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HomeMy WebLinkAboutCOM 0364.000 2008-2010 »,V a, M1 William P. Kenoi tih'r William T. Takaba Mayor • • Managing Director ;r Wally Lau Deputy Managing Director County of Hawaii 891 Ululani Street • Hilo, Hawaii 96720-3982 • (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 May 11, 2009 N C' r~ Honorable J Yoshimoto, Chairman 5 and Members of the County Council z - County of Hawaii - - - 333 Kilauea Avenue Hilo, HI 96720 --7.1 3 Dear Chairman Yoshimoto and Members: V -v Change of Zone Application (REZ 09-000092) Applicant: Beth-An and Cary Nishijima Request: RS-10 to MCX-20 Tax Map Key: 2-2-35:1 and 103 Change of Zone Application (REZ 09-000090) Applicant: Dr. Trevor Rodrigues Request: RS-10 to MCX-20 Tax Map Key: 2-2-50:43 ?Change of Zone Application (REZ 09-000091) Applicant: Estrella C. Acasio Request: RS-10 to MCX-20 Tax Man Key: 2-2-35:6 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. Sincerely, William P. Kenoi Mayor 3 (O + f. Comm. No.~ Enclosures Ref. To: cc: Planning Department Ref. Date MAY 2^ 009 <w\2;g~ „VV Of County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Haw i'i 96720 Phone (808) 961-8288 Fax(808)961-8742 May 11, 2009 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2nd Floor ~C Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 09-000091) CT1 Applicant: Estrella C. Acasio Request: RS-10 to MCX-20 Tax Mn Key' 2-2-35:6 The Planning Commission, after a duly held public hearing on May 1, 2009, voted to recommend for your approval the proposed legislative bill for a change of zone from a Single Family Residential -10,000 square feet (RS-10) to an Industrial Commercial Mixed -20,000 square feet (MCX-20) district for approximately 22,900 square feet of land. The property is located on the east side of Laukapu Street approximately 200 feet south of the Laukapu Street and Hualani Street intersection, Waiakea Houselots, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a change of zone from Single-Family Residential- 10,000 square feet (RS-10) to Industrial-Commercial Mixed-20,000 square feet (MCX- 20) to convert an approximately 1,014 square foot dwelling into a real estate office. The estimated cost of the project is $5,000.00. Hawaii County is an Equal Opportunity Provider and Employer 4 The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential 10,000 square foot (RS-10) to Industrial-Commercial Mixed 20,000 square foot (MCX-20) zoned district will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Industrial on the LUPAG Map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The proposed MCX zoning would be consistent with the Industrial designation on the LUPAG Map for this area of Hilo. The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP) adopted in 1975 suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. The General Plan specifically identifies Waiakea Houselots for industrial/commercial inixed uses. The property is a relatively level approximately 22,900-square foot parcel located on Laukapu Street in the Waiakea Houselots. A 1,014 square foot single family dwelling, built in 1929, exists roughly in the center of the parcel. The land uses in the immediate area are a mix of commercial, residential and industrial uses. Commercial and/or industrial uses nearby include De Lima Plumbing to the northeast and Big Island Candies to the southwest. Adjacent properties are zoned ML-20, RS-10 and CG-20. There are single family dwellings located immediately to the north and south of the subject property. All utilities and services are available to the site. Access to the project site is via a 12-foot wide paved driveway from Laukapu Street, which is classified in the City of Hilo Zone Map as a collector with an existing right-of-way width of 40 feet. The Department of Public Works (DPW) recommends full improvements to the property's frontage along Laukapu Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk along with any utility relocation. These improvements will be located within a 5-foot wide future road widening strip, which will be subdivided and dedicated to the County. This recommendation will be included in the conditions of approval. County water is available to the site. The existing dwelling is currently connected to the County sewer system. Solid waste will be handled by commercial haulers and the applicant shall prepare a Solid Waste Management Plan. Electricity and telephone services are available to the site. Police and fire services are available in Hilo. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", an area determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 The applicant has stated that "the subject property does not have any archaeological, cultural, or historic sites on the National Register or Hawaii Register." No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The property is located in an urban setting and was previously cleared to construct the existing dwelling. The subject request is not contrary to Chapter 205A, Hawai `i Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located less than one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. No valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Single-Family Residential-10,000 square feet (RS-10) to Industrial-Commercial Mixed- 20,000 square feet (MCX-20) would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code is transmitted. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely,, (~~>W Rell Woodward, Chairman Windward Planning Commission Lacasio0l PC Enclosures cc: Estrella C. Acasio Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel y--~ BAcasioREZ.dm-3/19/09 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ESTRELLA ACASIO CHANGE OF ZONE APPLICATION (REZ 09-91) Estrella Acasio has submitted an application for a Change of Zone from Single-Family Residential-10,000 square feet (RS-10) to Industrial-Commercial Mixed-20,000 square feet (MCX-20) district for approximately 22,900 square feet of land. The property is located on the east side of Laukapu Street approximately 200 feet south of the Laukapu Street and Hualani Street intersection, Waiakea Houselots, Waiakea, South Hilo, Hawaii, TMK: 2-2-35: 6. PROPOSED ACTION 1. Request: Change of zone from Single-Family Residential-10,000 square feet (RS-10) to Industrial-Commercial Mixed-20,000 square feet (MCX-20) to convert an approximately 1,014 square foot dwelling into a real estate office. The applicant anticipates employing five staff and operating between 8:00 am to 5:00 pm. (Exhibit 1 - Change of Zone application) 2. Cost of construction: The estimated cost of the project is $5,000.00 to build a wheelchair ramp and an accessible restroom. 3. Landowners: Ebner R. Acasio & Estrella C. Acasio. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. General Plan LUPAG Map: Industrial. 6. County Zoning: RS-10. 7. Proposed MCX Zoning: The purpose of the MCX (industrial-commercial mixed use) district is to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. ATTACH: Cairn. 364 Bill 89 O • Height limit - 45 feet. • Minimum yards - front yards 20 feet, side and rear yards, none, except where the adjoining building site is in a RS, RD, RM or RCX zoned district. Where the side or rear property line adjoins the side or rear yard of a building site in a RS, RD, RM or RCX zoned district, side or rear yard must conform to the side or rear yard requirements for dwelling use of the adjoining district. 8. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Planning Commission Resolution No. I on May 21, 1975 identifies the area as RS-10. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 9. Subject Property: The property is a relatively level approximately 22,900-square foot parcel located almost directly across Laukapu Street from the Big Island Candies factory and sales operations. A 1,014 square foot single family dwelling, built in 1929, exists roughly in the center of the parcel. 10. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of commercial, residential and industrial. Commercial and/or industrial uses nearby include De Lima Plumbing to the northeast and Big Island Candies to the southwest. Immediately adjacent properties are zoned ML-20, RS-10 and CG-20. There are single family dwellings to the north and south of the subject property. 11. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava bedrock. 12. Land Study Bureau's Productivity Rating: Unclassified. 13. Noise Impacts: Existing ambient noise includes airport/aviation use, traffic, wind and foliage. Short-term noise impacts associated with the project will be temporary with compliance to all applicable State rules governing construction noise abatement. 14. Air Quality: The proposed project should not directly impact air quality in the area. The only impact to air quality would be associated with vehicular traffic to and from the site. 15. FIRM: Zone "X", an area outside of the 500-year flood plain. 16. Flora/Fauna: No professional surveys were conducted of the site. The property is o -2- O located in an urban setting and has been partially cleared of any floral/faunal resources. Therefore, there will be no impact on any non-introduced native or exotic plants. 17. ArchaeologicaUHistorical Resources: In a letter dated February 23, 2009 the Department of Land and Natural Resources determined that no historic properties would be affected by this project. This site has been previously graded and grubbed. 18. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 19. Traffic: The applicant does not anticipate a significant increase in traffic in this area due to the proposed project. 20. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 21. Access: Access to the project site is from Laukapu Street, a two lane county roadway, with an existing right of way width of 40 feet. There is a 12 foot driveway from Laukapu O Street to the site. 22. Water: County water is available to the site. 23. Wastewater: The project will connect to the County sewer line. 24. Solid Waste: Any solid waste generated by the construction will be handled by a commercial hauler. The applicant shall prepare a Solid Waste Management Plan as recommended by the Department of Environmental Management. 25. Essential Utilities and Services: Electricity and telephone services are available to the site. Police and fire services are available in Hilo. AGENCIES' AND ORGANIZATIONS' COMMENTS 26. Department of Transportation: Exhibit 2 - March 5, 2009 memo 27. DLNR State Historic Preservation Division: Exhibit 3 - February 23, 2009 memo 28. Fire Department: Exhibit 4 - February 21, 2009 memo 29. Department of Public Works: Exhibit 5 - February 20, 2009 memo 30. Department of Health: Exhibit 6 - February 20, 2009 memo a _3- k 31. Police Department: Exhibit 7 - February 19, 2009 memo 32. Department of Environmental Management: Exhibit 8 - February 12, 2009 memo 33. Department of Water Supply: Exhibit 9 - March 16, 2009 memo AGENCIES -NO COMMENT 34. DLNR Land Division AGENCIES - NO RESPONSE 35. Civil Defense Agency PUBLIC COMMENT 36. None at the time of this writing. 0 o -4- CHANGE OF ZONE APPLICATION, - COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Estrella C. Acasiioo APPLICANT'S SIGNATURE: 'I+~ ct' C^ Qc_cw" d DATE: 02/02/09 ADDRESS: P.O. Box 514, Papaikou, HI 96781 LIST APPLICANT'S INTEREST IF NOT OWNER: n/a LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Estrella C. Acasio PHONE:(Bus.) (808) 935-7779 (Res.) (808) 964-5135 (Fax) (808) 935-9128 LANDOWNER(S): Elmer R. Acasio & Estrella C. Acasio LANDOWNERSIGNATURE(S): f DATE: 02/02/09 (May be by letter) 0 LANDOWNER(S) ADDRESS: 27-232 Mamalahoa Hwv, Papaikou, HI 96781 P.O. Box 514, Papaikou, HI 96781 REQUEST: RS-10 TO MCX-20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 3/2-2-35-6 STREET ADDRESS OF PROPERTY: 557 Laukapu Street, Hilo, Hawaii 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 22,900 sq. ft. AGENT: Estrella C. Acasio ADDRESS: P.O. Box 514, Papaikou, HI 96781 TELEPHONE:(Bus.) (808) 935-7779 (Res.) (808) 964-5135 (Fax) (808 935-9128 1 Please indicate to whom original correspondence and copies should be sent. 0 ORIGINAL: COPIES: Planning Dept. Exhibit I 'rTACHMEN`i, Commercial, RN;, Resort, & Industrial. PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? NO If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? N/A b. Into what lot sizes? N/A C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? N/A If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you 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 C1. Keep it? YES e. other (please state) N/A C, if y,--u 1_r't=,n't co do eithar a, J, or c, plea.°ic elaborate on the kind of plans the other party has. Please, also, include in your answer approxira,.'..ety how soon. after approval of your rezoning do you expect to ,iansfer the subject land to another party. N/A 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. The building is be used in its present condition. A wheelchair ramp may be added. 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. N/A -2- 0 `4avt, y cu P_i' Utap=.:~ anv study w ich discusses the env ronmental impacts your request mould nave on the surrounding area anuior the County'? NO If so, please elaborate on your findings in the space provided below. N/A 6. Are there any buildings on the subject area? YES If so, what kind? A SINGLE FAMILY HOUSE. What do you intend to do with those buildings if your request is approved? IT WILL BE USED FOR A 2-3 PERSON REAL ESTATE OFFICE. 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? N/A -3- t To 'OU_ tl').Fj- Leen any ~lood.ing and/or drainage pr'obleia on the sWID]ect area? i1G 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? N/A Is the road adequate for the proposed traffic volume or load? YES 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? yes No a. Schools x b. Roads X C. Sewer x d. Drainage x e. Police Protection x f. Fire Protection x X 9. Recreational Facilities x h. Recreational Facilities i. N/A -4- For those chac'2ad `Yes, n please elaborate wha;, -_`/p_, or kind's Of i,nprcvement.s and/or assistance are needed. N/A 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No. The property was cleared and graded and used for residential use in 1964 by previous owners. It has been used for that purpose ever since. We have obtained a "no affect" letter from the DLNP.. Signature: j~,2zt., L-O Address: © !%Ox Siy pofciKoc(, gb70/ Telephone: 7D$- 35 777 Date: FebvU~r~ d, -2009 -5- 6338A/50A P. D. 5/84 APPLICATION FOR COUNTY REZONING (RS-10 to MCX-20) Elmer and Estrella Acasio Tax Map Key 3rd 2-2-035-006 February 2, 2009 Background and County Environmental Report TMK 3rd 2-2-035-006 0 Background and County Environmental Report A. Subject Request Background - Many small businesses across the country, including Hilo, are experiencing competitive disadvantages due to the spread of international franchise and "big box" operations. Independent realtors also face this kind of extreme competition in the form of franchises which enjoy international marketing and support. In East Hawaii, the leading real estate firms are Re/Max (one franchise in Hilo and one in Pahoa), Century 21 (two Hilo franchises), Prudential, Coldwell Banker, Realty Executives and ERA. One of the only ways an independent realtor can hope to compete, is by operating from an office which it owns. Because of limited resources, the most feasible option is to convert a residence in an appropriate area, into a small office. The subject property is owned by Mr. and Mrs. Elmer Acasio. Mrs. Acasio has been a licensed realtor for 25 years. She is one of the handful of realtors in East Hawaii who speaks Illocano and who provides invaluable service and advice to members of the Filipino-American community. In 2006, after many years of working for another company, she decided to open her own firm which provides a range of services for her clients. 0 The Applicant requests the rezoning of the parcel located at 557 Laukapu Street in the Waiakea House Lots, South Hilo, Hawaii from RS-10 to MCX-20 in order to renovate an existing structure which will be used to house her real estate office. This will allow her to invest in her business and compete with the franchises which are now dominating the East Hawaii market. The parcel (Tax Map Key 3`d 2-2-035-006) has an area of 22,900 square feet, more or less, and it is the site of a structure consisting of 1,014 square feet, which was built in 1964 as a single family dwelling. Over the years, a number of parcels in the immediate vicinity of the subject property have been rezoned. The land uses is this area are a mix of commercial and industrial. The subject property almost directly across Laukapu Street from the Big Island Candies factory and sales operations. At least two other real estate firms operate from converted residences in this area (Merle Lam and Company on Hinano Street and Big Island Land on Manono Street.) Within the immediate area are at least four large real estate firms Tracy Lewis, Century 21, Realty Executives and Re/Max on Kanoelehua Avenue). Office space is presently in short supply in the Hilo area. The Applicant is being required to vacate from her present location. Renovation and improvement of the existing structure will provide a permanent location for her four person (two fulltime agents, one part-time agent, one fulltime office person and one half time office person) firm - not all are there at the same time, agents generally do not come in unless they have to meet a client - most of the tirne only two people in the office. Background and County Environreital Report TMK 3rd 2-2-035-006 O The owner is anticipating a total construction cost of about $5,000 to build a wheelchair ramp and an accessible restroom. Construction will commence upon obtaining the required rezoning approvals and County/State permits required for construction, which will not exceed 30 days. All parking areas for the facility will be provided for on site per the Planning Department's regulations. The owner does not anticipate an increase in traffic in this area. The amount of employees and visitors will have negligible impact on the current traffic load. Laukapu Street and Kanoelehua Avenue should not be impacted due to traffic associated with this business,. The two fulltime and one part-time realtors working for the firm are independent contractors who do not have assigned hours. They generally arrive and leave the office between normal business hours, Monday through Friday. It is estimated that the realtors probably spend about 20 hours per week in the Office. There will be almost no impact to the current traffic conditions on Laukapu Street and Kanoelehua Avenue. The existing off-site infrastructure includes an existing County water system, County sewer system, paved County standard road, electricity, telephone service, and cable service. The on-site infrastructure will include utilizing the existing water meter, connecting to the County sewer system, grading and paving of the parking area, on-site storm water drainage system if required by the County, and connection to the electric and phone system along Laukapu Street. O There are currently no immediate plans for road improvements to this area of Laukapu Street B. Conformance with State/County Plans The subject site is designated Urban by the State Land Use Commission. No State Land Use Permitting action is required. The present zoning designation is RS-10. The proposed re-zoning of this site complies with the goals, policies and objectives of the County General Plan Land Use Pattern Allocation Guide Map. The area in which the site is located is designated as Low Density Urban Industrial. Within this designation, mixed use industrial and commercial uses are allowed. It should be noted that there are other properties in this vicinity that have the same General Plan Designation and are zoned MCX, CG, CV & CN, which is similar to the applicant's requested zoning. The Hilo Community Development Plan (CDP) was adopted by the Planning Commission and by Council Resolution in 1975. It was intended to further define the General Plan and provide some short and middle range implementation strategies of the General Plan. 0 Background and County Environmental Report 3 TMK 3rd 2-2-035-006 It should be noted that this Plan was adopted over thirty years ago, and the General Plan has been revised three times since. During this period, there have also been significant land use developments in the City of Hilo, such as the shopping area in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the education complexes, and expanded commercial/industrial uses along the southern portion of the Waiakea House Lots area. These developments my render many of the land use concepts exposed in the CDP somewhat obsolete. The site of the proposed change in zoning application is not in a Special Management Area. C. Physical Characteristics and Environmental Setting of the Property and Surrounding Area The subject property is located at 557 Laukapu Street. The subject property is located in the Waiakea House Lots. The property consists of 22,900 square feet of land area and is currently unimproved. The elevation of the site is approximately 5-10 feet above mean sea level. The mean annual rainfall is about 136 inches per year. The wetter months tend to occur between October and April. The mean annual temperature is about 73° F. Wind patterns are generally trade winds (northeasterly) during the day and westerly during the evenings. O The property is generally flat. The US Department of Agriculture Soil Survey Report classifies the soil as Keaukaha Series (KFD), which is extremely rocky muck, well drained, thin organic soils overlying pahoehoe lava bedrock. Runoff is medium, and the erosion hazard is slight. The site is part of a built up urban area, therefore, the Land Study Bureau provides no soil classification of the site and surrounding area. The USGS map of Lava Hazard Zone for the Island of Hawaii classifies this area as a Lava Hazard Zone 3, as is the case for all of the City of Hilo. The subject property is located about 1 mile from the coast line. The US Corps of Engineers Flood Insurance Rate Map (FIRM) designates the site in Zone X, areas outside of the 500 year flood plain. There is no existing drainage way on the site, and there is no anticipation that any new drainage ways will be required. The subject property is located about one block from Kanoelehua Avenue, a major roadway, and is almost directly behind Big Island Candies factory. The ambient noise 0 Background and County Environmental Report 4 TMK 3rd 2-2-035-006 level from these places can be high. The site is also near the Hilo International Airport and is subject to the noise associated with the incoming and outgoing flights. Given these factors, the applicants proposed zone designation change should have no additional noise impact to the surrounding properties. The proposed change in zone designation will not have an impact on the air quality of the area. The proposed project will not house industries that are air pollutant in nature, therefore, there will not be any additional air pollution generated by any activities at this site. There will not be any additional dust impact to the surrounding properties as a result of this development, between the paved areas for parking and the required landscaped areas, there will be no unimproved portion of the property that will create or increase the dust that may already be generated in the surrounding area. The subject property does not have any archaeological, cultural, or historic sites on the National Register of Hawaii Register. The subject property is cleared of any floral/faunal resources; therefore, there will be no impact on any native or exotic plants. The property is located about 1 mile from the coastline and is in a developed area; therefore the proposed change in zone designation and potential development will have no scenic or coastal resource impact. There are no traditional or customary native Hawaiian rights that are exercised in the area of the proposed change of zone designation. There is no existing public access to or along the shoreline or the mountain areas and no knowledge of current or past public access being used. The social settlement pattern for the area is a mixture of residential properties and re- zoned commercial properties; the proposed change of zone designation is consistent with the current social settlement pattern of the area. The proposed project is located within the City of Hilo and is afforded all the economic resources available in the Hilo area. These include access to an International Airport, the Port of Hilo, shopping, police and fire protection, a work force, roads, public utilities, etc. There is no anticipation that this project will be limited by or limit the existing economic resources of the area. It is anticipated that the proposed building will represent a small decrease in office space in Hilo adding to and enhancing the Economic Resources in the area. Background and County Environmental Report rJ TMK 3rd 2-2-035-006 The proposed project should not have an effect on the current land values in the area, many properties have already been re-zoned to commercial/industrial designations. Any increase in property values in the area has already been realized and any increase in land values will be associated with how strong the real estate market is in Hilo, not due to this proposed development. The surrounding land uses consist of some single-family residences, ohana lots, commercial properties, duplexes, industrial, and churches. The commercial properties include churches, offices, restaurants, convenience stores, gas stations, etc. The industrial properties include iron works, automotive repair, electronics, contractors, manufacturing, etc. Businesses within 1000 feet of this property include Aloha Petroleum, Tracy Lewis, Teminix, Kavana Homes, Concept Construction, Concept Development, Isemoto Construction, Able Electric, The Pet Hospital, Hawaii Forklift, Hilo International Airport, Hawaii Used Cars, Delux Paints, James Ishii Contractor, Big Island Land, T & C Realty, HPM, Realty Executives, Itsu's, and many other small business. Industrial zoned properties have yet to be developed. The proposed development is consistent with the current surrounding land uses. The surrounding zoning includes MCX, CG, CV, CN, R, and RM. The proposed development is consistent with the current surrounding zoning. D. Public Facilities and Services / Laukapu Street has a right of way of approximately 20-30 feet, with pavement width of approximately 2 lanes on either side. We do not anticipate vehicular movements to and from the site to be substantial. Generally, they will be associated with employee movements, and will occur between the hours of 8:00 am and 5:00 pm. Client traffic will be very minimal and will occur during business hours. The County water line fronts the subject site. The site is serviced by a 5/8" water meter. There is no anticipation for any additional water use, however, if the need arises, there is adequate water supply and any meter upgrades required by the Department of Water Supply will be complied with. There is an existing sewer main and sewer laterals fronting the property. The proposed new structure will be connected to the existing sewer lateral. All solid waste generated by the construction of the new structure will be removed and handled by a commercial hauler and disposed of in an authorized landfill. All solid waste associated with any operation will be handled through a commercial hauler and disposed of into an authorized landfill. The size of this development is very small; therefore, this development will have little or no impact on the existing solid waste situation. ~J Background and County Environmental Report 6 TMK 3rd 2-2-035-006 O There is no anticipation that additional fire or police protection will be required for this development. There are two fire stations located within 5 minutes of the project location and the police station is located less than 3 miles from the site. There is no anticipation that there will be a need for additional schools or parks due to this development. The proposed development is not a residential development. Telephone, electricity and cable are available along Laukapu Street. The current operation utilizes these utilities, and this is not expected to change with the new development. E. Environmental Assessment and Analysis The intent of the project is to provide for long term sustainability, small business opportunity without the need for new development. The renovation and improvement of an existing structure will have minimal and short term effect on the environment. The reuse of the existing structure, rather than the construction of a new dwelling, also helps advance important environmental goals. There are no foreseeable negative impacts associated with this development due to the size of the proposed development. The proposed development will enhance the area by providing for paved parking and landscaping. The establishment of small businesses reduces the need for the construction of large buildings to house realty firms much larger in size. Operating from a small building owned by the business gives it an opportunity to compete with the international franchises which have begun operating on the Big Island, especially in Hilo (Re/Max, Century 21, Coldwell Bankers, ERA, Prudential). There are no irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented. The land has already been developed. F. General Discussions The LUPAG map designates the site as Industrial, a designation that allows for the proposed zone change to MCX-20. There are several other properties within close proximity to this site that currently have similar zoning as is being requested. 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: o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the O physical and social environments of the island of Hawaii. Background and County Environmental Report 7 TMK 3rd 2-2-035-006 O o The County of Hawaii shall strive for diversity and stability in its economic system. o 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. o The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. o The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. This request will allow for an existing business to flourish and this helps in the diversification of the local economy. Minimal to no impact on the County's natural and social environment is expected as a result of this development. Land use elements. o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Zone urban and rural type of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. o Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. 0 o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environments. Land Use - Commercial Development o Provide for commercial developments that maximize convenience to users. o Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities and neighborhoods. Policies o Achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. o Locate industrial area convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. O Background and County Environmental Report 8 TMK 3rd 2-2-035-006 o Improve the aesthetic quality of industrial sites and protect amenities of adjacent areas by requiring landscaping, open spaces, buffers zones, and design guidelines. o Industrial and commercial development shall be located in area adequately served by transportation, utilities, and other essential infrastructure. o Industrial-commercial mixed use districts shall be provided in appropriate locations. o Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. o Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. o Development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. o Encourage commercial areas to develop on an axis perpendicular to the highway. Standards o Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. ~J o Off-street parking and loading facilities shall be provided. o 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. 0 Preference shall be given to commercial lands with reasonable level topography. Courses of Action (South Hilo) 0 Continue to pursue the rehabilitation, renewal, and redevelopment of downtown Hilo. Continual improvement of other existing commercial areas must also be assured. o Commercial zoned lands in proximity to the University of Hawaii at Hilo shall be allocated as the need arises o Appropriately located commercial lands shall be allocated as the need arises. As the City of Hilo continues to grow, there is a need for more commercially zoned lands. This is evident by some of the recent commercial re-zonings and their development on the outskirts of the traditional central business core of Hilo. This O request also reflects this demand. Background and County Environmental Report 9 TMK 3rd 2-2-035-006 a The subject site, in addition to attempting to meet this need, also fulfills other policies and standards articulated in the General Plan as pointed out above. The site is already serviced by an adequate infrastructure. County water and sewer lines are already available. Police and fire protective services are available within two miles of the sites. This development should thus not require additional public services to be provided. The site does not have any on-site development constraints. The land is relatively level, and there are no flood or other hazardous conditions that would render the site a developmental problem and pose a burden to the public agencies. Being developed, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Likewise, surface and subsurface archaeological remains do not appear to be likely on this site. The use is also compatible with the surrounding area. Although there are a few residences in the area, there are many businesses in the area also. There are churches, industrial buildings, commercial complex, apartments, restaurants, office buildings, and manufacturing facilities all within 500 feet of the site. The area is currently undergoing a change from residential to commercial; therefore, this project is compatible with the current trend in the area. 0 0 Background and County Environmental Report 10 TMK 3rd 2-2-035-006 g~ dY N P,°irN n F 7 si [F i rr<r~sr a '~z \ _ JnN Jnv vo r/J rn>'JN °i ,,4tin Faf. ~J ee I r~ ,O Y5~ . 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F p- o_ p a J r p p ~ V SCALE: 1 IN. _ 30 FL n fn ~ O p_ p a ~ o0 0 3 n LAUKAPU AVE. (F)180'04'40" - 99.83' zm (R)180 00'00" - 100.00' ° m z ~ ,170 1 Pm m I~ ^ NDV913S ONiminB OZ p a 0 z J c~ 0 O : D ~ m r x ~m 'm.' o U 1-3 Q1 m :E `C,. O v A O J Cp Z0 c I a_ oo ~a ~ 00 U p LINDA LINGLE <F o r Mq BRENNON T. MORIOKA GOVERNOR DIRECTOR F W i ? Deputy Directors MICHAEL D. FORMBY !oe FRANCIS PAUL L KEEN O { Iem;~.np•oe~` BRIAN H. SEKIGUCHI JIRO A. SUMADA STATE OF HAWAII - IN REPLY REFER TO DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 STP 8.3150 March 5, 2009 Ms. Bobby Jean Leithead-Todd Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Ms. Leithead-Todd: Subject: Estrella C. Acasio Change of Zone Application (REZ 09-000091) TMK: 2-2-35: 6 Thank you for requesting the State Department of Transportation's (DOT) review of the subject project. DOT understands the subject application will allow the operation of a 2-3 person real estate business office from a residential dwelling. DOT does not anticipate any significant, adverse impacts to nearby State highway facilities from the subject zone change. However, DOT notes the increase in individual zone change applications (residential to mixed commercial) in this area and recommends that Hawaii County begin to review and monitor these developments closely. Eventually, the cumulative increase of generated traffic will require roadway mitigation measures on the State's Kanoelehua Avenue. Therefore, Hawaii County should consider imposing a condition requiring applicants/developers for land use approvals to participate in cost-sharing arrangements for any necessary roadway mitigation measures on DOT highway facilities. DOT appreciates the opportunity to provide comments. If there are any questions, please contact Mr. David Shimokawa of the DOT Statewide Transportation Planning Office at (808) 587-2356. Ver tru ours, 0 BRENNON T. MORIOKA, PH.D., P.E. SCANNED Director of Transportation MAR 12 2099 Planning ~3= ~ By:051085 Exhibit-2--_. LAUPA H T IELEE LQNDAJDALN'GLE /fi O c ~~W'S RaArzuo uNnN10lN*NR9k aesouacss 1\'`.//1 GOVLIFNRWM ( 5939 v~1 fCn1a1RS10 V N£'OURCE tirvnGEnreNi r / ( RUSSELLY TSUR Fr~ a d ~1O N~'W EEN ."WAHARA I TOR ER qqq AQIIAi1C RES011R[ES Y BOATMG OCEAN UCRRATION aNaeaNQE cQlrvEV.sucrs fOAf1.fCA EON RESONRCEMANA6EAIENT - [ONSERVATION ONANDCOASiLL1AN0$ STATE OF HAWAII CONSEaVATONANORESOURCRSENEORCEMEN OMEERM Srumoll gP DEPARTMENT OF LAND AND NATURAL RESOURCES `H°ISTOv CC`vvANOESER"norv KAXOOLAWE I$LANO REEERVE COAI P115510N STATE HISTORIC PRESERVATION DIVISION srArE eAUs 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 February 23, 2009 BJ Leithead Todd, Acting Deputy Planning Director LOG NO: 2009.0883 County of Hawaii Planning Department DOC NO: 0902MD32 101 Pauahi Street, Suite 3 Archaeology Hilo, Hawaii 96720-4224 Dear Mr. Todd: SUBJECT: Chapter 6E-42 Historic Preservation Review - Request for Comment on a Change of Zone Application (REZ 09-000091) Waiakea Ahupua' a, South Hilo District, Island of Hawaii TMK: (3) 2-2-035:006 Thank you for the opportunity to comment on the aforementioned project, which we received on February 19, 2009. The owner intends to open a real-estate office in her home which will not require structural changes other than those necessary for ADA access. We understand the building was constructed in 1964, and as it is not over 50 years old is not under our jurisdiction. We determine that no historic properties will be affected by this project because: ? Intensive cultivation has altered the land ® Residential development/urban4ation has altered the land ® Previous grubbing/grading has altered the land ? An accepted archaeological inventory survey (AIS) found no historic properties ? SHPD previously reviewed this project and mitigation has been completed ® Other: SHPD previously provided the owner's representative with a No Effect letter (Log No. 2008.5024, Doc No. 0812MD20). In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and lava blistersibubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933- 7653. If you have questions about this letter please contact Morgan Davis at (808) 933-7650. Aloha, j~~?ax~ Nancy McMahon, Deputy SHPO/State Archaeologist z = F.'' and Historic Preservation Manager State Historic Preservation Division Planning Dept. Exhibit dl i- William P. Kenos Mayor Darryl J. Oliveira Fire Chief 0 Glen P. I. Honda °••oi'x> D¢PUry Fire Chief County Df'a Wait FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 981-8394 • Fax (808) 981-2037 February 21, 2009 TO: BJ LEITHEAD TODD, ACTING DEPUTY PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000091) APPLICANT: ESTRELLA C. ACASIO REQUEST: RS-10 TO MCX-20 TAX MAP KEY: 2-2-35:6 Although the proposed project will present with little to no change in existing structures or impact, the following recommendations are proposed in the event that additional development and/or expansion of the use of the property is considered: Fire apparatus access roads shall he 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 completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire- fighting or rescue operations would not be impaired. Pi.anning Dept. a IW4/, O'S0467 El Hntuni'i Corer[ty is an Equal Opporhmity Provider and Employer O BJ Leithead Todd Page 2 February 21, 2009 "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or otheffactors 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 unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus 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 turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow, for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be BI Leithead Todd Page 3 February 21, 2009 provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. 4iOLCIRA Fire Chief JCP:lk r a - DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII n DATE: February 20, 2009 / 611E TO: BJLeithead Todd, Acting Deputy Planning Director FROM: DJLepartment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000091) Applicant: Estrella C. Acasio Request: RS-10 to MCX-20 Tax Map Key: 2-2-35: 006 We have reviewed the subject application forwarded by your memo dated February 11, 2009 and offer the following comments for your consideration. All development-generated runoff shall be disposed of on site and not 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. The Zoning Map (Ordinance No. 187) classifies Laukapu Street as a collector with an existing right-of-way width of 40 feet fronting the subject parcel. Based on the proposed zoning, we recommend the applicant provide improvements to the entire frontage along Laukapu Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Department of Public Works. The improvements shall be located within any future road widening setback as established by the Planning Department. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions maybe referred to Kelly Gomes at ext.V irting Dept. S N , Exhibit ft5( R R 9 LINDA LINGLE c a „ CHIYOME L. FLIKINO, M.D. GOVERNOj2, 95DDirector of Health i t A _ 9f l1 t I SSt ~ ,yam ~.L O t _ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: February 20, 2009 TO: BJ Leithead Todd Acting Deputy Planning Director, County of Hawaii FROM: Newton Inouye W O Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 09-000091) • Applicant: Estrella C. Acasio Request: RS-10 to MCX-20 Tax Map Key: 2-2-35:6 The Department of Health does not have any objections to the proposed change in land uses. However, existing or planned land use activities adjacent to the proposed residential area should be compatible with a residential neighborhood. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The subject project is located within or near proximity to the County sewer system. All wastewater generated shall be disposed into the County sewer system. WORD:REZ 09-000091.at -SC CA IN N7F Planning Dept. Exhibit la OJMtY/ R /17.k' William P. Kenoi ' - j•'•p Harry S. Kubojiri Mayor Police Chief Paul K. Ferreira County of Hawaii Deputy Police Chief POLICE DEPARTMENT,:; 349 Kapiolani Street • Hilo,Hawaii 96720-3998 (808) 935-3311 • Fax (808) 961-2389 February 19, 2009 TO BJ LEI EAD TO D, ACTING DEPUTY PLANNING DIRECTOR FROM DEREK D P/~CO, ASSISTANT POLICE CHIEF AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000091) APPLICANT: ESTELLA C. ACASIO REQUEST: RS-10 to MCX-20 TAX MAP KEY: 2-2-35:6 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. . KV:Ili 7~li- n ing D4-; /i. a "Hawa1' i County is an Equal Opportunity Provider and Employer" F. ;05035.3s Mvv^os M~ ///William Kenoi + Lono A. Tyson Mayor Director (917u fv af('~n2ill avl DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawaii 96720 (808)961-8083.Fax(808)961-8086 htto://co.hawaii.hi.us/directory/dir envmne htm MEMORANDUM Date : February 12, 2009 To . BJ LEITHEAD TODD, Acting Deputy Planning Director From: LONO A. TYSON, Director Subject: Chang2 of Zone Application (REZ 09-000091) Applicant: Estrella C. Acasio Request: RS-10 to MCX-20 TMK: 2-2-35:6 e have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: P~EL<)\,l/ WASTEWATER COMMENTS: ( ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 / of the Hawaii County Code. r n 1 ( Other: CtArtoc 't1• CO a4eka • Paravlc(.c a:.1 t lpr'a I svtf it o w t u i4 st a6?"r-11CJ-ff1L SOLID WASTE COMMENTS: ( ) No comments (>C) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. Oo) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (fi) Ample and equal room should be provided for rubbish and recycling. (rt) Green waste 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. (uJ Submit Solid Waste Management Plan in accordance with attached uidrlinec. Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. Other: ee: swD, wwD PI-inning Dept. EXhibit,_, 9 SCANNED' rLU ! 4 ;VR Q County of Hawaii is an Equal Onoortunity Provider and Emnlover. te... /C. ~J OF William P. Kenoi Lono A. Tyson / Mayor Director 1`•..// •rr~ Ivan Torigoe • OF tl~ Deputy Director Count nf'a(val'i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961-8083 Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envmne htm February 12, 2009 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) promotes and implement recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County solid waste management facilities, and (3) predict the additional vehicular traffic being generated because of waste and recycling transfers. A qualified consultant shall prepare a suitable solid waste management plan for review by the Department of Environmental Management. REPORT The Solid Waste Management Plan will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational or maintenance phases. Waste types shall include (but not be limited to): A. Organics (including food waste and green wastes); B. Construction and Demolition; C. Paper (including cardboard); D. Metal (including ferrous and non-ferrous metals); E. Plastic; F. Special (including ash, sludge, treated medical, bulky items, tires); G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and H. Glass. 2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 3. Identification and location of the proposed waste reduction, waste re-use, recycling facility or disposal site and associated transportation methods for the various components of the development's waste management system, including the number of County of Hawaii is an Equal Opportunity Provider and Employer. Solid Waste Management Plan Guidelines Page 2 of 2 vehicle movements and associated routes that will be used to transport the waste and recycled materials. 4. The report will include identification of any impacts to County-operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be prepared for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the solid waste management plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste management plan as complying with applicable Federal, State and County of Hawai'i solid waste laws, regulations, and administrative rules. O Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808-961-8515. CONCUR: Y'~ i Lono A. Tyson DIRECTOR County of Hawaii is an Equal Opportunity Provider and Employer. WATfq EM C DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 345 KEKUANA5'A S TREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX 1808) 961-8657 March 16, 2009 TO: Ms. BJ Leithead Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000091) APPLICANT - ESTRELLA C. ACASIO REQUEST: RS-10 TO MCX-20 TAX MAP KEY 2-2-035:006 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 6-inch waterline within Laukapu Street fronting the subject parcel. The subject parcel is served by a 5/8-inch meter, which is limited to an average daily usage of 400 gallons. The Department has no objection to the proposed change of zone application subject to the applicant Ounderstanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations for the proposed real estate office, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the total estimated daily water usage in gallons per day and the estimated peak flow in gallons per minute (GPM). Based on the water usage calculations provided, if the existing 5/8-inch meter cannot accommodate the estimated demand, a larger or additional meter will need to be installed and remittance of the prevailing facilities charge, which is subject to change, will be required. If a 5/8-inch meter can accommodate the estimated demand, then the applicant may continue to utilize the 5/8-inch meter. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before water service can be activated. 3. Subject to other agencies' requirements to construct improvements within the road right-of-way ftwifg De.pt• property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. EXh I blt,_ 4. Please be informed that the existing 6-inch waterline within Laukapu Street is capable of providing a theoretical fire flow of 1,760 GPM; however, the Department's Water System Standards require that a minimum of 2,000 GPM be available at the site for fire protection for the proposed type of land use. We recommend that the applicant contact the Fire Department for any fire protection j alternatives. / SCANNED Water 4riracg6 procgrem... 0611136 1 The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discdminaflon, 'te: k&,13ireclarBlficeoFCioX Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call Ms. BJ Leithead Todd, Planning Director Page 2 O March 16, 2009 Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincer ly yours, Milt Pavao, P.E. Maager FM:dfg copy - Mrs. Estrella C. Acasio O RAcasioREZ.doc-0/ 16/04 COUNTY OF HAWAII PEANNING DEPARTMENT RECOMMENDATION ESTRELLA ACASIO CHANGE OF ZONE APPLICATION (REZ 09-911 Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director recommends that a favorable recommendation of the Change of Zone from Single-Family Residential-10,000 square feet (RS-10).to Industrial-Commercial Mixed-20,000 square feet (MCX-20) be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: . The applicant is requesting a change of zone from Single-Family Residential- 10,000 square feet (RS-10) to Industrial-Commercial Mixed-20,,000 square feet (MCX- 20) to convert an approximately 1,014 square foot dwelling into a real estate office. The estimated cost of the project is $5,000.00. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential 10,000 square foot (RS-10) to Industrial-Commercial Mixed 20,000 square foot (MCX-20) zoned district will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Industrial on the LUPAG Map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The proposed MCX zoning would be consistent with the Industrial designation on the LUPAG Map for this area of Hilo. The State Land Use designatiomfor the subject property is Urban. The Hilo Community Development Plan (CDP) adopted in 1975 suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. The General Plan specifically identifies Waiakea Houselots for industrial/commercial mixed uses. -2- The property is a relatively level approximately 22,900-square foot parcel located on Laukapu Street in the Waiakea Houselots. A 1,014 square foot single family dwelling, built in 1929, exists roughly in the center of the parcel. The land uses in the immediate area are a mix of commercial, residential and industrial uses. Commercial and/or industrial uses nearby include De Lima Plumbing to the northeast and Big Island Candies to the southwest. Adjacent properties are zoned ML-20, RS-10 and CG-20. There are single family dwellings located immediately to the north and south of the subject property. All utilities and services are available to the site. Access to the project site is via a 12-foot wide paved driveway from Laukapu Street, which is classified in the City of Hilo Zone Map as a collector with an existing right-of-way width of 40 feet. The Department of Public Works (DPW) recommends full improvements to the property's frontage along Laukapu Street consisting of, but hot limited to, pavement widening with concrete curb, gutter and sidewalk along with any utility relocation. These improvements will be located within a 5-foot wide future road widening strip, which will be subdivided and dedicated to the County. This recommendation will be included in the conditions of approval. County water is available to the site. The existing dwelling is currently connected to the County sewer system. Solid waste will be handled by commercial haulers and the applicant shall prepare a Solid Waste Management Plan. Electricity and telephone services are available to the site., Police and fire services are available in Hilo. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "Y', an area determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. The applicant has stated that "the subject property does not have any archaeological, cultural, or historic sites on the National Register or Hawaii Register." No professional flora or fauna surveys were conducted of the site. The applicant does not -3- believe that rare or endangered floral or faunal resources are on the site. The property is located in an urban setting and was previously cleared to construct the existing dwelling. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located less than one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. No valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Single-Family Residential-10,000 square feet (RS-10) to Industrial-Commercial.' Mixed-20,000 square feet (MCX-20) would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawai `i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- CAcasioREZAd 4/21/09 ESTRELLA ACASIO CHANGE OF ZONE APPLICATION (REZ 09-91) CONDITIONS OF APPROVAL A. The applicant, its 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 one hundred and eighty (180) days from the effective date of this ordinance. C. The applicant shall install a reduced pressure type backflow prevention assembly within five feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply. D. Construction of the proposed development, including the improvements listed in Condition G, shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Chapter 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai `i County Code. E. Access(es) to the property shall meet with the approval of the Department of Public Works. All driveway connections to Laukapu Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. F. A five-'foot wide future road widening strip along the Laukapu Street frontage shall be subdivided and dedicated to the County within five (5) years from the effective date of this ordinance. G. The applicant shall provide full improvements to the property's frontage along Laukapu Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Department of Public Works. The improvements shall be located within the future road widening setback. H. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. I.' All development. generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance 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 Final Plan Approval. K. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. L. Should the Council adopt a 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. M. The applicant shall comply with all County, State and Federal laws, rules, -2- d regulations and requirements. N. 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 Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- C~ .'V 01 ~tliro COUNTY OF HAWAII STATE OF HAWAII art ~F BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DIS'T'RICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL- 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL- COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-035:006. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea HOUSCIOts. Waiakea, South Hilo, Hawaii, shall be Industrial-Commercial Mixed - 20,000 square feet (MCX-20): Beginning at a pipe found at the northwest comer of this parcel of land, also being the southwest corner of Lot 3 and on the east side of Laukapu Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1,163.00 feet South and 10,121.00 feet East and thence running by azimuths measured clockwise from true South: I. 2700 00' 00" 229.00 feet along Lot 3, Block 22, Waiakea House Lots, to a nail found; 2. 000 00' 00" 100.00 feet along Lot 6-13, Block 22, Waiakea House Lots, to a spike found; 3. 900 00' 00" 229.00 feet along Lot 7, Block 22, Waiakea I-louse Lots, to a pipe found; -I- 4. 180° 00' 00" 100.00 feet along the east side of Laukapu Avenue to the point of beginning and containing an area of 22,900 Sq. Ft., 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: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII H awai ` i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: RS-10 R5-10 RS-10 N RS-10 MCX-20 ML-20 RS-10 L ML-10 MCX-20 RS-10 R5-10 R5-10 R5-10 HUALANI ST. RS-10 RS-10 u') 05-10 RS-10 R. ML-20 Q [--1 3B9J0a5 ] 1aiu.ME ~4 ML-20 O < HALAT' z RS-10 d a a R5-10 x' RS-SO R5-10 ML-30 CN-20 R5-10 R5-10 RS-10 CG-ZO SINGLE FAMILY RESIDENTIAL -10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) CG-20 (22,900 SQ. FT) MCX-20 CN-20 R5-10 ML-20 MCX-20 CN-10 LG-20 R_5 10 CG-20 RS-10 RS-10 ML-20 LLLE5-10 KEKUANAO'A S RS-10 R5-10 CN-10 R5-10 cm-lo 0 150 300 600 900 1,200 MCX-20 Feet R550 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: 2-2-35: 6 DATE: March 16, 2009 EXHIBIT "A" (E. Acasio - A'-'1110\