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HomeMy WebLinkAboutCOM 0876.000 2014-2016 Randall M.Kurohara , Managing Director William P.Kenoi Mayor J v4 Robert H.Command it.] Deputy Managing Director County of Hawai`i Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96120 • (808)061-8211 • Fax(808)961-6553 KONA: 74-5144 Ane Keohokalolellwy.,Bldg C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 April 19, 2016 Dru Kanuha, Council Chair ---• and Members of the County Council .n County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application(REZ 16-000202) Request: RS-10 to CV-10 Applicant: David &Charlene Ewing Tax Map Key: 1-5-011:008 & 009 As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, WILLIAM P. KENOI Mayor MTransCouncilEwingREZ 16-202 Enclosures cc: Planning Department 413, 11 ao61 Tc`Up Comm. Do. Ref. To: ['G County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date APR 25 2016 .i: County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 APR 1 9 2016 a - Dru Kanuha, Council Chair -' and Members of the County Council " . . County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBJECT: Change of Zone Application (REZ 16-000202) Applicant: David and Charlene Ewing Request: RS-10 to CV-10 Tax Map Key: 1-5-011:008 & 009 The Windward Planning Commission, at its duly held public hearing on April 7, 2016, recommended for your approval the proposed legislative bill 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 17,994 square feet of land. The property is located along the north side of Pahoa Village Road, about 230 feet northwest of Akeakamai Loop, Nanawale Homesteads, Pahoa, Puna, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting a Change of Zone from Single-Family Residential - 10,000 square feet(RS-l0) to Village Commercial - 10,000 square feet(CV-10) for approximately 17,994 square feet of land in order to develop an approximately 2,400- square foot commercial building to be used as an internet coffee shop and for retail businesses. The applicants plan to relocate the internet coffee shop they currently own and operate in downtown Pahoa, about 150 yards from the subject property. The existing space is too small, does not have a public restroom and does not have enough parking Hawaii County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 spaces for their patrons. The applicants plan to lease about 900 square feet of the proposed building for retail businesses. The remaining 1,500 square feet will be used for the coffee shop, which will have a restroom and an approximately 600-square foot covered outdoor seating area. The two lots will be consolidated into one to accommodate the proposed building, parking and landscaping. The existing dwelling on Lot 8 will remain on-site but the existing cesspool on Lot 7 will be removed and replaced by a new septic system designed to serve the existing dwelling and proposed commercial building. The applicants estimate there will be about 3 to 5 employees and about 40 clients per day. 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 a residential to commercial zoning district since the Zoning Code was originally adopted in 1967. The adjacent property to the northwest was rezoned from RS-10 to CV-10 in 2005. 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, chiropractic office, natural grocery store and auto parts store. 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 Dru Kanuha, Council Chair and Members of the County Council Page 3 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 Moe.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. For example, the US Census forecasts the population of the Puna district will surpass the South Hilo district in 2020, with an estimated population of 58,246 compared to South Hilo's 49,791. However, the South Hilo district has more than six times the commercial zoned land than the Puna district, which indicates there is a severe shortage of zoned land where goods and services can be provided to the residents of Puna. As a result, Puna residents have to drive further, often all the way to Hilo for these goods and services. Providing additional commercial- zoned lands in Pahoa Town is essential to improve the quality of life for Puna residents, and in reducing 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 Dru Kanuha, Council Chair and Members of the County Council Page 4 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. Although a regional town center plan for Pahoa has not yet been created, in 2013 design guidelines were created for Pahoa Village and in 2015 the County Council created the Pahoa Village Design District. The subject property is situated within the design district, therefore plans for the proposed development will be reviewed by the design committee to ensure consistency with the design guidelines. 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 Pahoa 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 applicants 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 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 applicants will be responsible for constructing any improvements identified in the TIAR required by the Department of Public Works. Dru Kanuha, Council Chair and Members of the County Council Page 5 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. Parcel 9 is currently served by a 5/8-inch meter limited to an average daily usage of 400 gallons and parcel 8 has an existing service lateral fronting the property. Therefore, County water can be provided to the property for the development of commercial uses. Additionally, the 8-inch waterline fronting the property is capable of providing the required pressure of 2,000 gallons per minute of water flow for fire protection for commercial land uses. Wastewater from the existing dwelling is disposed of into a cesspool. The applicants will install a new septic system to replace the existing cesspool and service the proposed commercial development. 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 services arc available to the property. Police and fire services are available nearby in Pahoa and medical services are available in Pahoa and Hilo. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. 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. Dru Kanuha, Council Chair and Members of the County Council Page 6 The accompanying draft bill to amend Section 25-8-26 (Pahoa Zone Map). Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Sine— y;' t t 1 I I Ch.. les Hea '. . ', C .trman Win, . are 'lanning ommission t FwingREZ16-2O2wpvI Enclosures cc: David and Charlene Ewing Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD William Brilhante, Esq., Corporation Counsel eewing&EZmii 3/31/16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DAVID AND CHARLENE EWING CHANGE OF ZONE APPLICATION (REZ 16-2021 DAVID AND CHARLENE EWING 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 17,994 square feet of land. The subject property is located on the north side of Pahoa Village Road, about 230 feet northwest of Akeakamai Loop,Nanawale Homesteads, Pahoa,Puna,Hawai`i,TMK: 1-5-011:008 and 009. PROPOSED ACTION 1. Applicants 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 17,994 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 develop an approximately 2,400 square-foot commercial building. The applicants plan to relocate the intemet coffee shop they currently own and operate in downtown Pahoa, about 150 yards from the subject property. The existing space is too small, does not have a public restroom and does not have enough parking spaces for their patrons. The applicants plan to lease about 900 square feet of the proposed building for retail businesses. The remaining 1,500 square feet will be used for the coffee shop, which will have a restroom and an approximately 600-square foot covered outdoor seating area. Additionally, the two lots will be consolidated into one to accommodate the proposed building,parking and landscaping. The existing dwelling on Lot 8 will remain on-site but the existing cesspool on Lot 7 will be removed and replaced by a new septic system designed to serve the existing dwelling and proposed commercial building. The applicants estimate there will be about 3 to 5 employees and about 40 clients per day. (P.D. Exhibit 2- Change of Zone Application and email from David Ewing dated January 27, 2016) 3. Landowners: David and Charlene Ewing. 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): The subject property is located within the Pahoa Regional Town Center. In 2013 design guidelines were created for Pahoa Village and in 2015 the County Council created the Pahoa Village Design District, which requires that plans for development within the village will be reviewed by a design committee to ensure consistency with the design guidelines in order to maintain the architectural character of Pahoa Village. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The property consists of two lots,parcel 8 (Lot 7)and parcel 9 (Lot 8). Parcel 8 is 8,437 square feet in size and parcel 9 is 9,557 square feet in size. Both lots are rectangular in shape and fairly level. Parcel 9 contains a 792-square foot single- family dwelling built in 1955. The dwelling extends into the front yard setback near the southwest property line but because the house was built prior to the Zoning Code, it is considered a non-conforming structure. Parcel 8 is vacant except for a cesspool located near the front of the property that serves the dwelling on parcel 9. -2- 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 east is vacant. A surfboard shop is located on the adjacent property to the west. The Napa Auto Parts parking lot is located directly 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 1955. Thus no floral or faunal surveys have been prepared for the property. Due to the property's close proximity to urban areas and its development and use as a home site for the past 60 years,it is not likely to have endangered floral or faunal species. 15. Archaeological/Cultural/Historical Resources: No archaeological inventory survey was prepared as the property has been developed since 1955 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. In a letter dated March 2,2016, the DLNR State Historic preservation Division determined that the proposed rezone would have no effect to historic properties due to the property's proximity to urban development and previous grading/grubbing. The applicants are not proposing to alter the existing dwelling. 16. Public Access: There is no public access to the mountains or the shoreline that traverses the property. 17. Traffic: The applicants do not anticipate a significant increase in traffic because much of the traffic will be transferred from the existing coffee shop to the proposed coffee shop, 150 yards away. -3- 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. Parcel 9 is currently served by a 5/8-inch meter that is limited to an average daily usage of 400 gallons. There is an existing service lateral fronting parcel 8. 20. Wastewater: An existing cesspool on the property services the dwelling. The applicants will install a new septic system to replace the existing cesspool and service the proposed development. 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 23. Department of Public Works: P.D. Exhibit 3—February 18,2016 memo 24. Department of Water Supply: P.D. Exhibit 4—February 11,2016 memo 25. Fire Department: P.D. Exhibit 5—February 4, 2016 memo 26. Department of Health: P.D. Exhibit 6—February 8,2016 memo 27. DLNR-State Historic Preservation Division: P.D. Exhibit 7-March 2,2016 letter AGENCIES-NO COMMENTS OR OBJECTIONS 28. Police Department, Department of Environmental Management. AGENCIES—NO RESPONSE 29. Real Property Tax Office, Pahoa Mainstreet Association. PUBLIC COMMENTS 30. P.D. Exhibit 8: Letter dated February 22, 2016 from Tiffany Edwards Hunt. -4- § 25-5-120 HAWAII 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. (a) The following uses shall be permitted in the CV district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries,museums. (4) Automobile sales and rentals. (5) Automobile service stations. (6) Bars. (7) Bed and breakfast establishments, as permitted under section 25-4-7. (8) Boarding facilities, rooming, or lodging houses,provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (9) Business services. (10) Cemeteries and mausoleums, as permitted under chapter 6,article 1 of this Code. (I1) Churches, temples and synagogues. (12) Commercial parking lots and garages. (13) Community buildings,as permitted under section 25-4-11. (14) Convenience stores. (15) Crematoriums,funeral homes, funeral services,and mortuaries. (16) Crop production. (17) Day care centers. (18) 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. (19) 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. (20) Dwellings, single-family. (21) Family child care homes. (22) 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. (23) Financial institutions. (24) Group living facilities. (25) Home occupations,as permitted under section 25-4-13. Planning Dept. Exhibit § 25-5-122 HAWA]`I COUNTY CODE (26) Hospitals, sanitariums,old age,convalescent, nursing and rest homes and other similar uses. (27) Hotels,when the design and use conform to the character of the area, as approved by the director. (28) Laboratories, medical and research. (29) Lodges. (30) 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. (31) Medical clinics. (32) Meeting facilities. (33) Model homes,as permitted under section 25-4-8. (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) Golf courses and related golf course uses,including golf driving ranges,golf maintenance buildings and golf club houses,provided that the property is within the state land use urban or rural district.Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1,2005. (2) Major outdoor amusement and recreation facilities. (3) 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; Am 2012, Ord.No. 12-28, sec. 14; Am. 2014, Ord. No. 14-86, sec. 12.) § 25-5-123 HAWAI`1 COUNTY CODE 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.) 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) MI 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 line, 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 commission within a planned unit development. (1996,Ord.No. 96-160, sec. 2;ratified April 6, 1999; Am. 2005,Ord.No. 05-155, sec. 15; Am.2015, Ord.No. 15-33, sec.4.) Jackson, Maija From: david ewing <postewing@gmail.com> Sent: Wednesday, January 27, 2016 9:24 AM To: Jackson, Maija Subject: Re: Rezone Application in Pahoa Aloha Maija, Here are the responses to the 3 questions. 1. I have spoken with the building dept. and determined that the existing house will be kept as residential. 2. The last sentence in section A,a is meant to read that the sidewalk is at the front of the property. The building currently is planned for the back of the property, but could be moved to the front if there is a side setback variance allowed. That seems unlikely but possible. 3. The new building will have 1 unisex bathroom and 1 commercial sink. So the new septic system will be designed to accommodate both buildings. Thanks, David Ewing On Mon,Jan 25,2016 at 1:54 PM, Jackson, Maija<Maija.Jackson(a hawui couutvgov>wrote: Hi David, It was nice talking with you today about the rezone application you submitted to Planning for your properties in Pahoa. After reading your application I just have a few follow up questions. 1. The questionnaire states you will keep the existing single-family dwelling on the property as-is but the site plan shows you are proposing to use it as office space. Please clarify. Also be aware that different building code requirements may apply if you use the structure as a commercial office space rather than dwelling. You will need to call the Building Dept at 961-8331 to see what their requirements are. 2. Section A(a.), Project Description, says you propose to construct the new 2,400 sq ft retail business/coffee shop structure in the front of the property but the site plan shows it on the back of the property. I understand this is a conceptual site plan that may change in the future depending on other zoning code requirement and the requirements of the Pahoa Village Design Guidelines (attached),but wanted to clarify where you are proposing to site the structure at this time. 3. I see you are proposing to replace the existing cesspool servicing the dwelling with a new septic system. Will the new septic system handle wastewater for both the new retail/coffee shop structure and the dwelling, or are you proposing a separate septic system for each structure? Planning Dept. Exhibit Z CHANGE OF ZONE APPLIc41pQN , ca COUNTY OF HAWAII PLANNING DEPARTMENT ' • - (Type or legibly print the requested information) APPLICANT. DIM() k Ow Live_ p • APPLICANTS SIGNATURE: C1-447 e ' - 1 / • ' SATE: �] T� ADDRESS: 1.0 • 'bOX I 11_0 I LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:( es.) (508) 315 2156 (Res ) (8,c8)315 2Z,5(2 (Fax) LANDOWNER(S): DAV (D c ekarke nye ED..) n1 . C ` LANDOWNER SIGNATURE(S): � DATE: ax he he (eller( LANDOWNER(S)ADDRESS: Poi Pox I ( D PAHoA) R(• q (07 / B REQUEST: R5 - 10 TO cV — tO (Existing zoning( (Proposed Zoning( TAS MAP KEY: (3) I - 5 - 01I : OOs at 009 STREET ADDRESS OF PROPERTY. (5 - 2895 PANDA vILIA&E R04o SIZE OF PROPERTY ORAFFECiED AREAS) TOBE REZONED: iii 9R4 cc . �I�t Or 1 AGENT: ADDRESS: TELEPHONE (Bus ) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent ORIGINAL: COPIES: ATTACHMENT Comm eshy RM,Resort& 1dustffi1 PLANNING DEPARTMENT COUNTY OF HAWAII APPLDATDN FOR CHANGE OF ZONE .. ifyourreguesth approved,do you'stud to subdviie the sub$cthnd is accorlance with the approved change ofzone? '\ Wyes,phase answerthe restofguest on Iand ben to 1 gueston 3. a. How many acres ofihe requested area do you th nd to subdihie? r. hdn whatbtsizes? c ifyourrequestt approved,appmxinateiy how brig aforthe date ofappmvaldo you expectto subm$ yoursubdvsbn plans to the Planning Departs ent brprelm nary appmvaP Ifyou inland to subdariie,phase subm is pmini nary schem atO subdvsbn plan ingetherw ith yourchange of zone applcatbn tmi . 2. Ifyou nave no firm plans ofsubdviing the subPctarea, do you i tend to: a. Sellorhase be End to som eone who has fmn plans? S e]orhase the land to someone who has tentative pions? c Selorease tie land m som eone who has no plans? d_ Keep it? X. e. other phase stale) If you ntend to do ethers,b,orc,phase ebbonte on the kind ofpbns the otherparty has.Phase,aho, halide in youranswerappmxft ately how soon atter appmvalofyourmzonng do you expectto tmns>erthe subecthnd m anotherpafly. • 3, W hatspecit buibing pons do you have trthe subecthnd? hciide b youransw erthe blow lig:type ofbuidhq (apart ent,ofte,hundenette,et.);fnancing anangem ent; tit etabh brconstruct on;and any others-lam atbn w hih you hem ightheh us in evabahhg your equest /�e ///1.141 coNs/roc7 dyoo s ft C-017i er e-ta l cbc,i/c/ ✓ ' ,r a c e {{ems s" o� gni-el c ' oL/t'r rtrea / lPac>v , Ow/vertf w(// Ir'rvaNee ourdirusk artip/a// fccnn( /e lr0jec /t /4' ON� 7.ea - 4-04-7 / 5 ugi'uiCe_ 6f bC" /c/l Have you pe dun ed any study whish w oui3 dem onstate a need lir yourproposed bu>tiing and,brdevebpm ert N ifso,phase ehbonnn on yourfndngs n the space proviled bebw. - • 2- -• Have you peffian ed any st dy which discusses the envianm entalin pacts yourrequestwouB nave on the surrounding area and/orthe County? �` 1 o Tfso,pase ehhoete on yourfndhys in the space pmviled bebw 6. Are there anybufrlings on the subctarea? C Itso, whatknd? // L; /ti 19J CC W hatdo yo&i tend ID do wit/thos /e bu a&Jf* your S requester approved? keep a.c /cS Ts the subyctland currently being used brany agth1Iu alaca iy? Nr:13 afso,plase ffitffie keds ofproduc s gown on and how m any square ketor acres of and perprduct+ -3- F. To yourknowbdge,has them been any foodng and/or dmnage pmbhm on the subcta}ea? If so,phase descrbe the pmbhtn . o, Do you thhk thatthe mads hading to the subctaa needs in pmvem env Ifso,whatknd? Ss the mad adequate brthe proposed haft volun e 4 orbad? (ts,5 10. W hatsortofgovemm enlalassstance and%or mprvem ents do you belwfibe needed it the subctama when devebped? yes a. School Roads u Sewer d. Dmnage _. Pob:e Pmthcton f. PriEcton g, RecmatiDnalFacilths h. ReomatbnalFaca1 s 1. Other 4- Forthose checked 'yes,"pease ehbomte w hattype or kinds of in proves ents and brassstance ate needed. • 11.H ave you pe±ra ed any hstrc sks study andhrsurvey ofthe subctaiea? Ifso,whatwete the insults? Pbase,also, p submits copy ofthe study iogetherw 9h the change of zone supp$n ent. • fi qb Si]natuS ..%4 : ry � Address: f o 130j�, I( D J� vl ! '7e Tephone: 'o('— 3/ 5 - 2-'56 Date: -5- 6338Ah0A P.1).5,94 Background and County environmental Report For The Application for Rezoning Request (RS-10 to CV-10) TMK: (3) 1-5-011:008 and 009 Applicants and Owners are David and Charlene Ewing A. SUBJECT REQUEST. Details of Proposed Use/Development: a. Project Description: The Applicants would like to rezone two adjacent lots from RS-10 to CV-10 in downtown Pahoa on Pahoa Village road and then consolidate the 2 lots into one. Lot 008 is vacant and lot 009 has a single family dwelling built in 1955 on it. The vacant lot contains the cesspool for the dwelling that will be replaced with a conforming septic system.The applicants plan to construct a commercial building with parking and landscaping along with a sidewalk on the front of the property. b. Statement of Objectives and reasons for the request. The applicants currently own an internet coffee shop 150 yards from the two lots. It is too small. Patrons fill the 384 sq. ft. space and others either wait or go somewhere else. Parking is problem with 9 spaces for 3 different businesses.The patrons also have no restroom to use which has led to loss of business.The new location will more than double the space size, increase parking spaces and have a restroom. The applicants have owned the coffee shop (Hawaiian coffee beans only)for four years and endured these issues for too long. Pahoa town seems to be caught between needing to grow commercially and not being able to for a myriad of reasons. Through this rezoning and constructing an appealing new Pahoa style building, we hope to help the town and create additional jobs for the community. c. Number of acres/Square feet. Lot 008(vacant lot) has 8439 square feet(.1937 acre)and lot 009(with dwelling) is 9555 square feet(.2194 acre)for a total of 17,994 sq.ft. (.4131 acre). d. Proposed units/lots/floor area of proposed building envelope. The proposed building size is 2400 square feet with 900 sq. ft. of it for a retail business to lease and the balance of 1500 sq.ft. for the coffee shop of which 600 sq.ft.will be used for a covered outdoor seating area.The restroom will be 64 sq. ft.The front of the building will have a canopy with metal roof and a four foot wide sidewalk. e. Time frame and costs. Upon approval of the building plans,the applicants plan to complete the project within 1 year with an estimated cost of 150,0005. f. Membership size/number of employees and clientele. The applicants estimate the number of employees for the building to be 3 to 5.Clientele will range from 0 to 40. g. Parking arrangement. The applicants plan to have 12 parking spaces with 1 being used for handicap parking. h. Traffic impacts. Pahoa Village road is the main thorough way for Pahoa with medium density traffic. With the transfer of the coffee shop on this same road to the new location 150 yards away the traffic impact will be negligible. i. Other related information. The applicants plan to add a sidewalk to the street front of the property that will benefit the many town pedestrians. j. Proposed on-site and off-site infrastructure. Proposed on-site infrastructure will comprise of a paved driveway and parking with proper rain drainage. Electricity and water utilities will put underground to code. The water meter that services the family dwelling will remain as is and the meter dedicated to the vacant lot would be adequate for the water needs of the new building. There is a fire hydrant across the road that is close enough to meet the Fire Department's needs.The current cesspool will be removed and filled and a septic system will be installed in a more appropriate location on-site.There is no off- site infrastructure needed. B. CONFORMANCE WITH STATE/COUNTY PLANS: 2. State Land Use Designation. The subject property is situated with the State Land Use area as Medium Density Urban. 3. How the proposed use in not contrary to Chapter 205A, Coastal Zone Management. The proposed rezoning would not be contrary to the concerns of the coastal Zone Management since itis approximately six miles inland from the coast. 4. Applicable goals/policies and objective of the General Plan. The proposed rezoning is consistent with the General Plan's commercial development goals as Listed: a. Section 14.3.2 Goals; Provide for commercial developments that maximize convenience to users. Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities,and neighborhoods. b. Section 14.3.3 policies;Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities,sewers,and transportation systems. Should such services no be available,the development of intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. Encourage the concentration of commercial uses within and surrounding a central core area. c. Section 14.3.5.1.2 Centralization of commercial activities in Pahoa Town, rather than along the Pahoa By-Pass,to serve the residents of Lower Puna shall be encouraged. 5. General Plan Designation (LUPAG Map). The General Plan Designation is Medium Density Urban which is consistent with this rezoning request. 6. Zoning. The parcels are presently zoned RS-10. 7. 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, and Pahoa as a Regional Town Center.The two lots fall within this designation. The applicants have met with the Pahoa Village Design District(PVDD) and read their Guidelines and recommendations. Compliant building plans will be presented for approval to The PVDD. 8. Special Management Area. The property does not fall within the Special Management area as it is 6 miles from the coast. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA. 9. Description of subject property, location, climate, topography, slop, soils, shape, existing structures. The parcels are located near the southwest corner of Pahoa Village road and Akeakamai Loop at 15-2885 Pahoa Village Rd.Climate is typical island windward side sunshine and rain with mild temps.The parcels are flat and vegetation consists primarily of grass with no trees.Some modest landscaping surrounds the dwelling.The ground consists of less than 3" of soil on bulldozed lava rock.The parcels are rectangular in shape with a 792 sq.ft. single family dwelling built in 1955. 10. Lava Hazard Zone. The Pahoa area including the subject parcels are in Lava Flow Zone 2. 11. Distance from coastline. Subject parcels are approximately 6 miles from the coastline. 12. Agriculture Land of Importance in the State of Hawaii (ALISH) The ALISH designation for these properties is 'unclassified'. 13. U.S.D.A. Natural Resources Conservation Services Soil Service Report Soil type. Soils of the area are classified as Pahoehoe Lava Flows. Depth to restrictive feature is 0 inches to lithic bedrock. Drainage class is"excessively drained".Available water capacity is very low.The rock is highly permeable, and runoff and erosion hazards are minimal. 14. Land Study Bureau soil rating "N" Not classified as parcels that are in the urban district. 15. Flood Insurance Rate Map (FIRM)designation. X,Areas determined to be outside the 500 year floodplain. 16. Existing drainage ways or improvements. There is no significant drainage ways that adversely affect the parcels. 17. Air/noise/water quality. 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 time of cessation of trade winds. Existing noise levels are those of a busy small town main street. Each lot is supplied with a 5/8"water meter by Department of Water Supply. 18. Existing archaeological, cultural or historic site on National Register Or Hawaii Register. 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 on December 3, 2015. (Attached) 19. Existing floral/faunal resources (any native or exotic plants; any listed or candidate for endangered species). As there has been a dwelling on Lot 009 since 1955 and both lots are on the main thoroughfare Of Pahoa,there are likely no endangered plants or animal species. 20. Scenic or coastal resources. As the subject parcel is approximately six miles from the shoreline, there are no coastal resources on it.The parcels are not listed as a natural beauty site. 21. Valued Cultural Resources. The subject parcels will not affect any native Hawaiian rights being exercised in the area. 22. Public Access. No public access or trails have been identified with the subject area. 23. Social settlement pattern for this 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. 24. Economic resources of the area. As the subject area is in the town center, there are many economic resources available; Grocery Store, realtors, convenience store,clothing stores,Catholic church, schools and post office 25. Land values. Land values are mixed due to the variety of sizes and ages of structures on them. 26. Surrounding land use. 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. 27. Zoning. The parcel adjacent to the west is zoned CV-10 and the east is zoned RS-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 tern of the parcels from Post Office Road to Paul's Gas Station are zoned commercial. (See attached zoning map). D. PUBLIC FACILITIES AND SERVICES. 28. Description of access. Access to the parcels is from Pahoa Village Road, a 22 foot paved county roadway with a 30' wide right of way.The Department of Public Works(DPW) has control of the right of way, but are limited in what they can do to Pahoa Village Road due to the historic buildings that are built in the right of way. The applicants plan to put a sidewalk in the right of way that will comply with DPW requirements. 29. Availability of water. The subject properties are connected to County water via an 8"waterline along Pahoa Village Rd. Each parcel has a water meter of which one will remain dedicated to the existing dwelling and the other will go to the new building.There is a fire hydrant that is 55 feet from the proposed entrance which is within the guidelines of the Fire Department. The water meters will have back flow pressure units installed to meet the Water Supply Departments requirements. 30. Sewage Disposal. The dwelling on Lot 009 has a cesspool that will be replaced with a compliable septic system. 31. Solid waste. The Pahoa Transfer Station is located on Apa'a Street, about%of a mile away.The Hilo Landfill ss the nearest location available for commercial solid waste. The applicants will check with the DEM to see if a portable waste container is required for the new building. 32. Schools. The subject parcels are served by Pahoa Elementary, Middle and High Schools, Kamehameha Pre school and Montessori Country School. 33. Parks. Pahoa is served by Pahoa Park, which includes a pool and skate park. 34. Other utilities and services (telephone/electricity). Electricity and telephone are connected to the dwelling on lot 009. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS. 35. Relationship between local short term uses of 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. 36. Mitigative measures proposed to avoid, minimize, rectify or reduce impact. The applicant plans to follow all requirements of the accepted building plans by the Planning and Building Department.All certified civil, mechanical and electrical engineering plans will be adhered to so as to avoid, minimize, rectify or reduce impact. 37. Alternatives to the proposed development. All alternatives will be considered as long as it complies with State and County ordinances. 38. Irreversible and irretrievable commitment of natural resources that would be involved if proposed action implemented. There are no irreversible commitments of natural resources involved for this proposed change of zone. F. AGENCIES-COMMENTS The applicants have met with the pertinent agencies to inform and get informed of guidelines and requirements.The applicants have no concerns for being able to comply. 44 3 -v a 2. O O II � ! i0-2—°""O 11 -71 p 1 ©'^ iii I :1 ut e; m i.c E _ ti-,„!,! a ' al oil f gal,. ,r1111111111 ! p� O ' j p o ®-- E__-- iiA 1 { ? ® r li F t : f 27..;i i �t I ' j )r ,z: ? poli} (1II gu _ a e.e) F ,.4, i_` I i`.f• •! - II a tr r !+ a vs. v a ;i.. IY;t=F il ism w+rof� First American Title OWNER:DAVID EWING OWNER:DAVID EWING CHARLENE EWING CHARLENE EWING ADD:P.O.BO%1120 ADD:P.O.BOX 1120 PPHOA,HI.96778 • PAHOA,HI.96]]8 PHONE315-2256 PHONE:315-2256 LOC:PAHOA VILLAGE ROAD LOD/ADD:152005 ThK(3)1-5-011:006 PAXOA VILLAGE ROAD 96]]6 T:7 se ACRE: O.1 37 'U•T. V+ :.'. BTIM:3)1-5-011;009 /VD ACRE:0.2199 �1, 5/E:9,55] 30' d�liio�BE9( QqN/.F#' B $ Nclot, ''� B°� PRoao `�E A, 0 swop 3pxQOF E "4" $m ,ie,'" )1 pp 3o%vPROi vy OO era, 6® %iv + RC it, N y p 6 m Waie 4? � Loissf 1 9e mss 4 SSiarAi q(( ' DPW/ELL ifiet • Psae 0' � 'CARVORT'.' �i 47, 0 iiY mW mh 3 Orli ? '' LANDSCAPE tit Etc ;N ; ;: PR P �I 4 Of E CE 4' mW 2 3 zo qr 30 e \:` a - m OWNER:DAVID EWING i' y CHARLENE EWING / ,S'Sg.t 2 • �' - / - ADD:P 0.BOX 1120 I A '�,.} m PAHOA,HI.96778co 1 %S PHONE:315-2256oc to oxr Sig4S '� BW➢MG fat[KCAwa. iIM ` 3 And Speed. _mph 6 m2 Real LAP 1APPI ---144.1 4} A3o,. 0. .0 I 2 mp rpauper) Ppm !Dl r oz PLOT PLAN - � '+�'. ALI MMfASUREMEPTSAPPROX. 0 WILL ee UNDER MY CASERVAi10 0, ` H .EY I� f1' E I0�w.E.oa„o„ore S ARE PAGE 1 e sise i5 B/ sots, N OWNER:DAVIO EWING CHARLENE ADD:P.O.BOX 1120 PAHOA,It 96778 MOE:315-2256 LOC/ADD:15-2885 8 4084.' PAHOA VILLAGE ROAD 96778 TNK(3)1-5-011;009 WT43 LOT:8, /_- ACRE 02194 SR:9,557 . OWNER:DAVO ENING • . CHARLENE EWING x ADD:P.O.BOX 1120 _ CPRPORi PAHOA,X1.96778 io'{ PHONE315-2256 LOCPAIOA VILLAGE ROAD 5G ' - 7392(3)1.5.011,0088 ' ia,: • LOT.7 Z 8s, ACRE 0.1937 tt LEE/ S/F:8.437 E X' / ::EXISTING HOUSE; 443 as £ 3 m;. lee OA OWNER:DAVID EWING , / EXISTING a�ssPoo CHARLENE EWING xz ADD:P.O. BOX 1120 ' PAHOA, HL 96778 PHONE:315-2256 pJ�p�per' wb sire lead - PA VIL-.C.111.1111.1111.1.111111 < f2f wimr gmrc Cit. fm.vam.aAl n e �Gf ROAD Seismic Dery uusmtef S01214I lA E In oz . u \ `3a' I s PLOT PLAN - . - � us `! Iay .H,wor�w.So,E,.REoa,.E i PAGE-1 1 p DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII - HILO, HAWAII DATE: February 18, 2016 titeauvraidant TO: DuaneanyKanuha, Planning Director ' CJS FROM: (5y).-Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 16-000202) Applicants: David and Charlene Ewing Request: RS-10 to CV-10 Tax Map Keys: 1-5-11: 008 and 009 We have reviewed the subject application forwarded by your memo dated January 28, 2016 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 plan maybe required by the Planning Department under the Plan Approval process in accordance with Sec. 25-2-72(3)of the Hawaii County Code. The subject parcels are 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 floodplain. 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 parcels. Based on the proposed zoning,we recommend the applicant provide improvements to the subject properties'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 should be located within any future road widening setback as established by the Planning Department. We do not sanction the specific plot plan submitted with the application as it will be subject to change given specific code and regulatory requirements of affected agencies. Questions maybe referred to Kelly Gomes at ext. 8327. Planning Dept 3 1037 .r Exhibit County of Hawaii Is an Equal Opportunity Provider and Employer ipi_'^ DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII ,e.• 3 .5 KEKUANA0'A STREET, SUITE 20 • HILO, HAWALI 96720 TELE SONE (808) 961-8050 • FAX (808) 961-8657 February 11, 2016 T = TO: Mr. Duane Kanuha, Director Planning Department D 3 FROM: Keith K. Okamoto, Manager-Chief Engineer .. SUBJECT: Change of Zone Application (REZ 16-000202) _ cr: Applicant: David and Charlene Ewing Request: RS-10 to CV-10 Tax Map Key 1-5-011:008 and 009 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 8-inch waterline within Pahoa Village Road fronting the subject parcel. There is an existing 5/8-inch meter (Account No. 080-42700) serving the subject parcel and an existing service lateral fronting Parcel 008, which is limited to a maximum daily usage of 600 gallons each. The Department has no objection to the proposed change of zone application, subject to the applicant understanding and accepting the following conditions: L The Department requests that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer, licensed in the State of Hawaii, for review and approval. The water usage calculations should include the estimated peak flow in gallons per minute and the total estimated maximum daily water usage in gallons per day, including all irrigation use. Upon receipt of the water usage calculations above, the Department will make a determination as to the water commitment deposit amount and prevailing facilities charge, which is subject to change,to be paid. Based on the water demand calculations, the Department will determine the appropriate service lateral and meter size required. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, by a licensed contractor, within five(5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s)must be inspected and approved by the Department before commencement of water service. - . Planning Dept. FEB 1 6 2016 ,-; 10360 :: ! Exhibit . .91 ater, Our Most Precious Resource. . . 'Ka Mtai. ane . .':4"'-'''' - -i e Depaeme,..c,f'tate,Sapper anE.cal Opoortuncy provider and employer Mr. Duane Kanuha, Director Page 2 February 11, 2016 3. Please be informed that the nearest fire hydrant capable of providing fire protection to the subject parcel is within the distance required per the Department's Water System Standards. 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. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely/ yours, 44 Keith K. Keith K. Okamoto Manager-Chief Engineer TS:dfg copy — Mr. David and Ms. Charlene Ewing DWS Cross Connection William P. Kenoi =ot.I .""1b, '., Darren J. Rosario Meyer 'l Fire Chief [ I ER 4 07. U r R Renwick J. Victorino aloii Deputy Foe Chief �l l County of jatuat`t HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 February 4, 2016 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO,FIRE CHIEF SUBJECT: Change of Zone Application(REZ 16-000202) Applicant: David and Charlene Ewing Request: RS-10 to CV-10 Tax Map Key: 1-5-011:008 & 009 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: NFPA 1,UNIFORM FIRE CODE,2006 EDITION Note: Hawaii State Fire Code, National Fire Protection Association 2006 version, with County of Hawaii amendments. County amendments are identified with a preceding "C—" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing,and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be lr submitted to the fire department for review and approval prior to construction. e wdc Planning Dept. 7 •a EXllil)it r "� V 3` tV '4- P Hovai'1 County Is an Equal Opportunity Provider and Employer. Duane Kanuha February 4,2016 Page 2 C— 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department,or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations,hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es) to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The Atli shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area,with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Duane Kanuha February 4,2016 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways,nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA I 3D, or NFPA 13R,the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R,the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion,condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C- 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Duane Kanuha February 4,2016 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C— 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C— 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet,and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m)in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C— 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft(0.61 m) beyond each edge of the fire lane. Duane Kanuha February 4, 2016 Page 5 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner,including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads,trails, or other accessways not including public streets, alleys,or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails,and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Duane Kanuha February 4,2016 Page 6 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs,tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed,tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings,or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus access road,as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof,are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies,the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists,approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles,or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. Duane Kanuha February 4, 2016 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval,testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001-3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001-6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4"for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3" for ductile Iron; d) 3' for galvanized steel. Duane Kanuha February 4,2016 Page 8 3) The Fire Department Connection (FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHE; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AID with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality,and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size,and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 500 feet. Duane Kanuha February 4, 2016 Page 9 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements,please contact the Fire Prevention Bureau at(808) 932-2911. DARREN J. ROSARIO Fire Chief CB:ds rt DAVID Y.IGE o. x VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII t.t;I DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: February 8, 2016 TO: Mr. Duane Kanuha Planning Director, County of Hawaii FROM: Eric Honda tbl -, District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 16-000202) Applicant: David and Charlene Ewing Request: RS-10 to CV-10 Tax Map Key: 1-5-011:008 & 009 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1,Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The proposed kitchen facility and lunch wagon operation would need to meet the requirements of Chapter 50, Food Safety Code. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46,"Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. _.) 10354: Planning Dept. Exhibit b Duane Kanuha February 8, 2016 Page 2 of 2 We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-pla1ming/landuse/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-I 6-000202.0h DAVID O.IHAWN] %F 9 ~9i�' (vwffiJON m WA,u usvuCE MANAGENMI 1 (i 1 . - \ aT'"a iyky \2 4 . AFFREY T.PETERSON COMOSSIONOrinurmasOLIICEWMAOPILW { rOASEAvAT mntttwN, MUMMY AVOIY111111FE >3� STATE OF HAWAII 'aartdw+d DEPARTMENT OF LAND AND NATURAL RESOURCES GHwwwe ,5-CIQN STATE HISTORIC PRESERVATION DNISION nAn.uu KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEL HAWAII 967(17 March 2,2016 Duane Kanuha,Planning Director LOG NO:2016.00237 County of Hawaii DOC NO: 1603SN14 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 Aloha Mr.Kanuha: SUBJECT: Chapter 6E-42 Historic Preservation Review— CIZ Application from Residential(RS-10)to Commercial(CV-10)for 0.41-Acres of Land on Pahoa Village Road(REZ 16-000202) Waialmhuila Ahupua`a,Puna District,Island of Hawaii TMK:(3)1-5-011:008 and 009 Thank you for the opportunity to review this application that was received by our office on February 1, 2016.The application indicates the proposed plan is to change the zoning from Residential (RS-I0) to Commercial (CV-19) district for the subject parcels in order to construct a 2400 sq. ft. commercial building, retail space, parking and infrastructure.There is an existing single-family dwelling constructed in 1955 on parcel 008 which will remain as a residential unit while the remaining portions of parcel 008 and parcel 009 will be utilized for the proposed project. A review of our records indicates that no archaeological inventory survey has been conducted on the subject property, and that aerial photos show that urban development and previous grading and grubbing activity has impacted the property.Therefore it is unlikely that subsurface archaeological deposits and features remain. Based on current information, SHPD's determination is no historic properties affected for the proposed project and zone change.Therefore,the permit and zone change process may proceed. However, in the unlikely event that historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at(808)933-7651. Please contact Sean Naleimaile at (808) 933-7651 or at Sean.P.Naleimailef&hawaii.gov if you have any questions or concerns regarding this letter. Aloha, St., A . u.115-0 o Susan A.Lebo,PhD Archaeology Branch Chief cc. Warren H.W.Lee(public worksno,hawaiicountv.gov) Maija Jackson(Mai a.1 ackson( thawa'icountv.zoy) David Ewing(postewinpwmail.com) Planning Dept. Exhibit 7 7 Tiffany Edwards Hunt -: P.O.Box 453 Pahoa,HI 96778 (898)938-8592 nenswomamantac.car Feb. 22,2016 County Planning Department 101 Pauahi St. Hilo,HI 96720 (808)961-8288 RE: TMK(3)1-5-011:008 and 009;rezone from RS-10 to CV-10 To Whom It May Concern, My name is Tiffany Edwards Hunt and,through my husband Jeff Hunt and his property at 15-2883 Pahoa Village Road, I am the neighbor to TMK (3)1-5-011:008 and 009, which is proposed to be rezoned from RS-10 to CV-10. My husband and I have received notice of the proposed rezoning from the property owner, David Ewing. I'm writing to put on record our family's support of David and Charlene Ewing,and their effort to rezone said parcels. The Ewings have been in regular communication with us about their proposed rezoning and their plans for the property that neighbor ours. In the past,Jeff and I have opposed other proposed rezonings on either side of Jeff's property. We opposed those other proposed rezonings, including one for the very parcels you have before you, because we saw that they were speculative and disingenuous. It was obvious that the owners were trying to obtain the commercial rezonings in order to sell the properties at a higher value. In fact,the properties before you now were listed for - - Planning Dept. 0 Exhibit 8 FE116 03 sale at the same time the owner had submitted the change of zone application. The other property was listed for sale very shortly after the change of zone application was denied. Being that there are more than 40 uses for village commercial, we were not comfortable supporting any application that doesn't include a real plan for the type of business that would be neighboring ours. We are vested in Pahoa,and care very much for the village. We want to ensure that there is proper planning and that the village feel is preserved. As for the change of zone application you have before you,we are comfortable that the Ewings will follow through with what they say they are going to do once they obtain the village commercial rezoning. The Ewings have an existing business in Pahoa and are seeking a permanent home for it. We totally support that. We appreciate how communicative and forthcoming they have been with us before and after they purchased the properties at issue. I have known the Ewings for many years and,at one point, served with Dave Ewing on the Mainstreet Pahoa Association board. The Ewings are very good-natured people,and I trust their word. I also believe that they have similar ideals for Pahoa as my husband and I do. I just want to emphasize that Jeff and I support this rezoning application, and we wish the best for the Ewings and the expansion of their existing business. Thank you so much for the opportunity to comment on this application. Sincerely, Tiffany Edwards Hunt Cc Dave and Charlene Ewing REwingREZ:jj321/16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DAVID AND CHARLENE EWING CHANGE OF ZONE APPLICATION (REZ 16-202) 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 applicants are requesting a Change of Zone from Single-Family Residential - 10,000 square feet (RS-I0)to Village Commercial - 10,000 square feet(CV-t 0) for approximately 17,994 square feet of land in order to develop an approximately 2,400- square foot commercial building to be used as an internet coffee shop and for retail businesses. The applicants plan to relocate the intemet coffee shop they currently own and operate in downtown Pahoa, about 150 yards from the subject property. The existing space is too small, does not have a public restroom and does not have enough parking spaces for their patrons. The applicants plan to lease about 900 square feet of the proposed building for retail businesses. The remaining 1,500 square feet will be used for the coffee shop, which will have a restroom and an approximately 600-square foot covered outdoor seating area. The two lots will be consolidated into one to accommodate the proposed building,parking and landscaping. The existing dwelling on Lot 8 will remain on-site but the existing cesspool on Lot 7 will be removed and replaced by a new septic system designed to serve the existing dwelling and proposed commercial building. The applicants estimate there will be about 3 to 5 employees and about 40 clients per day. 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 a residential to commercial zoning district since the Zoning Code was originally adopted in 1967. The adjacent property to the northwest was rezoned from RS-l0 to CV-10 in 2005. All of the nearby properties across Pahoa Village Road are currently zoned CV-I 0. Land uses in the immediate area are mainly commercial and include a surfboard shop, chiropractic office, natural grocery store and auto parts store. 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. -2- • 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. For example, the US Census forecasts the population of the Puna district will surpass the South Hilo district in 2020, with an estimated population of 58,246 compared to South Hilo's 49,791. However,the South Hilo district has more than six times the commercial zoned land than the Puna district,which indicates there is a severe shortage of zoned land where goods and services can be provided to the residents of Puna. As a result, Puna residents have to drive further, often all the way to Hilo for these goods and services. Providing additional commercial-zoned lands in Pahoa Town is essential to improve the quality of life for Puna residents, and in reducing 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. Although a regional town center plan for Pahoa has not yet been created, in 2013 design guidelines were created for Pahoa Village and in 2015 the County Council created the Pahoa Village Design District. The subject property is situated within the design district, therefore plans for the proposed development will be reviewed by the design committee to ensure consistency with the design guidelines. Based on the above findings, the request will conform to the General Plan and Puna Community Development Plan. -3- 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 Pahoa 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 applicants 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 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 (TSAR) if a land use is developed that would generate over 50 peak hour trips. The applicants 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. Parcel 9 is currently served by a 5/8-inch meter limited to an average daily usage of 400 gallons and parcel 8 has an existing service lateral fronting the property. Therefore, County water can be provided to the property for the development of commercial uses. Additionally,the 8-inch waterline fronting the property is capable of -4- providing the required pressure of 2,000 gallons per minute of water flow for fire protection for commercial land uses. Wastewater from the existing dwelling is disposed of into a cesspool. The applicants will install a new septic system to replace the existing cesspool and service the proposed commercial development. 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 services are available to the property. Police and fire services are available nearby in Pahoa and medical services are available in Pahoa and Hilo. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. 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. -5- COUNTY OF HAWAII (.(i j,,0!•i STATE OF HAWAII BILL NO. ORDINANCE NO. (Phhhi✓tj `7epf) AN ORDINANCE 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 NANAWALE HOMESTEADS,PAHOA,PUNA,HAWAII, COVERED BY TAX MAP KEY: 1-5-011:008 AND 1-5-011:009. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAFT: 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 Nanawale Homesteads, Palma, Puna, Hawaii, shall be Village Commercial— 10,000 square feet(CV-10): Lot 7: Beginning at a point at the Southwest 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 1,253.21 feet South and 1,775.83 feet East, thence running by azimuths measured clockwise from True South: 1. 20T 56' 30" 181.04 feet along Lot 8; 2. 304° 58' 50.40 feet along Lot 35; 3. 28° 26' 30" 106.72 feet along Lot 6; 4. 1l4° 30' 3.50 feet along same; 5. 24° 35' 58.10 feet along same; -1- 6. 106° 27' 50.00 feet along the North side of Government Main Road to the point of beginning, containing an area of 8,439 square feet, more or less. Lot 8: 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 1,253.21 feet South and 1,775.83 feet East, thence running by azimuths measured clockwise from True South: 1. 109° 20' 51.00 feet along the North side of Government Main Road; 2. 207° 42' 30" 195.00 feet along Lot 9; 3. 304° 58' 51.60 feet along Lot 34 and Lot 35; 4. 27° 46' 30" 181.04 feet along Lot 7 to the point of beginning containing an area of 9,555 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, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. -2- 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 HAWAI`l , Hawai`i Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: -3- CEwingREZ.mjj 3/21/16 DAVID AND CHARLENE EWING CHANGE OF ZONE APPLICATION (REZ 16-202) CONDITIONS OF APPROVAL A. The applicants,successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to submitting plans for Plan Approval, the applicants shall secure Final Consolidation Approval to consolidate Tax Map Key Nos. 1-5-011:008 and 009 into one lot. C. 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. All application(s) for plan approval and sign permit(s) shall be reviewed for consistency with the Pahoa Village Design Guidelines according to Section 25-7-42 of the Zoning Code. D. Prior to the issuance of a water commitment by the Department of Water Supply(DWS), the applicant(s) shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicants are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. E. 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. 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(TSAR) 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 a Certificate of Occupancy 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, County Streets, of the Hawaii County Code. The method of sewage disposal shall meet with the requirements of the Department of Health. J. 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. K. 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 -2- 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$8,667.10 per multiple family residential unit ($13,506.70 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: • $4,275.24 per multiple family residential unit ($6,513.17 per single family residential unit)to the County to support park and recreational improvements and facilities; • $135.12 per multiple family residential unit ($314.20 per single family residential unit) to the County to support police facilities; • $415.64 per multiple family residential unit($620.58 per single family residential unit)to the County to support fire facilities; • $185.25 per multiple family residential unit($271.70 per single family residential unit)to the County to support solid waste facilities; and • $3,655.85 per multiple family residential unit($5,787.06 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. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -3- M. The applicants,successors or assigns shall comply with all applicable County, State and Federal laws,rules, regulations and requirements. N. An initial extension of time for the performance of conditions within the ordinance may be ganted by the Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. 0. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -4- RRS-10 S-(0 RS-10 R5-10 RS-10 RS-10 RS-IO LOTS SINGLE FAMIY RES ERCIAL L 10000 QUARE FEET IS-1 TO RS-IO VILLAGE COMMERCIAL --1,000SQUARE FEET Y-10) 9,555 SQUARE FEET LOT? SINGLE FAMILY RESIOENGAL•10000 SQUARE FEET(RS-10I TO VILLAGE COMMERCIAL-1%000 SQUARE FEET ICV-101 8,439 SQUARE FEET RS-10 ` RS-IO CV-10 R5-10 RS-10 CV-10 CV-10 411 CV-10 CV-t0 CV-10 CV-t0 Cy(0 ee CV-10 P yP �P N-t0 1zzjzro CV-10 P Yl5 CV-10CV-10 (tiC✓-10 RO \ x N ada CV-10 2 cv.io Feet 0 250 500 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 NANAWALE HOMESTEADS, PAHOA, PUNA, HAWAII TMK(3)vson:ooe allo MAP PREPARED BY: (3)1-5-011:009 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:January 26,zote EXHIBIT "A" Ewing Mao: 1371 r 0 N () Ose o N N g C.), N 1 C O O Cl.) V 4--i O Ct Z r—.. 0 .O Cas) U "Tui = 4 Cit u '� N O C� tik cu ct O v C) (1) I / II 1 .i - ,, , 1 *li N OP s: ...44 ; \ .zritili..____ ....-_ , C..) , z . 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V./ * r a 1. t ^ t 3 .'44.4 .1', ;y. 111111111111111111111111.11111.1111•1111•=11111.11111111111111111.111111111111111111111111111111111111111111.1111111 . . _ ,. • ,. . s• ,. . . .., , ••,, , ...„1.,,.;...:A,v.ii:y.:3- Try • , Ai,.4, ( ) .c.i.. 4qi ..,41 0 • -4—J 0 cd •vio .1 .,.1., cri "C'd1 :.: A 11 , ‘1,.....4 E a) 4 E +.4 E 0 .4..0 o 0 a) U u z V u 0 I) (1) ...clip "...1 4.-4 4-4 4 cd u4 0 •1.-4 4-4 csoo • 1,..., 0 cit r j U 4014 411'.*1 b13 4-4 CZ CU Z , Ct• „,-.4 -4-) .---( P.--i ( ) €) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 7, 2016 A regularly advertised hearing on the application of DAVID AND CHARLENE EWING (REZ 16-062)was called to order at 9:43 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Charles Heaukulani presiding. COMMISSIONERS PRESENT: Charles Heaukulani, Dorm Dela Cruz, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Raylene Moses. ALSO PRESENT: Duane Kanuha(Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Maija Jackson(Staff Planner),Christian Kay (Staff Planner), Lucas Mead (Staff Planner), Sarah Hata-Finley(Commission Secretary), and Kim Tanaka(Secretary). And one person from the public in attendance. APPLICANTS: DAVID AND CHARLENE EWING(REZ 16-202) 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 17,994 square feet of land. The subject property is located on the north side of Pahoa Village Road, about 230 feet northwest of Akeakamai Loop,Nanawale Homesteads, Pahoa, Puna,Hawaii, TMK: 1-5-011:008 and 009. HEAUKULANI: Okay, we're going to move to Agenda Item No. 3, Applicants David and Charlene Ewing. JACKSON: Good morning, Commissioners. HEAUKULANI: Good morning again. JACKSON: The next item on your agenda is a request for a rezone. The property is located in the Puna District in the town of Pahoa. You can see the subject property has a red dot over it in the middle of the slide, and you have Pahoa Village Road running through the middle of the slide on the west side. And, then you can see the Pahoa Bypass on the cast side. So,the road in the middle running between the two roads is Post Office Road, and the subject property is located just south of that right along Pahoa Village Road. The subject area actually consists of two properties that are side-by-side. They are outlined in red. And, again, you can see Pahoa Village Road on the bottom portion of the property. The I property is currently zoned Single-Family Residential– 10,000 square feet which is shown in the yellow color,but there are several properties nearby that are zoned Village Commercial– 10,000 square feet. Those are shown in the pink color. The General Plan Designation for the Pahoa Village area is Medium Density Urban which supports commercial zoning as well as Medium Density residential zoning. This is a map of the Puna CDP showing Pahoa Village and, again, you have the Bypass on the top of the slide and then Pahoa Village Road running through the middle of the slide here. The subject property is right about in this location here where the red dot is, so you can see, it's right in the center of Pahoa Village. This is an aerial photo of the Village. This—this property here is what was known as the former Pahoa Cash & Carry. It's now the Napa Auto Parts Building. And then,this building here is the Island Naturals Store, and then you have the pool, the Pahoa Pool is just off of the slide to the south here. So, you can see the subject properties are right in the middle of the Village. There's an existing dwelling on one of the properties. The Applicant is requesting to change the zoning from Single-Family Residential to Village Commercial – 10,000 square feet, and currently, the Applicants own a coffee shop in Downtown Pahoa. It's a small store, and they have very limited parking, and so, they are wanting to develop the subject properties to relocate their coffee shop. They're proposing a 2,400-square foot commercial building which will consist of the coffee shop, as well as space for retail businesses to lease. This is their proposed site plan. Pahoa Village Road is on the bottom of the slide,and then you have a driveway access to the parking area, and the structures,the proposed structures for the coffee shop and retail businesses are shown in the back. At this time, the Applicant intends to keep the existing dwelling on the property as a dwelling. This is a view of Pahoa Village Road. The current dwelling is located here, and then the vacant property next door is also part of the request. You can see Pahoa Village Road has a very narrow right-of-way. This is the subject property with the dwelling again, and then the vacant property in the foreground. You can see the Island Naturals Store on the back right side of the slide. And, this is the existing driveway to the house. The Applicant would be keeping this driveway as well as constructing a new driveway generally in this area here. The Planning Director is recommending that the Commission send a forward—forward a favorable recommendation on the Change of Zone request to the County Council. And, that concludes my presentation. Are there any questions? HEAUKULANI: Thank you. Anyone, questions? Thank you. Will the Applicant or their representative please come forward? Good morning, sir. 2 EWING: Good morning. HEAUKULANI: Remain standing,and raise your righthand, and do you swear or affirm to tell the truth on this matter now before the Windward Planning Commission? EWING: Yes. HEAUKULANI: Please have a sat. Please use the microphone. Start by telling us your name and the area in which you reside. EWING: I live in Pahoa just outside of the Village on Pohoiki Road, and my name is David Ewing, and so I'm the owner of the property. HEAUKULANI: Good morning. Thank you for being here. Please proceed, sir. Let us know what's going on. EWING: Oh, so, yeah the current coffee shop is in a little complex with three or four other businesses that share the same parking lot, and so, we constantly have parking issues. We don't have a bathroom for our patrons and our actual space that we lease is very small. So, those three issues inhibit our growth, and my wife and I purchased this property almost two years ago and now have been developing this plan to relieve us of those issues. HEAUKULANI: Understood. Have you received the Planning Director's Background Report and Recommendations? EWING: Yes. HEAUKULANI: And, you have any questions on any of the recommendations? EWING: No, I do not. HEAUKULANI: All right. Commissioners, anyone have questions for the Applicant? Hearing none, thank you, sir. EWING: Thank you. HEAUKULANI: I do not, again, have anyone signed up to testify or be heard on this matter. I don't see anyone left to testify on this matter. Commissioners,would someone please move to close public testimony? IKEDA: Mr. Chairman, I move to close public testimony. HEAUKULANI: Thank you, Commissioner Ikeda. MOSES: Second. 3 HEAUKULANI: Thank you. It's been moved by Commissioner Ikeda that we close public testimony; second by Commissioner Moses. Thank you. Any discussion? Hearing none, all those in favor signify by saying aye. COMMISSIONERS: Aye. HEAUKULANh Opposed? Hearing none, the public testimony is closed. Commissioners, I will entertain a motion for action on this one. IKEDA: Mr. Chairman, I move that the application for Special Management Area Use Permit, Docket No. SMA 16-064 [sic] be— PATEL: Commissioner Ikeda, we're on Item 3. IKEDA: Oh, I'm sorry. Number 3, sorry. Application for a Change of Zone from a Single- Family Residential— 10,000 square feet(RS-10) to Village Commercial— 10,000 square feet (CV-10)zoning district. Oh, I'm sorry. I guess it's not my day. I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone Docket No. REZ 16-202 based on the Planning Director's recommendations, findings, and proposed conditions which shall be adopted. HENKEL: Second. HEAUKULANI: I've got a motion by Commissioner Ikeda; second by Commissioner Henkel. Any discussion, Commissioners? If not, Maija, could you please roll call the vote? JACKSON: Yes,thank you, Mr. Chair. Commissioner Ikeda? IKEDA: Aye. JACKSON: Commissioner Henkel? HENKEL: Aye. JACKSON: Commissioner Dela Cruz? DELA CRUZ: Aye. JACKSON: Commissioner Miyasato? MIYASATO: Aye. JACKSON: Commissioner Moses? MOSES: Aye. 4 JACKSON: And Chair Heaukulani. HEAUKULANI: Aye. JACKSON: Okay, the motion passes six-zero. HEAUKULANI: Thank you, sir. Good luck to you, and you'll be notified of the Commission's decision in writing. The discussion ended at 9:53 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 5