposed Change of Zone to CN-20 is consistent with the general intent of the area proposed in the Plan. 4 Section 3 3. ENVIRONMENTAL CHARACTERISTICS, SETTING, IMPACTS AND MITIGATION MEASURES OF THE PROPOSED ACTIONS 3.1 PHYSICAL ENVIRONMENT 3.1.1 Site Topography: The Property is a 1.022 acre rectangular shaped parcel which has an existing structure. The slopes on the property generally range below 5 percent and the elevation is approximately 200-feet above mean sea level. 3.1.2 Climate: Located on the wetter windward side of the island, the average annual rainfall is about 129" annually, with the majority of rain falling during the winter months. Relative humidity is generally stable and the mean annual temperature is about 72 degrees to 75 degrees Fahrenheit. Impacts and Mitigations: None. The proposed action will not alter the microclimate of the region. 3.2 SOILS The U.S. Department of Agriculture Soil Conservation Service (now known as the Natural Resource Conservation Service) Land Study Bureau Overall Master Productivity Rating designates this site HoC, Hilo silty clay loam (0 to 10% slope). This soil represents the Hilo series of well-drained soils formed in volcanic ash layers. The University of Hawaii Land Study Bureau Overall Master Productivity Rating map, this site is classified "C" (C-42) or Fair. This soil is of the Hilo series. This series is characterized by soils that are deep, with moderately fine texture. It is non-stony and well drained. The Property is located within an urban area and not classified under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system Impacts and Mitigations: None. This site is not recognized as being agriculturally important. 3.3 FLORA AND FAUNA Flora: The Property outside of the structure is covered with grass and stands of koa haole. Plant species found in the Project vicinity which 5 may occur within the Project area are common, mostly alien species such as Bermuda grass, spiny pigweed, beggaz's tick, goose grass, sow thistle, finger grass, and crab grass. Bindweed, and koali awahi'a represent existing vine types. Impacts and Mitigations: None. Flora species found on the Property are not rare or endangered. Fauna: Faunal studies conducted in the vicinity of the Project have observed no resident endemic or indigenous bird species. Species observed in the Project area vicinity include the Japanese White-Eye, Yellow-Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch. Mammals common to the area are Mongoose and feral cats. These species are highly mobile and will have little trouble relocating to other areas. None of the species are rare or endangered. Impacts and Mitigations: None. Fauna species found on the Property are not rare or endangered. 3.4 NATURAL HAZARDS Volcanic Earthquake and Tsunami Hazards: According to the United States Geological Survey maps, the Property is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. Zone 3 areas include other areas on Mauna Loa in which the hazard is gradationally lower that in Zone 2, which lava flows have covered about 15 to 25% of Zone 3 on Mauna Loa during the past 750 years. The Building Code designates the entire island of Hawaii Earthquake Zone 3 and contains certain structural requirements to address the relative seismic hazard. The Project is located outside the County of Hawaii Civil Defense Agency's Tsunami Evacuation Zone. Flood and Coastal Hazards: The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) designates the Property in Zone "X", with a small portion of the southeast corner of the Property within Zone "A". Zone "X" is designated for those areas outside the 500- year flood plan and therefore are not shown on Flood Insurance Rate Maps on file with the County Department of Public Works. Zone "A" is designated for those areas with no base flood elevations determined. The project is located outside the County of Hawaii Civil Defense Agency's Evacuation Zone for Coastal surges from hurricanes. A FIRM Map is attached hereto as Exhibit 8 Impacts and Mitigation: The Property is not located within any flood, tsunami or coastal surges from hurricanes. The Building Code requirements mitigate potential earthquake hazards. 6 3.5 AIR AND NOISE QUALITY Air Quality: Generally, air quality is affected by regional and local climates, together with the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries that would contribute to air pollution are located within the Project. Air quality in the Project vicinity is most affected by emissions from natural and vehicular sources. Impacts and Mitigation: Although the Project would slightly increase traffic in the area, it is not expected to generate significant levels of air pollutants. Those that are generated would be dispersed rapidly by the prevailing winds. There could be short-term air quality impacts due to construction activities, especially during clearing and grubbing operations. However, these impacts can be mitigated through utilization of best management practices such as covering transported materials, water spraying, and planting of ground cover as soon as practical. Noise Quality: Currently, background ambient noises exist within the vicinity of the Project area. Noise levels are primazily influenced by traffic on Ponohawai Street and Komohana Street. Impacts and Mitigation: There would be short-term noise impacts due to construction activities, especially during clearing and grubbing operations. However, these impacts can be mitigated through scheduling work during the daytime hours and by ensuring that construction equipment complies with County regulations. When fully developed, the Project is not expected to add significantly to current noise levels. 3.6 WATER AND COASTAL RESOURCES The Property is located more then one mile from the coastline. Coastal impacts resulting from discharge or drainage systems from the site should not be significant. As anon-coastal property, no coastal access is required or will be affected. The Property is currently serviced by a septic tank system. In the event the County's sewer line is extended to this area, the Applicant could explore the connection to this system. 3.7 SCENIC AND VISUAL CONSIDERATION In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The Property is not listed as a scenic site. The Property location provides for views of both Mauna Kea in the mauka direction and Hilo Bay in the makai direction. The current structure is located toward the southeastern (Puna) end of the Property 7 and does not significantly impact the mauka-makai view of Mauna Kea and Hilo Bay from Ponohawai Street. In addition, stands of haole koa, currently on the property were maintained and provide a natural appearance of the surrounding vegetation. 3.8 CULTURAL, HISTORIC AND ARCHAEOLOGICAL RESOURCES 3.8.1 Ka Pa'akai O Ka'aina Issues Based on the findings of the historical record of the Property, the Applicant presents the following statements in response with the requirements of the Hawaii State Supreme Court's criteria in the Ka Pa'akai O Ka'aina case. (a) The identity and scope of "valued cultural, historical, or natural resources in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area: Discussion: There are no historical sites listed on the Federal and State Register of Historic Sites nor are any historical sites listed in the County of Hawaii General Plan Historical Element. Since the Property is fully developed with the existing single-family residence, there are no observable traditional and customary native Hawaiian practices being exercised on the Property. (b) The extent to which those resources -including traditional and customary native Hawaiian rights -will be affected or impaired by the proposed action; and Discussion: As no valued cultural, historical or natural resources and no traditional and customary native Hawaiian rights were found or being practiced in the Project site, these rights will not be affected or impaired by the proposed use. (cj The feasible action, if any, to be taken by the Planning Commission to reasonably protect native Hawaiian rights if they are found to exist. Discussion: There is no feasible action to be taken by the Planning Commission other than to require that if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered in the Project site, the Applicant will report the discovery to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review. 8 3.8.2 Historic and Archaeological Sites Most historic sites of South Hilo have been destroyed by agriculture, urban growth, and natural changes in land forms. The Project area is not among those listed as historic properties in the Hawaii State Register of Historic Places, has not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan within the South Hilo district. Impacts and Mitigation: None. The Property is not among those listed as historic properties in the Hawaii Sate Register of Historic Places and any surface or subsurface archaeological remains are unlikely. 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. 9 Section 4 4. INFRASTRUCTURE CONSIDERATION 4.1 ROAD AND TRAFFIC The Property access point fronts Ponahawai Street. Ponahawai Street is a two-lane County road that serves as one of many mauka-makai roads in the Hilo area. It has aright-of-way of 60-feet within a 24-foot pavement and 4-foot grassed shoulders. The Applicant has one proposed entrance for the Property along Ponahawai Street, and if required, a curb, gutter, and sidewalk section fronting the Property could be constructed along with any landscape required. It should also be noted that the access easement to the Property has good sight distance and no curves along Ponahawai Street as shown in Exhibit 9, attached hereto. 4.2 UTILITIES Utilities such as telephone and electrical services are currently available to the site. 4.3 WATER Water service to the project site is from the Piihonua well sources. There is a 12-inch line along Komohana Street and an 8-inch County water line along Ponahawai Street. Should this request be approved, the Applicant intends to secure the required water commitments from the Department of Water Supply. 4.4 SOLID WASTE Commercial haulers would handle any solid waste generated by the Project. The haulers will dispose of the refuse at the County landfill in Hilo. This landfill is nearing capacity and must be closed when full. Unless an approved site is located in Hilo, the waste will be hauled to the Pu'uanahulu site located in West Hawaii. 4.5 WASTEWATER The Project area is not serviced by a County sewer system. The Applicant intends to implement a septic system approved by the Department of Health for the current structure. If required, the Applicant will modify the existing septic system to meet the wastewater demand from this project. 10 4.6 GOVERNMENT SERVICES All of the required police, fire and related services are available for the Property. The County of Hawaii Police Station is located approximately two miles makai of the Property at Kapiolani Street and the County of Hawaii Central Fire Station is located approximately one mile makai of the Property along Ponahawai Street. Both emergency fire and paramedical service are available from this location. Other medical services are available at the Ka Waena Lapa'au located less then one-half mile from the Property. The State of Hawaii Hospital is located approximately two miles mauka from the Property. The proposed commercial Project it is not anticipated to have any significant adverse impacts to schools, parks and other related facilities. Within a two mile radius of the Property, there are a number of both private and public elementary, middle and high schools and adequate park facilities in the area. Based on these surrounding facilities it is anticipated that there will be no extension of government services and the existing facilities should be sufficient to accommodate the demand, if any, from the Project. 11 Section 5 5. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 5.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY The short-term use of the Property would probably be the same as the current use as residential and open space. The use of the site will transition into commercial use upon approval of this application. 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 implementation of this Project. The Project will generate increased tax revenues that can supplement the State and County's fiscal resources. Because of its location, this project will provide a service that can be made reasonably accessible relatively quickly to the immediate area. 5.2 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES Due to the existing use of the Property and its current use, the commitment of natural or other resources (such as botanical and avifaunal) would appear to be insignificant. Other irreversible and irretrievable commitment of resources has already been institutionalized through County, State and Federal regulations, codes, laws and ordinances. 5.3 MITIGATIVE MEASURES As noted in Section 4.6, the Applicant has the advantage of being adjacent to existing infrastructure and supportive public facilities. The Applicant plans minimal site changes and intends to use the existing structure. This measure will insure minimal adverse impacts to traffic, environmental concerns and surrounding properties. The current structure and its landscaping are consistent with the surrounding properties and the visual nature of the Hilo area. 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. 5.4 ALTERNATIVE TO THE PROPOSED PROJECT An exploration and evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance 12 environmental quality, avoid or reduce adverse environmental impacts, costs and risks, was performed in order to assess option that might enhance environmental quality and cause fewer detrimental effects. A discussion of these alternatives follows: 5.4.1 No Action Alternative The "no action" alternative will result in no physical change to the Property. The land will remain unaltered. This alternative will not allow the objectives of the regional plan to be achieved and would deny the public the soci-economic benefits associated with the Project. Under the "no action" alternative no sources of income will be brought to the owner and consequently no increase in government revenues from higher property taxes will be realized. 5.4.2 Alternative Use The current zoning for the property is Agricultural - la (A-la). The Project, based on its location, size and proximity to other commercial areas is not well suited for long-term agricultural use. Another alternative would be to utilize this site for a denser residential project. While that would still be consistent with the General Plan LUPAG's map Medium Density designation, it would not achieve the Applicant's proposed plans for the property. 5.4.3 Evaluation of Alternatives Leaving the property in its current state would not allow the Applicant to realize increase income. There would also be diminished tax revenues. This request is consistent with the State Land Use designation and the County General Plan LUPAG Map. 13 Section 6 6. REGULATORY ANALYSIS 6.1 GENERAL PLAN LUPAG MAP The General Plan provides for the long-range comprehensive development of the Island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Medium Density, a designation that allows the requested CN-20 zoning. Accordingly, this request would be consistent with the LUPAG Map. 6.2 GENERAL PLAN POLICES The requested zoning would be consistent with the goals, policies and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: Economic Element Goals * Provide residents with opportunities to improve their quality of life. * Economic development and improvement shall be in balance with the physical and social environments of the Island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies * The County shall 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. Land Use Element (Commercial) Goals * Provide for commercial developments that maximize convenience to it users. 14 * Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies * Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. * Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. * The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such development. Standards * Commercial development shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. * Off-street parking and loading facilities shall be provided. * Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. * Preference shall be given to commercial lands with a reasonably level topography. 15 Section 7 7. DISCUSSION AND CONCLUSION If approved, the project would provide additional commercial opportunities in the Hilo area. Its location is ideal to service the community and is adjacent to ongoing commercial uses. All required infrastructure is in place and would require minimal modification. If development of infrastructure is required, it would be provided by the applicant without taxing government's servicing ability. The site has limited on-site developmental constraints. The subject site has defined boundaries on all four sides of the parcel. Due to its current residential use, archaeological, floral, or faunal concerns should be insignificant. Although there may be a potential for some endemic birds to visit this area, the development of this site would not remove a critical habitat and due to its current residential use alternative areas would be more suitable for any habitats. Furthermore, if there are inadvertent archaeological features found on the site, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. 7.1 ZONING Assuming this request is approved, the site would be use for commercial use. If required, all structures and improvements would be developed consistent with the Zoning and Building Code. No variance from the Code is anticipated. 7.2 HAWAII STATE PLAN Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. The Plan is intended to serve as a guide for the growth and future long-range development of the State. Pursuant to the Plan, 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 generation; 16 * A desired physical environment characterized by beauty, cleanliness, quiet, stabte and natural systems, and uniqueness that enhances the mental and physical well-being of the people * Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Discussion The proposed Project would achieve these goals and would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base thereby increasing both State and County revenues; and complementing and supporting other economic uses and in turn, contributing 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. Due to its current use the likelihood of finding archaeological features on the site is remote. Impacts to the surrounding areas would be insignificant. All required infrastructure is in place including traffic improvements, wastewater and potable water system. Any required improvements will be undertaken by the applicant at no cost to tax payers. Furthermore, the retention of the landscape existing on the Property would be maintained. 7.3 HAWAII COASTAL ZONE MANAGEMENT PROGRAM The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205A, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. Nonetheless, a general review of a project's consistency to the CZM policies - regardless of its location -must still be made. In that regard, please note the following: * As discussed in Sections 3, 4 and 5 of this report, the proposed Project will not have any substantial adverse environmental or ecological effect. 17 * The proposed project would be consistent with the objectives of the CZM program, specifically: - There would be no impact to the area's recreational resources. This is not a shoreline property; - Because of its historical agricultural use, the project site should not have any remaining historical resources. As discussed in Section 3.8.1 and 3.8.2 of this report no archaeological features are present and any findings would be appropriately mitigated; - The Project will not affect any scenic and open space resources; - The coastal ecosystem will not be impacted; - There will be more employment opportunities, and furthering the economic use of the site; - The site is more than a mile from the shoreline and there would be no coastal hazard or beach erosion or marine resource impacts. - Public participation will be achieved through the hearings on this request. * The proposed development is consistent with the State Land Use, County General Plan and other appropriate regulatory tools, such as the Zoning Code. 4843-2166-5281.1.060169-00001 18 Ex~i6its R•193 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED DEC 03, 2005 08:01 AM Doc No(s)2003-147171 . nIII11I~11I~IIIII~I~II1INl~ll~ REGISTRAR OF CONVEYANCES 20 1/2 Z3 cTax (10): 5370.00 LAND COURT SYSTEM ~ REGULAR SYSTEM i Am UPON RECORDATION, RETiIRN BY: [X] MAII, [ ]PICK UP ,7ustin Pittullo P.O. Box 2296 a~a1~~~ Pahoa, Hawaii 96778 1 I,C File No. 4-2147507 (mp) THIS DOCUMENT CONTAINS ~ PAGES TAX MAP KEY: (3) 2-3-037:011 TYPE OF DOCUMENT: WARRANTY DEED PARTIES TO DOCUMBN'f: GRANTOR: ALICE ADEE, 9ingle, whose mailing address is 478 Hookhrs Place, Hi(q Hawaii 96720 GRANTEE: NSTIN PITTULLO, an unmarried msn, and NANCY HAMADA, an unmarried woman, whose mailing address is P. O. Box 2296, Pahoa, Hawaii 96778 PKK/FALC02005.DED/11-4-05 Tu vuT>oTm i W RRANTYD • •D KNOW ALL MEN BY THESE PRESENTS: That ALICE ADEE, single, whose mailing address is 478 Hookina Piece, Hilo, Hawaii 96720, hereinafter called the "Grantor", for and in consideration of the sum of TEN AND NO/100 DOLLARS (S 10.00) and other good and valuable consideration to the Grantor paid by JUSTIN PITTULLO, an unmarried man, and NANCY HAMADA, sn unmarrledwoman, whosemailing address is P. O. Box 2296, Pahoa, Hawaii 96778, hereinafter called the "Grantee", the receipt whereof is hereby aclrnowledged, does hereby grant, bargain, sell and convey unto the Grantce all of that certain real. property designated on the tax maps of the Third Taxation Division, State of Hawaii, as Tax Map Key 2-3-037:011, more particularly described in Exhibit A attached hereto and made a part hereof, subject to the encumbrances noted therein. TOGETHER WI'CFi ALL and singular the buildings, improvements, rights, tenements, hereditaments, easements, privileges and appurtenances thereunto belonging or appertaining orheld and enjoyed in connection therewith. TO HAVE AND TO HOLD the same unto the Grantee, in equal shares, as Tenants In Common, their respective heirs, devisees, personal representatives and assigns, in fee simple forever. AND THE SAID GRANTOR does hereby covenant with the Grantce that the Grantor is lawfully seised in fee simple of said granted premises and that the avid premises are free and clear of all encumbrances except as aforesaid, and except for assessments for real properly taxes not yet due. And the said Ocantor further covenants and agrees that the Grantor has good right to sell and convey0tesaidpremisesinOtemanneraforesaid;thattheGrantorwill WARRANTANDDEFEND the same unto the Grantee against fhe lawful claims and demands of all persons, except es aforesaid. AND in consideration of the premises, the Grantee hereby acknowledges that the Grantee is aware, understands and agrees that all of the premises herein conveyed, including, bnt not limited to, all improvements located thereon, are being conveyed by the Grantor to the Grantee "AS IS" without warranty or representation, express or implied, as to condition or fitness for any purpose 2 whatsoever, the Grantee hereby agreeing, acknowledging and affirming to the Grantor that the Grantee has had full opportunity to inspect the premises and accept the same "AS IS", as provided for in the sales contract and any and all addenda thereto. The terms of said "A5 IS"provisions are incorporated herein by reference end shall survive closing. The Grantee's use of the property conveyed herein, including construction of farm dwellings, shall be in compliance with State and County laws end ordinances, and all Hiles and regulations promulgated thereunder, including without limitation, Hawaii Revised Statutes Chapter 205, and Hawaii County Cade Chapter 25. Any subsequent deed, lease, agreement of sale, mortgage, or other instrument of conveyance of this property shall expressly contain the foregoing restriction on uses and this restriction shall run with the land until such time that the land is reclassified to a land use district other than the agricultural district. IT IS MLTI'1JALLY AGREED that the terms "Grantor" and "Grantee", as and when used hereinabove or hereinbelow shall mean and include the masculine or f~++in+ee, the singular or plural number, individuals, associations, trttstees, corporations or partnerships, and their and each of their respective successors in interest, hens, exewtors, personal representatives, administrators and permitted assigns, acxording to the context thereof, and that if these ptrsents shall be signedby two or more grantors, or by two or more grantees, all covenants of such parties shall be and for all purposes deemed to be their joint and several covenants. The parties agree that this instrument maybe executed in counterparts, each of which shall be deemed an original, and the counterpazts shall together wnstitute one and the same inshtunent, binding all parties notwithstanding that all of the parties are not signatory to the same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. 3 WTINESS WHEREOF, this instrument has been executed by the undersigned on this day of NO 2005. ALICE ADEE GRANTOR J[J ITTULLO NANCY HAMADA GRANTEE APPROVED AS TO FORM PETER K. KUEOTA ATTORNEY AT LAW 11-4-05 4 IN WfINESS WfiERBOP, this inelnmlmt hnv baD extwvted by the tmdasi~ned oD this .~6 day De yJm+ery ~v,~,, zoos. ALICE ADEE GRANTOR JUSTIN PITTULLO d NAN J A GRANTEE APPROVED AS TO FORM PECERK R[JBOTA ATiYMNHY AT IAW I l4-OS 4 STATE OF HAWAII ) ss. COUNTY OF HAWAII p ~ ) On this ~ day of IV bU~~SQIL , 2005, before me personally appeared ALICE ADEE, tomeknown (orproved tome onthebasis ofsatisfactory evidence) tobetheperson described in and who executed the foregoing instrument, and acknowledged to me that she executed the same as her free act and deed. C{•• - Name: :.1~;_~.,.~+^ + NotaryFublic,StateofHawaii ~y s j; . ~ _ ~ t My commission expires• ~ • ~ ~t' tC ~w 5 STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this day of NOV 2 52005 , 2005, before me personally appeared JUSTIN PITTULLO, to me known (or proved to me on the basis of satisfactory evidence) to be the person desatibed in and who executed the foregoing instrument, and acknowledged to me that ` he executed the same as his free act and deed. ~ LL ANNE M. FIOSHIDA Notary PubAC Name: i = State of Hawc~AY 2 8 2006 Notary Public, State of H I'•~,;~cFW~'•'hry CenmWbn reset My commission expires: STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this day of. .2005, before me personally appeazed NANCY HAMADA, to me known (or proved to me on the basis of satisfactory evidence) to be the person described in and who executed the foregoing instrument, and acknowledged to me that she executed the same as her free act and deed. Name: Notary Public, State of Hawaii My commission expires: 6 STATE OF HAWAII ) se. COUNTY OF HAWAII ) On thin day of 2005, before mo personally appeared JUSTIN PITT[JLLO, to me known (air proved to me oa the basis of satisfactory evidence) to be the person descnlxd in and who executed the foregoing irlshuntent, and aclmowledged to me that ho exocuted the same as his free act and dad. Namo: Notary public, State of Hawaii Myoommissioa mcpiros: STATE OF-IlA7dCAII ~ ) COiJN1'1'OFi34~StAff 1oSr~Jq~~as ) av. On this ~ dey of~ ~PmBP2 _ .2005, before me perso appeared NANCY HAMADA„camnlmowa od to moon thebsais ofsatisfactory evidence) be the person desen'bad in end who executes! the foregoing iastroaieet, and aelmowleslged to ma that sho executed the same 69 her free act and dad. NOTARYARY PU6L1C 1 S I-CA~fpgNU O tos~N~SFSCaunnY 0 Name: K/e. COAMI, IXP. SEPT.1$loea ~ Notary Publia, State oftlnw~ ~ L1Gt~i . ~ , ~ , , My commission expires: q'/"1- . . z :I~j .,r EXHIBIT "A" ALL OF THAT CERTAIN PARCEL OF LAND (BEING PORTION OF THE LAND(S) DESCRIBED IN AND COVERED BY ROYAL PATENT GRANT NUMBER 252 TO B. PPTMAT~ SITUATE, LYING AND BEING AT PONAHAW AI, SOUTH HII,O, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING LOT 4, OF THE "KA PALANI KULA", BEING A SUBDMSION OF PARCEL 1, AND THUS BOUNDED AND DESCRIBED AS PER SURVEY DATED APRII. 9, 2001, TO-WIT: BEGINNING AT A POINT AT THE NORTHWEST CORNER OF THIS PARCEL OF LAND BEING ALSOTHENORTHEASTCORNER OF LOTS AND ON THE SOUTHEASTERLY SIDE OF PONAHAWAI STREET THE COORDINATES OF SAID PORJT OF BEGINNING REFERRED TO GOVERNMENT SURVEY TRIANGULATION STATION "HALAL" BEING 817.60 FEET SOUTH AND 664.56 FEE"f EAST AND RUNNING BY AZIMUTHS MEASURED CLOCKWISE FROM TRUE SOU'T'H: 1.232' 30' 100.00 FEI'T ALONG THE SOUTHEASTERLY SIDE OF PONAHAWAI STREI'T; 2. 322' 30' 445.00 FEET ALONG LOT 2; 3.52' 30' 100.00 FEET ALONG LOT 6; 4. 142' 30' 445.00 FEET ALONG LOT 5 TO THE POINT OF BEGINNING AND CONTAINING AN AREA OF 1.022 ACRES, MORE OR LESS. BEING THE PREMISES CONVEYI:DBY WARItANTYDEED RECORDI:UJANUARY 5, 2005 AS REGULAR SYSTEM DOCUMENT N0.2005-001737 OF OFFICIAL RECORDS. GRANTOR: RADHA GOVINDA VEDIC FOUNDATION, A DOMIiSTIC NONPROFIT CORPORATION GRANTEE: ALICE ADEE, SINGLE ' SUBJECT, HOWEVER, to the following: 1. Title to all mineral and metallic mines reserved to the State ofHawafi. 2. Restriction of vehiculaz access as descrbed in or disclosed by the Instrument recorded May 17, 2001 as Regolaz System Docimrent No. 2001-073886 of Official Records. 3. Easement "RU-] area 0.017 acres, for road and utility purposes, as described in or disclosedbytheTnstrumentrecordedMay 17, 2001 as Regulaz System DocnmentNo. 2 001-073 886 of Official Records. END OF EXHIBIT "A" A B f See Pa a 26 C D PUUEO HILO E Pa a 28 gauila kp„ r4 i B p1FOW a oa `~F~.¦ c9y 1. Dopltin Bay Hotef • l,ehU kf°Im • Y`~ ~d 1. xalae Terrace PUUEO ~•Lelnw APee .Hole Ynf. n }'w°+ 3. 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"1A f ~aS,'t k r _ i M c ' r 'M'~,^ , i ^y 5 s y 'may r r~ X d f1 - DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII . _ _ .di DATE: March 2, 2007 ~uyr~~~k TO: Christopher J. Yuen, Planning Director FROM: ~ Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000061) Applicants: Justin Pittullo and Nancy Hamada Request: A-1a to CN-20 Tax Map Key: 2-3-37:011 We have reviewed the subject application forwarded by your memo dated February 1, 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. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Managemeht Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain (may include areas with unknown flood or drainage hazards). All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Ponahawai Street is a County right-of-way that is classified as a secondary arterial of 60 feet width. Access to the subject parcel is limited through Road & Utility Easement "RU-1" (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 applicants 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 may be required by the Traffic Division, Department of Public Works. The applicants 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. 8327. I I • pF WATERg CJUt i I'I(I ? i'tn ~ DEPARTMENT OF~ W/~7E~R SUPPLY COUNTY OF HAWAII 00 P3P 1j7'pFHAWp1t;6 345 KE KU ANAO`A STREET, SUITE 20 HILO, HAWAII 96720 T ELE PHONE (808)961-8050 • FAX (808)961-8657 February 28, 2007 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000061) APPLICANT - JUSTIN PITTULLO AND NANCY HAMADA REQUEST: A-IA TO CN-20 TAX MAP KEY 2-3-037:011 We have reviewed the subject application and have the following comments and conditions. Water is available from existing 8-inch or 6-inch waterlines within Ponahawai Street fronting the subject parcel. The subject pazcel is currently served through a 5/8-inch meter, which is limited to a maximum daily usage of 600 gallons. The Department has no objection to the proposed application; however, prior to issuing a water commitment, the applicant shall comply with the following conditions: 1. The Depaztment requests that the applicant submit estimated maximum daily water usage calculations for review and approval. The water usage calculations shall be prepared by a professional engineer licensed in the State of Hawaii and should include the estimated peak flow in gallons per minute (GPM) and the total estimated maximum daily water usage in gallons per day, including all inigation/landscaping use. Upon receipt of the water usage calculations above, the Department will make a determination as to the water commitment deposit amount and prevailing facilities charge (subject to change) to be paid, if necessary. Based on the water usage calculations provided, if the existing 5/8-inch meter cannot accommodate the additional estimated demand, a larger or additional meter will need to be installed and remittance of the prevailing facilities charge, which is subject to change, will be required. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the existing meter on private property. If a lazger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before water service can be granted. 3. Please be informed that the existing waterlines fronting the parcel are inadequate to provide 2,000 GPM of . fire flow required per the Department's Water System Standazds. In order to achieve the required 2,000-GPM fire flow, the applicant would need to extend a second 8-inch waterline along Ponahawai Street, from an existing 12-inch waterline within Komohana Street (approximately 400 feet), and connect to the existing 8-inch and 6-inch waterlines within Ponahawai Street. The applicant should contact the Fire Department to determine any other fire protection requirements or altemative~XLJ IBIT I/UaEer brin~6 rro~re61... f~7 025698 The Department of Water Supply Is an Equal OpporWnity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Mr. Christopher J. Yuen, Planning Director Page 2 February 28, 2007 4. Subject to other agencies' requirements to construct improvements within the road right-of--way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Milt Pavao, P.E. N Ma ager FM:dfg copy-Mr. Steven S. C. Lim Mr. Justin Pittullo and Ms. Nancy Hamada wtv ar N1 J K~ ~ 4~. Liµi Harry Titpl r ' - - - - Barbara Bell Mayor ~ ~ ~ ~ - - ~ Director 1_ •If r a~•'~'~ - Nelson Ho . , Deputy Director ~ITltxt'~~t II~ ~M~Mit DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-0252 ' (SOS) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : February 6, 2007 To CHRISTOPHER YUEN, Plann~jing irector From: BARBARA BELL, Director Subject: Change of Zone Applicatio~(REZ 0~-000061) Applicant: Justin Pittullo and Nancy Hamada Request: A-la to CN-20 TMK: 2-3-37:11 We have reviewed the subject applicat~ n anG~the~following recommendations: DEPARTMENT COMMENTS: ~~11 WASTEWATER COMMENTS: ( ) No commerts ( )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 HHppwaiyy' County Code. (x) Other:~{~RGjI~/r/ TECHNICAL SERVICES COMMENTS: f~f 1V~ \,~C,l ~~.XA~~ SOLID WASTE COMMENTS: W~ ( ) No comments (''7d) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. 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. ( c) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (x) Constmction and demolition waste is prohibited at all County Transfer Stations. (~G') Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( )Other: cc: SWD, TSS, WWD 9169 ®2Cry~~y y Xawai ~i Counry is an equal opportunity provider and employer. C V ~I~ G/~nU WASTEWATER DIVISION DEPARTMENT OF ENVIRONMENTAL MANAGEMENT _ 108 RAILROAD AVENUE - HILO, HAWAII 96720 (808) 961-8338 -FAX (808) 961-8644 MEMORANDUM DATE February 27, 2007 TO Chris Yuen Pla~g D partment ,L~;> FROM Nelson°Depu °ry~ju~ector SUBJECT: Additional Wastewater Infomlation relatine to: Change of Zone Application (REZ 07-000061) Applicant: Justin Pittullo and Nancy Ramada Request: A la to CN 20 Tax Map Key: 2-3-037:011 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. In the long term, it would be in the Count}~s best interest to have the parcels 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 futlue 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. Mwos ~ Barbara Bell "L Director Harry Kim Mayor Michael Dworslry P.E. • Solid Waste Division Chief oe•N?~~ County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Stree[, Room 210 • Hilo, Hawaii 96720-0252 (808) 961-8083 • Fax (SOS) 961.8086 June 6, 20011 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. ' Mtt OF y , Fiaery Kim•:-, r. , ~ : ~ c ~ ~ Lawecnce K. Mahuna 1PE, i i-i-: - ~ Police Chief Mayor t'i ~"~•e~'~"'~~ Harry S. Kubojiri n Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808)935-3311 Fax (808)961-8869 February 15, 2007 TO HRISTO HER J. YUEN, PLANNING DIRECTOR FROM J MES M.~D ,ASSISTANT POLICE CHIEF, AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000061) APPLICANT: JUSTIN PITTULLO AND NANCY HAMADA REQUEST: A-1a to CN-20 TAX MAP KEY: 2-3-37:11 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. However, if the development continues on Ponahawai Street, in the areas between Homelani Cemetery and Komohana Street, driveways accessing Ponahawai Street will impede the flow of traffic. Thank you for allowing us the opportunity to comment. KV:IIi EXHIBIT "Hawai'i County is an Equal Opportunity Provider and Employer' •p~~C(~ `•q~9~i Harry Kira"~'(I < t ~ ^ r ~ t~ ~ Darryl J. Oliveira Mayor - Fire Chief - , ''.f ; Glen P.I. Honda , 'I - 01 i> Deputy Fire Chief n.'.~: `i ~ I i v- ~vuntp of ~aiu~i`i HAWAII FIRE DEPARTMENT 25 Aupuui Street • Suite 103 • Hilo, Hawaii 96720 (808)981-8394• Fax (808)981-2037 February 22, 2007 TO: CHRISTOPHER J. YUEN, PLANNING DIltECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF , SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000061) APPLICANT: JUSTIN PUTTILLO AND NANCY HAMADA REQUEST: A-1 a to CN-20 TAX MAP KEY: 2-3-37:11 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: Fire appazatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sea 10.207. (a) General. Fire appazatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Reglliretl. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route azound the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. " 2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). EXHIBIT ~p\ICCL - P yA if L ,,t < :l ~RFDt r~r Christopher J. Yuen February 22, 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 opuuon of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire appazatus road may be required when it is deterrnined try the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could lux~it access. "Forhigh-piled combustrble 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 appazatus and approved signs aze installed and maintained indicating the established vertical clearance. "(e) Permiss~le Modifications. Vertical cleaaances or widths required by this section maybe increased when, in the opinion of the chief, vertical clearances or widths aze not adequate to provide fire apparatus access. Surface. Fire 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 capabilities." (20 tons) "(g) ltiirnu?g Radius. The taming radius of a fire appazatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire appazatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning azound of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be conshucted and maintained in accordance with the applicable sections of the Buildmg Code and using designed live loading sufficient to carry the imposed loads of fire appazatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) Christopher J. Yuen February 22, 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. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systerm capable of providing the requved fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. GLEN HONDA Deputy Fire Chief PBE:Ipc LINDA LINGLE o, CHIYOME L, FUKINO, M.D. GOVERNOR a~ ,y ye 4~ DirecWr of Health ro~r wn r r 1 . r ` - i ' ~ - ~ , I ` STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAW Ail 96725-0916 MEMORANDUM DATE: February 16, 2007 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Newton Inouye i$' Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 07-000061) Applicant: Justin Pittullo and Nancy Hamada Request: A-la to CN-20 Tax Map Key: 2-3-37:11 The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be deternuned by the wastewater rules in effect at the time of building permit application. The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on February 6, 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. U 4S-uA EXHIBIT e~~ Christopher J. Yuen Page 2 of 4 Februazy 16, 2007 2. In accordance with HAR, Sections I1-55-04 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. aov/health/environmental/water/cleanwater/forms/indi v-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 may be picked up at our office or downloaded from our website at: http://www.hawaii. ~ov/health/environmentaUwater/cleanwater/forms/genl -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 azea. 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. Dischazges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Dischazges 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] Christopher J. Yuen Page 3 of 4 February 16, 2007 vii. Discharges of treated effluent from petroleum bulk stations and tenninals. [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. Dischazges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 2. 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. 3. Any dischazges 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 Standazds as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. We recommend that you review all of the Standard Comments on our website: www.state.hi.us/health/environrnental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise pennit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. I OF S Er• •*•h9,y, PETERT.YpUNG A LINDA LINGLE ~ auawov uNanrvu HA4n cuaEwT~uxs RpR all aw I. n~ wn K';-t" cn~~+nssiOnanw"Tert usW~4c5 unNwu~FNT RO°EFR•rv o rtECr URA O0. ~ ~ BO>TM lAT1C 4E5WRCEt O gNDOCEgn REC4GPON S~~ BLRE\t OFCONVEYNKEC oEV x ~a~~-~ I '~4aa•a\PO mn~ass~onon o~ATCa~ asae wows MEi+r ~ a, consFxvnno\n"auoavaacu v+FOarEniervr 2C ENOMFERVW F Fo roemr.wo mnnuvE RaxoouNa a un° rteemvE mn4\,asmn a ~ STATE OF HAWAII "'"~C4\""'~" DEPARTMENT OF LAND AND NATURAL RESOURCES - ~*.,TEO.a«a LAND DIVISION Sate ofHaWat\ POST OFFICE BOX 621 HONOLULU, HAWAII 96809 February 7, 2007 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Norman Hayashi Gentlemen: Subject: Justin Pittullo and Nancy Hamada, Hilo, Hawaii, Tax Map Key: (3) 2-3- 37:11 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. Sincerel~ Russell Y. Tsuji Administrator Cc: Central Files s a• EXHIBIT c~ RPittuIoREZ.doc - 3/8/07 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JUSTIN PTTTULLO AND NANCY HAMADA CHANGE OF ZONE APPLICATION (REZ 07-0000611 Upon cazeful review of the request, the Planning Director recommends that a favorable recommendation of the request for a Change of Zone be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a change of zone from A-1 a to CN-20 to allow for a development of medical, office and related uses allowed in the CN-zoned district. The existing structure will be used to accommodate the medical office space and meet the growing demand for commercial uses along Ponahawai Street. The applicants intend to make building renovations and site improvements to begin operations within two months of approval of the request. The property is improved with a partially constructed approximately 5,800 -square foot two-story single-family dwelling. Easement "RU-1", 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. In order to consider an area for any type of zoning designation, the applicable. goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must 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 CN-20 zoned district conforms to applicable goals, policies and standards of Land Use (Commercial) and Economic Elements of the General Plan. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested change of zone to a CN-20 district conforms to the LUPAG Map, which designates the property and its immediately surrounding area as Medium Density Urban. Such designation may allow neighborhood commercial uses, including office and retail uses. The request would also complement a policy of the General Plan in which "Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems....." 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-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. The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The majority of the project azea is located in Zone "X," areas determined to be outside of the 500-yeaz flood plain. There is a very small azea at the southwestern portion of the property in Zone "A". The project site has been cleazed for the development of the single-family dwelling. Thus, the presence of any known rare, threatened, or endangered species or endangered floral and fauna species is unlikely. Likewise, the existence of azchaeological sites within the property is remote. By letter dated January 30, 2007, the applicants requested a determination of "no effect" from the State DLNR-HPD. The DLNR-HPD has not responded as of this writing. -z- Access is from Ponahawai Street, which has aright-of--way width of 60 feet with a 24-foot wide pavement and 4-foot wide grassed shoulders. The Department of Public Works states that the "subject parcel is limited through Road & Utility Easement `RU-1' (no vehicular access planting screen easement beyond) and shall conform to Chapter 22, County Streets, of the Hawaii County Code." The applicants are amenable to providing curb, gutter, and sidewalk improvements fronting the property along Ponahawai Street. The Department of Public Works (DPW) has recommended that the applicants 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. 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 are available less than one mile from the site. County water is available from an existing 8-inch or 6-inch waterline fronting the property along Ponahawai Street. According to the Department of Water Supply, "the existing waterlines fronting the parcel are inadequate to provide 2,000 gallons per minute GPM) of fire flow required per the Department of Water Supply's standards. In order to achieve the required 2,000 GPM fire flow, the applicant would need to extend a second 8-inch waterline along Ponahawai Street, from an existing 12-inch waterline within Komohana Street (approximately 400 feet) and connect to the existing 8-inch and 6-inch waterlines within Ponahawai Street." The proposed request would also require the installation of a reduced pressure type backflow prevention assembly within five feet of the existing meter. 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 applicants propose to dispose of wastewater by a septic system meeting the requirements of the Department of Health. 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 -3- 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 applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, the request to reclassify the property from an Agricultural 1-acre (A-la) to a Neighborhood Commercia120,000 square foot (CN-20) 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. -4- CPiIluIaREZ.~3/8/07 JUSTIN PITTULLO AND NANCY HAMADA CHANGE OF ZONE APPLICATION (REZ 07-000061) 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 Polic}~' 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 applicants shall extend a second 8-inch waterline along Ponahawai Street from the existing 12-inch waterline within Komohana Street and connect to the existing 8-inch and 6-inch waterlines within Ponahawai Street to obtain the 2,000 GPM fire flow requirement for the proposed use prior to receipt of a Certificate of Occupancy.. D. Construction of the proposed improvements shall be completed within five (5) yeazs 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 pazking stalls. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). E. The applicants shall provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. F. Access shall be limited through the Road and Utility Easement (RU-1) and shall conform to Chapter 22, County Streets, of the Hawaii County Code. This access point shall be shared with the adjoining parcel (TMK: 2-3-37: 12). G. Install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. H. The applicants shall install a septic system meeting with the requirements of the Department of Health, prior to receipt of a Certificate of Occupancy. I. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed, meeting the approval of the Department of Public Works, prior to receipt of a Certificate of Occupancy. J. 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. K. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate 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. M. To ensure that the Goais and Policies of the Housing Element of the General Plan are implemented, the applicants shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval or final subdivision approval for any new residential structures. N. If the applicants, successors, or assigns develop residential units on the subject property, the applicants shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, -2- land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution maybe adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (RCPT). The fair share contribution shall have a maximum combined value of $6,653.40 per multiple family residential unit ($10,368.57 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The 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 shaze contribution, the applicants may contribute land and/or construct improvementslfacilities 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. O. 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. P. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -3- Q. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or aze beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one yeaz may be extended for up to one additional yeaz). 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. -4- yy+tv °s COUNTY OF HAWAII STATE OF HAWAII ' BILL NO. ORDINANCE NO. (PLANNING DEPT) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 1-ACRE (A-la) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-037:011. 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 Neighborhood Commercial - 20,000 square feet (CN-20): Beginning at the most westerly corner of this pazcel of land, also being the most northerly comer of Lot 5 of the `Ka Palani Kula' Subdivision, and a point on the southeast right-of--way of Ponahawai Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 817.59 feet South and 664.56 feet East and thence running by azimuths measured clockwise from true South:: 1. 232° 30' 00" 100.00 feet along the southeast right-of--way of Ponahawai Street; 2. 322° 30' 00" 445.00 feet along the boundary of Lot 2 of this subdivision to the corner common to Lots 2, 3, 4 and 6; 3. 52° 30' 00" 100.00 feet along the boundary of hot 6; 4. 142° 30' 00" 445.00 feet along the boundary of Lot 5 to the -1- point of beginning, containing an area of 1.022 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or , (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is 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- CN-f0 OPEN R 7.5 ~ +Ir CN-10 PROJECT R -TS DSTRICT AI-f0 RS-T5 !~-.5 R .5 S ~ CN-20 OPEN A-fa AGRICU URAL•7 ACRE (A-ta) 817.595 TO EIGHBORHOOD 664.56E COMfY~RC L-20 000 S4 FT. C A-1a PRaecr "H"it ~ 1.022 ACRES 06TR~T A-fa NANAwasr A4e CN•PO PROJECT DISTRICT A-fa fe 0 a T T5 A-fa i 3 RS•T.5 RS-T R&f0 o RS .5 TS 7.5 5 b w s b RS TS KUKUpU BT RM•d ~ c $g ~ A1d 400 200 0 400 800 1.200 7.600 2.OQOeet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL-1 ACRE (A-1 a) TO NEIGHBORHOOD COMMERCIAL-20,000 SQ. FT. (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 23-037:011 Date: FeWUary 7, 2007 EXHIBIT "A" (JUStln Pntwio:1225)