Loading...
HomeMy WebLinkAboutCOM 0564.000 2006-2008 Mtr os ~~K'i Harry Kim Dixie Kaetsu Mrtyor - Mrtnrtging Director t r , ' i ' C , ! ~ . , Barbara Kossow ?~Toe`e~'~ ~ - 'r Deputy Mrtnnging Director County of Hawaii 25 Aupuni Street, Room 215 Hilo, Hawaii 967204252 • (808) 961$211 Fax (808) 961L553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 3265663 July 23, 2007 Honorable Pete Hoffmann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 Dear Chairman Hoffmann and Members: Change of Zone Application (REZ 07-000065) Applicant: Cynthia Thomas Request: RS-10 to MCX-20 Tax Map Key: 2-2-36:90 y~hange of Zone Application (REZ 06-000038) Applicant: Guy Nakao Request: A-la to CN-20 Tax Map Key: 2-3-37:9 Change of Zone Application (REZ 06-000047) Applicant: Malulani, Inc. Request: A-la to RM-1.5 Tax Map Key: 2-3-37:15 County Council Initiated Amendment to Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amendedl relatine to Retail Establishments 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. SincSinc re Harry Kim Comm. No. Mayor Ref. To: !~L Ref. Date JIJL 2 7 2007 Enclosures cc: Planning Department ~8~ ~3~~ ..y _ tYM~ • ~~•i ~ •~`~.pj•M'~' County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Shee[, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 July 23, 2007 r• t... h+V,.1 Pete Hoffinann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2"a Floor , Hilo, HI 96720 Dear Chairman Hoffmann and Council Members: Change of Zone Application (REZ 06-000038) Applicant: Guy Nakao Request: A-la to CN-20 Tax Map Kev: 2-3-37:9 The Planning Commission, after a duly held public hearing on July 6, 2007, voted to recommend for your approval the proposed legislative bill for a change of zone from anAgricultural -1 acre (A-la) to a Neighborhood Commercial - 20,000 square feet (CN-20) district for approximately 1.02 acres of land. The property is located on the south side of Ponahawai Street approximately 1,000 feet east of the Komohana Street-Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a change of zone from an Agricultural 1-acre (A-1 a) to a Neighborhood Commercia12Q,000 square foot (CN-20) district to construct aone-story, 2,392-square foot physical therapy office building. The proposed facility will consist of waiting and reception areas, office, examination rooms, gym and restrooms. Twelve parking stalls will be provided adjacent to the building. The rear portion of the property maybe developed for additional future medical oroffice-related uses. Hawaii County is an Equal Opportunity Provider and Employer Pete Hoffinann, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standazds of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similaz azeas 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. Therefore, the requested Neighborhood Commercial zoning is consistent with the Medium Density Urban designation on the LUPAG Map for this azea of Hilo. The request would also complement a policy of the General Plan in which "Commercial facilities shall be developed in azeas 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 commercial and agricultural uses. The adjacent property makai of the site is vacant, and mauka of the project site is asingle-family dwelling under construction. This property (TMK: 2-3-37: 11, Jason Pittulo and Nancy Hamada) as well as another parcel (TMK: 2- 3-37: 17, Guy Miller) were subjects of recent rezonings from A-la to CN-20 and RM-4, respectively. The requests are currently pending at the County Council. The Ka Waena Lapaau medical office complex is located in close proximity to the subject property at the northern corner of the Ponahawai Street - Komohana Street intersection. The Matsuno Enterprises property, which was rezoned from A-1 a to CN-20, is located east of the property. The Church of Jesus Christ of Latter Day Saints, allowed by Use Permit No. 199 in April of 2004, is located on the north side of Ponahawai Street. An orchid nursery is also located in close proximity to the property. 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. According to the Flood Insurance Rate Maps (FIRM), the project area is located in Zone "X," azeas determined to be outside of the 500-yeaz flood plain. The project site has been previously used for sugaz cane but has been graded. The presence of any known raze, threatened, or endangered species or endangered floral and fauna species is, therefore, remote. Likewise, the existence of azchaeological sites within the property is unlikely. By letter dated February 20, 2006, the applicant requested a determination of "no effect." The property fronts Ponahawai Street, which has aright-of--way width of 60 feet with a 24-foot wide pavement and 4-foot wide grassed shoulders. A No Vehiculaz Access 10-foot wide Planting Screen Easement (Document No. 2001-073886 dated may 17, 2001) is identified along Ponahawai Street fronting the property. As noted by the applicant, "to minimize potential traffic movement conflicts along Ponahawai Street, the applicant will be limited to an approved access via an easement on the adjoining property makai of the subject site." The adjoining property owner has agreed to allow unrestricted access through this 25-foot road and utility easement identified as "RU-7". The applicant intends to construct a 20-foot wide paved private roadway from Ponahawai Street to the entrance of the project site. The applicant is also amenable to providing curb, gutter, and sidewalk improvements fronting the property along Ponahawai Street. The Department of Public Works (DPW) has recommended that the applicant provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the approval of the DPW. All essential infrastructure to support the proposed development is or can be made available to the site. Electrical and telephone services are available to the property. Police and fire services aze available less than one mile from the site. County water is available from an existing 6-inch waterline fronting the property along Ponahawai Street. The property is not currently serviced by the County sewer system. The applicant proposes to dispose of wastewater in a septic system meeting the requirements of the Department of Health. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and therefore will not be impacted by coastal hazazd and beach erosion. There is no record of a designated public access that Pete Hoffinann, Chairman and Members of the County Council Page 4 traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the azea. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka ilina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal azchaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. By letter dated February 20, 2006, the applicant requested a determination of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. As of this writing, the DLNR-HPD has not provided any comments. • The valued cultural, historical, and natural resources found in the rezoning azea: According to the applicant, there are no valued cultural, historical and natural resources found in the rezoning area. The property was previously used for sugar cane. • Possible adverse effect or impairment of valued resources: Given the scope of work previously conducted and the property's urban setting, no known rare, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the request to reclassify the property from an Agricultural 1-acre (A-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. Pete Hoffmann, Chairman and Members of the County Council Page 5 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, n Willi raham, Chairman Planning Commission Lnakao02PC Enclosures cc: Mr. Sidney Fuke Mr. Guy Nakao Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BNakaoREZ6/18/07 COUNTY OF HAWAII PLANNING DEPARTMENT BACFiGROUND REPORT GUY NAKAO CHANGE OF ZONE APPLICATION (REZ 06-0000381 GUY NAKAO has submitted an application for a Change of Zone from Agricultural 1- acre (A-la) to Neighborhood Commercia120,000 squaze feet (CN-20) for approximately 1.02 acres of land. The property is located on the south side of Ponahawai Street approximately 1,000 feet east of the Komohana Street/Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii, TMK: 2-3-37: 9. PROPOSED DEVELOPMENT 1. Request: Change of zone from A-1 a to CN-20 to construct cone-story, 2,392-squaze foot physical therapy office building. The proposed facility will consist of waiting and reception areas, office, examination rooms, gym and restrooms. Twelve parking stalls will be provided adjacent to the building. The rear portion of the property maybe developed for additional future medical atoffice-related uses. (Ezhibit 1-Change of Zone application) 2. Project Timetable: Construction is proposed to be completed by the end of 2007. 3. Cost of development: Basic infrastructure and on-site improvements aze estimated to be in excess of $1 million. The cost would include site preparation, wastewater system, and roadway improvements, including curb, gutter, and sidewalk section along the property's frontage. 4. Landowner: Sandra and Guy Nakao. GENF~RAL INFORMATION 5. CN Zoning: • Height limit - 40 feet • Minimum building site area - 7,500 squaze feet • Setback -front and reaz 15 feet; side yazds none, except where the adjoining building site is in a RS, RD, RM, RCX or V district. Where the side yard adjoins the side yazd Attach: Comm. 564 Bill 138 v 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 6. SLU Designation: Urban. 7. GP LUPAG Map: Medium Density Urban, which may allow village and neighborhood commercial and residential and related uses. 8. Hilo Community Development Plan: The Hilo CD Plan, adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the area as RS/RM PUD. 9. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies within the Coastal Zone Management Area. 10. Special Management Area: The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located in the Special Management Area. The properly is not proximate to the shoreline, and will not be impacted by coastal and beach erosion. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The property is rectangular in shape with an 80-foot frontage along Ponahawai Street. The property was formerly planted in sugaz cane but has been graded. A No Vehicular Access 10-foot wide Planting Screen Easement (Document No. 2001- 073886 dated may 17, 2001) is identified along Ponahawai Street fronting the property. 12. Surrounding Land Uses/Zoning: Surrounding lands aze in a mix of commercial and agricultural uses. The adjacent property malcai of the site is vacant, and mauka of the project site is asingle-family dwelling under construction. This property (TMK: 2-3-37: 11, Jason Pittulo and Nancy Hamada) as well as another parcel (TMK: 2-3-37: 17, Guy Miller) were subjects of recent rezonings from A-la to CN-20 and RM-4, respectively. The requests are currently pending at the County Council. 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 recently rezoned from A-la to CN-20, is located east of the subject property. The Church of Jesus Christ of Latter Day Saints, allowed by Use Permit No. 199 in April of 2004, is located on the north -2- • side of Ponahawai Street. An orchid nursery is also located in close proximity to the site. Homelani Cemetery is located along the north side of Ponahawai Street, makai of the property. 13. Elevation/Slope: The property is located at approximately the 220-foot elevation, and slopes easterly (makai) at less than 10%. 14. U.S.D.A. Soil Type: HOC, Hilo silty clay loam, 0 to 10 percent slopes. The surface layer is dazk brown silty clay loam about 12 inches thick, very strongly acid, and the subsoil is strongly acid to medium acid. This soil dehydrates irreversibly into fine gravel-size aggregates. 15. ALISH: Unclassified. 16. Land Study Bureau's Productivity Rating: "Fan" or "C." 17. FIRM: The project azea is located in Zone "X", an azea located outside of the 500-year flood azea. 18. Flora/Fauna: No professional floral or faunal survey was prepared, as the property was previously in sugaz cane use. No known raze, threatened, or endangered species are known to inhabit the pazcel or aze expected to be discovered on the site. According to the applicant, mice, mongoose, cats and dogs aze common on the property. Bird species on the site include the spotted dove, common myna, house finch and white-eye. Plant species on the site include California and Wainaku grass, gunpowder tree, African tulip, and guava. None aze considered rare, threatened or endangered. 19. ArchaeologicaUCulturaVHistorical Resources: No azchaeological inventory survey was prepared, as the property was previously used for sugaz cane. Similazly, no valued cultural or historical resources exist on the site. No traditional and customary native Hawaiian rights are exercised on the site. By letter dated February 20, 2006, the applicant requested a determination of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. 20. RecreationaWisual Resources: The proposed use of the property will not negatively impact recreational resources and visual resources to or from the shoreline. No scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be -3- Y negatively impacted by the proposed action. 21. Public Access: There is no public access to the mountains or the shoreline that traverses the property. UTH.ITIES AND SERVICES 22. Access: The property fronts Ponahawai Street, which has aright-of--way width of 60 feet with a 24-foot wide pavement and 4-foot wide grassed shoulders. As noted by the applicant, "to m;n;m;~e potential traffic movement conflicts along Ponahawai Street, the applicant will be limited to an approved access via an easement on the adjoining property makai of the subject site." The adjoining property owner has agreed to allow unrestricted access through this 25-foot road and utility easement identified as "RU-7". The applicant intends to construct a 20-foot wide paved private roadway from Ponahawai Street to the entrance of the project site. The applicant is also amenable to providing curb, gutter, and sidewalk improvements fronting the property along Ponahawai Street. 23. Water: According to the Department of Water Supply, County water is available from an existing 6-inch waterline fronting the properly along Ponahawai Street. 24. Wastewater: The property is currently not serviced by the County sewer system. Wastewater will be disposed by a septic system, meeting the requirements of the Department of Health. Z5. Solid Waste: Solid waste will be handled by commercial haulers. 26. Utilities and Services: All essential utilities and services are available to the site. AGENCIES' COMMENTS 27. Department of Public Works: Exhibit 2 - Apri15, 2006 memo 28. Department of Water Supply: Exhibit 3 -March 23, 2006 memo 29. Department of Environmental Management: Exhibit 4 -March 1, 2006 memo 30. Police Department: Exhibit 5 -March 7, 2006 memo 31. Fire Department: Exhibit 6 -March 15, 2006 memo 32. Department of Health: Exhibit 7 -March 10, 2006 memo AGENCIES - NO RESPONSE 33. Department of Land and Natural Resources Land Division and Historic Preservation -a- Y Division, Natural Resources Conservation Service APPLICANT'S RESPONSE TO AGENCIES' COMA~NTS 34. Eabibit 8 - Apri16, 2006 letter PUBLIC CObII1~NTS 35. None as of this writing. -s- 20D6 FEB 27 Ali l~ `(0 PLANl~~'~~aG G. ?ARTM~NT CvUVTY OF HAWAiI APPLICATION FOR COUNTY REZONING (A-la to CN-20) APPLICANT: GUY NAKAO Ponahawai, South Hilo, Hawai i TMK: (3) 2-3-37: 009 Prepared For: Dr. Guy Nakao Prepared By: Sidney M. Fuke, Planning Consultant February 2006 ~T CHANGE;OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT:, Guy_ N~ _ _ - _ - APPLICANT'S SIGNATURE: ISATEc`2/18/06 ADDRESS: 278 I{ilauea Avenue Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)969-7072 (Res.l ~~)969-7072 LANDOwNER(s>: cwd N LANDOWNER SIGNATURE(S): ~ W DATE: 2/18/06 (May be by letter) LANDOWNER(S) ADDRESS: Sam applicant REQUEST: A-la TO CN-20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-3-37: 09 STREET ADDRESS OF PROPERTY: Ponabawai Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.02 acres AGENT: Sidney M. Fuke Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE: (Bus.) 969-1522 (ReS,) (F~) 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Dr. Guy Nakao T~A~ (See Instructions on Reverse Side) Y 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 please answer the rest of question I and then to question 3. a• How many acres of the requested area do you intend to subdivide? N/A b. Into what lot sizes? c. if your request is approved, approximately haw long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? N/A If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No c. Sell or lease the land to someone who has no plans? No d- Keep it? Yes e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in 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. Develop a medical and related office complex 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. -2- 5• Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space provided below. Please refer to accompanying planning and environme~al report 6. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 10, what sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools x b, Roads x c. Sewer x d. Drainage x e. Police Protection x f. Fire Protection x x g, Recreational Facilities x h. Recreational Facilities i. -4- For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No, inasmuch as the site has been cleared in the past. Signature: Address : 8 Kilauea Avenue Telephone: 969-7072 Date: February 18,2006 -5- 6338A/50A P. D. 5/84 COUNTY ENVIRONMENTAL REPORT APPLICATION FOR COUNTY REZONING REQUEST (A-1a to CN-20) Guy Nakao PONAHAWAI, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-3-037: 009 I. INTRODUCTION The applicant, Guy Nakao, recently purchased the subject property consisting of 1.02 acres with the intent of relocating his physical therapy office called Nakao Physical Therapy to this site. As such, the applicant is requesting the rezoning of the subject property from Agriculture (A-7a) to Neighborhood Commercial (CN-20). II. PROJECT LOCATION The subject site, consisting of 1.02 acres, is located on the south or Puna side of Ponahawai Street in the City of Hilo. It is situated within the land division of Ponahawai, South Hilo, and is ident~ed by TMK: 2-3-37: 009. More spec~cally, the site fronts the south side of Ponahawai Street, generalty mauka of the Homelani Cemetery and less than 1,000 feet makai of Komohana Street. A church is presently under construction on the north side of Ponahawai Street, less than 250 feet makai of the subject parcel. (Figures 1 and 2) A site less than 800 feet makai of the subject property was recently rezoned to CN-20 for a proposed office/retail complex. (Figure 3) III. PROJECT DESCRIPTION A. Project Concept and Components The applicant is proposing to construct and operate his physical therapy office on the subject parcel, while providing additional area for other future medical or office-related uses. The expiration of the applicant's lease next year as well as the absence of adequate patient parking are driving this plan proximate to his office. The latter criterion is critical, as many of his patients have difficulty walking a long distance. The applicant believes that the subject area is suitable for his proposed office, as there are other like uses within ahalf--mile of the subject property. The hospital is also equally accessible from this site. t 2 Halai 7er:ace Y V Ur.v ~ i~~APis" w • n e vu a 'v~~-~~-~.y 3. PiilaniApts - N om IliaM .dW l~mg ',>?~~~f`'1 e<~ 4. Hali EldulYAPn dF ~GC^ G per` I Clem Altina Park O 4 1' ~ e, o oO~P u ~ 1 ` 135 r G :°RouL ~ a - O 111 Wainalm 7 O e • Rivasid Amauulu Rd Ohai . 0 s• o •V ~ lln, Paved (Amauulu Camp Rd) soPQ3 Pe ,c ~ ale Nea ~ $b x 'I6~a rF ~ 3 ~ . ~bP ~ ~ Riverside Park i Gr Y. (Reed's Island) ~ yo +o~ Y,L, w ~ ~ do4~ xl ~8e dfiGN ~P ~~olaui ~ ~4~ 1 ns.. Hilo ~ y4 "f'. F.°3NS" "2 ,f, 7 8 ,Soo' F Library UWlaxi ~7~ 7~~ y ~ ~ d~bv LowApu¦ °e kila 2 Z SV~J L' ~T ° ~ j, FiniG Aph¦ I cl ' 'la Uni Museum ~ ~ d' C~ lc ° SITE ~ ~e ¦ Elem.3a1. ~,4. ~ iii Hilo P grlo plc, ¦ ¦ <tic H 3a° Y=om High $ecl..S TccAnu to 2.39° : U~n`ol~u?, ~~de~ d - Waivls Touabouscs J°OV , p ~ ~J y` gco~e yp ~ ¦ a~e9 JS S a° ~^p '7'Lo N Vl d d. 6oG Mo1xW ¦ A ~ 2"/01 O e~3 do tsvcSW lti`~ eta°I APU ~4 G~ ~ i ~ ` ~ , ,y°l~ d V Hiaae'a SI`o 7 '~J h N 9C sa°'vvJ 4S. /at~ VV .\a ~Cem. © i Gilbu[ yoo°~ C'" A e CatvaWo ~ (.j~ CnYY1CWMI'¦ o~ CM~cm. 3 3« Pazk ~ 1$ ' C°~ iii d M ~al Al klelc Kyti ¦ °vQi A Qlaaauu~ue a t0 eke ~ ~o Piikonua b o I Aalai .;9p Pah ' ~ HouseloO ~ F x~ja>~ Y THrract `r .A~ ~Y1ms ¦ 5~ e `Lf ~iB ~a d I' vmas m 4`J' 'Yana . _ f- . a`a.~cesl ~ . tLL' Puukonu ~ ~7-~~ p m 0~0~ o' ~ t9 d Hualalai y^ ~ ~ %omohana 1 ° A~' ~ ' 4 ' d~ °°d IieiBkb ~$y~ Y ~y~C 4 4.1~`~, ~ ~ 3m Y°bagu Pei Hu¦ ~A .p tloT~~°~~,a 4'I' IO OaaCE ~ ~ ti'OQ N O E a' ~Pi s ~o Mohouli ,t~' ~/o `a)~ ~/0 V A/ °td .oe dp Sbd C -YUp 4t,A/ S ~ O ~N'wi Plk 04° .,(,xT4~ J'~ p~ "a o° ~4~e 6~ Kaa>li~ ~,av4`' ~1VA ,'A/ "sue. I ym~ 4~ ed Paeifie 4~ / ptil 'f~ Heigkts ~ goOQ m ~JeJ ~ CS Mohouli Patti zo +Y' 4~ goosal0a +5a e 5 5 '1106°h4. a a6~ Izte l~elSHje ~°5'Yte,. ' e ploU°a b°~i '6e i o ~y0 ~ fi' +~L,Foa ~~~Ai 4~ I m° a Univ. ofXawau, Hilo o Universiry Park 6 6 c xoo ai= ~ , b bna P! Nowelo Sunrise Ridge \~a~ ~}eC p Copyright 2003, Odyssey Publishing, uC FiQUre 1 ~ ~ ~o i ~ ~ o' Y Z ~ w ~ z V' V ~o~ - t Y • ~ E rexx . ~ H N/LO 1Y ~ ~ =f 2 Kwr <s ~iy"~ ~f ` ~,,W r +J M f~.s P J ® C a a o s ~ _ r L ~ 9 ~r_i .1S /Yrvbry6,^,o I ~ W d tl V ~„~w...:. l • le• j ~ 2 ~ s2 y N ~Q „ryi Z Pei Subject Z v Site ~ o _ ~ ~_ow _ _ aw h A e ~ u R U o Y C 0 ii ti, --o F~ a .S < a~ ir/ \ d 4 H d N n d ~ ~ C 9 t a.y '7 w i Y ~ ` RGO A _ H e ~ ` 1S` ~i b ~O H V N N d ~ t t I B D'N 3 LGf rY l O \ C Figure 2 sac;$!°'_^~. 'I,RS-zs 1. Rs-rs` ' ! b;~: ~I HaV1iSt ias;T X11 V2M•1`_ R". ~I I I I ~ - - II )(~I ,I m i i I AI2 Mulkulsl ~ k' I~ I RS 7~ ~ u ~ I RS-7J5 y DSOTRICT CM3~b-~~ m RS-7.5 `s ~ " ~ La 6'~ ~ elant I~ y~ Nom RS-7.5 ' OPEN I RM-1 = Subject I _ _ Site i II A-fa I RS-TS ~ ~ CDH CN-20 - a _ ~ ~ p n hawaiSt R - I RS-T.5 ~ 186.37 N i ! I , II 1,97T.96EI ~ ~ ' - o A 1a A fa "F~ALAI'~ ~ ~ I I--- ~ A1yRIC L RA (A-ta)TO - RS .5 EIG O1tH ~ MMERCIAL CN-TO RI -T~5 1--- a N ) I i , 1.000 A RES ~ _ - A-fa ~ _ R9,-TS RS•T~ RM-i ~R~' ~ I a~1a ~ ~ aa. 1-- ) ~ ~ - 2 fXS• .5 l ~ ~Ola Labe ~`~V ` RM-1 - RSTS ~'1 -,r 1 Rs m I _ ~n aj' m it ~ 1 .H I ---11.__"t' 'c ai .I ...i ~ 1 4-' _i -o RM-1 RS 7.~5 m ~~1RS,'TS--1 i I ~ I t- - m I ~ t° m ~ ~ I' I- Y / ' \ RM-4 am u a I o - ~I RM-1 ~a\2~5`•• ~ y N g R .q i 5~ ~ - of 1 t Ily Ay , JmuV,oa I H I i St ~ I i / o ~ I v RS ~ n RM1~-4i ~ RM~ RM-4 R i RS-y. i I ~ I i RS-AS ~ T 650 325 0 650 1.307 1.950 2.600 3.2F50~1 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 (A-1 a) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-3-036-PO(. 018 FiL+Ure 3 Date: September 27, 200 EXHIBIT "A" (Matsunp Enterprises, Ltd.:1778) Although the design of the project is conceptual at this stage, the applicant intends to ultimately develop a project that is more in keeping with the residentiaUcommercial ambiance of this area. This would mean that instead of a monolithic 3-story structure, there would be multiple structures, each limited to one story, with a maximum height of 25 feet. As proposed herein, the applicant's office building would have an area of 2,392 square feet with a height of less than 20 feet. There would be waiting and reception areas, gym, office, restroom, and examination rooms. There would be 12 parking stalls, including one handicapped, adjacent to the structure. (Figures 4 and 5). There would also be areas to the rear of the applicant's office for future medical or office use. The principal access from Ponahawai Street would be via a 30-foot wide easement situated at the makai or eastern side of the subject parcel. This easement is part of the pole of the adjoining lot (TMK: 2-3-37: 10) which also serves as access to an adjoining makai property (TMK: 2-3-37: 6). This easement is proposed to be improved with a 20-foot wide pavement and extend about 50 feet to the driveway entrance of the applicant's project. If required, the applicant would improve site fronting Ponahawai Street with a curb, gutter, and sidewalk section. B. Project Timetable and Cost The applican# intends to secure the balance of the required construction permits and begin making the appropriate infrastructure improvements immediately upon securing all development permits. Hopefully, this can be done by the end of this year. Occupancy is tentatively scheduled for the end of 2007. The applicant estimates the cost of the basic infrastructure and on- site improvements to be in excess of $1 million. This cost would include site preparation, the roadway leading to the site, the wastewater system, and if required, the curb, gutter, and sidewalk section along the property's frontage. IV. INSTITUTtONAI_ CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, a boundary amendment to cover the requested GIV-20 zone is not needed. 2 Y Lp V p: O _ pl Ii b mfrl___ I 1 li3`.SC.' ~,'4` . { 'Fro.: ti ~../i'~:. I I k'3 "j ~mTdT 1M?Y'IXVlIJ0IY1rYnL I r ~,.~xr - w¢a-¢ wayvanwm O _ R ~I ~l r~ ~ I ~ ~J;~~~ a ~ ~ 3 ~/_~J m T QQ Q y$ 3 ,o... ,g. ~ ~ $ © ~I a~x Z ~ - s m. Fisure 4 i i i a~ y °s, 8~ i 1 I Y~ B Fi_I' ~I ~ of B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Medium Density. As such, a General Plan amendment to the LUPAG map would not be required. Relative to the Medium Density designation, the General Plan allows consideration for "Village and neighbort?ood commercial and residential and related functions (3-story commen;ial; residential - up to 35 units per acre." The requested zonings and planned uses would be consistent with the uses envisioned within the Medium area. C. Hilo 6ommunity Development Plan The Community Development Plan (CDP) attempts to further define the General Plan and serves as a Quids for decision-makers. It was adopted by the Planning Commission in 1975, over 25 years ago. Although reviewed by the County Council, the CDP was never adopted. The CDP's Land Use Concept map identifies a RS/RM PUD designation for this area. Having some residential uses on the balance of the properly with the proposed commercial uses would be somewhat consistent with the concept of a residential PUD. Nofinrithstandingths technical inconsistency, however, it is acknowledged that the growth of Hilo and its outlying areas like Puna and Hamakua, have made some of the planning assumptions of the CDP obsolete. An updated CDP would be timely. Absent the availability of a relevant intem7ediary planning document, one must rely only on the General Plan LUPAG map and policies. In the end, the General Plan is more critical, as the County Charter requires aA zane changes to be consistent with it. C. County Zoning The County zoning of the requested area is Agricu~ure (A-1a). It should be noted, however, that the site was formerly zoned RS-7.5 but due to non-fulfillment of zoning conditions, is being downzoned to its original A-7a designation. 3 In the event the requested Neighborhood Commercial (CN-20) request were approved, all related land use and development codes such as Plan Approval, parking, landscaping, fire, ADA, and the like would be complied with by the applicant. D. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other construction-related permits would still be required. These would be of the "ministerial" variety, such as Plan Approval, grading permit, building permit, Department of Health clearances, driveway improvement permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Descriation The 1+-acre site is rectangular in shape. The site's frontage along Ponahawai Street is 80 feet because of the required driveway curve radius. The rear boundary line has a width of 100 feet; the lengths are 425 and 445 feet. The Alenaio Stream does not affect the subject site. The Stream forms the rear boundary of the adjoining flag lot property (TMK: 2-3- 37: 10). The stream is located more than 400 feet from the closest boundary of the subject site. (See Figure 2) The subject properly was formerly planted in sugar cane. It is presently overgrown with weed and other introduced plant species. There are no structures on the subject site. B. Climate, Soil and Toaographv According to the State Commission on Water Resource Management, the nearest rain gauge in this area is the Hilo Airport. The rainfall data of this gauge notes that over the past 37 years, the annual median rainfall for this area was 131.1 inches. The wetter months tend to occur between October through April. The average daily temperature ranges from a minimum of 61 degrees to a maximum of 79 degrees Fahrenheit. Wind patterns are generally tradewinds (easterly) during the day and westerly or mountain winds during the evenings. 4 The property's elevation is approximately 220 feet. There is a less than 10% slope towards the makai end of the property. There are no perceptible topographic or geologic constraints on the area of the proposed development. The U.S. Department of Agriculture 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 Hawai i Land Study Bureau Overall Master Productivity Rating map, this site is classified "C" (C~2) or Fair. This soil is of the Hilo and Wailea series. This series is characterized by soils that area deep, with moderately fine texture. It is non-stony and welt drained. It is well suited for machine tillability. Being within an urban area, the site is not classified under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system. Thus, the State's class cation system does not recognize this site as being agriculturally important. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) ident~es the subject site Zone X (areas outside of 500-year flood). As there will be an added level of impervious surface resulting from the proposed development, there may be an issue relating to potential increased run-off. In that event, drywell(s) or similar type of accommodations will be implemented, subject to the review and approval of the Department of Public Works and State Department of Health via the Underground Injection Control (UIC) permit process. With the proposed on-site drainage improvements, and since none of the proposed improvements will occur within any Floodway (AE) designated area, all potential drainage and/or flooding issues could be reasonably addressed and mitigated. s 2. Tsunami Hazard Given its elevation (220 and distance from the nearest shoreline (1± miles), it is located outside of the Civil Defense's Tsunami Evacuation Zone. Thus, there should be little or no threat from high waves. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS} classfies the subject site as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 to 1. This designation applies to all of Hilo There is very little that can be done to protect structures and improvements on the site from lava flows. Relative to protection of life, however, this would be achieved through the evacuation routes and warning systems provided by the County Civil Defense agency. Such notices will be prominently placed within office building. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, all structures built on the site will have to meet with the more restrictive seismic hazard structural requirements of the Building Code. D. Fauna Resources As the site is within an urban area and previously in sugar cane, no professional survey conducted of the faunal resources of the site, the applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This is due to the already developed state of the subject area and its immediate surrounding aria. Nonetheless, due to the semi-developed state of this area, the faunal resources should be somewhat typical of other developed areas. One may thus find bird species such as the Spotted Dove, Japanese White-eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. None of these are endangered animals. As such, it is unlikely that the development of this property would cause any adverse faunal impacts. 6 E. Flora Resources As with the description of the site's faunal resources, no professional botanical survey was done of the subject area. In historical times, the side was used for sugar cane cultivation, and remnants of sugar cane growth are evident. The area is presently overgrown with California (Brachiaria mutica) and Wainaku {Panicum repens)) grass. Other plant/trees on the site include the gunpower tree (Trema orientalis), African tulip tree (Spathodea campanulata) guava (Psidium guajava). None of these are considered rare, threatened or endangered plant species. These plants can be found in the general area and other midland, disturbed habitats in Hawaii, including the area on the mauka side of Komohana Street. In conjunction with the application fior the University Terrace project, the botanical study found similar type of plant species and concluded that that development would not have any adverse floral impacts. The same conclusion can be drawn for this site. F. Historic/Cultural/Archaeolo~nical Resources As the site has been cleared and used for sugar cane, no commissioned archaeological survey of the site was made. The former clearing makes it less likely to find any archaeological features on the site. Nonetheless, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH° and "Ka Pa'akai O Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. However, as the site has been used for sugar cane, it would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located over a mile from the coastline. As such, coastal impacts resulting from discharge of drainage systems from the site should not be sign cant. Being anon-coastal property, no coastal access will be affected. The proposed development is expected to develop its own private wastewater system, possibly a septic tank system. In the event the County's sewer line is extended to this area, the applicant would connect to this system. In either case, the method of wastewater disposal should further reduce potential adverse groundwater or nearshore water impacts resulting from this project. Further as noted earlier, prior to the installation or use of any dnrnrells on the site to address on-site drainage concerns, the appropriate U1C permit from the State will betaken. At that time, impacts to water and coastal resources will be carefully examined. I. Noise, Air Quality. and Dust The existing background ambient noise level in this area is wind, foliage, birds, and the like. However, the significant manmade noise is influenced by the traffic associated along both Komohana and particularly Ponahawai Streets. With the traffic, the noise level is relatively high, averaging more than 55 Ldn. To mitigate this noise to the project, the applicant plans to install appropriate landscaping along the frontage of the property and to the sides. There will also be short-term noise impacts during the construction phase. To mitigate this impact, the development of this project - particularty the site work -will be limited to daylight hours and on s weekdays. Contractors will also be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. The proposed development should not generate any direct air ual' impacts. As the project itseff is not expected to have uses that generate adverse air pollutants, the only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing tradewinds. All of the required parking area within the project site will be paved with an all-weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, with the exception of minimal construction dust in the beginning, long term dust generated by the project should be insignficant. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area. The most notable is the backdrop of Mauna Kea and the Hilo Bay. The proposed development would not have any visual impacts on Mauna Kea or Hilo Bay. The view of Mauna Kea in this area is somewhat visible from Komohana Street. Inasmuch as the subject site is located makai of Komohana Street, this view would not be impeded from this public road. The view of Hilo Bay is possible from Komohana Street and Ponahawai Street. However, because there are intervening sites between the subject property and Komohana Street, this view should not be adversely impacted. Then, too, because the land slopes in a makai direction, it would make the potentially tallest (25 feet) structure appear even less tall. From Ponahawai Street, the site is located to the south, whereas the view is more northeast. Thus, with the planned height of the structure, the location of the site in relation to the views of the sign cant landmarks, and the sloping topography, the visual impact should not be overly pronounced. 9 VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The surrounding land uses in this area are a mixture of low to moderately dense residential, semi-agricultural, and commercial uses. There are residential subdivisions located generally makai (Kapiolani Street) and south (Kukuau Street) of the subject site. There are also other residential subdivisions within 1,000 feet of the subject site. The only quasi-agricultural use is a nursery about 500 feet makai of the subject site, which coincidentally is for sale and being marketed as a non-agricutural property. There is a cemetery less than 600 feet makai of the subject site, while the properties immediately adjacent to the subject site are vacant. There are several commercial uses within 1,000 feet of the site. These include medical office buildings at the corner of Ponahawai Street and Komohana Street, as well as Kapiolani Street and Ponahawai Street. A neighborhood retail and office complex is also being planned less than 300 feet from the subject site. The requested zoning would be generally consistent with the evolving mixture of commercial and residential land use pattern in this area. Nonetheless, because of there are some residential developments proximate to the subject area, mitigative measures will be taken. These measures deal principally with landscaping, lighting, and access. It should also be noted that the recently approved University Terrace project is located mauaa of Komohana Street, less than 800 feet from the subject site. This project calls for a mixture of residential and commercial uses. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would provide short-term employment opportunities for those in the construction and related industries. When completed, there may not necessarily be more employment relative to the applicants operation. However, the additional room in the back for new structures and uses could generate additional employment opportunities. io A commercial rezoning would also increase the tax revenues to the County. However, there could be some real property tax consequences for the adjoining agriculturally zoned properties. As the assessed valuation of the subject property rises due to the higher commercial use, there could be some fallout to neighboring properties. However, landowners intent on keeping their property for residential or agricultural uses would have the option of dedicating their land for residential or agricultural uses. C. Agriculturallmpacts The subject site has not been used for commercial agricultural purposes for over 30 years. With the exception of the limited agricultural activity (nursery) north and makai of the subject site, the surrounding areas consist of a mixture of commercial and residential uses (including a cemetery}. Admittedly, the soil classification system of the Land Study Bureau designates the site as Class C or "Fair", and thereby suggesting the site's agricultural potential. However, it is located in an urban "in- fill"area, and as such, not classified as important on the State Agricultural Lands of Importance to the State of Hawaii (ALISH) system. Thus, its removal from potential agricultural use should not compromise the agricultural objectives of the County. Given the above, the agricultural impacts resulting from this rezoning should not be significant. VII. INFRASTRUCTURE CONSIDERATIONS A. Road and Traffic The subject site fronts Ponahawai Street. This 2-lane County road serves as one of several makka/makai roads in and out of Hilo. It has aright-of-way of 60 feet with a 24-foot wide pavement and 4f foot wide grassed shoulders. To minimize potential traffic movement conflicts along Ponahawai Street, the applicant will be limited to an approved access via an easement on the adjoining property makai of the subject site. This easement will also serve as access to a total of three properties. At this entrance, the applicant proposes to construct a 20-foot wide paved private roadway leading to the entrance of the project. If required, a curb, gutter, and sidewalk section ftonting the subject site along Ponahawai Street would be constructed. rr It should be noted at the proposed entrance, the sight distance is very good, as there are no curves along this section of Ponahawai Street. B. Water Water service to the project site is from the Piihonua well source. There is a 12-inch line along Komohana Street and an 8-inch County water line fronting the subject site along Ponahawai Street. It is anticipated that the proposed development would need no more than 1,200 gallons or 20 units of water per day. Should this application be favorably considered, the applicant intends to secure the required water commitments from the Department of Water Supply for this project. C. Wastewater The subject area is not serviced by the County sewer system. As such, the alternatives for the applicant are either a private wastewater treatment plant or connecting to the County sewer line. At this time, the applicant intends to develop a private system, which would typically be a septic system. Given the proposed use, the wastewater demand should be comparable to one or two residential units. In the event the County sewer line is extended along Ponahawai Street, the applicant would connect to this line. D. Solid Waste Solid waste will be handled by commercial haulers who will dispose of the refuse at the county landfill in Hilo, which is at or nearing capacity. This landfill must be closed when full. Unless an approved site is located in Hilo, the waste will have to be hauled and ultimately disposed off at Pu'uanahulu in West Hawai i. During the course of preparing the land for this project, the applicant intends to retain as much of the material on the property. This should #hus minimize disposal at approved disposal sites. This and other waste reduction methods will be reflected in the required solid waste management plan to help address this situation. E. Other Government Services As this area is already part of an urban area, it already has access 12 to a number of services. All of the required police, fire, and related services are available- Police protective services are provided from the main station along Kapiolani Street, less than 2 miles from the site. Likewise, the nearest fire station would be at central, less than a mile from the subject site. There are also the Kaumana and Kawailani stations, located less than 2 miles away. Emergency medical and paramedical services are also provided ftom these stations. The Hilo Hospital is located approximately 2 miles from the site and is managed by the State. This facility is one of 5 licensed hospitals on the island. As this project is a commercial one, it should have little or no direct impacts to schools, parks, and other related facilities. As the project may indirectly generate a school demand, it should be noted that the site is proximate to the K-12 Hilo Complex and Waiakea Complex, both of which are less than 2 miles from the site. There are also a number of public parks within a 2-mile radius. Thus, no extension of government services would be required, and existing facilities should be sufficient to accommodate the demand expected from this project F. Other Utilities All other utilities such as telephone and electrical services are available to the site. VIQ. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancemerrt of Long Term Productivity The short-term use of the site would probably be the same as the current use, which is open space. This will continue until the full improvements are made, which will hopefully commence before the end of this year and be completed within a year thereafter. This project should not result in any signif+cantly adverse short or long-term impacts that cannot be properly mitigated. There will be direct and indirect economic benefits resulting from the construction and implementation of this project. There will be construction jobs created in the short-term and at least the retention of 4 full-time equivalent positions. Relatedly, the project will generate increased 13 tax revenues that can supplement the State and County's fiscal resources. Because of its location, this project will provide a service that can be made reasonably accessible to the immediate neighborhoods. The required infrastructure - if needed -will be implemented by the applicant to mitigate potential impacts of this project. B. Irreversible and Irretrievable Commitment of Resources The area of the requested rezoning has already been extensively disturbed. As such, the commitment of natural or other resources (such as botanical and avifaunal) would not appear to be significant. C. Mitigative Measures The applicant intends to provide reasonable off and on-site infrastructure in conjunction with the development of this project. These will include on-site drainage system, landscaping, road, water, and wastewater improvements. All of these will be done in conjunction with the permitting and permit implementation phases of this project. Off-site traffio-related imprgvements at Ponahawai Street fronting the property will, if required, also be provided. This would involve the construction of a curb, gutter, and sidewalk section fronting the property. If any inadvertent archaeological discoveries are made during any phase of this project, the Planning Department will be notified and appropriate mitigation will be taken before work is resumed. Landscaping will also be incorporated within the project site, as well as along its boundaries. The landscaping would be consistent with the Planning Department's landscaping rules. D. Alternatives to the Proaosed Project 1. No Proiect Under the status quo alternative, the site would remain in its present vacant, cleared use. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. 14 2. Development Based on Foisting A-1a Zoning Under this altemative, the area of the requested zoning may still not be utilized agriculturally, given its current condition. The site would probably be used fora 1-acre residence. A large-lot residential lot, however, may not be too desirable, due to noise associated with the traffic along Ponahawai Street. 3. Residential Rezoning Another option could be to utilize this site for a denser residential project. While that would still be consistent with the General LUPAG's map Medium Densilydesignation, it may not be too feasible, given the need foroff-site infrastructure improvements, such as road and wastewater. 4. Evaluation of Alternatives Leaving the property in its current state would not maximize the use of the land. The land could be subdivided, but its agricultural uses would be minimal. There would also be diminished tax revenues and less services to the public. While alternative residential densities are possible, those uses may not be really desirable, given its proximity to the Highway and the cost to provide the required off-site infrastructure improvements. Neither of the above alternatives could deliver some needed off-site infrastructure improvements as would the requested commercial project. The proposed project would make improvements at its intersection with Ponahawai Street. Then, too, the use would provide needed medical and office- related services to the area community, thereby reducing longer commutes. In that regard, the project in totality would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested CN-20 zoning altemative. 15 IX. REGULATORY ANALYSIS -County and State Land Use Policies A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPgG 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. B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: Economic Element Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with- the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved ewnomic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. 16 • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments Standards 17 • Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion If approved, the project would provide needed medical and related services to this sector of Hilo. Its location is ideal to service the community. It is proximate to other similar medical related uses and the hospital. Relatedly, all required infrastructures are there or, if not, will be provided by the applicant without taxing government's servicing ability. The site has limited on-site developmental constraints. There is an intervening parcel between the subject site and the Alenaio Stream. As such, the Stream does not have any direct impact to the subject site. If anything, those can be considered as amenity (being in open space) for the project. Because of its prior agricultural use, archaeological, floral, or faunal concerns should not be significant, 'rf at all. Relatedly, although there may be a potential for some endemic birds to visit this area, the development of this site would not remove a critical habitat. Then, too, there are alternative areas that would be more suitable for any habitats. Furthermore, if there are inadvertent archaeological features found on the site, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. is Finally, all structures will be built to comply with the Zoning Code standards, such as parking, setback, height, landscaping, and so forth. C. Zoning If the request were approved, the site would be developed into a medical and related office complex. All structures and improvements would be developed consistent with the Zoning Code. No variances from the Code are anticipated. D. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. Said Plan is intended to serve as a guide for the growth and future long-range development of the State. Pursuant to said requirement, a discussion of the pertinent policies and goals and the project's relationship follows: Goals A strong, viable economy characterized by stability, diversity, and growth #hat enables the fulfillment of the needs and expectations of Hawaii's present and future generations • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people • Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Discussion The proposed project would achieve these goals. It would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and hence, increase both State and County revenues; and complement and support other economic uses and in tum, contribute to the stability, diversity, and growth of local and regional economies. 19 This employment opportunity would come without adversely affecting the environment. There is no known wildlife or plant Irfe listed as either endangered or threatened on the subject site. Then, too, because of its historical agricultural use, the likelihood of finding archaeological features on the site is quite remote. Impacts to the surrounding areas would also not be significantly adverse. All required infrastructures will be in place by the applicanYprior to occupancy of any portion of the project. These include traffic improvements, and the wastewater and water system. Furthermore, the provision and/or retention of natural landscaped buffers around the perimeter of and selected portions within the project site would also help mitigate any adverse visual and noise impacts to neighboring residential or agricultural properties. G. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205a, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and ident~ed by the County as the Special Management Area. Nonetheless, a general review of a project's consistency to the CZM policies -regardless of its location -must still be made. In that regard, please note the following: • The proposed project will not have any substantial adverse environmental or ecological effect. (Please refer to discussions in Chapters V, VI, and VII). Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. • The proposed development would be consistent with the objectives of the CZM program. Specifically: • there would be no impact to the area's recreational resources. This is not a shoreline property; • because of its historical agricultural use, the project site should not have any remaining historical resources. Any zo inadvertent find during the course of construction can be appropriately mitigated; • the project will not affect any scenic and open space resources; • the coastal ecosystem will not be impacted; • there will be more employment opportunities, and hence furthering the economic uses of the site; • the site is more than a mile from the shoreline, and thus there would be no coastal hazard or beach erosion or marine resource impacts; and • public participation will be achieved through the hearings on this request. • The proposed development is consistent with the County General Plan and other appropriate regulatory tools, such as the Zoning Code. 21 DEPARTMENT OF PUBLIC WORKS • COUNTY OF HAWAII 2Guo APR 5 1!1 Hl~o, HAWAII FLf~:id' i : TENT DATE: April 5, 2006 Jl-'r' ~;r HAy~AII 1~onao~x TO: Christopher J. Yuen, Planning Director FROM: ~w Dep ment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000038) Applicant: Guy Nakao Request: A-1 a to CN-10 Tax Map Key: 2-3-37: 009 We have reviewed the subject application received April 4, 2006 and offer the following comments for your consideration. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain (may include areas with unknown flood or drainage hazards). Ponahawai Street is classified as a secondary arterial of 60 feet width. We recommend the applicant provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. Install streetlights and traffic control devices as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG EXHIBIT County of Hawaii is an Equal OpportuniTy Provider and Employer c"~1 a\ wnret f`p ?00& ~flfl 2~ A~1 7 y4 Ig ~p`~9 F'Ltl~i(~~ii`_: ilri',',IilV1F_NT ^0 3> DEPARTMENT t~'`t7~Ia~TER SLY COUNTY OF HAWAII y~~0~xppp\\~~ 345 KEKGAN AO'A STREET, SUITE 20 H1L0, HAW AI'l 96720 TELEPHONE (BOB) 961-8050 FAX (808) 961-8657 March 23, 2006 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000038) REQUEST: A-IA TO CN-20 APPLICANT -GUY NAKAO TAX MAP KEY 2-3-037:009 We have reviewed the subject application for the proposed Change of Zone and have the fcllowing comments and conditions. The subject parcel currently has a service lateral fora 5/8-inch meter from the Department. Rased on the prevailing water situation in the area, water can be made available from the existing 6-inch waterline along Ponahawai Street, which fronts the property, with a connection size subject to review and approval during the construction phase of the proposed development. However, prior to issuing a water commitment to the proposed development, the following are required: 1. The anticipated maximum daily water usage, as recommended by a licensed engineer, registered in the State of Hawaii, must be submitted. The water demand calculations should include all domestic use as well as any irrigation, and the Department reserves the right to make a final determination. 2. In accordance with the Department's Rules and Regulations, a water commitment deposit shall be remitted. The applicant will be informed of the deposit amount upon final determination of the submittal required in Item No. 1. Upon completion of the above requirements, an official water commitment will be effected in accordance with the Department's Rules and Regulations. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change, depending on the water situation. y.~. ~ EXHIBIT 1~ ~ ! ?I?(.E~e/r' l7L°Cf2~~ ~:"~',..y l Jam:.. ~ G TI-~e 6epartmenf of Water ply is an Equal Gpportuniiy provider antl employer To lile a eomplainl of discrimination, write: USCA, Direcic, O`ica o. Civil Rights, Room~9E6d~M,dYFMIew~Bakfing, 14th and Independence Avenue, SW. Washington DC 20250-9410. Or call (202) X20-5964 (voice and TUU) Mr. Christopher J. Yuen, Planning Director Page 2 March 23, 2006 Water for consumption is available from the 6-inch waterline in Ponahawai Street that fronts the subject pazcel; however, it does not meet the fire-flow requirements for the proposed change of zone. In accordance with the Department's 2002 Water System Standards, the existing waterlines in the area will need to be upgraded and/or modified to obtain the 2,000-gallons per minute fire-flow requirement for the proposed use. Improvements include, but are not limited to: 1. Installation of a second 8-inch waterline along Ponahawai Street from Komohana Street (approximately 400 feet} that will connect to the existing 8-inch and 6-inch waterlines running parallel to each other, and 2. A connection between the 8-inch and the 6-inch waterlines to create a loop in the water system. Should there be any questions, please call Ms. Shan Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, Milton D. Pavao, P.E. Manager SHK:sco copy - Mr. Sidney Fuke Dr. Guy Nakao 4op'fY of M,Owq LUUU 11III1 ~Ma?w~7m r' BaDiredoBell YP°l l ~ J . r Nelson Ho PE_Ai~lldl~dt:~ :~ri~n;;Ti~fENT Deputy Dareclor (:,^vtJNiY OF i-1AWAil (~uixix#u >xf ~ttCuttii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 (806) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : Mazch 1, 2006 To CHRISTOP ER YLJE, Planning Director From: „~y$ ~ ,Director Subject:( Change of Zone Application (REZ 06-000038) Applicant: Guy Nakao Request: A-1 a to CN-20 TMK: 2-3-37:9 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: ~ / WASTEWATER COMMENTS: 1~ fl ( ) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( )Other: TECHNICAL SERVICES COMMENTS: qty ~,1,~,~,~~./st-~~ ~1~ ~ SOLID WASTE COMMENTS: p ( ) No comments ~ 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 room should be provided for implementation of a recycling program. ( ) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. Construction and demolition waste is prohibited at all County Transfer Stations. ( )Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( )Other: ~g~~~~ ft ec: SWD,WWD,TSS EXli~E31T 8048 ~,+tr or h Harry Kim ' ~ ~ - 56 • Lawrence K. Mahuna Mayor A J Police Chief PLfiNNfP•i. GE=r'~RTMENT Harry S. Kubojiri COUNTY OF HAYdAII Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilq Hawaii 96720-3998 (808)935-3311 Fax (808)96]-8869 March 7, 2006 TO CHR/IS,I'' PHER J. YUEN, PLANNING DIRECTOR FROM D ~D. ACHECO, MAJOR, AREA I OPERATIONS SUBJECT CHANGE OF ZONE APPLICATION (REZ 06-000038) APPLICANT: GUY NAKAO REQUEST: A-1ATOCN-20 TAX MAP KEY: 2-3-37:9 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. LW/Ili EXHIBIT "Hawai'i County is an Equal Opportunity Provider and Employer" or y 2 S~ Pm ~ ~7 Darryl J. Oliveira Moyor Fire Chief ~~_~1~1f4!pl~ai, ,.~.(~_.;.?i~.~i(lf{ Desmond K.Wery v~Ul~ i'~ lJi Ht~\~n/p,~j din Depub Fira Chief ~Cuuntp of ~ai~~i`i FIRE DEPARTMENT 25 Aupuai Street • Suite 103 HOo, Hawaii 96720 (808)961-8297 Fax (808)961-8296 March 15, 2006 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000038) APPLICANT: GUY NAKAO REQUEST: A-lato CN-20 TAX MAP KEY: 2-3-37:9 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are corr>pletely 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). ~3.~ y~~ EXHI~iT ~P„ ~o~i ARE Hawni'i County is nn Equal Opportunity Provider and Employer. ` ' Christopher J. Yuen March 15, 2006 Page 2 " 3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fue-fighting or rescue operations would not be impaired. "More than one fire appazatus road may be required when it is detemvned by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstmcted vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissrble Modifications. Vertical cleazances or widths required by this section may be increased when, in the opinion of the chief, vertical cleazances or widths are not adequate to provide Ere apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire appazatus and shall be provided wrth a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The taming radius of a fire appazatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the taming around of fire appazatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to cant' the imposed loads of fire appazatus. "(j) Grade. The gradient for a Ere apparatus access road shall not exceed the maximum approved by the chief." (15%) ' Christopher J. Yuen March 15, 2006 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(I) Sirs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire appazatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings aze 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 mauls or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department appazatus by roadways meeting the requirements of Section 10.207. LIVEIRA ue Chief JCP:Ipc LINDA LINGLE Zc, o r aq CHIYOME L. FUKINO~ M.D. 60VERNOR ,s sy a. y Director of Haalth - h, ~OD6 PiHfl 13 " 09 ~ PLANI~I~1~ ~;F.l?F~RTMENT COUNTY vF N!-~WAIt STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: March 10, 2006 T0: Christopher J. Yuen Planning Director, County of Hawaii FROM: Donn A. Hashimota~~" Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 06-000038) Applicant: Guy Nakao Request: A-la to CN-20 Tax Map Key: 2-3-37:9 Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on March 3, 2006. 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. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). EXHIBIT Planning Director, County of Hawaii March 10, 2006 Page 2 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 httn://www.hawaii. Qov/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 maybe picked up at our office or downloaded from our website at: http://www.hawaii. ~ov/health/environmental/water/cleanwater/fonns~enl -index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i)thmugh 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter I I-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] Planning Director, County of Hawaii March 10, 2006 Page 3 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 1 I-55, Appendix J] x. Dischazges 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 discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. Planning Director, County of Hawaii March 10, 2006 Page 4 The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. WORD:REZ 06-000038.at SidneyFuke, °lann;ng Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 - ~ ? ? arming • Variance • Zoning TeleQhone: (808) 969-7522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits PL1lA.iNi~i'v' i~~~jR~,~t~~~EeanonmenialRepods Apri16, 2006 CQUNIY Or (-i1~'N/All Mr. Christopher Yuen, Director County Planning Department 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 06-00038) -Guy Nakao Ponabawai, Hilo. HI. TMK: 2-3-37: 009 Thank you for providing me with a copy of agency comments to date on this matter. We note that the Police Department did not anticipate "any significant impact to traffic and/or public safety concerns." Relative to the Fire Department's comments, the requirements for fire flow and access roads will be addressed and complied with in conjunction with the building pernut processes. All required improvements will be implemented prior to occupancy of any use within the subject property. In response to the State Department of Health's (DOH comments, although proximate, the Alenaio Stream is not adjacent to the subject site. As such, the requirements of a National Pollutant Discharge Elimination System (NPDES) permit would probably not apply. However, an Underground Injection Control (CTIC) pernut will probably be needed to address any planned drainage improvements within the proposed site. All of those permits will be complied with during the plan preparation and construction phase of this project. During the construction phase of this project, the applicant's contractor will comply with the required noise, dust control, and related provisions of the DOH. Furthermore, the applicant's proposed septic system would be in compliance with the DOH's requirement. As commented by the Department of Public Work, please be informed that the applicant intends to construct a curb, gutter, and sidewalk section fronting the subject property. These improvements will also include the required street lights and traffic control devices fronting the property. The applicant's intent is to have a single access from Ponahawai Street. Furthermore, the applicant intends to have its engineers and contractors comply with the appropriate grading requirements prior to and during the construction of the required improvements. These also include the preparation of a drainage plan, if necessary, and its implementation to address project-generated water. EXHIBIT ~1304'~ Mr. Christopher Yuen, Director April 6, 2006 Page 2 Relative to the Department of Environmental Management's comments, the site is presently void of any structures. However, there are some trees on the property. For the most part, the trees will be bulldozed and mixed into the ground. During the construction phase of this project, construction waste will be disposed off in an approved County landfill site and not at any transfer stations. Finally, the Department of Water Supply noted that water could be made available for the project. The applicant would be willing to secure the required water commitments, should this rezoning application be approved; and subsequently, design and construct a water system meeting with the approval of the Department of Water Supply. The applicant's engineer will be meeting with the Department to address the £ue-flow requirements. We trust that the foregoing adequately addressed the agency comments. If not or should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. erel~~ ~ S M. FUKE Planning Consultant Copy -Guy Nakao wf enclosures via FAX RNaksoRFZ.doc - 6/18/07 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION GUY NAKAO CHANGE OF ZONE APPLICATION (REZ 06-000038) 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 applicant is requesting a change of zone from an Agricultural 1-acre (A-la) to a Neighborhood Commercia120,000 square foot (CN-20) district to construct aone- story, 2,392-squaze foot physical therapy office building. The proposed facility will consist of waiting and reception areas, office, examination rooms, gym and restrooms. Twelve parking stalls will be provided adjacent to the building. The reaz portion of the property maybe developed for additional future medical or office-related uses. In order to consider an area for any type of zoning designation, the applicable goals, policies and standazds of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similaz azeas 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. Therefore, the requested Neighborhood Commercial zoning is consistent with the Medium Density Urban designation on the LUPAG Map for this area of Hilo. 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 commercial and agricultural uses. The adjacent property makai of the site is vacant, and mauka of the project site is asingle-family dwelling under construction. This property (TMK: 2-3-37: 11, Jason Pittulo and Nancy Hamada) as well as another pazcel (TMK: 2- 3-37: 17, Guy Miller) were subjects of recent rezonings from A-la to CN-20 and RM-4, respectively. The requests are currently pending at the County Council. The Ka Waena Lapaau medical office complex is located in close proximity to the subject property 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 of the property. The Church of Jesus Christ of Latter Day Saints, allowed by Use Permit No. 199 in April of 2004, is located on the north side of Ponahawai Street. An orchid nursery is also located in close proximity to the property. 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. According to the Flood Insurance Rate Maps (FIRM), the project azea is located in Zone "X," azeas determined to be outside of the 500-year flood plain. The project site has been previously used for sugar cane but has been graded. The presence of any known rare, threatened, or endangered species or endangered floral and fauna. species is, therefore, remote. Likewise, the existence of archaeological sites within the property is unlikely. By letter dated February 20, 2006, the applicant requested a determination of "no effect." The property fronts Ponahawai Street, which has aright-of--way width of 60 feet -2- with a 24-foot wide pavement and 4-foot wide grassed shoulders. A No Vehicular Access 10-foot wide Planting Screen Easement (Document No. 2001-073886 dated may 17, 2001) is identified along Ponahawai Street fronting the property. As noted by the applicant, "to minimize potential traffic movement conflicts along Ponahawai Street, the applicant will be limited to an approved access via an easement on the adjoining property makai of the subject site." The adjoining property owner has agreed to allow unrestricted access through this 25-foot road and utility easement identified as "RU-7". The applicant intends to construct a 20-foot wide paned private roadway from Ponahawai Street to the entrance of the project site. The applicant is also amenable to providing curb, gutter, and sidewalk improvements fronting the property along Ponahawai Street. The Department of Public Works (DPW) has recommended that the applicant provide full improvements to the project's frontage along Ponahawai Street wnsisting 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 fue services are available less than one mile from the site. County water is available from an existing 6-inch waterline fronting the property along Ponahawai Street. The property is not currently serviced by the County sewer system. The applicant proposes to dispose of wastewater in a septic system meeting the requirements of the Department of Health. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. -3- In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka :4ina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. By letter dated February 20, 2006, the applicant requested a determination of "no effect" from the State Department of Land and Natural Resources historic Preservation Division. As of this writing, the DLNR-HPD has not provided any comments. • The valued cultural, historical. and natural resources found in the rezoning area: According to the applicant, there are no valued cultural, historical and natural resources found in the rezoning azea. The property was previously used for sugar cane. • Possible adverse effect or impairment of valued resources: Given the scope of work previously conducted and the property's urban setting, no known rare, threatened, or endangered species aze known to inhabit the parcel or are expected to be discovered on the site. • Feasible actions to protect native Hawaiian ri ts: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the request to reclassify the property from an Agricultural 1-acre (A-la) to 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- CNakaoREZ.do~6/18/07 GUY NAKAO CHANGE OF ZONE APPLICATION (REZ 06-000038) CONDITIONS OF APPROVAL A. The applicant, 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 applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. C. To meet the fire flow requirements of the proposed change of zone, the existing waterline shall be upgraded andJor modified to obtain the 2,000-gallons per minute fire-flow requirement for the proposed uses as required by the Department of Water Supply. Improvements shall include, but not be limited to 1) installation of a second 8-inch waterline along Ponahawai Street from Komohana Street (approximately 400 feet) that will connect to the existing 8-inch and 6-inch waterlines running parallel to each other; and 2) a connection between the 8-inch and the 6-inch waterlines to create a loop in the water system. D. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. 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 applicant shall provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. F. Access from Ponahawai Street shall be from the private easement ("RU-7") located adjacent to and east of the property. A minimum 20-foot wide pavement shall be constructed within the private easement from Ponahawai Street to the project's driveway entrance. G. Install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. H. The applicant 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 nmoff 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 azchaeological cleazance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. M. To ensure that the Goals and Policies of the Housing Element of the General Plan aze implemeirted, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval or final subdivision approval for any new residential structures. N. If the applicant, successors, or assigns develop residential units on the subject property, the applicant shall make its fair share contribution to mitigate the potential regional -2- impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (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 units) shall be allocated as follows: 1. $3,281.93 per multiple family residential unit ($4,999.91 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. 5103.73 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 (5476.39 per single family residential unit) to the County to support fire facilities; 4. $142.21 per multiple family residential unit ($208.57 per single family residential unit) to the County to support solid waste facilities; and 5. $2,806.46 per multiple family residential unit ($4,442.50 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. -3- b 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 applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. Q. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the apphcant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -4- J~,tY Oi N,~' ~'L~ COUNTY OF HAWAII STATE OF HAWAII ~ YeM ~ t~ Of •M~~`! BILL NO. ORDINANCE NO. (PLANNING DEPARTMENT) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDTTIOI~, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -1 ACRE (A-1 a) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-037:009. 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 (CN-20): Beginning at a point at the north comer of this parcel of land being also the northwest corner of Lot 3 and on the southeasterly side of Ponahawai Street the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 708.02 feet South and 807.37 feet East and running by azimuths measured clockwise from true South: Thence along Lot 3, along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 1. 277° 30' 28.28 feet; 2. 322° 30' 425.00 feet along Lot 3; 3. 52° 30' 100.00 feet along Lot 3; 4. 142° 30' 445.00 feet along Lot 4 to a point at the southeasterly side of Ponahawai Street; -1- 5. 232° 30' 80.00 feet to along the Southeasterly side of Ponahawai Street to the point of beginning and containing an area of 1.020 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which 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 declazed 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- RS-LS W ~ -7.5 Z A-fa S- 5 RM-4 ~ A-ta AGRICULTU (A-1a)TO 3 NEIGHBORHOOD CO ERCIAL C •20 1.020 ACRE RM-4 OPEN G F R -7.5 Ada v_ A a RS-7.5 ~ A-fa RS-7.5 708.02 S ° 807.37 E RS- 5 "HALAI'~ Ada A-fa RS-7.5 C d0 CNdO RS•7.5 S- CN-20 RS-L5 CN-f0 A-ta HUALI PL kOa/0/{ANA ST FROJECT Ay DISTRICT A-ta RS 7.5 RS- . PROJECT -f R -fd DISTRICT OHUKEA ST 0 c N PROJECT DISTRICT •10 5-10 aao zao o aeo sso ~ aao ~ szo z,a~oeet 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 (A-1 a) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-3-037:009 Date: March 23, 200 EXHIBIT "A" (Guy Nakao:1200)