HomeMy WebLinkAboutCOM 0619.000 2008-2010
/
William P. Kenoi
Mayor
County of Hawaj'j
891 Ululani Street . Hila, Hawai'j 96720-3982 . (808) 961-8211 . Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 . Kailua-Kana, Hawai'i 96740
(808) 329-5226 . Fax (808) 326-5663
October 27,2009
Honorable J Yoshimoto, Chairman
and Members of the County Council
County ofHawai'i
333 KIlauea Avenue
Hilo, HI 96720
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Dear Chainnan Yoshimoto and Members:
vthange of Zone Application (REZ 09-000100)
Applicant: Janice Oshiro
Request: RS-10 to CG-20
Tax Map Key: 2-2-22:8
Change of Zone Application (REZ 09-000102)
Applicant: American Trading Co., Ltd.
Request: ML-20 to MCX-20
Tax Map Key: 2-2-32:24
Change of Zone (REZ 716, PD Docket No. 91-000008)
Applicant: Hara Land Development
Request: Amendment to Conditions C and D of
Change of Zone Ordinance No. 92-70
Tax Map Key: 1-5-14:7
William T. Takaba
Managing Director
Wally Lau
Deputy Managing Director
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As required by Chapter 4, Sec. 6-4.3(C), Hawai'i County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters al~d enclosures
regarding the above-referenced requests.
Sincerely, "
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\ViHiam P. Kenoi
Mayor
Enclosures
cc: Planning Department
@r'1I 115)
COlJlGL No. ~ I if
Ref. TOI~e",
Bef. Oat., V 5 2Ol9
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County of Hawai'i
PLANNING COMMISSION
Aupuni Center. 101 Pauahi Street, Suite 3 . Hila, Hawai'j 96720
Phone (808) 961-8288 . Fax (808) 961-8742
October 27, 2009
The Honorable J Yoshimoto, Chainnan
and Members of the County Council
County ofHawai'i
333 KIlauea Avenue, 2nd Floor
Hilo, HI 96720
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Dear Chairman Yoshimoto and Council Members:
Change of Zone Application (REZ 09-000100)
Applicant: Janice Oshiro
Request: RS-10 to CG-20
Tax Map Kev: 2-2-22:8
The Windward Planning Commission, after a duly held public hearing on October 2, 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-1 0) to a General Commercial- 20,000 square feet
(CG-20) district for 20,314 square feet ofland. The property is located on the northeast comer of
the Kino'ole Street-Kamana Street intersection, Waiilkea Houselots 2nd Series, Waiilkea, South
Hilo, Hawai'i.
The Commission concurs with the following Plmming Director's reasons for recommending
favorable consideration of the request:
The applicant requests a change of zone from RS-lO to CG-20 to renovate an
existing vacant single-family dwelling for a residence and conversion into an office
building in the future. Portion of the site will be improved to provide employee parking
for existing medical clinic and optometry offices close to the subject property.
Hawai'i County is an Equal Opportunity Provider and Employer
~
The Honorable J Yoshimoto, Chainnan
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 (RS-IO) to the
General Commercial Mixed (CG-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. Land Use is one of the
principal focal points of public concern and policy. The Land Use Element provides the
primary basis for direct control and guidance of publicly and privately owned resources.
The request conforms to the goals, policies and standards of the General Plan in
that the proposed project will be developed in an area adequately served by necessary
services such as water, utilities, sewers and transportation systems. The applicant is
requesting a General Commercial zoning. The proposed project conforms to the Land
Use Commercial policy which states "the distribution of commercial areas shall meet the
demands of neighborhood, community and regional needs."
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 LUP AG Map establishes the basic urban
and non-urban form for areas within the County. The project area is designated High
Density Urban on the LUP AG Map. This designation includes general commercial,
multiple family residential and related services. The requested General Commercial
zoning would be consistent with the High Density Urban designation on the LUP AG Map
for this area ofHilo.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
The State Land Use designation for the property is Urban. The Land Study
Bureau's Productivity Rating for the project site is Unclassified. The Hilo Community
Development Plan (CDP) adopted in 1975 designates this area is RM-4, and suggests the
retention of residential uses in this area. However, this area has been transitioning to
commercial uses, including real estate offices, public facilities, medical offices, and
general commercial uses. The advantage of this area is its close proximity to other
commercial and residential population ofHilo. The proposed change of zone would
complement the existing commercial land uses that currently in existence and provide for
an orderly development of the area.
The property is located on the northeast comer of Kino'ole Street and Kamana
Street. Currently, there is a single-story, approximately 1,202-square foot dwelling and
carport on the site. The propeliy was fonnerly used as a site of a single-family dwelling.
The structure has been vacant for the past six months and is currently being renovated for
interim residential use.
The land uses in the immediate area are a mix of commercial and residential uses.
Immediately adjacent propeliies are zoned RS-1 0 and in single-family residential uses.
The propeliy mauka across Kino'ole Street is zoned CG-20, site of an accountant's office.
The parcel to the south across Kamana Street is zoned CG-20 and is vacant.
Commercial uses nearby include the Kamana Senior Center southwest of the site, and
medical offices on Kino'ole Street.
All utilities and services are available to the site. Access is proposed from the
existing driveway fronting Kino'ole Street. The applicant may consider another access
from Kamana Street in the future. The Depaliment of Public Works recommends the
following:
. improvements to the entire Kamana Street frontage consisting of, but not limited
to, pavement widening with concrete curb, gutters, and sidewalk, drainage
improvements, and any utility relocation.
. "full width" concrete sidewalks along the propeliy's entire Kino'ole Street
frontage, replacing the existing planter area with concrete.
. removal of the existing driveway on Kino'ole Street and relocation along either
Kino'ole or Kamana Street, preferably on Kamana Street, at least 75 feet from the
intersection of Kino' ole Street and Kamana Street, in compliance with Chapter
22, County Streets, of the Hawai'i County Code.
~
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 5
Based on the above findings, approval of this change of zone request from a
Single-Family Residential (RS-IO) to a General Commercial (CG-20) zoned district
would result in an appropriate land use pattern that will further benefit the general public.
For your favorable consideration, an amendment to Section 25-8-33 (City ofHilo Zone Map), of
the County Zoning Code is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your info1111ation.
Sincerely,
~
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Rell Woodward, Chairman
Windward Planning Commission
Loshirorez09-000 1 OOPC2
Enclosures
cc: Mr. Sidney Fuke
Ms. Janice Oshiro
Department of Public Works
Department of Water Supply
Depaliment of Land & Natural Resources-HPD
Lincoln Ashida, Esq., Corporation Counsel
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BJOshiroREZ.doc-8/26/09
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
JANICE OSHIRO
CHANGE OF ZONE APPLICATION (REZ 09-100)
JANICE OSHIRO has submitted an application for a Change of Zone from Single-
Family Residential- 10,000 square feet (RS-lO) to the General Commercial 20,000 square feet
(CG-20) djstrict for approximately 20,314 square feet ofland. The property is located on the
northeast comer of the Kino' ole Street and Kamana Street intersection, Waiakea Houselots 2nd
series, Waiakea, South Hilo, Hawaii, TMK: 2-2-22: 8.
PROPOSED ACTION
1. Request: Change of zone from RS-lO to CG-20 to renovate an existing vacant single-
family dwelling for a residence, and conversion into an office building in the future. A
portion of the site will be improved to provide employee parking for existing medical
clinic and optometry offices close to the subject property. (Planning Department
Exhibit 1 - Change of Zone application)
2. Reasons for the Request: The applicant has received inquiries from various businesses
including real estate, insurance and accounting, regarding the use of the property for office
purposes. Other inquiries include the use of the site for employee parking for the Hilo Bay
Clinic and Hawaiian Eye Center offices located nearby. As such, coincident with the
single-family residential use of the property, the applicant would like to set aside some
parking for these uses.
3. Timetable for Construction: Construction to commence this year with occupancy of the
residence and office use five years thereafter.
4. Landowner: Janice Oshiro.
STATE AND COUNTY PLANS
5. State Land Use Designation: Urban.
6. General Plan LUPAG Map: High Density Urban.
7. County Zoning: RS-lO.
-1-
~cmn. 619
Bill 175
8. Rilo Community Development Plan: The Hilo Community Development Plan adopted
by Planning Commission Resolution NO.1 on May 21, 1975 identifies the area as RM-4.
9. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management area.
10. Special Management Area: The SMA is a part of the Coastal Zone Management
Program regulated by the County. The project site is located more than one mile from the
shoreline and is not in the SMA.
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
11. Subject Property: The property is located on the northeast comer of Kino' ole Street and
Kamana Street. Currently, there is a single-story, approximately 1,202-square foot
dwelling and carport on the site. With the carport, there would be a total of 12 parking
stalls, one of which would be in compliance with , ADA standards. There is a sidewalk
fronting the property on Kino'ole Street, and a rolled curb section along the balance of the
property's Kamana Street frontage. The property was formerly used as a site of a single-
family dwelling. The structure has been vacant for the past six months and is currently
being renovated for interim residential use.
12. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of
commercial and residential uses. Immediately adjacent properties are zoned RS-I0 and in
single-family residential uses. The property mauka across Kino'ole Street is zoned CG-
20, site of an accountant's office. The parcel to the south across Kamana Street is zoned
CG-20 and is vacant. Commercial uses nearby include the Kamana Senior Center
southwest of the site and medical offices on Kino'ole Street.
13. 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.
14. Land Study Bureau's Productivity Rating: Unclassified.
15. Noise Impacts: Existing ambient noise includes 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.
-2-
16. Air Quality: The proposed project should not directly impact air quality in the area.
Fugitive dust during construction can be mitigated by compliance with the Department of
Health's regulations. The only impact to air quality would be associated with vehicular
traffic to and from the site.
17. FmM: Zone "X", an area outside of the SOO-year flood plain.
18. Coastal Hazards: The property is not an oceanfront parcel, and will not affect, or be
affected by shoreline processes.
19. Recreational Resources: The proposed project will not reduce the size of the coastline
{
or other areas used for public recreational uses.
20. Visual Resources: The proposed project will not affect the line-of-sight toward the
ocean.
21. Flora/Fauna: As the project site is improved with a dwelling, no professional surveys
were conducted of the site. The property is located in an urban setting in close proximity
to various commercial uses. According to the applicant, there are no known rare or
endangered plant or animal species on the site.
22. Archaeological/Historical Resources: As the property is improved, no professional
surveys were conducted of the site. On July 7, 2009, the applicant requested a letter of
"no'effect" from the State DLNR-HPD.
23. Cultural or Native Gathering Rights: There is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the site, nor existence of any known
valued cultural, historical or native resources in the area.
24. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
25. Access: Access is proposed from the existing driveway fronting Kino'ole Street. The
applicant may consider another access from Kamana Street in the future. The Department
of Public Works recommends the following:
-3-
. improvements to the entire Kamana Street frontage consisting of, but not limited
to, pavement widening with concrete curb, gutters, and sidewalk, drainage
improvements, and any utility relo~ation.
. "full width" concrete sidewalks along the property's entire Kino' ole Street
frontage, replacing the existing planter area with concrete.
. removal of the existing driveway on Kino' ole Street and relocation along either
Kino'ole or Kamana Street, preferably on Kamana Street, at least 75 feet from the
intersection of Kino' ole Street and Kamana Street, in compliance with Chapter 22,
County Streets, of the Hawai'i County Code.
The applicant would like to retain the Kino' ole Street driveway for as long as the existing
structure is used as a residence. However, upon conversion to a commercial structure, the
driveway will be relocated to either Kamana Street or Kino' ole Street conforming to the
County Code.
26. Water: County water is available to the site from an existing 8-inch waterline within
Kino' ole Street as well as from an existing 6-inch waterline within Kamana Street
27. Wastewater: The proposed development will connect to the County sewer line.
28. Solid Waste: Solid waste will be handled by commercial haulers.
29. Essential Utilities and Services: Electricity, telephone and emergency services are
. available to the site.
AGENCIES' AND ORGANIZATIONS' COMMENTS
30. Department of Public Works: P.D. Exhibit 2 - August 11,2009 memo
31. Department of Water Supply: P. D. Exhibit 3 - August 18, 2009 memo
32. Police Department: P.D. Exhibit 4 - July 28, 2009 memo
33. Department of Environmental Management: P.D. Exhibit 5 - July 31, 2009 memo
34. DLNR Historic Preservation Division: P.D. Exhibit 6 - August 3, 2009 memo
35. DLNRLand Division: P.D. Exhibit 7 - July 28, 2009 letter
36. Department of Health: P.D. Exhibit 8 - August 6, 2009 memo
AGENCIES - NO COMMENTS
37. Fire Department
-4-
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
38. P. D. Exhibit 9 - August 5, 2009 and August 17, 2009 letters
PUBLIC COMMENTS
39. None as of this writing.
-5-
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APPLICA TION
FOR
COUNTY REZONING
(RS-IO to CG-20)
JANICE OSHIRO
Waiakea House lots, South Hilo, Hawai'i
TMK:. (3) 2-2-22: 008
Prepared For:
Janice Oshiro
Prepared By:
Sidney M. Fuke, Planning Consultant
July 2009
Planning Dept.
Exhibit I
~
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Janice Oshiro
APPLICANT'S SIGNATURE: ~ ,,~~
DATE:1 \1 \\11
ADDRESS:
c/o 738 Kinoole Street
Hila. Hawai'i 96720
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIP AL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.)
(808) 935-8344
(Fax)
(Res)
LANDOWNER(S): Janice Oshiro . ~~
LANDOWNER SIGNATURE(S): b- ~ - -- - -
DATE:" \1 \ \] ~
(May be b~ letter)
LANDOWNER(S) ADDRESS: c/o 738 Kinoole Street Hila. HI 96720
REQUEST: RS-lO TO CG-20
(Existing zoning) (proposed Zoning)
TAX MAP KEY:
(3) 2-2-22: 008
STREET ADDRESS OF PROPERTY:
1215 Kinoole Street Hila. HI 96720
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:
AGENT: Sidney M. Fuke. Planning Consultant
ADDRESS: 100 Pauahi Street. Suite 212. Hila. Hawai'i 96720
20.314 square feet
TELEPHONE: (Bus.) (808) 969-1522 (Res.) (Fax) (808) 969-7996
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL:
Sidney M. Fuke
COPIES:
Janice Oshiro
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 ye~, please answer the rest of question I and then to
questlOn 3.
a. How many acres of the requested area do you intend to
subdivide?
b. Into what lot sizes?
c. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval?
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone who has firm
plans? No
b. Sell or lease the land to someone who has tentative
plans? No
c. Sell or lease the land to someone who has no plans? No
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.
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.
Renovate the existing dwelling for office use.
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 environmental report
6. Are there any buildings on the subject area?
Yes
If so, what kind?
Single family dwelling
What do you intend to do with those buildings if your
request is approved?
Renovate the dwelling for office use
7. Is the subject land currently being used for any
agricultural activity? No
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
-3-
8. To your knowledge, has there been any flooding and/or
drainage problem on the subject area? No
If so, please describe the problem.
9. Do you think that the roads leading to the subj ect area
needs improvement? No
If so, what kind?
Is the road adequate for the proposed traffic volume
or load?
Yes
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
yes bIO
a. Schools x
b. Roads x
c . Sewer x
d. Drainage x
Police Protection x
e.
Fire Protection x
f.
x
g. Recreational Facilities
Facilities x
h. Recreational
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. The site has been improved and used for a residence for over 50 years.
Signatur~ ~ ~ =
Address: c/o 738 Kinoole Street Hilo, HI 96720
Telephone: 935-8344
Date: June 24,2009
-5-
6338A/50A
D n i:;!QA
COUNTY ENVIRONMENTAL REPORT
APPLICATION FOR COUNTY REZONING REQUEST (RS-10 to CG-20)
. JANICE OSHIRO
WAIAKEA HOUSE LOTS, SOUTH HILO, HAWAI'I
TAX MAP KEY: (3) 2-2-022: 008
I. INTRODUCTION
The applicant, Janice Oshiro, is in the process of renovating an existing
vacant single-family dwelling for a residence and eventually converting it
into an office building. Portion of the site would also be improved to
provide needed employee parking for existing medical clinic and
optometry facilities proximate to the subject site. The subject site consists
of 20,314 square foot parceL As office use is not permitted in the existing
single-family residential zone (RS-10), the applicant is proposing to rezone
the property into the Commercial-General (CG-20) district.
II. PROJECT LOCATION
The subject site is situated in Waiakea House Lots, 2nd Series, in the City
of Hilo. It consists of 20,314 square feet and is identified by TMK: 2-2-
022: 008.
More specifically, it is located on the northeastern corner of Kinoole Street
and Kamana Street. On the western side of Kinoole Street and across of
the subject property, there are existing dwellings that have been converted
into real estate and accountant offices. Also on the same or west side of
Kinoole Street, there is a medical building. The County's Kamana Senior
Citizen Center is also located adjacent and west of the medical building.
(Figures 1 and 2)
III. PROJECT DESCRIPTION
A. Proiect Concept and Components
As noted earlier, the applicant intends to eventually convert an
existing residential structure into an office building. During the
interim, however, the dwelling would be rented as a single-family
residence. At this time, while there is no preliminary tenant
commitment, the applicant has received inquiries for rent from
persons in the real estate, insurance,and accounting fields. These
inquiries suggest to the applicant of the potential office use of this
structure.
1
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PROPOSED LOCATION -1215 Kinoole Street
PROPOSED REZONING - RS-10 TO CG-20
TMK: 2-2-022: 008
Figure 1
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At the same time, there have been inquiries for employee parking
from the medical (Hilo Bay Clinic) and optometry (Hawaiian Eye
Center) offices proximate to this site. As such, coincident with the
single-family residential use of the property, the applicant would like
to set aside some parking for these uses.
At some point in time, however, the single-story, 1 ,202 square foot
structure would be converted into an office building. At that time,
the appropriate building permit would be secured to accommodate
the use conversion as well as the requirements of the American
with Disability Act (ADA.
Access would be from the existing driveway fronting Kinoole Street.
The applicant may consider another access from Kamana Street at
some point in time in the future. However, such an access would
result in the removal of a knoll on the subject site that is situated
between the road and the rear of the property.
In either event, with the existing carport, there would be a total of
12 parking stalls, one of which would be for handicapped
accessible. This would be in excess of the 4 stalls (1 stall for every
300 square feet of gross floor area, rounded up) required for the
eventual office use on the site.
The structure is setback at least 60 feet and 45 feet from Kinoole
Street and Kamana Street, respectively. The setbacks from the
north and east property lines are 40 feet and 78 feet, respectively.
The existing setbacks would be in excess of the minimum 15 feet of
front and rear setbacks required for the general commercial zone.
Since the adjoining properties are still zoned residential, a 1 Q-foot
setback would be maintained along the sides. (See Figure 3).
B. Proiect Timetable and Cost
The applicant intends to secure the balance of the required
construction (such as driveway) permits and begin making the
appropriate infrastructure improvements immediately upon securing
all development permits. Hopefully, construction can begin later
this year or early next year, with occupancy for the residence later
this year and the office within 5 years thereafter.
The applicant estimates the cost of the renovation and parking
improvements to approach $150,000.
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IV. INSTITUTIONAL CONSIDERATIONS
A. State land Use
The subject property is designated Urban. As such, a boundary
amendment to cover the requested CG-20 zone is not needed.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the site High Density. As such, a
General Plan amendment to the LUPAG map would not be
required.
Relative to the High Density designation, the General Plan allows
consideration for "General commercial, multiple family residential
and related services (multiple family residential- up to 87 units per
acre." The requested zoning and planned uses would be
consistent with the uses envisioned within the High Density area.
C. Hilo Community Develo~ment Plan
The Community Development Plan (COP) attempts to further define
the General Plan and serves as a quide for decision-makers. It
was adopted by the Planning Commission in 1975, over 25 years
ago. Although reviewed by the County Council, the COP was never
adopted.
The COP's Land Use Concept map identifies a RM-4 designation
for this area. Although the proposed uses are not residential, it
should be noted that requested CG-20 zoning would allow single
and multi-family residential uses.
Notwithstanding the technical inconsistency, however, it should be
noted that the General Plan has been amended three (3) times,
and much has occurred in the way of development in Hilo and its
outlying areas. Accordingly, some of the planning assumptions
reflected in the COP are obsolete. An updated COP would be
timely.
Absent the availability of a relevant intermediary 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 all zone changes to be consistent with it.
3
C. County Zonin~
The County zoning of the requested area is. Single-family
Residential (RS-10). Over the past ten years, there has been a
number of general commercial rezoning approved in this general
area. Specifically, these include parcels covered by TMK: 2-2-22;
5, 6, 11, 23, and 29, as well as TMK: 2-2-23: 7 and 12.
It is thus clear that this section is undergoing a land use
transformation from single-family residential to general and light
commercial uses.
In the event the requested Commercial-General (CG-20) request
were approved and prior to the establishment of any commercial
uses, 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 Permittin~ 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, driveway permit,
Department of Health clearances, and the like.
v. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The 20,314 square foot site is a corner lot that is rectangular in
shape. The site's frontage along Kinoole Street is 100+ feet,
whereas the Kamana Street frontage is 150 feet. There is a
standard sidewalk fronting Kinoole Street which extends to about
15 feet along Kamana Street. There is a rolled curb section along
the balance of the property's Kamana Street frontage.
The subject property was formerly used as a single-family
residence. The structure has been vacant for the past 6 months
and is currently been renovated for interim residential use.
B. Climate. Soil and Topo~raphy
According to the State Commission on Water Resource
4
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.
The property's elevation is approximately 75 feet above mean sea
level. The site sits about 3-4 f~et below Kinoole Street. Along
Kamana Street, there is a bank between most of the site and the
road. The applicant is entertaining the possibility of constructing
another access from Kamana Street. In that event, the bank would
be removed. Other than that, there are no perceptible topographic
or geologic constraints on the subject site.
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
Keaukaha Series (rKFD), which is extremely rocky muck, well
drained, thin organic soils overlying pahoehoe lava bedrock.
Runoff is medium, and the erosion hazard slight.
Because the site is part of a built up urban area, the University of
Hawai'i Land Study Bureau Overall Master Productivity Rating map
does not classify this site and immediate surro~nding areas.
Likewise, the site is not classified under the Agriculture Lands of
Importance to the State of Hawaii (ALlSH) classification system.
Thus, the State's classification system does not recognize this site
as being agriculturally important.
c. Natural Hazards
1. Drainaae
The Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Map (FIRM) identifies the area of the
requested zoning to be within Zone X (areas outside of 500-
year flood). There are no existing drainageways on the site.
Nonetheless, 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
5
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
the site is not within any designated floodway area, all
potential drainage and/or flooding issues could be
reasonably addressed and mitigated.
2. Tsunami Hazard
As the site is situated over a mile from the ocean, it is
located outside of the Civil Defense's Tsunami Evacuation
Zone. Thus, there should be little or no threat from high
waves or tsunami.
3. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies 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 the office building.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. As such, all
improvements to the existing structure and/or any structure
built on the site will have to meet with the more restrictive
seismic hazard structural requirements of the Building Code.
D. Fauna Resources
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 area.
Due to the 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
6 .
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.
E. Flora Resources
As with the description of the site's faunal resources, no
professional botanical survey was done of the subject area.
In recent historical times, the site was used residentially. As such,
in addition to a lawn, there are some introduced species like a
sizeable Iychee tree and other ornamental foliage like ti plants.
Accordingly, there should be no adverse floral impacts.
F. Historic/Cultural/Archaeological Resources
Likewise, no commissioned archaeological survey of the site was
made. The historical residential use and accompanying
landscaping of the entire site make 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 applicants
will immediately notify the Planning Department.
G. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's I'PASH" and
"Ka Pa'akai 0 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 anq 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 residentially for
over 50 years, it would appear highly unlikely that the site would
serve such purpose today.
In the unlikely event that legitimate gathering claims are made by
7
native Hawaiians, the applicants intend 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 Hilo area is underlain by basal groundwater. The Wailoa River
is approximately % mile from the subject site. The coastline is
nearly two miles away.
The proposed development will connect to the County's sewer
system along Kamana Street. This 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
drywells on the site to address on-site drainage concerns, the
appropriate UIC permit from the State will be taken. 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 primarily along Kinoole
Street and, to some extent, Kamana Street. 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 frontages of the property and to
the sides. It should be noted, however, since the proposed use is
commercial and not residential, the noise impact should not be
significant, if at all.
There will also be short-term noise impacts during the construction
phase. To mitigate this impact, the development of this project will
be limited to daylight hours and on weekdays. Contractors will also
be required to comply with established State Department of Health
guidelines and standards relating to noise and emission controls.
The proposed development should not generate any direct air
Quality impacts. As the project itself is not expected to have uses
that generate adverse air pollutants, the only discernible air quality
impact would be associated with vehicular traffic to and from the
8
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. Additional 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
insignificant.
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 are a few examples cited for the Hila
area. The most notable are the backdrop of Mauna Kea and the
Hilo Bay.
The proposed development would not have any visual impacts on
Mauna Kea or Hila Bay. The view of Mauna Kea in this area is
already visible from both Kamana and Kinoole Streets, even with
the existing structure. This should not change at all. However,
even if a new structure were to be erected, the view should not be
significantly impeded, if at all, because of the site's location in
relation to Mauna Kea.
The view of Hilo Bay is not visible from this area. Accordingly, the
project would have no visual impact to the Bay.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surroundina land Uses
The surrounding land uses in this area are a mixture of low to
moderately dense residential and commercial uses. While there
are a number of single-family residences, there are also a number
of commercial medical office buildings in this general area along
Kinoole, Kamana, and Lanihuli Streets.
The requested rezoning would be generally consistent with the
evolving mixture of commercial and residential land use pattern in
this area. While the property south of the subject site is vacant, it is
zoned General Commercial. There are some single-family
residences adjacent and north of the subject site. Along Kamana
9
Street, there is a commercial office building one lot east of the
subject site.
Given the residences along the north, appropriate mitigative
measures will be taken. These measures deal principally with
landscaping, lighting, and access.
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, the project would provide an opportunity for a
small office use to operate in the structure. It is estimated that the
size of the office should generate between 3-5 jobs. Furthermore,
providing much needed employee parking for establishments in this
area should also help stabilize those businesses.
A commercial rezoning would also increase the tax revenues to the
County. However, there could be some real property tax
consequences for the adjoining residentially 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, a landowner who wishes to retain the
residential use would have the option of dedicating its land for
residential use.
c. Aariculturallmpacts
The subject site has not been used for agricultural purposes for
over 50 years. It was used residentially. Given the urban setting,
the agricultural impacts resulting from this rezoning should not be
significant.
VII. INFRASTRUCTURE CONSIDERATIONS
A. Road and Traffic
The subject site fronts Kinoole Street and Kamana Street. This
intersection is signalized.
Kinoole Street is a 2-lane County road which serves as one of
several north/south roads in this part of Hilo. It has a right-of-way
of 60 feet with a 24-foot wide pavement and sidewalks.
10
This portion of Kinoole Street is straight. As such, there is
adequate sight distance for ingress and egress movements. While
there isan existing driveway, if required, the applicantwill make the
necessary driveway improvements to meet with the commercial
driveway standards. .
Kamana Street also has a 60-foot wide right-of-way with a 22-foot
wide pavement. There is a rolled curb fronting the site's Kamana
Street frontage. Like Kinoole Street, Kamana Street is straight and
as such, does not have any sight distance issue should there be
another access. The applicant is also contemplating an additional
access from Kamana Street.
The applicant does not anticipate vehicular movements to and from
the site to be substantial. Generally, they will be associated with
the few employee movements between the hours of 7:00 a.m. to
8:00 a.m. and 4:30 p.m. to 5:00 p.m. Client traffic should average
no more than 2 movements every 60 minutes during the course of
the day. As such, traffic impacts along Kinoole and Kamana
Streets should not be significant.
B. Water
Water service to the project site is from the Piihonua well source.
There is an existing S/8-inch meter serving the site from the
County's system. While unlikely, in the event the meter needs to
be upgraded to one (1) inch, it will be done by the applicant. The
applicant does not anticipate water use to exceed two (2) units or
1,200 gallons'per day.
Should this application be favorably considered, if necessary, the
applicant intends to secure the required water commitments from
the Department of Water Supply for this project.
c. Wastewater
The subject area can be serviced by an 8-inch County sewer
system along Kamana Street. The applicant intends to have the
project connect to the County's line prior to issuance of an
occupancy permit for the project.
D. Solid Waste
Solid waste will be handled by commercial haulers who will dispose
of the refuse at the county landfill in Hila, which is at or nearing
capacity. This landfill must be closed when full. Unless an
11
approved site is located in Hilo, the waste will have to be hauled
and ultimately disposed off at Pu'uanahulu in West Hawai'i.
As the. site is used residentially and only renovative activity is being
contemplated, there should be no significant land clearing or
construction material that needs to be disposed of.
Pleas~ also note that for the construction phase of this project,
efforts will be taken by the contractor to minimize disposal and all
disposal will be done at approved disposal sites. This and other
waste reduction methods will be taken during the construction and
operating phases of this project.
E. Other Government Services
As this area is already part of an urban area, it already has access
to a number of services. All of the required police, fire, and related
services are available. Police protective services are provided from
the main station along Kapiolani Street, about a mile from the site.
Likewise, the nearest fire station would be at central, less than 2
miles from the subject site. There are also the Kaumana and
Kawailani stations, located less than 3 miles away. Emergency
medical and paramedical services are also provided from these
stations.
The Hilo Medical Center is located approximately 2 miles from the
site and is managed by a quasi-State entity, the East Hawaii
Region of the Hawaii Health System Corporation. 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.
12
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment
and Maintenance and Enhancement of Long-Term Productivity
The short-term use of the site would probably be the same as the
current use, which is a vacant residential structure. This will
continue until the eventual conversion of this residence into an
office building, which will hopefully be by 2015.
This project should not result in any significantly adverse short or
long-term impacts that cannot be properly mitigated. There will be
direct and indirect economic benefits resulting from the construction
and .implementation of this project. There will be construction jobs
created in the short-term and at least 3-5 full-time equivalent
positions created when the office is established. Relatedly, the
project will generate increased tax revenues that can supplement
the State and County's fiscal resources.
Because of its location, this project will provide a service that can
be made reasonably accessible to the immediate neighborhoods
and surrounding commercial and industrial areas. 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, avifaunal, and archaeological), would not
appear to be significant.
C. Mitigative Measures
The applicant intends to provide any required off and on-site
infrastructure in conjunction with the development of this project.
These will include on-site drainage system, landscaping, and
possibly 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 traffic-related improvements fronting the project site will
also be provided, if needed and/or required. It should be noted that
should curb, gutters and sidewalk be required along the Kamana
Street frontage, for financing purposes, the applicant would like to
13
have them done in conjunction with the construction of a new
structure rather than the renovated one.
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 Proposed Proiect
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.
2. Development Based on Existing RS-10 Zoning
Under this alternative, the site could be subdivided into two
lots. Based on the Ghana dwelling provision of the Zoning
Code, each lot could conceivably support 2 dwellings for a
total of 4 dwellings. While that may be possible, residential
uses, however, may not be too desirable, due to noise
associated with traffic along Kinoole 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 High Density designation, it may
not be too feasible, given its location next to a major
connector road and possible cost of the required off-site
infrastructure.
4. Evaluation of Alternatives
Leaving the property in its current state would not maximize
the use of the land. The land could continue to be used
residentially. However, there may be some quality and .
safety factors (Le., with children playing in this area), given
14
the cross town road function of Kinoole Street. This would
also mean having to redirect commercial uses to other areas
of Hilo, areas that are-increasingly becoming less available.
There would also be diminished tax revenues and fewer
services to the public.
While alternative residential densities are possible, those
uses may not be really desirable, given its frontage along a
heavily traveled road and the cost to provide the required off-
site infrastructure.
Neither of the above alternatives could best deliver some
needed off-site infrastructure improvements as would the
requested commercial project. The proposed project would
make improvements eventually fronting Kamana Street.
Then, too, the rezoning would provide an opportunity for a
SMALL business to service the community.
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 CG-20 zoning alternative.
IX. REGULATORY ANALYSIS - County and State land Use Policies
A. General Plan lUPAG Map
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth in the County.
The LUPAG map designates the site High Density, a designation
that allows the requested CG-20 zoning. Accordingly, this request
would be consistent with the LUPAG map. It should be noted that
none of the interim amendments proposed by the Planning Director
involves the subject site.
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;
15
Economic Element
Goals
. Provide residents with opportunities to improve their
quality of life.
. Economic development and improvement shall be in
balance with the physical and social environments of the
island of Hawaii.
. The County of Hawaii shall strive for diversity and
stability in its economic system.
. The County shall provide an economic environment
which allows new, expanded, or improved economic
opportunities that are compatible with the County's
natural and social environment.
Policies
. The County shall provide an economic environment
which allows new, expanded, or improved economic
opportunities that are compatible with the County's
natural and social environment.
. The County shall strive for an economic climate which
. provides its residents an opportunity for choice of
occupation.
. The County shall strive for diversification of its economy
by strengthening existing industries and attracting new
endeavors.
. The County shall encourage the development of a visitor
industry which is consistent with the social, physical, and
economic goals of the residents of the County.
land Use Element (Commercial)
Goals
. Provide for commercial developments that maximize
convenience to its users.
16
e Provide commercial developments that complement the
overall pattern of transportation and land usage within the
island's regions, communities, and neighborhoods.
Policies
o 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
. 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 services to
this sector of Hilo. Its location can provide support facilities
17
for other commercial users in this area, as well as the
neighboring residential community.
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. The
site is not designated a floodway and instead designated "X",
areas outside of the 500 year storm. Because of its prior
residential use, archaeological, floral, or faunal concerns
should not be significant, if 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.
Finally, all structures will be built to comply with the Zoning
Code standards, such as parking, setback, height,
landscaping, and so forth.
C. Zonina
If the request were approved, the site would be eventually used for
office purposes. The structure 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:
18
Goals
o A strong, viable economy characterized by stability, diversity,
and growth that enables the fulfillment of the needs and
expectations of Hawaii's present and future generations
. A desired physical environment characterized by beauty,
cleanliness, quiet, stable and natural systems, and uniqueness
that enhances the mental and physical well-being of the people
· 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 turn,
contribute to the stability, diversity, and growth of local and regional
economies.
This employment opportunity would come without adversely
affecting the environment. There is no known wildlife or plant life
listed as either endangered or threatened on the subject site.
Then, too, because of its historical residential use and the fact that
the site has been cleared and leveled, the likelihood of finding
archaeological features on the site is quite remote.
Impacts to the surrounding areas would also not be significantly
adverse. All required infrastructures will be in place by the
applicant prior to occupancy of any portion of the project. These
include traffic improvements, and the wastewater and water
system.
Furthermore, the provision and/or retention of natural landscaped
buffers around the perimeter of and selected portions within the
project site would also help mitigate any adverse visual and noise
impacts to neighboring residential properties.
G. Hawaii Coastal Zone Manaaement Proaram
The objectives of the Hawaii Coastal lone Management (ClM)
Program are outlined in Chapter 205a, Hawaii Revised Statutes.
19
The principal goal is to assure the protection and maintenance of
the State's coastal resources. Although the entire State falls within
the CZM area, the permitting process is geared for those areas
proximate to the coast and identified by the County as the Special
Management Area. Nonetheless, a general review of a project's
consistency to the CZM policies - regardless of its location - must
still be made.
In that regard, please note the following:
. 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
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.
20
~ I ..~~
", I
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILa, HAWAII
~ .:-: ~~ i
DATE: August 11, 2009
~
TO: BJ Leithead Todd, Planning Director
~
FROM: ~ Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000100)
Applicant: Janice Oshiro
Request: RS-10 to CG-20
Tax Map Key: 2-2-22: 008
We have reviewed the subject application forwarded by your memo dated July 20, 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 classifies Kino'ole Street as a collector street and Kamana Street as minor street.
Both streets have an existing right-of-way width of 60 feet fronting the subject property.
Chapter 22, County Streets, of the Hawaii County Code requires a driveway for commercial use
be placed a minimum 75 feet from an intersection. Therefore, the existing driveway on Kino'ole
Street shall be removed and relocated (along either Kino'ole or Kamana Street, preferably on
Kamana Street) at least 75 feet from the intersection of Kino'ole and Kamana Streets.
Based on the proposed zoning, we recommend the applicant provide improvements to the subject
property's entire frontage along Kamana Street consisting of, butnot limited to, pavement widening
with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation,
meeting the approval of the Department of Public Works.
We also recommend the applicant provide "full width" concrete sidewalk (replace the existing
planter area with concrete) along the property's entire Kino'ole Street frontage.
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 inst~Jla1i.Q,n,Qf__~._.___._
such devices. i S\C',5, P'oJf":J !r"~~'--I
Planning Dept. '--'~_'J "-' . ,: \ .,:~.I LiJ i
Questions may be referred to Kelly Gomes at ext. 8327. Exhibit :l ,di~ 5 il9li6 I
DEPARTMENT OF WATER SUPPLY · COUNTY OF HAWAI'I
345 KEKOANAO'A STREET, SUITE 20 . HILO, HAWAI'I 96720
TELEPHONE (808) 961-8050 . FAX (808) 961-8657
August 18, 2009
....;..':.
TO:
Ms. BJ Leithead Todd, Planning Director
Planning Department
t;..~J
\.....11
'.0
FROM:
Milton D. Pavao, Manager
SUBJECT:
CHANGE OF ZONE APPLICATION (REZ 09-000100)
APPLICANT - JANICE OSHIRO
REQUEST: RS-I0 TO CG-20
TAX MAP KEY 2-2-022:008
We have reviewed the subject application and have the following comments and conditions.
Water is available from an existing 8-inch waterline within Kino'ole Street as well as from an existing 6-inch
waterline within Kamana, both of which front the subject parcel. The subject parcel is currently served by a
I-inch service lateral, capable of accommodating a 5/8-inch meter, which is limited to one unit of water with a
maximum daily usage of 600 gallons.
The Department has no objection to the proposed Change of Zone application subject to the applicant
understanding and accepting the following conditions:
1. The Department requests that the applicant submit estimated maximum daily water usage calculations for
the proposed office space, prepared by a professional engineer licensed in the State of Hawai'i, for review
and approval. The water usage calculations should include the total estimated maximum daily water usage
in gallons per day and the estimated peak flow in gallons per minute.
Upon acceptance of the water usage calculations, the Department will inform the applicant, if necessary, of
the water commitment deposit due, prevailing facilities charges to be paid, and any water system
improvements required for water service. If the estimated water demand is greater than 600 gallons per day,
the applicant will be required to install a larger or additional 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 installed, 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 fronting the
property affected by the proposed development, the applicant shall be responsible for the relocation and
adjustment of the Department's affected water system facilities, should they be necessary.
r=~~~~---"--"""--""-~~<~~"'-~=":'
Planning Dept. ~ S(~j"%\fl'I EI) I
Wu b ~h.b'.t 3 l "'. ,. ..j
. I I I { ill)
... ater rtna6 proare ... ; "', .' . - i
(} (} , tj'v' fi ~ ~ 662 l
The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA,iDire~t'or: '0ffiM'.&'eMt. . _ _ " j
Rights, Room 326-W, Whitten BuildinQ, 14th and Indeoendence Avenue, SW. W"",hinnton nr. ?O?'iO_Q410 Or ""II/?n?\ 7?n,"a'If)Fi'\");--l"=-,,>ffl.........,,'--~~~.=..=,
Ms. BJ Leithead Todd, Planning Director
Page 2
August 18, 2009
4. Please be informed that the existing 8-inch waterline within Kino'ole Street is looped, and therefore,
adequate to provide 2,000 gallons per minute for fire protection, as required per the Department's Water
System Standards.
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at
961-8070, extension 255.
Si~rely yours,
I
{
FM:dfg
copy - Ms. Janice Oshiro
Mr. Sidney M. Fuke, Planning Consultant
WlllIRiam P. Kell1loi
,Uayor
HmrJrY S. KllRbojJiJrll
Police Chief
~(1)
lP'aulli II(. Fell"lt'eim
Deputy Police Chief
County of Hawa.ii
POlLI ClE DEPARTMENT
349 Kapiolani Street. Hilo, Hawaii 96720-3998
(808) 935-3311 . Fax (808) 961-8865
July 28, 2009
TO EAD TODD, PLANNING DIRECTOR
FROM D R D. PACHECO, ASSISTANT POLICE CHIEF
AREA I OPERATIONS
SUBJECT: CHANGE OF ZONE APPLICATIONS (REZ 09-000100)
APPLICANT: JANICE OSHIRO
REQUEST: RS-10 TO CG-20
TAX MAP KEY: 2-2-22:8
Staff, upon reviewing the provided documents and visiting the proposed site,
does not anticipate any significant impact to traffic and/or other public safety
concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions or concerns, please contact Captain Kenneth Vieira of
our S. Hilo Patrol Division at 961-2214.
KV: iii
Planning Dept.
d
IF h'b't 4j
~"X I I "
I SCANNED
By: J8L~58015
"Hawai'i County is an Equal Opportunity Provider and Rmnlov..r"
William Kenoi
Mayor
D~~~?g,~~~~~pn
~ , Ivan M. Torigoe
~3 Ii ~~;'.;l n
-" tPIfQUfJl.~i~for
(!Iounf\! of ~afuaiti
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street · Hilo, Hawai'i 9~720 .
(808) 961-8083 . Fax (808) 961-8086'
http://ea.hawaii.hi.us/direetary/dir envmng. htm
MEMORANDUM
I
Date
I
To
I
]From:
I
Subject:
July 27,2009
BJ LEITHEAD TODD, Planning Director
LONO A. TYSON, Director y....T
Change of Zone Application (REZ 09-000100)
Applicant: Janice Oshiro
Request: RS-l 0 to CG-20
TMK: 2-2-22:8
}\Ie have reviewed the subject application and offer the following recommendations:
PEPARTMENT COMMENTS: ~ \0 ~.MJCN:r;t:. (SeLDW'
}\I ASTEW A TER COMMENTS:
( ),..No comments
~ (v) 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
I of the Hawaii County Code. .
~~ Other: P n yt.L{i;(..... 1.5 t c." O'l.A-erfll-"! KL. j;~:::)~'iJJ U"'" '(b to v.. v'''''' '1 :; t:'-.Jt:vt.-
I Blot. 7 l~ NJ, <"DNNCG~-y;:J
SOLID WASTE COMMENTS:
I
( ) No comments
~ ~ Commercial operations, State and Federal agencies, religious entities and non-profit
I organizations may not use transfer stations for disposal.
fXi) Aggregates and any other construction/demolition waste should be responsibly reused to
I its fullest extent.
~')<)) Ample and equal room should be provided for rubbish and recycling.
~)O) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or
I, 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 follow~. Provide update t6 the department on current status.
d ) Other: .
I
cc: SWD, WWD
Planning Dept.
Exhibit S
~~AN~ED
AUG 0 3 2009
By: 055100 I
County of Hawai' i is an Equal Opportunity Provider and Employer.
William P. Kenoi
Mayor
Lono A. Tyson
Director
Ivan Torigoe
Deputy Director
(ITlIunfl! lIf ~afucti &i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street · Hilo, Hawaf i 96720
(808) 961-8083 . Fax (808) 961-8086
http://co.hawaiLhi.us/directory/direnvrnng.htm
February 12, 2009
SOLID WASTE MANAGEMENT PLAN
Guidelines
INTENT AND PURPOSE
This is to establish guidelines for r.eviewing 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 ofHawai'i 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'j
solid waste laws, regulations, and administrative rules.
Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste
Division Chief at 808-961-8515.
CONCUR:
~ A.T~ f
Lono A. Tyson
DIRECTOR
County of Hawai. i is an Equal Opportunity Provider and Employer.
LINDA LINGLE
(iOVERNOR OF 11,\WAIJ
L,\UltA H. TIIIE1..EN
CllJ\IIiI't;~SON
ll(lI\lW OF 1.J\NIlAN/) Nt\TU\(A1. HFSOUHCl.:...,",
cOM"nSS10N ON W,\TI]{ H.ESO\1HCE ~1^NMa:MO,rr
'"'"..
"'..... ~}
:l5
IllJSSEl.1. Y. TSIJJI
FIRST DEl'trfY
KEN C. KAWAIIA){A
nEPUry fII<< EGOI( . \\'ArBl
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
STATE HISTORIC PRESERVATION DIVISION
601 KAMOKILA BOULEVARD, ROOM 555
KAPOLEI, HAWAII 96707
:\()I).'\"I"I(".f<ESOUR(:I:..<;
1.I0,\TI!'JO ANn OCEAN RECI(E.I\TION
l~liHE." U OF CONVI~Y ANCI:S
COMt-IISSH)N ON WATER HE<;()li!(CE M^,'-:AGEM EN'I'
CONSER V'\TIO~ ANn COASTAL 1."Nns
Ct)NSE!{VATlnN ANI.lIl.FSOllRr.F..-; ENFOIU:t:MENT
ENGINEER iNli
nJl(ESTHY ANI) WII.I)I .11:1:
HISTt'>HIC I'HF$F]IVATION
KAI1I)OI.I\Wl~ ISI.AND I(ESERVECOMMISS10N
LAND
STATE l'AJ.iK5
August 3, 2009
BJ Leithead Todd, Planning Director
County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
LOG NO: 2009.2551
DOC NO: 0908MD02
Archaeology
Dear Ms. Leithead Todd:
SUBJECT:
Chapter 6E-42 Historic Preservation Review -
Request for Comment on a Change of Zone Application (REZ 09-000100)
Waiakea Ahupua'a, South Hilo District, Island of Hawaii
TMK: (3) 2-2-022:008
r",' t:, k,\ f'l:-"
'-......,.. t;;,..
Thank you for the opportunity to comment on the aforementioned project, which we received on July 9,
2009. The applicant has short-term plans to rent the current property and construct a new parking lot, with
long-term plans to make changes to the house and convert it into office space. Please note that this letter
does not provide a determination for the house renovations, as the house is over 50 years old. At the time
of these building renovations we recommend you contact our architectural branch at our Kapolei office.
We determine that no historic properties will be affected by this project because:
o Intensive cultivation has altered the land
IZl Residential development has altered the land
IZl Previous grubbing/grading has altered the land
o An accepted archaeological inventory survey (AIS) found no historic properties
o SHPD previously reviewed this project and mitigation has been completed
1SI Other: SHPD previously reviewed this project and determined no historic properties will be affected,
provided that no alterations to the home occur prior to review by our A rchitecture Branch in
Kapolei (Log No. 2009.2526, Doc No. 0907MD08).
1]1 the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and
lava blisters/bubbles 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.
A1~~
fU;P,L--
Theresa K. Donham, M.A., Lead Archaeologist
Hawaii Island Section, State Historic Preservation Division
Cc: SHPD Architecture Branch, Kapolei
Planning Dept.
Exhibit ~
I . ' ·
iSCANNEDI
I Bv' f\Ub t7SZr!O 6 ~
i .J ~---"'-_.._- n
5J ~,
. =-~.''''';''''''''~=~~='
" .
LINDA LINGLE
GOVERNOR OF HAWAII
LAURA H. THIELEN
," W.A~UWtX~kf.S~W~ES
-~.qtl WA'fl1:R JU;:SOURCE ~NAGEM:ENT
:'-';..' [. t ~
U"- -;:!
.Jut ;) 1
t2= Lj2
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOLULU, HAWAII 96809
July 28, 2009
~.
County of Hawaii
Planning Department
101 Pauahi Street Suite 3
Hilo, Hawaii 96720
Attention:
Mr. Norman Hayashi
Ladies and Gentlemen:
Subject:
Change of Zone Application (REZ 09-000100) D ~ '^; ('"
Thank you for the opportunity to review and comment on the subject matter. The
Department of Land and Natural Resources' (DLNR) has no other comments to offer on the
subject matter. Historic Preservation will be responding through a separate cover letter. Should
you have any questions, please feel free to call our office at 587-0433. Thank you.
Sincerely,
~~Q~
ff\Morris M. Atta
U Administrator
Planning Dept.
Exhibit 7
SCANNED
AUG 0 3 [DD9
eP55071
LINDA LINGLE
GOVERNOR
j "".,"
J iJ
5;}: l.J 7
CHIYOME L. FUKINO, M.D.
Director of Health
STATE OF HAWAII
DEPARTMENT OF B.EAL TH
P.O. BOX 916<L
HILO: HAWAII 96721-0$1Ji
MEMORANDUM
DATE: August 6, 2009
TO: BJ Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye ;-.,)-
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 09-000100)
Applicant: Janice Oshiro
Request: RS-10 to CG-20
Tax Map Key: 2-2-22:8
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-planningilanduse/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 09-000 100.at
Planning Dept.
Exhibit g
I SCANNED I
I I
I tlUG \ 0 1009 I
, I
j ][) 0 h h 6.) ':~l I
IVY: J .1 v'~
!
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212. Hila, Hawaii 96720
Telephone: (808) 969-1522 . Fax: (808) 969-7996
E-mail: sidfuke@hawaiiantel.net
rLJ~iN;:1;';\.i(:; DEF),;~
G n: ~ hf 'r~!(-1 ;~,~ t:,~ /
,}:~) ~Irnning . Variance. Zoning
, ,'. Subdivision. Land Use Permits
. Environmental Reports
Q: lJ?
I . c._
iU]? AUG -- 5
August 5, 2009
Ms. BJ Leithead Todd, Director
Planning Department
COUNTY OF HAW AI'I
101 Pauahi Street
Hilo, Hawai'i 96720
Dear Ms. Leithead Todd:
Subject:
Rezoning Application (REZ 09-000100) - Janice Oshiro
Waiakea House Lots. South Hilo. ID. TMK: 2-2-022: 008
Thank you for providing me with a copy of agency comments to date. In response to
these comments, we note the following:
a. The Police Department did not express any "significant impact to traffic and/or public
safety concerns";
b. The State Department of Land Natural Resources - Land Division had not comments
to offer and noted that the Historic Preservation Division will respond separately.
c. Relative to the County Department of Environmental Management's comments, the
applicant intends to have the wastewater system connect to the County's sewer line
fronting Kamana Street. That is currently underway.
Please note that the site is already improved and as such, the only waste material
would be associated with the renovation of existing structure. The construction-
related waste will be disposed off by 'the contra,ctor at the authorized County landfill.
As such, the applicant requests that should there be a need for a Solid Waste
Management Plan, it be done only in conjunction with the construction of a mm:
buildinll.
We trust that the above adequately responded to the comments. If not or if there are
further questions or comments, please feel free to contact me. Thank you very much.
~IY~
SIDNEY M. FUKE
Planning Consultant
Copy - Ms. Janice Oshiro wi enclosures
Planning Dept.
Exhibit 9
SCANNED
AUG G '! 7009
I n..1~l55232
I lDi~
~~
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212' Hila, Hawaii 96720
Telephone: (808) 969-1522 . Fax: (808) 969-7996
E-mail: sidfuke@hawaiiantel.net
. Planning' Variance' Zoning
. Subdivision' Land Use Permits
. Environmental Reports
f fJ i\H It: [19
August 17, 2009
Ms. BJ Leithead Todd, Planning Director
COUNTY OF HAWAII
101 Pauahi Street
Hilo, ill 96720
Dear Ms. Leithead Todd:
Subject:
Rezoning Application - Janice Oshiro
TMK: 2-2-22: 08 (REZ 09- 000100)
Thank: you for providing me with a copy of agency comments to date regarding the
subject application. We note that the State Department of Health did not have any
objections to the request. Likewise, the State Historic Preservation Division determined that
"no historic properties will be affected" by this project.
Relative to the comments of the Department of Public Works. as the applicant
intends to renovate the existing structure, the only drainage-related implication would result
from the construction of the parking area and driveway. Prior to making these
improvements, a grading plan will have to be submitted meeting with the requirements of
the Department. The plan will be submitted in conjunction with the grading permit.
Relative to the relocation of the Kinoole Street driveway, the applicant respectfully
requests its retention for as long as the existing structure is used as a residence. However,
upon its commercial conversion, the applicant will relocate the driveway to either Kamana
Street or Kinoole Street at a distance and in a manner that conforms to the County Code.
The applicant understands the public benefit of having a sidewalk along Kamana
Street, fronting the subject property. As such, it would not object to eventually having it
constructed. However, it respectfully requests that construction be deferred until the
driveway is relocated, at which time it would be more feasible to construct the sidewalk.
Should there be questions or additional comments relating to this matter, please feel
free to direct them to me. Thank you very much.
~~~
Planning Consultant
Enclosures
Copy - Janice Oshiro wi enclosure
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SidneyFuke, Planning Consultant
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"" Ii""; ~ l, ~~I~PAilrM}i:rlrlanning. Variance' Zoning
~",. . Subdivision. Land Use Permits
. Environmental Reports
100 Pauahi Street, Suite 212. Hila, Hawaii 96720
Telephone: (808) 969-1522 . Fax: (808) 969-7996
E-mail: sidfuke@hawaiiantel.net
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August 25, 2009
Ms. BJ Leithead Todd, Director
Planning Department
COUNTY OF HAW AI'I
101 Pauahi Street
Hilo, HI 96720
Dear Ms. Leithead Todd:
Subject:
Rezoning Application - Janice Oshiro,
TMK: 2-2-22: 08 (REZ 09- 000100)
This is in response to the comments from the Department of Water Supply regarding
the subject matter.
The applicant is in the process of renovating the existing structure and intends to
have it used as a single-family residence for the next few years. The applicant also plans to
utilize a portion of the site to partially accommodate the parking needs of some of the
surrounding business establishments.
In that regard, the applicant does not envision the potable water demand to exceed
the standard residential requirement for the next few years. Accordingly, we respectfully
request the deferral of meeting with any of the water improvements (such as a backflow
preventer) or water use calculations and commitment fees until the existing or a new
structure on the site is used commercially. The studies and/or commitment fee could be
done prior to issuance of Plan Approval with any required construction prior to issuance of
an occupancy permit.
We would appreciate your favorable consideration of this matter. Should you have
any questions on this matter, please feel free to direct them to me. Thank: you very much.
Sincerely,
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SIDNEY M. F
Planning Consultant
Enclosure
Copy - Janice Oshiro wi enclosure
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RJOshiroREZ.doc-8/26/09
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
JANICE OSHIRO
CHANGE OF ZONE APPLICATION (REZ 09-100)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Director reserves the right to modify and/or alter this
recommendation based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicant requests a change of zone from RS-IO to CG-20 to renovate an
existing vacant single-family dwelling for a residence and conversion into an office
building in the future. Portion of the site will be improved to provide employee parking
for existing medical clinic and optometry offices close to the subject property.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must 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 (RS-IO) to the
General Commercial Mixed (CG-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. Land Use is one of the
principal focal points of public concern and policy. The Land Use Element provides the
primary basis for direct control and guidance of publicly and privately owned resources.
The request conforms to the goals, policies and standards of the General Plan in
that the proposed project will be developed in an area adequately served by necessary
services such as water, utilities, sewers and transportation systems. The applicant is
requesting a General Commercial zoning. The proposed project conforms to the Land
Use Commercial policy which states "the distribution of commercial areas shall meet the
demands of neighborhood, community and regional needs. "
The Land Use Pattern Allocation Guide (LUP AG) 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 LUP AG Map establishes the basic urban
and non-urban form for areas within the County. The project area is designated High
Density Urban on the LUP AG Map. This designation includes general commercial,
multiple family residential and related services. The requested General Commercial
zoning would be consistent with the High Density Urban designation on the LUP AG
Map for this area ofHilo.
The State Land Use designation for the property is Urban. The Land Study
Bureau's Productivity Rating for the project site is Unclassified. The Hilo Community
Development Plan (CDP) adopted in 1975 designates this area is RM-4, and suggests the
retention of residential uses in this area. However, this area has been transitioning to
commercial uses, including real estate offices, public facilities, medical offices, and
general commercial uses. The advantage of this area is its close proximity to other
commercial and residential population ofHilo. The proposed change of zone would
complement the existing commercial land uses that currently in existence and provide for
an orderly development of the area.
The property is located on the northeast comer of Kino ' ole Street and Kamana
Street. Currently, there is a single-story, approximately 1,202-square foot dwelling and
carport on the site. The property was formerly used as a site of a single-family dwelling.
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The structure has been vacant for the past six months and is currently being renovated for
interim residential use.
The land uses in the immediate area are a mix of commercial and residential uses.
Immediately adjacent properties are zoned RS-lO and in single-family residential uses.
The property mauka across Kino'ole Street is zoned CG-20, site of an accountant's
office. The parcel to the south across Kamana Street is zoned CG-20 and is vacant.
Commercial uses nearby include the Kamana Senior Center southwest of the site, and
medical offices on Kino' ole Street.
All utilities and services are available to the site. Access is proposed from the
existing driveway fronting Kino'ole Street. The applicant may consider another access
from Kamana Street in the future. The Department of Public Works recommends the
following:
. improvements to the entire Kamana Street frontage consisting of, but not limited
to, pavement widening with concrete curb, gutters, and sidewalk, drainage
improvements, and any utility relocation.
. "full width" concrete sidewalks along the property's entire Kino'ole Street
frontage, replacing the existing planter area with concrete.
. removal of the existing driveway on Kino'ole Street and relocation along either
Kino'ole or Kamana Street, preferably on Kamana Street, at least 75 feet from the
intersection of Kino' ole Street and Kamana Street, in compliance with Chapter 22,
County Streets, of the Hawai'i County Code.
The applicant would like to retain the Kino'ole Street driveway for as long as the existing
structure is used as a residence. However, upon conversion to a commercial structure,
the driveway will be relocated to either Kamana Street or Kino' ole Street conforming to
the County Code.
County water is available to the site. The project will connect to the County's
sewer line. Solid waste will be handled by commercial haulers. If required, a Solid
Waste Management Plan will be prepared. Electricity and telephone services are
available to the site.
-3-
The project site has no severe geological or topographical problems which cannot
be rectified or which would render the land unusable. The property 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 property is currently used as a dwelling site, thus, no professional
archaeological survey was conducted of the site. By letter dated July 7,2009, the
applicant requested a letter of "no effect" from the DLNR Historic Preservation Division
(HPD). By letter dated August 3,2009, the DLNR-HPD has indicated that no historic
properties will be affected by this project provided that no alterations are made to the
dwelling prior to review by the Architecture Branch of the DLNR. The applicant has
stated that should any archaeological features or site be discovered during the
development of this project, work will immediately cease and the Planning Department
will be notified. Likewise, no professional flora or fauna surveys were conducted, as the
applicant does not believe that rare or endangered floral or faunal resources are on the
improved site. The property is located in an urban setting close to existing commercial
uses and fully developed with a single-family dwelling and carport.
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 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. 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. Therefore, no action is
necessary to protect these rights.
Based on the above findings, approval of this change of zone request from a
Single-Family Residential (RS-IO) to a General Commercial (CG-20) zoned district
would result in an appropriate land use pattern that will further benefit the general public.
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The accompanying draft bill to amend Section 25-8-33 (City ofHilo Zone Map),
Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
-5-
CJOshiroREZ.doc-8/27/09
JANICE OSHIRO
CHANGE OF ZONE APPLICATION (REZ 09-100)
CONDITIONS OF APPROVAL
A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. Prior to the issuance ofa 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. The applicant shall install a reduced pressure type backflow prevention assembly
within five (5) feet of the water meter on private property, which must be
inspected and approved by the Department of Water Supply.
D. The property shall be converted for commercial use within five (5) years from the
effective date of this ordinance. Prior to conversion of the property for
commercial use, the applicants, successors or assigns shall secure Final Plan
Approval for the proposed development from the Planning Director in accordance
with Section 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), Chapter 25 (Zoning
Code), Hawaii County Code.
E. Access( es) to the project site shall meet with the approval of the Department of
Public Works. All driveway connections to Kino' ole Street or Kamana Street shall
conform to Chapter 22 (County Streets) of the Hawaii County Code.
F. The applicant shall provide improvements to the project's frontage along Kamana
Street consisting of, but not limited to, pavement widening with concrete curb,
gutter and sidewalk, drainage improvements and any required utility relocation,
meeting the approval of the Department of Public Works. The improvements shall
be completed within five (5) years from the effective date of this ordinance.
G. Full width concrete sidewalks along the property's entire Kino'ole Street frontage
shall be provided within five (5) years from the effective date of this ordinance.
H. Streetlights and traffic control devices shall be installed, if 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 the approval of the Department of Public Works prior to the
issuance of a Certificate of Occupancy.
1. The project shall connect to the existing County sewerline prior to the issuance of
a Certificate of Occupancy for any commercial structure.
K. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of Final
Plan Approval.
L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine
shell concentrations or human burials be encountered, work in the immediate area
shall cease and the Department of Land and Natural Resources - State Historic
Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent
work shall proceed upon an archaeological clearance from DLNR-HPD when it
finds that sufficient mitigation measures have been taken.
M. 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.
N. The applicants shall comply with all County, State and Federal laws, rules,
-2-
regulations and requirements.
O. An initial extension of time for the performance of conditions within the ordinance
may be granted by the Planning Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the appticant(s) should require an additional extension of time, the
Planning Department shall submit the applicants' request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
-3-
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COUNTY OF HAWAI'I
STATE OF HAWAI'I
BILL NO.
ORDINANCE NO.
( (J(arl#/~1
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AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HA W AI'I COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE
FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-1 0) TO GENERAL COMMERCIAL
- 20,000 SQUARE FEET (MCX-20) AT W AIAKEA HOUSELOTS, SECOND SERIES,
W AIAKEA, SOUTH HILO, HAW ArI, COVERED BY TAX MAP KEY: 2-2-022:008.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai'i
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 Houselots,
Second Series, Waiakea, South Hilo, Hawai'i, shall be General Commercial- 20,000
square feet (CG-20):
Beginning at a pipe at the south comer of this lot and at the comer of Kino 'ole
Street and Kamana Street, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALA'I", being 2,628.01 feet south and
6,130.59 feet east and running by azimuths measured clockwise from true South:
Thence along a curve to the right with a radius of20.00 feet, the chord azimuth and
distance being:
1.
1030 10'
28.28
feet;
2.
1480 10'
100.00
feet along the east side of Kino' ole
Street;
3.
2380 10'
170.00
feet along Lot 12;
4.
3280 10'
120.00
feet along Lot 14;
-1-
5.
580
10'
150.00
feet along the north side of Kamana
Street to the point of beginning and
containing an area of20,314 square
feet, 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, Hawai'i 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 ofthe 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 HAW AI'I
, Hawai'i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-2-
I"
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAW AI'! COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL -10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL-
20,000 SQUARE FEET (CG-20) AT WAIAKEA HOUSE LOTS, SECOND SERIES,
W AIAKEA, SOUTH HILO, HAW AI'I
MAP PREPARED BY:
COUNTY OF HAWAI'I, PLANNING DEPARTMENT
TMK: 2-2-22:8
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E::VUIOIT nAn
DATE: July 17,2009
(Janice Oshiro
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JANIC~ OSHIRO
CHAN"~E OF ZON~ A~PLICA1?I()NeREZ 09-100)
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'. . prop~:sllie':applicantCs9;shall'ri1ake:its:(tl1eiF1fair"share,contribufiontto;"mitigafe:tI1e.
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dueahd.payatHepriorto:reGeipt. of Firial lUan Approval. The:fam,sharecoritributionJor
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qetertmitle<I'!oytheCountyi€ounc.il; . .10~~fai~" share contribution,may,be *diusie<l annuaily
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hav~;ac?mb.in,e~v~!u~qf~7383. 3 6 per multiple family fesi~enti~lllnit ($11 ~506.JJper
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number of units according to the calculation and payment provisions set forth in this
condition.
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A. The fair share contribution per multiple family residential unit (single family
residential unit) shall be allocated as follows:
1. $3.642.00 ,per multiple fa.mily residential unit. ($5.548.46 per single family
resi~eJ1tia.lunit}to,the.~0.urlty to support park.and recreatiollal
improvements and .facilities:
. ~l~~.,11p~r multiple.Jalliil),'residentialunif:.($267.66 per single' family
resid'entialut1it}.tothe COUl1tyto)support.p6licefasilities:
$3?4~'08'perrnultiple fa.rnilyrdHdelltialllflit~$'528;66'peLsillgle. family
resi(ielliial unit)' .to..the9~ti~i$'tosupp6rtfire ..f~cilities:
2.
3.
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4. $157.~8itper .rl1ii1tiplefamil)JreS1deriHa.lunit($~3'1045pet.. s~nglef~rllny
residential uriit),totheJDollt1ty t().support solid'wa.ste.facilitie~:a~d
5. ~~YI.14:3~per trlult~ple'#il1ily..tesid~t1tialuriit.~t$:t~~2~~90'per;s.ingle. .family
reside~tialtinit},to.the",'Gouti~ .t()..'Siipp6rtroad;and.tra.flic,frripr()~~rnefitS;'
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Irilietl'of.paying.;the.fa.ir.shaF~,cOfitribtlti()n...the.' applicaribmay.c6ntributeland
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and/or.cohstruct. itnproveinen~slfacifities ..related.toparksand. recreation.. fire,
polic.e....s(jl~d'Yastedi~po~alfaci~iti~s..an~ .roads wit~inth~.'.r~~ion.impaCtedhythe
pr()p~s.~g~~yel~pm~ht. .sllbjectt():the 'reyi~w andre~()rtirl1etidatioll'(~f:!~e':plann1ng
.Directot.@J.(}I1consulta!ion with the ~ppropriate a~~hciesand.approval)()f the
C6untyCotlt1cil.
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