HomeMy WebLinkAboutCOM 0368.000 2010-2012William P. Kenoi
Mayor
September 8, 2011
County of Hawaii
25 Aupuni Street • Hilo, Hawai'i 96720 • (808) 961 -8211 • Fax (808) 961 -6553
KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawai'i 96740
(808) 323-4444 • Fax (808) 326 -5663
Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Members:
Initiator: Planning Director
Amendment to Chapter 25, Article 8, Section 25 -8 -33 of the Hawai`i County Code 1983
(2005 Edition, as amended) Relating to the City of Hilo Zone Map and Regarding the
Relocation of Proposed 60 -Foot Wide Future Right -of -Way Between Akolea Road and
Iwipolena Street to the North to Align With Haleloke Street in the Vicinity of Hilo
Heights Subdivision, Punahoa 1st, South Hilo, Hawai`i
V1 Change of Zone Application (REZ 11- 000138)
Applicant: Christopher & Latisha Venti
Request: RS -10 to CV -10
Tax Map Key: 1 -5- 011:011
Initiator: Planning Director
Amendments to the Puna Community Development Plan (Puna CDP)
(1) Relating to Non - Substantive Language, Spelling, and Formatting of
Certain Sections of the Puna CDP; and
(2) Relating to Identification of Boundaries for Regional Town Centers,
Community Village Centers & Neighborhood Village Centers
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 Windward Planning Commission's letters and enclosures
regarding the above - referenced requests.
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
Hawaii County is an Equal Opportunity Provider and Employer
Comm No.
36.1)
Ref. To: Pc
Ref. Date SEP 21 Mt
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720
Phone (808) 961 -8288 • Fax (808) 961 -8742
SLP 0 a 1011
The Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Council Members:
Change of Zone Application (REZ 11- 000138)
Applicant: Christopher & Latisha Venti
Request: RS -10 to CV -10
Tax Map Key: 1 -5- 011:011
The Windward Planning Commission, at its duly advertised public hearing on August 4, 2011,
considered the above - referenced request for a Change of Zone in accordance with Chapter 25,
(Zoning Code), Hawai`i County Code 1983 (2005 Edition) and Rule 10 of the Planning
Commission Rules of Practice and Procedure, from a Single Family Residential — 10,000 square
feet (RS -10) to a Village Commercial — 10,000 square feet (CV -10) zoned district for
approximately 10,609 square feet of land. The subject property is located on the north side of
Pahoa Village Road, across from the Pahoa Cash and Carry Store employee's parking lot at
Nanawale Homesteads, Pahoa, Puna, Hawai`i.
The Planning Director had recommended that the Commission forward a favorable
recommendation to the County Council on the request. The Commission, however, after
considering the record and testimony for this application, voted to send an unfavorable
recommendation to the County Council for the following reasons.
The applicants are requesting a Change of Zone from Single - Family Residential -
10,000 square feet (RS -10) to Village Commercial - 10,000 square feet (CV -10) for
approximately 10,609 square feet of land. The subject property is located on the north
side of Pahoa Village Road, across from the Pahoa Cash and Carry Store employee's
Hawai`i County is an Equal Opportunity Provider and Employer
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 2
parking lot at Nanawale Homesteads, Pahoa, Puna, Hawai`i, TMK: 1 -5 -11: 11. The
applicants' reasons for requesting the change of zone are to increase their property's
value. They do not have specific development plans at this time, but intend to continue to
use the property as a vacation rental.
The Windward Planning Commission, after hearing testimony from the applicant
and members of the public, voted to forward an unfavorable recommendation based upon
the following reason:
According to the Zoning Code, a change in zoning district classification for a
property should be granted only if the zoning district change would result in a more
appropriate land use pattern that will further the public necessity and convenience and the
general welfare; and be consistent with the goals, policies, and standards of the General
Plan. Since the applicants do not have specific plans for the development of the subject
property at this time, the Windward Planning Commission could not determine if
changing the zoning district classification would promote the general welfare or meet the
goals, policies and standards of the General Plan and Puna Community Development
Plan. The Commission believes that the applicants request is speculative and would only
financially benefit the applicants rather than provide a benefit to the Pahoa community.
Thus, the Windward Planning Commission is recommending that the request to
rezone the property from a Single - Family Residential - 10,000 square feet (RS -10) to
Village Commercial - 10,000 square feet (CV -10) zoned district not be approved.
We are enclosing an amendment to Section 25 -8 -26 (Pahoa Zone Map) of the County Zoning
Code. Because of this unfavorable recommendation, there are no conditions attached to the draft
bill.
We are also enclosing copies of the staff Background and Planning Director's Recommendation
as well as a transcript of the hearing for your information.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 3
Should you have any questions on this matter, please contact Daryn Arai of the Planning
Department at 961 -8288.
Sincerely,
Zendo Kern, Chairman
Windward Planning Commission
Lventirezl 1 -000138wpc2
Enclosures
cc: Christopher and Latisha Venti
All Aina Services
Department of Public Works
Department of Water Supply
Julie Mecklenburg, Esq.
BVen6REZ- 6/23/11
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
CHRISTOPHER AND LATISHA VENTI
CHANGE OF ZONE APPLICATION (REZ 11 -138)
CHRISTOPHER AND LATISHA VENTI have submitted an application for a Change
of Zone from a Single- Family Residential — 10,000 square feet (RS -10) to a Village Commercial
— 10,000 square feet (CV -10) zoning district for approximately 10,609 square feet of land. The
subject property is located on the north side of Pahoa Village Road, across from the Pahoa Cash
and Carry Store employee's parking lot at Nanawale Homesteads, Pahoa, Puna, Hawai`i,
TMK: 1 -5 -11: 11.
PROPOSED ACTION
1. Applicant's Request: Change the zoning district from Single- Family Residential —
10,000 square feet (RS -10) to a Village Commercial — 10,000 square feet (CV -10) for
10,609 square feet of land. According to the Zoning Code, the purpose of the Village
Commercial zoning district is to provide a broad range or variety of commercial and light
industrial uses that are necessary to serve the population in rural areas where the
supplementary support of the general business uses and activities of a central commercial
district is not readily available. Requirements for establishing a land use in the CV
district, including a list of the variety of permitted land uses, are shown in Section 25 -5-
120 to 128 of the Zoning Code. (P.D. Exhibit 1— Zoning Code Requirements for
Village Commercial Districts)
2. Reason for Request: The applicants are requesting the change of zone in order to
increase their property's value. They do not have specific development plans at this time,
but intend to continue to use the property as a vacation rental. (P.D. Exhibit 2 - Change
of Zone Application)
3. Landowners: Christopher and Latisha Venti.
STATE AND COUNTY PLANS
4. State Land Use District: Urban.
5. General Plan LUPAG Map Designation: Medium Density Urban.
6. Current County Zoning: Single- Family Residential — 10,000 square feet (RS -10).
7. Puna Community Development Plan (PCDP), as amended by Ordinance 10 104:
The subject property is located within the Pahoa Regional Town Center Boundary.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
8. Subject Property: The property is approximately 10,609- square feet in size and
rectangular in shape. Structures on the property include an approximately 976 - square
foot single- family dwelling built in 1939 which is currently being used as a vacation
rental. The dwelling extends into the side yard setback near the northwest property line
but because the house was built prior to the Zoning Code, it is considered a non-
conforming structure.
9. Surrounding Land Uses /Zoning: Surrounding lands are zoned RS -10 or CV -10 and
include a mix of commercial and single - family residential uses. The property to the west
is the site of the former police substation. A surfboard shop is located on the adjacent
property to the east. A single - family dwelling and the Pahoa Cash and Carry parking lot
are located to the south across Pahoa Village Road.
10. U.S.D.A. Soil Type: The Keaukaha series (rKFD) consists of well- drained, thin organic
soils overlying pahoehoe lava bedrock. Runoff is medium and the erosion hazard is
slight.
11. Agricultural Lands of Importance to the State of Hawaii (ALISH): Existing Urban
Development.
12. Land Study Bureau's Soil Productivity Rating: Urban.
13. Flood Zone: Zone X, an area determined by FEMA to be outside the 500 -year flood
plain.
14. Flora/Fauna Resources: The property has been developed with a dwelling since 1939.
Thus no floral or faunal surveys have been prepared for the property. According to the
applicants, due to the property's close proximity to urban areas it is not likely to have
endangered floral or faunal species.
-2-
15. Archaeological /CulturaUHistorical Resources: No archaeological inventory survey
was prepared as the property has been developed since 1939 with a dwelling. According
to the applicants, no valued cultural or historical resources exist on the site and no
traditional and customary native Hawaiian rights are exercised on the site.
16. Public Access: There is no public access to the mountains or the shoreline that traverses
the property.
17. Traffic: Currently traffic at the property is minimal because the dwelling is used as a
vacation rental.
UTILITIES AND SERVICES
18. Access: Access to the property is from Pahoa Village Road, a County -owned and
maintained roadway with a pavement width of approximately 22 feet within a 30 -foot
wide right -of -way. The General Plan identifies Pahoa Village Road as a collector street
which requires a minimum right -of -way width of 60 feet.
19. Water: County water is available from an 8 -inch waterline within Pahoa Village Road.
The property is currently served by a 5/8 -inch meter that is limited to an average daily
usage of 400 gallons.
20. Wastewater: An existing cesspool on the property services the dwelling.
21. Solid Waste: There are no municipal waste collection services in the County. All solid
waste generated by the development will require private disposal at the Pahoa transfer
station or the Hilo landfill.
22. Utilities and Services: Electric and telephone services are available to the property.
Police and fire services are available nearby in Pahoa and medical services are available
in Pahoa and Hilo.
AGENCY COMMENTS PROVIDED
. 23. Department of Public Works: P.D. Exhibit 3 — June 6, 2011 memo
24. Department of Water Supply: P.D. Exhibit 4 — June 22, 2011 memo
25. Police Department: P.D. Exhibit 5 — May 31, 2011 memo
26. Department of Health: P.D. Exhibit 6 — May 26, 2011 memo
-3-
AGENCIES - NO COMMENTS OR OBJECTIONS
27. Department of Environmental Management, Fire Department.
AGENCIES — NO RESPONSE
28. DLNR -State Historic Preservation Division, Department of Transportation.
PUBLIC COMMENTS
29. None as of this writing.
§ 25 -5 -120 HAWAI'l COUNTY CODE
Division 12. CV, Village Commercial Districts.
Section 25 -5 -120. Purpose and applicability.
The CV (village commercial) district provides for a broad range or variety of commercial and light
industrial uses that are necessary to serve the population in rural areas where the supplementary support of the
general business uses and activities of a central commercial district is not readily available.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25- 5-121. Designation of CV districts.
Each CV (village commercial) district shall be designated by the symbol "CV" followed by a number
which indicates the minimum land area, in number of thousands of square feet, required for each building site.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -122. Permitted uses.
The following uses shall be permitted in the CV district:
Adult day care homes.
Amusement and recreation facilities, indoor.
Art galleries, museums.
Automobile sales and rentals.
Automobile service stations.
Bars.
Bed and breakfast establishments, as permitted under section 25 -4 -7.
Boarding facilities, rooming, or lodging houses, provided that the maximum density
thousand two hundred fifty square feet of land area per rentable unit or dwelling unit.
Business services.
Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
Churches, temples and synagogues.
Commercial parking lots and garages.
Community buildings, as permitted under section 25 -4 -11.
Convenience stores.
Crop production.
Day care centers.
Dwellings, double - family or duplex, provided that the maximum density shall be one thousand two
hundred fifty square feet of land area per rentable unit or dwelling unit.
(18) Dwellings, multiple - family, provided that the maximum density shall be one thousand two hundred
fifty square feet of land area per rentable unit or dwelling unit.
(19) Dwellings, single - family.
(20) Family child care homes.
(21) Farmers markets. When the vending activity in a farmers market involves more than just the sale of
local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for
more than two days a week, the director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined appropriate to ensure its
compatibility with the existing character of the surrounding area.
Financial institutions.
Group living facilities.
Home occupations, as permitted under section 25 -4 -13.
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
shall be one
(22)
(23)
(24)
25 -74
Planning Dept.
Exhibit 1
ZONING § 25 -5 -122
(25) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses.
(26) Hotels, when the design and use conform to the character of the area, as approved by the director.
(27) Laboratories, medical and research.
(28) Lodges.
(29) Manufacturing, processing and packaging light and general, except for concrete or asphalt products,
where the products are distributed to retail establishments located in the immediate community, as
approved by the director.
(30) Medical clinics.
(31) Meeting facilities.
(32) Model homes, as permitted under section 25 -4 -8.
(33) Mortuaries.
(34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood
recreational areas and uses.
(35) Offices.
(36) Personal services.
(37) Photography studios.
(38) Public uses and structures, as permitted under section 25 -4 -11.
(39) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and
duplicating processes such as blueprinting or photostating shops, which are designed to primarily
serve the local area.
(40) Repair establishments, major, when there are not more than five employees, as approved by the
director.
(41) Repair establishments, minor.
(42) Restaurants.
(43) Retail establishments.
(44) Schools.
(45) Telecommunication antennas, as permitted under section 25 -4 -12.
(46) Temporary real estate offices, as permitted under section 25 -4 -8.
(47) Theaters.
(48) Utility substations, as permitted under section 25 -4 -11.
(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the
CV district, provided that a use permit is issued for each use:
(1) Crematoriums.
(2) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings
and golf club houses.
(3) Major outdoor amusement and recreation facilities. _
(4) Yacht harbors and boating facilities.
(c) Residential uses in connection with the operation of any permitted uses shall be permitted in the CV
district.
(d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall be permitted in the
CV district, as approved by the director.
(e) Buildings and uses normally considered accessory to the uses permitted in this section shall also be
permitted in the CV district.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25- 5-123. Height limit.
The height limit in the CV district shall be thirty feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
25 -75
§ 25 -5 -124 HAwAI`t COUNTY CODE
Section 25 -5 -124. Minimum building site area.
The minimum building site area in the CV district shall be seven thousand five hundred square feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -125. Minimum building site average width.
Each building site in the CV district shall have a minimum building site average width of sixty feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -126. Minimum yards.
The minimum yards in the CV district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district.
Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there
shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining
district.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -127. Landscaping of yards.
(a) All front yards in the CV district shall be landscaped, except for necessary access drives and walkways,
and except for the construction of one single- family dwelling and accessory buildings per lot.
(b) Where any required side or rear yard in the CV district adjoins a building site in an RS, RD, RM or RCX
district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in
height, within five feet of the property tine, except for necessary drives and walkways, and except for the
construction of one single - family dwelling and accessory buildings per lot.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. 05 -155, sec. 14.)
Section 25 -5 -128. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing structures in the CV
district, except for construction of one single - family dwelling and any accessory buildings per lot.
(b) Exceptions to the regulations for the CV district regarding heights, building site areas, building site
average widths and yards, may be approved by the director within a planned unit development.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. 05 -155, sec. 15.)
PLANNING DEPA <Tt ENT -
CHANGE OF ZONE APPLICATION
APPLICANTS: CHRIS AND LETISHA VENTI
RS -10 TO CV -10
TMK: (3) 1-5-011:011
3: I5.
Planning Dept.
Exhibit 7 ,
County of Hawaii
Dept. of Public Works
Building Division
101 Pauahi Street Suite 7
Hilo, HI 96720
April 11, 2011
To Whom It May Concern:
?MK: (3) 1-5-011:011
Christopher and Latisha Venti have retained the services of All Aina Services to act on
our behalves for an application for a Change of Zone Application. Any and all questions
regarding the application may be forwarded to them. We have authorized their agents to
act on our behalf concerning any inquiries that may arise.
All Aina Services
P.O. Box 291
Laupahoehoe, ITi 96764
(808) 969 -3882
hristopher Venti Latisha Venti
I4L
i/// Z //
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Chriktop La ; . t : Venti
APPLICANT'S SIGNATURE: DATE: / 0(
ADDRESS: 14 -4587 Kapohp Road, Pahoa, HI 9677$
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (Res.) (Fax)
LANDOWNER(S): Same as above
LANDOWNER SIGNATURE(S): DATE:.
LANDOWNER(S) ADDRESS: (May be letter)
REQUEST: RS -10 TO CV -10
(Existing g) (Proposed Wig)
TAX MAP KEY: (3) 1-5-011:011
STREET ADDRESS OF PROPERTY: 15 -2881 Pahoa Vide Road PahoaJ
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: .2435 acre, 0649 xi ft
AGENT: AAini Services
ADDRESS: PG Box 291
Laupahoehoe, HI 96764
TELEPHONE:(Bus.) (808) 969-3882
(Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: tDwnears COPIES: Agent
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?
If yes, please answer the rest of question I and then to
question 3.
a.
How many acres of the requested area do you intend to
subdivide?
b. Into what lot sizes?
c. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval?
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone who has firm
plans?
b. Sell or lease the land to someone who has tentative
plans?
c. Sell or lease the land to someone who has no plans?
a Keep it?
e. other (please state)
f. If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
3. What specific building plans do you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information,which you
feel might help us in evaluating your request.
None
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.
5.
Have you performed any study which discusses the
environmental impacts your request would nave on the
surrounding area and /or the County?
If so, please elaborate on your findings in the space
provided below.
No
6. Are there any buildings on the subject area? Yes
7.
If so, what kind?
A 976 sq ft single- family dwelling
What do you intend to do with those buildings if your
request is approved?
Keep it as a residence
Is the subject land currently being used for any
agricultural activity?
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
No
-3-
8.
To your knowledge, has there been any flooding and /or
drainage problem on the subject area? No
If so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement? No
If so, what kind?
Is the road adequate for the proposed traffic volume
or load?
10. What sort of governmental assistance and /or improvements
do you feel will be needed in the subject area when
developed?
yes eO
a. Schools
b, Roads
c. Sewer
d. Drainage
e. Police Protection
f. Fire Protection
g. Recreational Facilities
h. Recreational Facilities
i.
Yes
No
No
No
No
No
No
No
No
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.
Signature:
Address:
Telephone:
Date:
-5-
r.1.nnw#r,
< </ 1 � " 144.
4 -45-8/ KC1.16 4oa A
/ If
Background Report and Environmental Report
For the
Application for a Rezoning Request (RS-10 to CV -10)
TMK: (3)1 -5 -011:011
1. INTRODUCTION
The applicants, Chris and Letisha Venti, are the owners of the subject parcel that constitutes this zoning
application. The parcel contains 10,609 square feet. The applicants would like to rezone their property
from Residential 10,000 square feet to Commercial Village 10,000 square feet.
2. PROJECT LOCATION
The parcel is located at 15 -2881 Pahoa Village Road, Nanawale Homesteads, Pahoa, Puna, Island of
Hawaii.
3. PROJECT DESCRIPTION
There is a 976 square foot single- family dwelling on the parcel, built in 1939. Presently, the residence is
used as a vacation rental. The owners feel that re- zoning would increase their property's value in the
future, although they plan to continue the vacation rental operation.
4. CONFORMANCE WITH STATE AND COUNTY PLANS
a. State Land Use Designation: The subject parcel is situated within the State Land Use Urban District.
b. Chapter 205A, Coastal Zone Management: The proposed rezoning would not be contrary to concerns
of the Coastal Zone Management as it would not interfere with public access to the shoreline, scenic
and open space resources since it is approximately six miles inland from the coast.
c. Applicable goals and policies of the General Plan: The proposed re- zoning is consistent with the
following goals, policies, and objectives of the General Plan:
Economic Element:
• Provide residents with opportunities to improve their quality of life through economic
developments that enhances the County's natural and social environments.
• Economic development and improvement shall be in balance with the physical, social and
cultural environments of the island of Hawaii.
• Strive for diversity and stability in its economic system.
Land Use Element:
• Designate and allocate land uses in appropriate proportions and mix and in keeping wit the
social, cultural and physical environments of the County.
• Zone urban and rural types of uses in areas with ease of access to community services and
employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected needs of
neighborhood, community, region and County.
• Zoning requests shall be reviewed with respect to General Plan designation, district goals,
regional plans, State Land Use District, compatabihity with adjacent zoned uses, availability of
public services and utilities, access and public need.
d. General Plan Designation (LUPAG Map): The General Plan Land Use Allocation Guide Map designates
the site as "Medium Density Urban ". The requested change of zone would be consistent with this
designation.
e. Zoning: The parcel is presently zoned RS-10.
f. Community Development Plan: The Puna Community Development Plan, (Puna CDP), designates
the area straddling Pahoa Village Road from Apa'a Street to the intersection of Kapoho Road and
Pahoa Kalapana Road as Pahoa's village center, intended to contain uses oriented primarily to
Residents of the Pahoa community itself, and designates Pahoa as a Regional Town Center. The
parcel is located in this area.
g. Special Management Area: The subject parcel is outside the County's adopted Special
Management Area. No permits would be necessary under SMA regulations.
V. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE
PROPERTY AND SURROUNDING AREA
a. Description of the subject property: The parcel is located near the southwest corner
of Pahoa Village Road and Akeakamai Loop, and across the street from Pahoa Cash and
Carry.
b. Lava Hazard Zone: The United States Geological Survey classifies the Pahoa area,
including the subject parcel, as Lava Flow Hazard Zone 2, on a scale of ascending
risk, 9 -1, due to the town's location down slope of Mauna Loa.
c. Distance from the coastline: The parcel is approximately six miles from the
coastline.
d. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation:
There is no ALISH designation for this property.
e. U.S.D.A. Natural Resources Conservation Services Soil Service Report: Soils of the
area are classified as Pahoehoe Lava Flows, rLW, 0 to 40% slopes. Depth to
restrictive feature is 0 inches to lithic bedrock. Drainage class is "excessively
drained." Available water capacity is very low. The ground is highly permeable,
and runoff and soil erosion hazard are minimal.
f. Land Study Bureau soil rating: "N" Not classified as parcels are in the urban district.
g. Flood Insurance Rate Map (FIRM) designation: X, Areas determined to be outside
the 500 -year floodplain.
h. Existing drainage ways or improvements: There are no significant drainage ways
that adversely affect the parcel..
I. Air /Noise/Water: In general, the ambient air quality of the subject parcels meets all
federal and state standards as evidenced by its designation as an "attainment" area by
the State Department of Health, Clean Air Branch. The windward area of the Big
Island is subject to voggy conditions, due to the Kilauea eruption, during times of
cessation of trade winds. Existing noise levels are those of a busy small town main
street. The parcel is supplied with a 5/8" water meter by the Department of Water
Supply.
j. Historic and Cultural Resources: There are no archaeological or historic sites on the
subject parcels. Cultural resources associated with traditional and customary native
Hawaiian rights have not been identified on the property. No reply has been received
to a letter sent to the Department of Land and Natural Resources, SHPD, on April
14, 2011. (Attached)
k. Natural Resources: As there has been a dwelling on the parcel since 1939, and the parcel is on
the main thoroughfare of Pahoa, there are likely no endangered plants or animal
species.
1. Scenic or coastal resources: As the subject parcel is approximately six miles from the
shoreline, there are no coastal resources. The parcel is not listed as a natural beauty
site.
m. Public access: No public access or trails have been identified with the subject area.
n. Social settlement patterns for the area: Pahoa is a small colorful village of
approximately 900 residents with several historic buildings. There is a mix of single -
family residences and commercial uses.
o. Economic resources of the area: As the subject area is in the town center, there are
many economic resources available: Grocery store, natural foods store, gas station,
medical facilities, bookstore, many restaurants, barber shop, realtors, convenience
store, clothing stores, Catholic church, schools and post office.
p. Surrounding land uses and zoning: The surrounding land uses are either vacant,
single - family residences or, on the whole, commercial, as the parcels are situated in
the center of "downtown" Pahoa. The parcel adjacent to the west is zoned CV -10
and adjacent to the east is zoned CV -10. All the parcels on the south side of Pahoa
Village Road, from Post Office Road to Paul's Gas Station are zoned Commercial.
On the north side of Pahoa Village Road, where the subject parcels are located, all but
ten of the parcels from Post Office Road to Paul's Gas Station are zoned Commercial.
(See attached Zoning Map)
VL PUBLIC FACILITIES AND SERVICES
a. Access: Access to the parcel is from Pahoa Village Road, a 22 foot paved county
roadway within a 30' wide right of way.
b. Water: The subject parcel is connected to County water via a 8" waterline along
Pahoa Village Road.
c. Sewage disposal: The dwelling has a cesspool.
d. Solid Waste: The Pahoa Transfer Station is located on Apaa Street, about 3 of
a mile away. The Hilo Landfill is the nearest location available for commercial
solid waste.
e. Police and fire protection: The Pahoa Police and Fire Stations are located
approximately 1 i4 miles from the subject parcel, on the Keaau -Pahoa Road.
f. Schools: The subject parcel is served by Pahoa Elementary, Middle and High
Schools, Kamehameha Pre - School and Montessori Country School.
g. Parks: Pahoa is served by Pahoa Park, which includes a pool, skatepark and a
neighborhood center.
h. Other Utilities: Electricity and telephone are connected to the single- family dwelling.
VIL ENVIRONMENTAL ASSESSMENT AND ANALYSIS
a. Relationship between short term uses of the environment and maintenance and
enhancement of long -term productivity: This change of zone application has no
relationship between short term use of the environment and long -term productivity.
b. Mitigative measures proposed to avoid, minimize, rectify, or reduce impact: As
the purpose of this change of zone application is to change the zoning only, with
no construction plans, there will be no need for mitigative measures.
c. Alternatives to the proposed development: There are no alternatives as there is no
development.
d. Irreversible and irretrievable commitments of natural resources: There are no
irreversible commitments of natural resources involved for this proposed change of
zone.
Mai
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BOUNDARY AND IMPROVEMENT SURVEY
LOTTO
BEING A PORTION OF LOT 19. NANAtyAL£ HOMESTEADS
POR770N OF LAND PATENT No. 4729
TO PETER CARTY
PAID, PUNA, ISLAND OF HAWAII, HAWAII
TALK (,3rd) 1— 5 --011: 01 1
Notes:
1. Corner markers shown as found were ocoepted.
Corner markers shown as set were estobtished
booed upon the found comer markers and were set
at the record positions. The measured illmendons
(If) are within acceptable toferances to record
dimensioru (R) for this tape of land and in this
svbds+iston.
2. 8u ding setback lbws per County of Hawaii.
3. There is no evidence of encroachments into
ProPalti.
4. House is into side setback area as shown. Noose
constructed in 1935 and is non — conforming.
5. Survey performed at the request of Chris Vent;.
SCALE:
This survey was performed by me
or under my erect supervision on
April 28, 2011.
Roy . Hotbweil
licensed Professional Land Surveyor
Certificate Number 1.2741
Eames: April 30, 2012
Island Boundary
RR 3, Boor 81571, Pahoa. Ht 95778
(808) 345 -1561
Evan Woymon — Owner
GREEN: AGRICULTURAL
YELLOW: RESIDENTIAL
PURPLE: COMMERCIAL
Subject Parcel
STATE LAND USE MAP
PINK: URBAN
GREEN: AGRICULTURAL
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Subject Parcel
ORANGE: MEDIUM DENSITY URBAN
YELLOW: LOW DENSITY URBAN
PLANNING DEPARTMENT
2011 JU - 7 ji 7: 1V4
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: June 6, 2011
%
TO: BJ Leithead Todd, Planning Director
FROM:M7epartment of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11 -000138)
Applicant: Christopher & Latisha Venti
. Request: RS -10 to CV -10
Tax Map Keys: 1 -5 -11: 011
We have reviewed the subject application forwarded by your memo dated May 19, 2011
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 that is not mapped by the Federal Emergency
Management Agency (FEMA) and is identified as an area of "minimal tsunami inundation."
At distance of 6.5 miles from the coastline and at an elevation of 650', we designate such
parcels as Zone X - areas determined to be outside the 500 -year fioodplain.
The General Plan classifies Pahoa Village Road as a collector street. The existing right -of-
way width is approximately 30 feet wide fronting the subject parcel.
Based on the proposed zoning, we recommend the applicant provide improvements to the
subject property's entire frontage consisting of, but not limited to, pavement widening with
concrete curb, gutter and sidewalk, drainage improvements, and any required utility
relocation, meeting the requirements of the Americans with Disabilities Act and the
approval of the Department of Public Works. The improvements shall be located within
any future road widening setback as established by the Planning Department.
Questions may be referred to Kelly Gomes at ext. 8327.
Planning Dept.
Exhibit 3
County of Hawaii is an Equal Opportunity Provider and Employer
SCANNED
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657
June 22, 2011
TO: Ms. BJ Leithead -Todd, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager -Chief Engineer
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000138)
REQUEST: RS -10 TO CV -10
APPLICANT — CHRISTOPHER AND LATISHA VENTI
TAX MAP KEY 1 -5- 011:011
We have reviewed the subject application and have the following comments and conditions.
LJ
Water is available from an existing 8 -inch waterline within Pahoa Village Road fronting the subject parcel and
is currently served by a 5/8 -inch meter. Each 5/8 -inch meter is limited to an average daily usage of 400 gallons.
The current water availability conditions in the area, which are subject to change without notice, allow for a
maximum of 14 units of water, at 400 gallons per day per unit, or a total average daily usage of 5,600 gallons
per day, per pre- existing lot of record.
We have no objection to the proposed change of zone, subject to the following conditions:
1. Prior to effecting a water commitment, the Department requests estimated maximum daily water usage
calculations, prepared by a professional engineer licensed in the State of Hawai'i, for review and
approval. The water usage calculations should include the total maximum daily water use in gallons per
day and the estimated peak flow in gallons per minute.
Upon acceptance of the water usage calculations, the Department will determine the water commitment
deposit due, facilities charges to be paid, and water system improvements required for water service.
2. The Department's Water System Standards require that a minimum flow of 2,000 gallons per minute be
available at the site for fire protection for commercial land uses. The existing 8 -inch waterline fronting
the property is capable of providing a theoretical fire -flow of 1,565 gallons per minute. We recommend
that the applicant consult the Fire Department for any fire protection requirements or alternatives.
3. A reduced pressure type backflow prevention assembly must be installed on private property within five
(5) feet of any meter serving the subject parcel. The installation of the backflow prevention assemblies
must be inspected by our department before water service can be activated.
Planning Dept.
Exhibit 14
..Water, Our Most Precious resource ... Ka Wai det Kane .
The Department of Water Supply is an Equal Opportunity provider and employer.
SCANNED
01'22
Ms. BJ Leithead -Todd, Planning Director
Page 2
June 22, 2011
4. Subject to other agencies' requirements to construct improvements within the road right -of -way fronting
the property affected by the proposed development, the applicant shall be responsible for the relocation
and adjustment of the Department's affected water system facilities, should they be necessary.
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch
at 961 -8070, extension 256.
RQ:dfg
copy — Christopher and Latisha Venti
All Aina Services
Sincere ours,
. Pavao, P.E.
Chief Engineer
William P. Kenai
Mayor
May 31, 2011
�r.•
itj
1
C:tt+ J;.j'' 2 Ail IVY 07
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawai`i 96720 -3998
(808) 935 -3311 • Fax (808) 961-8865
TO BJ LEITHEAD TOOD, PLANNING DIRECTOR
FROM SAMUEL{JHOMAS, ACTING ASSISTANT POLICE CHIEF
AREA I OPERATIONS
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 0001138)
APPLICANT: CHRISTOPHER & LATISHA VENTI
REQUEST: RS -10 TO CV -10
TAX MAP KEY: 1 -5- 011:011
Harry S. Kubojiri
Police Chief
Paul K. Ferreira
Deputy Police Chief
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 Acting Captain Glenn Uehana,
Commander of the Puna District at 966 -5835.
GU /Ili
Planning Dept.
Exhibit , £
"Hawai`i County is an Equal Opportunity Provider and Employer"
SCANNED
loft . 2 7011
By:071841
• NEIL ABERCROMBIE
GOVERNOR
PLAN
MEMORANDUM
fi NT
:,1 9: , 6
DATE: May 26, 2011
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721 -0916
LORETTA J. FUDDY, A.C.S.W., M.P.H.
Director of Health
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye 4-
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 11- 000138)
Applicant: Christopher & Latisha Venti
Request: RS -10 to CV -10
Tax Map Key: 1 -5- 011:011
Wastewater Branch has no objection to the change in zoning.
We recommend that you review all of the Standard Comments on our website: -
http:// hawaii. gov / heal th / environmental / env- planning/1anduse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this List with others to increase community awareness on
healthy community design.
WORD:REZ 1t- 000138.my
Planning Dept.
Exhibit 1O
SCANNED
MAY 3 1. 7011
By:071760
RVentiREZ.doc- 7 /13 /11
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
CHRISTOPHER AND LATISHA VENTI
CHANGE OF ZONE APPLICATION (EZ 11 -13$)
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
position based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
The applicant's are requesting a Change of Zone from Single - Family Residential -
10,000 square feet (RS -10) to Village Commercial - 10,000 square feet (CV -10) for
approximately 10,609 square feet of land in order to increase their property's value. The
applicant's do not have specific development plans at this time, but intend to continue to
use the property as a vacation rental.
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 an RS-10 to a CV -10 zoning district
conforms to applicable goals, policies and standards of the General Plan. The
subject property is located within Pahoa Town. Several of the surrounding properties
along Pahoa Village Road have been rezoned from residential to commercial zoning
districts since the Zoning Code was originally adopted in 1967. The adjacent property to
the northwest was rezoned from RS -10 to CV -10 in 1980 and the adjacent property to the
southeast was rezoned in 2005 from RS -10 to CV -10. Additionally, the landowner of
two lots located further southeast recently submitted an application for a change of zone
ATTACH: C -368
B -100
from RS -10 to CV -7.5. All of the nearby properties across Pahoa Village Road are
currently zoned CV -10. Land uses in the immediate area are mainly commercial and
include a surfboard shop, 7 -11 convenience store, former police substation, and Pahoa
Cash and Carry parking lot, The closest dwelling is located directly across Pahoa Village
Road on land zoned CV -10. Thus, the applicant's request is consistent with surrounding
land uses and zoning.
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 request to change the zoning to a CV -10
district conforms to the LUPAG Map, which designates the property and the surrounding
area as Medium Density Urban. Such designation allows village and neighborhood
commercial uses and single - family and multiple - family residential uses and related
functions, up to 35 units per acre. In addition to being consistent with the LUPAG Map,
the request would also support the following goals and policies of the General Plan Land
Use and Economic elements:
• Centralization of commercial activities in Pahoa Town, rather than along
the Pahoa Bypass, to serve the residents of Lower Puna shall be
encouraged.
• Encourage the concentration of commercial uses within and surrounding a
central core area.
• Require developers to provide basic infrastructure necessary for
development.
• Identify the needs of the business community and take actions that are
necessary to improve the business climate.
The request to change the zoning district from residential to commercial would be a more
appropriate land use pattern for the property as it will provide a place in Pahoa Town for
a small business to be established. The Puna district has an abundance of land that is
developed or can be developed for residences but there is not enough commercial-zoned
land to provide goods and services to the residents. Providing additional commercial-
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zoned lands in Pahoa Town would reduce scattered commercial development outside of
Pahoa that is permitted on agricultural lands by Special Permit.
The Puna Community Development Plan (PCDP) defines three types of
village/town centers (regional, community, and neighborhood) which differ in size and
range of uses according to their intended function. The subject property is located within
the boundaries of the Pahoa Regional Town Center which is meant to serve as the
commercial and civic center for lower Puna residents. In order to facilitate land use
entitlements and financing for the development of village/town centers, the PCDP
indicates that a plan for each regional town center should be prepared through an
inclusive community-based process. Funding is not currently available to prepare
regional town center plans for Kea'au and Pahoa. Although it would be preferable to
implement zoning changes after this plan is created, it is not a requirement of the PCDP
and zoning changes can be granted in the interim so long as the proposed zoning district
is consistent with the General Plan LUPAG Map. Based on the above findings, the
request will conform to the General Plan and Puna Community Development Plan.
All essential utilities and services are available to the site. Access to the
property is from Pahoa Village Road, which is a County roadway with a pavement width
of approximately 22 feet within a 30 -foot wide right -of -way. The General Plan identifies
Pahoa Village Road as a collector street requiring a right -of -way width of 60 feet. A 15-
foot wide future road widening strip along the property's Pahoa Village Road frontage
would be needed to eventually widen the road to 60 feet. In the past, the Planning
Department and County Council have not required future road widening strips along
Mimi. Village Road from landowners that have rezoned their properties to a commercial
zoning district. However, in 2008 the Puna Community Development Plan was adopted,
which recommends that village/town centers incorporate walking and bicycle paths into
the roadway network. In comments regarding this application, the Department of Public
Works recommends that the applicant install curb, gutter and sidewalk along the
property's Pahoa Village Road frontage. In order to provide these multimodal facilities,
additional right -of -way will be needed. Therefore, the Department recommends that the
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future road widening strip and road frontage improvements be required as a condition of
approval for the change of zone.
Additionally, to be consistent with the concurrency requirements of the Zoning
Code, a condition of approval will require submittal of a Traffic Impact Analysis
Report (TIAR) if a land use is developed that would generate over 50 peak hour trips.
The applicant will be responsible for constructing any improvements identified in the
TIAR required by the Department of Public Works.
The project site has no severe geological or topographical problems which
cannot be properly rectified or which would render the land unusable. The property is
located in flood zone "X" which is an area determined by FEMA to be outside the 500 -
year flood plain.
County water is available from an existing 8 -inch waterline within Pahoa Village
Road fronting the property. The property is currently served by a 5/8 -inch meter limited
to an average daily usage of 400 gallons and current water conditions in the area allow
for a maximum of 14 units of water per pre- existing lot of record. Therefore, ample
County water can be provided to the property for the development of commercial uses.
However, the 8 -inch waterline fronting the property is not capable of providing the
required pressure of 2,000 gallons per minute of water flow for fire protection for
commercial land uses. The Department of Water Supply recommends that the applicant
consult the Fire Department to determine fire protection requirements or alternatives.
Although the applicant has no current plans to develop the property, conditions of
approval will be included to address the Department of Water Supply's requirements
prior to future development.
Wastewater from the existing dwelling is disposed of into it cesspool. The
applicant may need to upgrade the existing cesspool or install a new individual
wastewater system meeting the requirements of the Department of Health, prior to
development of the property. There are no municipal waste collection services in the
County. Therefore, all solid waste generated by development of the property will require
private disposal at the Pahoa transfer station or Hilo landfill. Electrical and telephone
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services are available to the property. Police and fire services are available nearby in
Pahoa and medical services are available in Pahoa and Hilo.
Based on the above findings, the request to rezone the property from a Single -
Family Residential - 10,000 square feet (RS -10) to Village Commercial - 10,000 square
feet (CV -10) zoned district would result in an appropriate land use pattern that would
further benefit the general public.
The accompanying draft bill to amend Section 25 -8 -26 (Pahoa Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
CVentiRE .doo-7 /13/11
CHRISTOPHER AND LATISHA VENTI
CHANGE OF ZONE APPLICATION (REZ 11 -138)
CONDITIONS OF APPROVAL
A. The applicants, successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. Plan approval shall be required prior to the construction or installation of any new
structure or development, or any addition to an existing structure or development
according to Section 25- 2 -71(a) of the Zoning Code.
C. Prior to the issuance of a water commitment by the Department of Water Supply, the
applicants shall submit the anticipated maximum daily water usage calculations prepared
by a professional engineer licensed in the State of Hawai`i, and a water commitment
deposit in accordance with the "Water Commitment Guidelines Policy" to the
Department of Water Supply prior to the issuance of Final Plan Approval.
D. The applicants shall install a reduced pressure type backflow prevention assembly within
five (5) feet of the existing water meter and any additional water meters on private
property, which must be inspected and approved by the Department of Water Supply.
Installation of the backflow prevention assembly and relocation and adjustment of the
Department of Water Supply's water system facilities, should they be necessary, shall
take into consideration the future road widening strip along Pahoa Village Road.
E. The applicants, successors, or assigns shall implement any improvements required by the
Fire Department and/or Department of Water Supply to ensure that fire protection
requirements can be met for commercial zoning.
F. Should the applicants, successors or assigns develop a land use which the Planning
Department, in consultation with the Department of Public Works, determines will
generate over 50 peak hour trips, a Traffic Impact Analysis Report (T]AR) shall be
submitted for review and approval by the Department of Public Works prior to Final Plan
Approval. The applicants shall implement, when required by the Department of Public
Works, at no cost to the County, any transportation system improvements to PAhoa
Village Road that may be deemed necessary by the Department of Public Works.
G. A fifteen (15) foot wide future road widening strip along the property's Pahoa Village
Road frontage shall be subdivided and dedicated, at no cost to the County, prior to the
issuance of Final Plan Approval for any commercial use on the subject property. The
applicants shall provide improvements to the property's frontage along Pahoa Village
Road consisting of, but not limited to, pavement widening with concrete curb, gutter and
sidewalk, drainage improvements and any required utility relocation, meeting the
requirements of the Americans with Disabilities Act and the approval of the Department
of Public Works. The improvements shall be located within the future road widening
strip. These improvements shall be completed prior to issuance of a Certificate of
Occupancy for any commercial use or when required by the Department of Public Works,
whichever occurs first.
H. Driveway connection(s) to the Pahoa Village Road shall conform to Chapter 22, Streets
and Sidewalks, of the Hawaii County Code.
I. 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 -SHPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the DLNR -SHPD when it finds that sufficient mitigation
measures have been taken.
J. If the applicants, successors, or assigns develop residential units on the subject property,
the applicants, successors or assigns shall make its fair share contribution to mitigate the
potential regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall become
due and payable prior to receipt of Final Plan Approval. The fair share contribution for
each lot shall be based on the actual number of residential units developed. The fair share
contribution in a form of cash, land, facilities or any combination thereof shall be
determined by the County Council. The fair share contribution may be adjusted annually
beginning three years after the effective date of this ordinance, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall
have a maximum combined value of $7,903.35 per multiple family residential unit
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(512,316.47 per single family residential unit). The total amount shall be determined by
the actual number of units according to the calculation and payment provisions set forth
in this condition. The fair share contribution per multiple family residential unit (single
family residential units) shall be allocated as follows: .
$3,898.50 per multiple family residential unit ($5,939.22 per single family
residential unit) to the County to support park and recreational improvements and
facilities;
$123.21 per multiple family residential unit ($286.51 per single family residential
unit) to the County to support police facilities;
$379.01 per multiple family residential unit ($565.89 per single family residential
unit) to the County to support fire facilities;
5168.93 per multiple family residential unit ($247.75 per single family residential
unit) to the County to support solid waste facilities; and
53,333.69 per multiple family residential unit ($5,277.10 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicants, successors or assigns
may contribute land and/or construct improvements /facilities related to parks and
recreation, fire, police, solid waste disposal facilities and roads within the region
impacted by the proposed development, subject to the review and
recommendation of the Planning Director, upon consultation with the appropriate
agencies and approval of the County Council.
K. 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.
L. The applicants, successors or assigns shall comply with all applicable County, State and
Federal laws, rules, regulations and requirements.
Should any of the conditions not be met or substantially complied with in a timely fashion, the
Planning Director may initiate rezoning of the subject area to its original or more appropriate
designation.
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COUNTY OF HAWAII
STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25 -8 -26 (PAHOA ZONE MAP), ARTTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE- FAMILY
RESIDENTIAL --- 10,000 SQUARE FEET (RS -10) TO VILLAGE COMMERCIAL — 10,000
SQUARE FEET (CV -10) AT PAHOA, PUNA DISTRICT, HAWAII, COVERED BY TAX
MAP KEY: 1 -5- 011:011.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -8 -26, 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 Pahoa, Puna District,
Hawai`i, shall be Village Commercial — 10,000 square feet (CV -10):
Beginning at a point at the southeast corner of this lot and on the north side of
Government Main Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "Village Flag" being 1219.11 feet south and
1678.64 feet east, thence running by azimuths measured clockwise from true South:
1. 119° 03' 51.63 feet along the north side of Government
Main Road;
2. 208° 28' 30" 214.13 feet along Lot 11;
3. 304° 58' 49.00 feet along Lot 33 and Lot 34;
4. 27° 40' 209.14 feet along Lot 9 to the point of beginning
and containing an area of 10,609 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 of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
SINGLE- FAMILY RESIDENTIAL - 10,000 SQFT (RS -10)
TO VILLAGE COMMERCIAL - 10,000 SQFT (CV -t0)
0.2435 ACRES (10,609 SOFT) TOTAL
0 50 100
200
300
400
,\
A -la
■ RS -10
Feet
500
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -26 ( PAHOA ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE- FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS -10) TO
VILLAGE COMMERCIAL - 10,000 SQUARE FEET (CV -10)
AT PAHOA, PUNA DISTRICT, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK: 1 -5- 011:011
DATE: MAY. 23, 2011
EXHIBIT "A"
Christopher and Latisha Venti
Map 1309
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
AUGUST 4, 2011
A regularly advertised hearing on the application of CHRISTOPHER AND LATISHA VENTI
(REZ 11 -138) was called to order at 9:47 a.m. in the County of Hawai`i, Aupuni Center Conference
Room, 101 Pauahi Street, Hilo, Hawai`i, with Chairman Zendo Kern presiding.
COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Wallace Ishibashi, and Raylene Moses
STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), B. J. Leithead Todd (Planning
Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija Cottle
(Staff Planner) and Jeff Darrow (Staff Planner).
And eight people from the public in attendance
ABSENT & EXCUSED: Takashi Domingo and Stephen Ono
CHRISTOPHER AND LATISHA VENTI (REZ 11 -138)
Change of Zone from a Single- Family Residential - 10,000 square feet (RS -10) to a Village
Commercial- 10,000 square feet (CV -10) zoned district for approximately 10,609 square feet of land.
The subject property is located on the north side of Pahoa Village Road, across from the Pahoa Cash
and Carry Store employee's parking lot at Nanawale Homesteads, Pahoa, Puna, Hawai`i,
TMK: 1 -5 -11: 11.
KERN: Our next item on the agenda, Item No. 5, Christopher and Latisha Venti (REZ 11 -138),
Change of Zone from a Single - Family Residential - 10,000 square feet (RS -10) to a Village
Commercial - 10,000 square feet (CV -10). Maija.
COTTLE: Thank you, Mr. Chairman. The next application is a request for a change of zone. And if I
can direct your attention to the screen, the subject property is located in the Puna district, within the
town of Pahoa. And you can see here on the slide the Pahoa Bypass runs along the north, east side of
the slide. You can see Pahoa Village Road running through the middle of the slide, and then Post
Office Road leading from Pahoa Village Road, the Bypass in this location here. The subject property
is outlined black in this location. It is currently zoned Single - Family Residential - 10,000 square feet,
which is shown in the yellow color. And there is not a big difference between the two colors but the
yellow closer to town here is zoned Single - Family Residential - 10,000 square feet. The lighter yellow
just outside of town here and over here is zoned Agricultural — 1 acre. All of the areas in light purple
are currently zoned Village Commercial, which is the zoning that the applicant is requesting.
The General Plan designation for the property is Medium Density Urban, and that is shown in the
darker green. And just outside of that is an area of Low Density Urban in the yellow color. This is a
map of the Pahoa Village from the Puna Community Development Plan. You can see the Village
1
Center boundary shown with the dotted black line. And it's very hard to see but the subject property is
located right about in this location here, which is within the Village Center boundary.
The applicant is requesting a change of zoned from Single - Family Residential - 10,000 square feet to
Village Commercial - 10,000 square feet. They have no current plans for developing the property.
Currently there is a house on the property that they want to continue to use as a vacation rental. And
their primary reason for requesting the change of zone is to increase their property's value.
This is a plot plan of the lots with the existing house on it here. This is the house; and there are some
shed structures attached by roof. And then you see Pahoa Village Road here on the bottom of the
slide.
This is a photo of the property. Again you have Pahoa Village Road in the front. There's a gravel
driveway and the house, and the view of the house, the gravel drive way. And this is Pahoa Village
Road looking towards further into town, and a view of Pahoa Village Road and the driveway looking
back towards the Keaau direction.
The Planning Director is recommending that the Commission send a favorable recommendation to the
County Council for this change of zone request. And we did receive an email testimony from Rob
Tucker dated July 28th. You should have that in your folders. And you should also have a letter from
the applicant's representative, All Aina Services, dated July 5th. Are there any questions?
KERN: Any questions for staff? I have a question.
COTTLE: Sure.
KERN: On the plot plan it showed the building being right up on the property line.
COTTLE: Yes.
KERN: Has that already been taken care of by a variance or —?
COTTLE: This is a very old structure. It was built probably prior to the Zoning Code being
established; and so it is considered a nonconforming structure. If the structures were to be destroyed,
or if they were to the demolish it, they would have to comply with the new Zoning Code regulations
for the property setbacks.
KERN: Okay, good. Thank you. Any other questions?
MOSES: Maija, you said that there is a correspondence from, I believe it was the fifth, there was
another correspondence on the 5th
COTTLE: Yeah.
MOSES: I don't have that.
2
COTTLE: You know, Sarah may have sent that to you with your main package, but let me give you
my copy.
LEITHEAD TODD: She mentioned Rob Tucker, right?
KERN: Yeah.
LEITHEAD TODD: Rob Tucker is in here.
KERN: Yeah, Rob Tucker was in our folder and then the letter from All Aina Services dated July 5th,
it was actually mailed. I got mine in the mail.
LEITHEAD TODD: Well, I've got from All Aina in here. Is it different?
AU: It's on the back.
LEITHEAD TODD: Yeah, cause I got them here.
MOSES: Oh, there it is. Got it. Got it. Thank you.
KERN: Everything in order?
MOSES: Yes, thank you.
KERN: Good, cool. We do not have any more questions. So thank you, Maija -.
COTTLE: Thank you.
KERN: I appreciate it. Can I get the applicant or representative to please come forward. Good
morning. I'll get you to raise your right hand. Do you swear to tell the truth today before the
Windward Planning Commission?
MIKKELSON: I do.
KERN: Okay, very good. Name and mailing address and you may begin.
MIKKELSON: My name is Lori Mikkelson. My address is Post Office Box 291, Laupahoehoe
96764; and I am here to represent the applicant.
KERN: Okay, and you guys have taken a look at the recommendation and conditions?
MIKKELSON: Yes.
KERN: And you guys are okay with those?
MIKKELSON: Yes.
3
KERN: Is there anything else you'd like to add?
MIKKELSON: Not unless you have any questions.
KERN: Any questions for the applicant? Seeing none, you may have a seat. Thank you. Public
testimony, we've got two. I'll call you both up at the same time, Jill Raznov and Tiffany Edwards
Hunt. You may come forward and have a seat. Okay, can you all raise your right hand, whoever is
going to speak. Do you all swear to tell the truth today before the Windward Planning Commission?
TESTIFIERS: Yes.
KERN: Okay very good. We'll start with Jill Raznov. State your name and area you represent, and
you may begin.
RAZNOV: Do I need to hold this?
KERN: Yes, Please. Hold that and talk into it.
RAZNOV: Okay. Sorry.
KERN: No worries.
RAZNOV: My name is Jill Raznov. I'm an attorney in Hawaii. I represent Jeff and Tiffany Hunt
who are with me today, present at this hearing. I'm actually especially appearing on behalf of the
Hunts. The Hunts have a regular attorney to represent them in this matter; her name is Sandra Song.
She could not be here today and so I have offered to assist the Hunts only today with regard to
testimony on their behalf. The Hunts have an interest in this matter as they are business owners in the
vicinity and, if fact, right next door to the applicant's property.
The Hunts request that this application be denied; and I'll give you the reasons for that request.
According to the Zoning Code, my understanding of the Zoning Code, all rezonings must be in the
public interest and for the general welfare. Applications for rezoning must include, besides other
things, at a minimum an environmental assessment, the existing structures and uses on the property,
and the proposed uses under the rezoning.
The Venti's application does not address any of these minimum requirements, and is therefore
deficient. Their application in fact omits crucial information regarding the existing uses to where that
is a vacation rental. The application only says that it is a residential dwelling unit. The application
requests zoning for commercial use, rezoning for commercial use, but fails to state what that use is or
what it will be and also fails to state its existing commercial use, which is permissible actually under
the current zoning.
It is clear from the Venti's application that their only reason for requesting rezoning is for monetary
gain and speculative purposes; and, in fact, we just heard that that's why they're requesting a rezoning,
so they can have an increase in the value of their property. These reasons do not conform to the
4
standard for rezoning which, again, is in the public interest and for the general welfare. Speculation
and making more money is not in the general welfare. In addition, the omission of any plans at this
stage does not allow for public comment on eventual changes to the existing use which they could do
under the new rezoning. Thus, if the Venti's application is approved at this stage and in the future the
Venti's or THE new owner could change the existing use or the existing structures. Their plans would
go to the Planning Department on those changes but the community, the general community that would
be affected by those changes, would not be able to comment on things such as traffic uses, parking,
water, sufficiency of water pipes, things like that, that would affect the general welfare and public
interest of the community.
Speculation and increase in the value is not in the general welfare of public interest. The Commission
should deny this request for this reason. If you do not deny it, the Commission would create a
dangerous precedence for development without community input or approval. That would not create a
stable and happy community. Therefore, once again, we respectfully request that the Commission
deny this application. Thank you.
KERN: Thank you. Are there any questions for the testifier? Seeing none, Tiffany Edwards Hunt.
T. HUNT: Aloha.
KERN: Name and area you represent, then you may begin.
T. HUNT: My name is Tiffany Edwards Hunt. My husband and I live at 16 -1021 Waiokele Road in
Kurtistown, Hawaii. We regularly do business in Pahoa at 15 -2883 Pahoa Village Road. I'm actually
testifying as the president of Pahoa Mainstreet Association. I apologize that we did not submit written
testimony for this application. What happened is Mainstreet Pahoa Association submitted a letter on
May 5th for another rezoning that has since been delayed. It's from the same planning consultant and
mirrors this Venti application. But inadvertently the letter was not put into this packet. And I will read
from this letter and then make some comments. Also, and I apologize that Jeff Hunt's Surf Boards did
not submit written testimony. We've been travelling and this kind of like came up really fast. So
needless to say -.
This is from Mainstreet Pahoa Association:
"Aloha, Mainstreet Pahoa Association was founded in 1992 to establish and maintain Pahoa Village as
the social, cultural and commercial center of lower Puna. Our primary goals are to enhance the
economic vitality and quality of life of our community.
"It has recently come to our attention that two properties in down town Pahoa, 15 -2881 & 15 -2885
Pahoa Village Rd., have recently applied for changes in zoning from residential to commercial status
without accompanying a specific plan or intention for doing so. This lack of pertinent information, we
believe, lends itself to real estate speculation as well as unforeseen changes to our village charm. We
ask that you require a plan for the use of these properties when you review their applications so
neighbors and local stake holders can be better informed about such significant changes.
5
"We are currently challenged by the fact that many folks approaching Pahoa consider the new
Woodland Center (KFC, Burger King, Longs) and the Malama Market complex to be the extent of our
town. The members of the Main Street Pahoa are invested in doing everything we can to support the
economic and historic vitality of Pahoa Village. Please help us to keep our commercial enterprises
`above the boards' and consistent with the community's vision when you review rezoning requests. "
Is this a three- minute limit?
KERN: No.
T. EDWARDS: Okay. I just really need to emphasize some points here. The Zoning Code is meant
to protect the public interest and general welfare. When you require an application you ask for an
environmental assessment and you're supposed to show existing structures and their uses. What is
most glaring about the Venti application is that it doesn't even state that it is currently a vacation rental
and that there are no plans for a commercial use. So you have to wonder why pay more in real
property tax revenue if you are going to continue to allow the same use? They are doing this to
increase the value. For somebody to say that they're doing it to increase the value is outrageous. Why
do we even bother having community development plans if we're going to allow for stuff like this?
We also, not having a plan, you can't get into things like how much parking should there be, will there
be a traffic impact? As you can see from the photo we have encroachment problems in Pahoa Village.
We don't have sidewalks. There are a number of things that we have issues with as far as utilities and
public infrastructure. And so by allowing rezonings without having any plans, to me, it compounds an
existing problem. There is also, according to the Department of Water Supply, an issue with the
waterline here. And as the neighbor, we have some concerns about that. Basically our lawyer, Sandra
Song, has been doing work with land use and planning for 35 years and she has never seen such a
sloppier deficient application; and it is incomplete and premature. We just feel like you should, you
will be setting a dangerous precedent if you allow something like this, without a plan. We have
standards that we, I've as a reporter covered cases in Hawai`i, or in Hawai`i County, and seen
developers put through so much. And if you are just allowing somebody to come through without a
specific plan and yet requiring so much of developers I don't think that is fair. And I think that the
public would be outraged to see something passed like this.
And I also just want to point out that by not having a plan, they have a whole shopping list of uses that
they could choose from if they receive this commercial rezoning. And for someone who represents
Mainstreet Pahoa Association trying to preserve the economic vitality and the historic charm of the
village, I just really honestly think that that is very dangerous. So I just urge you to use caution and to
look at this with more scrutiny. I'm also shocked that the applicants themselves are not here to be able
to state more clearly what is their intention for this property. We really want to emphasize there is
nothing personal but we just really want to maintain the historic charm of the village. Thank you very
much. Aloha
KERN: Thank you. Any questions for the testifier?
AU: Chair -?
6
KERN: Commissioner Au?
AU: Thank you, Mr. Chair. Ms. Hunt, you mentioned that they are using the existing facility as a bed -
and- breakfast. I heard you say that?
T. HUNT: No. To my knowledge it's not a bed - and - breakfast. That's not required or an allowable
use. It's advertised as Kapoho Townhouses. If you go on their website they offer rooms in Pahoa. So
like vacation rental is what I see.
AU: So they are like an office?
T. HUNT: No, it is not even that. Basically these people moved out, they moved to their Kapoho
house, and they have been renting out like for one - night /two -night stays in Pahoa, for recent history.
And to us that is not a big impact. In fact it kind of is —. You know, something to emphasize here, is
that anything that goes in there is going to benefit our business. The point is, is we want to preserve
the historic charm of the village.
AU: That leads to my next question. You know, a lot of us are, we are very aware of real estate, okay.
And any time a real estate value can go up, wouldn't it make your property go up as well? And
wouldn't you be happy with that?
T. HUNT: But that's not, I'm not really concerned about the bottom line like that. You have to —.
AU: Well, but, you know -.
T. HUNT: Here's the deal, across the street from all of these properties that we mentioned there is an
80- year -old couple, Mr. And Mrs. Kajiyama. They have lived there their entire life. They have raised
children there. You have to consider those people when we make decisions like this. Because
basically we're saying, oh, this is Medium Density Urban, you know, no problem here. But yet these
people are maintaining a residence here. And so you have to have like a sensitivity. And to me this is
the stage where you look at those things and you say, you know, we are not going to like take the
Kajiyamas out and say go to a nursing home cause we are ready to make this a commercial district. I
am trying to look at it from that standpoint. Cause we actually live in Pahoa and we're here for a
quality of life, not just to get, you know, —. I am not intending to sell our business. We pay property
taxes for our commercial zoning so we can maintain a commercial enterprise in Pahoa. And it adds to
the, we believe it adds to the historic charm. We'll keep the existing structure, and that is why we are
concerned as the neighboring parcel, is because we don't want to see the Kajiyama's impacted by this
and we don't want —. I mean the building itself was built in 1939. It has historic charm. There are a
lot of factors that play. And I just urge you to look at it and use caution.
KERN: Any other questions? Seeing none, you all may have a seat.
T. HUNT: Thank you.
KERN: Thank you very much.
7
LEITHEAD TODD: He's not, he has not signed up -?
KERN: He has not signed up.
MECKLENBURG: But you swore him in.
KERN: I swore him, yes.
LEITHEAD TODD: Do you want to say something?
KERN: Do you want to speak?
T. HUNT: You want to, hold on.
J. HUNT: No.
T. HUNT: I'm the extrovert of the family.
LEITHEAD TODD: Commissioners, I think I'd like to make a few comments.
KERN: Yes, please do.
LEITHEAD TODD: This is an unusual application in that typically when we have a request for
rezoning, somebody comes in and has plans. So they let you know what the size of the building is
going to be, what the proposed uses are. You have in an opportunity to evaluate whether it is going to
generate the kind of traffic that might require off -site improvements, you know, whether you need a
left -turn lane. This was unusual. But when we looked at it, we look at it based primarily on whether it
was consistent with the General Plan and consistent with the Community Development Plan. It is not
100% consistent with the Community Development Plan in that the Community Development Plan
envisions that you kind of know what is going to come in. And so it was, it did create some discussion
amongst staff and myself as to whether we would recommend approval or not. And basically we
ended up weighing in on the side of that fact that it was consistent with the General Plan and with the
overall vision of the development of this area as a commercial center of Pahoa. But it is unusual.
The other reason that we looked at it is ultimately when you get zoning for commercial you can do any
one of the approved uses. You could get rezoning that is originally, if you know the Longs and Burger
King area, that was originally zoned I think back in, maybe as far back as 1991, and it was originally
envisioned as a super market. And yet what eventually got built there with the zoning was very
different many years later. So when we looked at it we said even though they didn't say what they
were going to build, we understood that even if they said they were going to build something, once
they had zoning over time that those plans could change. Typically when something does come in,
they are going to have to get plan approval. And at the plan approval stage we would be looking at
whether they had to do traffic mitigation, Public Works would weigh in. At that point they would have
to do probably curb, gutter, sidewalk, and they might have to do a left turn lane, depending on the size
of the structure they were going to put in. And depending on the size of the structure they were going
to put in, we might, if it looked like it was going to generate a number of trips or the number of traffic,
8
that would create the need for having a traffic impact analysis report done. So that would happen
when they would come in for the plan approval. It is problematic because it is unusual to have a
rezoning request come in without a specific plan.
So I just wanted you to understand that it is different, it is unusual, and that we did have, you know,
considerable discussion within the department but ended up basically going with the fact that it was
consistent with General Plan, consistent with the Community Development Plan, even if we didn't
know exactly what was going to go in on the space.
KERN: Thank you, Madam Director. Any questions for the Director on that? Okay, seeing none, I'd
be willing to entertain a motion.
ISHIBASHI: More comment, I just wanted to see where we are at with the, well, there's no plan so
they have got to come back to us if they wanted to, no?
LEITHEAD TODD: No. They don't come back to the Planning Commission. If they get their zoning,
they don't go back to the County Council either. If they get their zoning then when they, at some point
in time -- and it may be that they end up selling the property and somebody else comes in and they
decide they are going to put up a store, or they're going to put up some other structure, anything that is
permitted within the list of the zoning designation -- they would then have to come in for plan approval
from the County. And that is where they have to come in and show the lot, show the layout, show
where the parking is going to be. And the amount of parking that we would require would be based
upon the square footage of the building that they were going to build. And at that point we would be
looking at whether they needed to do additional studies, additional mitigation. There would be, their
plans would be sent up for comment to the other departments, and so you might have comments come
in from DPW. And so as part of plan approval there might be requirements that they do a left-turn
pocket lane, that they do some mitigation, curb, gutter, sidewalk; and all of that would be incorporated
into the plan approval stage.
The reason we ended up recommending approval even though there wasn't a plan is because we
looked at the fact that even if somebody came in and said, hey, this is what I'm going to build today,
with the zoning down the road they could change it. Just like it changed from a super market to Longs,
Burger King and Kentucky Fried Chicken and the service station, even though it originally was going
to be a super market.
KERN: Julie?
MECKLENBURG: Yeah, I just wanted to clarify for the Commissioners' benefit that the options at
this point for you are to move to forward a favorable recommendation for the change of zone to the
County Council. The Council is the one who is going to make the final decision. You can also
propose to forward a negative recommendation, or you can move to continue the matter. We would
have to have staff -. There is a requirement that the application be considered within 90 days or it is
deemed an unfavorable recommendation, unless you get the agreement of the applicant to continue to
take a longer time. So if we could maybe ask the staff where we are in relation to the 90 -day
requirement.
9
COTTLE: If you could give me just one minute, I'll look it up.
AU: I do have a question.
KERN: Commissioner Au, in the meantime, yes.
AU: Thank you, Mr. Chair. Can I call the applicant up. I have a few questions for the applicant. Was
she sworn in already?
KERN: She's sworn in, yeah. So go for it.
MIKKELSON: Yes.
AU: Okay, question. What, did the applicant give any indication of what they want to do, any ideas?
MIKKELSON: Here's how this happened. I was contacted by them and we had a long discussion
over what to do, how to do, when to do it. The economy is affecting everyone right now. And he
hesitates to put himself in a box. He does want to rezone. But he's not sure exactly what the economy
is going to, you know, allow for. And so his idea was this, is that if he could just rezone it, he's willing
to pay higher taxes; and he's willing to wait and see, wait and see what, you know, what other
development is happening there, what would be a practical development for the property and for the
area. They are right next door to a surf shop which is a retail, and across the street from, and also next
door to the 7- Eleven and all of that, and across the street from the Black Rock Cafe and all of that. So
it's pretty developed already. And so he was waiting to see, he just wants to see what other
developments are going to happen in the meantime while the economy improves so that he can make
the investment, if he can afford to. If not, then in the future he would have a piece of property that he
could sell to someone else who could then do the development.
AU: Well, you, know, this application is incomplete, okay. You need to, the applicant needs to
propose what they're going to do. And for peace of mind for the residents they want to know what's
going on.
KERN: You may save some of that for discussion.
AU: For discussion yeah. So I just want to know what the intent is.
MIKKELSON: Well, like I said for him at this time he wanted to move forward with this rezoning. He
may have the financial ability to do something in the future soon or maybe he'll wait until the economy
improves. But he wants to see what is best for the development down there before he, I mean he could
say he's going to put in a restaurant and then get rezoned and then turn around and put in another retail
shop instead. So it would all be done by plan approval in this case. And, you know, and the plan
approval would be pretty extensive, which would make it difficult. It's very difficult to get
commercial use with a 1939 structure. So, they would have to readdress the structure existing there.
KERN: Thank you very much. And you're good, Dean?
10
AU: Yes. I'll save the rest for discussion.
KERN: You may have a seat. Thanks. Daryn.
ARAI: Thank you, Mr. Chairman. With respect to Commissioner Au's comments, for the record, I
just wanted to say that the Planning Department did deem the application complete. If it wasn't
complete we wouldn't have brought it before you.
KERN: Okay. And Maija?
COTTLE: Yes. So if the Commission would like they can continue to the September 1st hearing next
month.
KERN: Thank you very much. Madam Director.
LEITHEAD TODD: I did have one more comment that I wanted to bring to the attention of the
Commission. You know, typically when we do a rezoning we have timelines on performance. And
then if they, you know, can't complete within five years, then they have an additional five years, if we
give them an administrative approval; and then beyond the 10 -year period they would have to go back
for a time extension before the Commission and the County Council. Because this application didn't
have a specific use that was proposed, we don't have a specific timeline on it; and that is a little
different from what we normally have in a proposed ordinance.
KERN: Thank you, Madam Director. Okay, with, Daryn. No?
ARAI: Thanks for allowing me to jump in again. And maybe I should explain why we deemed the
application complete. While the Code does identify that an application should include any existing or
proposed structures or uses, now if the applicant is not proposing anything specific, then there is
nothing to disclose. It doesn't demand that you must, like build a proposed, new structure or anything.
It's just that if it's in your plans, you should disclose it to the Commission. So it is not a requirement.
So I just wanted to make that part of it clear. I think there were comments raised about the
environmental report. One was done. I wanted to make it clear that the environmental report required
for change of zone applications is not the same type of environmental report you would under State
law, like for an EIS for example. So there is a distinction.
KERN: Thank you for that, Daryn. Anybody have any questions for Daryn to clarify any of that?
Thanks, Daryn, appreciate it. All right, we're at that time where we make a motion. Commissioner
Au.
AU: I move to send a favorable recommendation for the change of zone to the County Council for the
reasons and with the conditions recommended by the Planning Director.
KERN: Is there a second? Is there a second? I do not see one. So with that the motion fails. Okay,
you want to try again?
LEITHEAD TODD: The other option is to make a motion to send a negative recommendation.
11
KERN: So we have a couple of different options. One is a motion to send a negative or unfavorable
recommendation. The other is we can move to executive session if anybody has any points of
clarification they'd like to make. Or somebody could move to continue.
MOSES: I'd like to make a motion to continue, move to continue.
KERN: Is there a second on that?
MECKLENBURG: To continue to the next meeting?
MOSES: Yes.
ISHIBASHI: Yeah, second.
KERN: Okay. Discussion? What would be the point of continuing?
MOSES: Chair Kern, I actually do not feel comfortable with moving this forward until, and I would
prefer to get the letter from Mainstreet in writing and have that to look at and the concerns and things
that were brought up with testimony before we move forward. I would feel much more comfortable
with that.
KERN: Commissioner Au?
AU: You know, I disagree with my fellow Commissioners. I think we should move this forward; and
I think we should have the County Council hash it out, cause the County Council will catch this. They
want to know what the proposed use is, maybe. But, you know, I strongly, I think we should move it
through, either with a favorable or a negative recommendation.
KERN: Any other discussion? Commissioner Ishibashi?
ISHIBASHI: Yeah, Brother Chair. I just got a problem without the plan, no planning and no -. You
know, that's the only thing I've got a problem with. Speculative, yeah, everybody like make money,
they'd like to increase the value of their property. So I can understand why he would be requesting.
But to go into one permit without a plan, I've got a hard time supporting that.
KERN: Commissioner Au.
AU: Yeah, Fellow Commissioners, I do agree with that. You know, the comment I made about the
application being incomplete, I take that back. You know, it's not for me to say it's
complete /incomplete. But I personally feel it's inadequate. You know, any time you come up for
anything you should have some kind of a plan, A or B; and you just don't have anything. And, you
know, everybody is willing, well, I take that back. But not everybody has money to spend like that.
The property taxes is going to be way higher. And it seems to me the applicant has an agenda and I'd
like to know that agenda. So, yes, I do agree with my fellow Commissioners on that, but I still think
that we should move this through.
12
KERN: Madam Director, did you have a comment that you wanted to make or not at this time?
LEITHEAD TODD: Well, I was just going to say that, you know, you have those options. Somebody
could make a motion to send this up with a negative recommendation, and unless there is a motion to
Because there are only four of you a motion to continue would require all four, I believe. So if you
can't get four to continue, then you would have to have, you've already had a motion to send up a
favorable which died for lack of a second. So the only option would be if there wasn't four votes for
continuance would be then to make a motion to send up with a negative recommendation. And
whether you had four votes or not, even if you only had three votes in favor and one vote against, it
would still go up with a negative recommendation because you need four votes for a favorable
recommendation; and anything short of the four votes would be in effect a negative recommendation
of the Commission. But I'm just saying that you could go ahead and make the motion, you have the
motion for continuance. If you vote, if you don't have the four votes, then it cannot continue, if I've
got that right. Julie, right?
MECKLENBURG: Right.
LETHEAD TODD: And then it would have to be the motion in the other way. Okay?
KERN: Thank you, Madam Director. Do you have a comment?
COTTLE: Yes, Commissioner Kern. If I could just add a little bit more clarification. There seems to
be a lot of questions about a use related to the property. And so I just wanted to explain a little bit
about the difference between like a use permit and a change of zone request. Obviously if this were a
request for a use permit of some kind, the applicant would have to identify the specific use that they
want to propose for that property. Since this is a change in zoning which would allow a variety of
different uses if it were approved, they don't necessarily have to identify a specific use that they want
to develop. For example, when Ms. Hunt came in to rezone her property in 2005 they had identified a
specific development. They wanted to develop a surf board shop. Now they went through Planning
Commission up to Council with that proposed development and they got their change of zone. They
have every right today to come in and do a totally different commercial use on their property. Even
something that's different than what was represented to the Planning Commission or the County
Council when the change of zone was approved. So just to keep in mind the difference between a use
permit, change of zone and hopefully that clarifies things a little bit.
KERN: Thank you, Maija. Commissioner Au.
AU: Question for Maija. So basically what you're saying is Mr. And Mrs. Hunt can knock down their
building, go through the Planning Department, build a commercial use building, not have to come in
front of the County Council, and not have to come in front of the Planning Commission. And if they
get approved through the Building Department they could because they got the rezoning?
COTTLE: That's correct. They would have to come into the Planning Department and submit plans
for plan approval, which is what we asked this applicant to do as a condition of this change of zone
request. And then we would look at the plans for plan approval, look at the parking, the landscaping,
13
make sure that the drainage is correct. And then if it were, it would be approved by the Planning
Director. They'd submit building permits to the Building Department for approval; and then they
could construct their new building.
AU: So both properties that are adjacent to each other, they fall under the same guidelines, same rules,
the same -. Just because it's so many years apart it's the same thing?
COTTLE: Correct.
AU: They're already zoned for commercial so they can go?
COTTLE: That's correct.
AU: I just want to clarify that; and thank you.
T. HUNT: Since you guys are bringing it up for discussion, can I address that?
NOMURA: Microphone, please.
KERN: I don't think it's absolutely necessary right now. I'd like to make a couple of comments. This
one is a tricky one for me. Most folks know that I'm kind of a little bit flexible, and I like to see things
happen. I know other folks that deal with development too and it does require, there is usually a
timeframe on it. It does require them to meet conditions, meet a timeframe and pretty much move
forward in a concise manner. This is kind of just wide open. It makes it very easy. I think anybody
that would be doing real estate speculation would love this because this is an entitlement that would
increase the property value tremendously. Knowing that if somebody came in with a plan, they said
they want to do an office building or something like that and they changed their mind down the road
and want to do something different, they could do that. But Puna is a small community, Pahoa is a
small community; and there is something to me about when you come and represent something that
I'm going to do such and such a type of use, there is an integrity issue in there. If you start changing
that later and start going far right or left from that, the community sees that, the people see that. And
they say, oh, okay, you might have got this one but next time you come up we know your game now.
And with this, there isn't any of that. It's basically just saying what it is, I want to increase my
property value which will allow them to make, you know, basically speculate on real estate. So to me
it's an integrity issue when people come in with a solid plan even though it can vary a little bit. And
most times in my experience the plan doesn't vary that much from what their intention was because
they have skin in the game, they've invested the money into it. They invested money into the plans,
into the architect and to their consultants. So they may change, and very little bit, but it's usually
relatively on point with what they're doing.
And for the fact that this is kind of an interesting spot in Pahoa; and I grew up in that area. And you've
got like the older part of Pahoa and then the kind of newer, older part of Pahoa like where the 7- Eleven
and stuff; and this kind of merges those two areas together. And I think it takes some important
thought and thoughtfulness on what is going to be. And if something specific is proposed there's a
greater chance for community input, to give their input and see and actually have something to bite
into. Most folks don't realize what a change of zone means. They may have seen it, they may have
14
seen the sign up but they don't really know what that's all about. If they knew, oh, they're going to go
with a 10,000- square foot building there, oh, hey, what does that mean, what is it going to look like,
you know, what are you going to do there? So with that being said I don't support this. I would like to
see a plan. I'd like to see something solid, concrete, like everybody else does. And if that were the
case and it made sense, I would support it. But in that case, I'm not going to. So that's it for me. So
the motion is, I'm still the chairman. I've got to keep it moving.
LEITHEAD TODD: The motion on the floor is to continue.
KERN: The motion on the floor is to continue with a -. And I personally would not, I understand why
you'd like to continue. It's pretty much, kind of after experiencing all of this, it's somewhat cut and
dry in my mind. And I'd rather see a negative recommendation myself, with all due respect to your
continuance.
So with that that's open. We can either change that motion, or we can vote on it and see where that
goes too. And if this motion fails we're left with the motion of a negative recommendation. Is that
right?
LEITHEAD TODD: Yeah.
KERN: So either we're going to vote on it right now, or if you'd like to change your motion we could
do that, too. And it's completely up to you at this point in time, and if the person that seconded will
second it, so -.
MOSES: I'm willing to change the motion to proceed with an unfavorable recommendation.
KERN: Okay, is there a -? Does the second agree?
ISHIBASHI: Second, I agree.
KERN: Okay. So motion on the floor now stands as an unfavorable recommendation to the County
Council, and that has been seconded. So is there any discussion on that? Seeing none, Julie.
MECKLENBURG: Right. If the Commission could just put forth the reasons for forwarding a
negative recommendation. And, again, I'll draw your attention back to the criteria that's in the Statute
which states that the district, I'm sorry, rezoning district classification can be recommended to be
changed only where it would result in a more appropriate land use pattern that will further the public
necessity and convenience and the general welfare, and be consistent with the goals, policies, and
standards of the General Plan. And there are also the considerations that were raised under the CDP.
So with those criteria in mind, if the Commission could please state why the negative recommendation
would be put forward.
KERN: I can help with that if you want.
MOSES: Can you?
15
KERN: Yeah.
MOSES: All right.
KERN: Without the information, the specific information, we cannot determine if this will really
promote the general welfare of the community and the basic town; and that's one of the guiding
principles and policies of the General Plan and of the Puna CDP, to promote better quality and welfare
for the people. Right now this doesn't do it. This says I'm going to promote for myself.
LEITHEAD TODD: So if I understand what the Chair is saying, you're basically saying that the
reason for the negative recommendation is that without information on the proposed plan you cannot
determine whether this is consistent with the general welfare and promotes the goals and policies of the
General Plan and the Community Development Plan. Is that correct?
KERN: Exactly. So you can say for the reasons so stated.
MOSES: Yes, for the reasons associated I -.
MECKLENBURG: So stated.
KERN: So stated.
MOSES: So stated, I move -.
KERN: Yeah, that's why you have your -.
MOSES: Yes, I move that we go ahead with an unfavorable recommendation to proceed.
KERN: Okay.
MOSES: Thank you, Chair.
KERN: Thank you. Okay, very good. So the ducks are in a row. Should I check with the second.
MECKLENBURG: Commissioner Ishibashi, you seconded the motion. Are you also in agreement
with the reasons stated?
ISHIBASHI: Yes, for the reasons stated I concur and I agree.
MECKLENBURG: Okay.
KERN: Okay, very good. Any more comments? Any more discussion? Seeing none, Maija.
COTTLE: Thank you, Mr. Chairman. Commissioner Moses?
MOSES: Aye.
16
COTTLE: Commissioner Ishibashi?
ISHIBASHI: Aye.
COTTLE: Commissioner Au?
AU: Aye.
COTTLE: And Mr. Chair?
KERN: Aye.
COTTLE: Okay, the motion to forward an unfavorable recommendation to County Council passes,
four -zero.
KERN: You'll be notified in writing.
The discussion ended at 10:36 a.m.
17
Respectfully submitted,
.. l&csm.u..--,•
Sharon M. Nomura, Secretary
Windward Planning Commission