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COM 1024.000 2018-2020
Harry Kim Mayor July 27, 2020 C���t�cf�r u��ttfvtti`Y Roy Takemoto Managing Director Barbara I Kossow Deputy Managing Director (Offirr .of f4t aver 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg. C • Kailua-Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 323-4440 Aaron S. Y. Chung, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 10 19 (REZ 09-000101) Applicant: Dr. Brian Sugai Request: Amendment for a Six -Year Time Extension to Condition D (Time to Complete Construction) Tax Map Key: 2-3-037:019 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 requests. Sin rely, HARRY KI Mayor TCouncil SugaiF EZ09-101 Enclosures cc: Planning Department 11) Comm. No. Ref. To: Ref. Dote County of Hawaii is an Equal Opportunity Provider and Employer. Harry Kim Mayor Roy Takemoto Managing Director JUL 1 7 2020 County of Hawai` i WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: Thomas Raffipiy, Chair John Replogle, Vice -Chair Gilbert Aguinaldo Dean Au Joseph Clarkson SUBJECT: Amendment to Change of Zone Ordinance No. 10 019 (REZ 09-000101) Applicant: Dr. Brian Sugai Request: Six (6) Year Time Extension to Condition D (Time to Complete Construction) Tax Map Key: 2-3-037:019 The Windward Planning Commission, at its duly held public hearing on July 2, 2020, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 10019. The subject property is located adjacent to the Alenaio drainage channel on the east side of Komohana Street approximately 700 feet south of the Komohana Street-Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii. The applicant, Dr. Brian Sugai, has submitted an application for a six (6) -year time extension to Condition D (Time to Complete Construction) of Ordinance No. 10 19, which was originally approved on March 18, 2010 and which reclassified approximately one (1) acre of land from an Agricultural 1 -acre (A-1 a) to Neighborhood Commercial - 20,000 square feet (CN -20) zoning district. The applicant initially planned to construct an approximately 20,000 -square foot, two-story building to contain his medical office and other offices for rent/lease on the ground floor and a residential unit on the second floor to be used by the applicant. The original plan also set aside an area on the property for an additional 20,000 -square foot building. However, due to cost considerations, the applicant decided to reduce the size of the structure to a proposed 8,900 -square foot, two-story office building, including one (1) residential unit and a 36 stall parking lot, two (2) of which will be ADA accessible. Hawai'i County is an Equal Opportunity Provider and Employer Aaron S.Y. Chung, Council Chair and Members of the County Council Page 2 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. According to the applicant, Final Plan Approval and a building permit were issued in 2011. However, based on cost considerations and the economy just coming off of a recession, construction was delayed, and plans were abandoned. The applicant subsequently submitted revised building plans in 2013, but due to a misunderstanding with the Department of Public Works (DPW), a building permit was never issued. In 2014, DPW issued a site work grading permit and some site work subsequently occurred. However, misunderstandings between the applicant and the then contractor resulted in lengthy litigation between the parties and construction was suspended during that time. With the litigation resolved, a new grading permit was issued in 2019 and site work re -commenced. Upon receipt of this time extension approval, a new Final Plan Approval can be obtained, a new building permit can be finalized, and the applicant intends to complete the project within 24 months. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone under Ordinance No. 10 19 have not changed. The CN -20 zoning remains consistent with the LUPAG designation and goals, policies, and actions of the General Plan. The site is served by appropriate infrastructure such as water, wastewater, access, and essential utilities. There are no irresolvable geological or topographical problems which cannot be rectified, or which would render the land unusable. Since the subject parcel was rezoned, there has not been any significant land use regulatory changes in this area. The current zoning (CN -20) continues to be consistent with Medium Density Urban (MDU) designation in the General Plan's Land Use Pattern Allocation Guide (LUPAG) map, which allows for a "Village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential -- up to 35 units per acre). " The subject, one (1) -acre property is located on the east side of Komohana Street just north of the Alenaio drainage channel. It is irregular in shape, slopes very slightly to the east, and is located at an elevation of about 240 feet. The property was formerly planted in sugar cane but has been graded and is currently vacant of any structures or improvements. The CN zoning and proposed development is consistent with the mixed residential/commercial/medical office character of the surrounding neighborhood. The nearest residential uses are located in the Komohana Heights subdivision just beyond the Alenaio drainage channel, south of the property. The adjacent properties to the north are vacant and similarly zoned CN -20. Undeveloped lands to the west were rezoned in 2004 to the Wailani Project District. To the east are vacant lands zoned A -la and residential Aaron S.Y. Chung, Council Chair and Members of the County Council Page 3 uses on land zoned RS -7.5. The Ka Waena Lapaau medical office complex is located at the northeastern corner of the Ponahawai Street - Komohana Street intersection on land zoned CN -20. Several of the nearby properties on the south side of Ponahawai Street makai of Komohana Street have been rezoned to RM -4, RM -5.5 and CN -20. The proposed development will be developed in accordance with the Zoning Code, including the requirement to obtain a new Final Plan Approval, which will ensure appropriate on-site parking, drainage and landscaping requirements will be met. In addition, the proposed amendment meets the concurrency requirements of the Zoning Code which address traffic, potable water, and Civil Defense Siren availability (approximately 500 feet from the subject site). According to the Department of Water Supply (DWS), County water is available from an existing 12 -inch waterline fronting the property within Komohana Street that is adequate to provide the required 2,000 gallons per minute fire flow for fire protection Per DWS standards. Condition B of the subject Change of Zone ordinance required the applicant to submit anticipated maximum daily water usage calculations to DWS within 180 days of the effective date of the ordinance, however the applicant did not comply with that timeframe. In anticipation of the Change of Zone amendment, the applicant completed water demand calculations and submitted them to DWS for review. Based on the calculations, the proposed project will need a total of 1,835 gpd, or four (4) additional units of water. According to DWS, the applicant would be required to request a wager commitment for the additional units of water and pay the necessary commitment deposit of $600. The applicant will also have to cut and plug the existing 1 -inch service lateral, install a 1 1/2 -inch service lateral and a 1 -inch meter (in lieu of the existing 5/8 -inch meter serving the property), install a fire hydrant within 150 -feet of the subject property, install a reduced pressure type backflow assembly within five (5) feet of the water meter and remit the remainder of the facilities charges for the additional service. As the applicant has complied with the completion and submission of water calculations to DWS as required by Condition B, the Director is suggesting updating the condition to articulate the required timing of the water commitment deposit payment and articulating the need for the applicant to maintain valid water commitments. The applicant also completed a Solid Waste Management Plan (SWMP) that was approved by the Department of Environmental Management on April 18, 2011 as required by Condition M of the subject Change of Zone ordinance. Based on staff conversations with the DEM -Solid Waste Division, the Director is recommending the retention of this Condition so that DEM has an opportunity to review and update as necessary components of the SWMP prior to receipt of Final Plan Approval for the proposed development or any additional development on the subject property. Aaron S.Y. Chung, Council Chair and Members of the County Council Page 4 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, 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 preceding findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 10 19. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and to remove satisfied conditions. The accompanying draft bill to amend Ordinance No. 10 19 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. 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 will be provided under separate cover. airman Windward Planning Commission LSugaiAmendREZ09-101 wpc2 Enclosures cc: Sidney Fuke, Planning Consultant Dr. Brian Sugai Department of Public Works Department of Water Supply John Mukai, Esq., Corporation Counsel B SugaiREZAmend.crk.6.19.2020 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DR. BRIAN SUGAI AMENDMENT TO CHANGE OF ZONE ORDINANCE 10 019 (REZ 09-101) DR. BRIAN SUGAI submitted an application for a six (6) -year time extension to Condition D (Time to Complete Construction) of Ordinance No. 10 019, which reclassified approximately one (1) acre of land from an Agricultural 1 -acre (A -la) to Neighborhood Commercial -20,000 square feet (CN -20) zoning district. The subject property is located adjacent to the Alenaio drainage channel on the east side of Komohana Street approximately 700 feet south of the Komohana Street-Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii, TMK: 2-3-037:019. PROPOSED DEVELOPMENT 1. Applicant's Request: The applicant is requesting a six (6) -year time extension to Condition D (Time to Complete Construction), which states: "Construction of the proposed improvements shall be completed within five '(5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai `i County Code. Plans shall identify all proposed structure(s), fire protection measures, paved driveway access, parking stalls and loading zones. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). " Please note, the applicant initially requested a five (5) -year time extension with the possibility of retaining an administrative time extension, however, based on conversations with the Planning Department staff, the applicant changed the request to a six (6) -year time extension with no administrative time extension. 2. Proposed Development: The applicant initially planned to construct an approximately 20,000 -square foot, two-story building to contain his medical office and other offices for rent/lease on the ground floor and a residential unit on the second floor to be used by the applicant. The original plan also set aside an area on the property for an additional 20,000 -square foot building. However, due to cost considerations, the applicant decided -1- to reduce the size of the structure to a proposed 8,900 -square foot, two-story office building, including one (1) residential unit and a 36 -stall parking lot, two.(2) of which will be ADA accessible. 3. Reason for the Request: According to the applicant, Final Plan Approval and a building permit were issued in 2011. However, based on cost considerations and the economy just coming off of a recession, construction was delayed, and plans were abandoned. The applicant subsequently submitted revised building plans in 2013, but due to a misunderstanding with the Department of Public Works (DPW), a building permit was never issued. In 2014, DPW issued a site work grading permit and some site work subsequently occurred. However, misunderstandings between the applicant and the then contractor resulted in lengthy litigation between the parties and construction was suspended during that time. With the litigation resolved, a new grading permit was issued in 2019 and site work re -commenced. Upon receipt of this time extension approval, a new Final Plan Approval can be obtained, a new building permit can be finalized, and the applicant intends to complete the project within 24 months. (P.D. Exhibit I - Change of Zone amendment application dated April 27, 2020 and email dated May 22, 2020 from Sidney Fuke) 4. Landowner: SW Enterprise LLC. STATE AND COUNTY PLANS 5. SLU Designation: Urban. 6. GP LUPAG Map: Medium Density Urban. 7. County Zoning: Neighborhood Commercial -20,000 square feet (CN -20) 8. Hilo Community Development Plan (CDP): The Hilo CDP, adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the area as RS/RM/PUD. 9. Special Management Area (SMA): The subject property is located over one (1) mile from the shoreline at an elevation of about 240 feet above sea level and is not situated in the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 10. Subject Property: The property is located on the east side of Komohana Street just north of the Alenaio drainage channel. It is irregular in shape, slopes very slightly to the east, -2- and is located at an elevation of about 240 feet. The property was formerly planted in sugar cane but has been graded and is currently vacant of any structures or improvements. 11. Surrounding Land Uses/Zoning: The adjacent properties to the north are vacant and similarly zoned CN -20. Undeveloped lands to the west were rezoned in 2004 to the Wailani Project District. The nearest residential uses are located on the property directly adjacent to the east, A-1 a and in the Komohana Heights subdivision just beyond the Alenaio drainage channel, south of the property zoned RS -7.5. The Ka Waena Lapaau medical office complex" is located at the northeastern corner of the Ponahawai Street - Komohana Street intersection on land zoned CN -20. Several of the nearby properties on the south side of Ponahawai" Street makai of Komohana Street have been rezoned to RM - 41 RM -5.5 and CN -20. 12. FIRM: A portion of the property is located in the "AE" flood zone, which is a special flood hazard area inundated by the 100 -year flood where base flood elevations have been determined. 13. Flora/Fauna Resources: No professional floral or faunal survey was prepared, as the property is an abandoned sugar cane cultivation area and has been recently grubbed. Vegetation on -the property consists of California and Wainaku grass. None of these species are endangered plants. According to the applicant, due to the property's close proximity to urban areas it is not likely to have endangered faunal species, but rather feral cats, rats and mongoose likely utilize the area. 14. Archaeological/Cultural/Historical Resources: No archaeological inventory survey was prepared, as the property was previously used' for sugar cane. Similarly, no valued cultural or historical resources exist on the site. No traditional and customary native Hawaiian rights are exercised on the site. By letter dated July 2, 2009, the DLNR State Historic Preservation Division determined that no historic properties will be affected. because previous grading/grubbing and urbanization have altered the land. 15. Public Access: There is no, public access to the mountains or the shoreline that traverses the property. -3- UTILITIES AND SERVICES 16. Access/Roadway: Access to the property is via a 30 -foot wide road and utility easement identified as "RU -11" from Komohana Street, which is a County owned roadway with a 25 -foot pavement width within an 80 -foot wide right-of-way fronting the property. A No Vehicular Access 10 -foot wide Planting Screen Easement is identified along Komohana Street fronting the property. Conditions of approval of the subject Change of Zone ordinance require the applicant to provide full improvements to the property's frontage along Komohana Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the DPW prior to issuance of a certificate of occupancy. Furthermore, access connection to Komohana Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code to be right -turn in and right -turn out movements only with prescribed intersection improvements and signage meeting with the approval of DPW. 17. Traffic: According to the applicant, the Institute of Traffic Engineers (ITE) manual indicates that the AM/PM trip generation for general office use is 1.49 trips per 1,000 square feet of gross floor area, thus the projected movements would be no more than fourteen (14) movements for the approximately 9,000 -square foot office building. The ITE manual further indicates that the AM/PM trip generation for a medical/dental office use is 3.46 trips per 1,000 square feet of gross floor area, thus the projected movements would be no more than 31 movements for the approximately 9,000 -square foot office building. Therefore, while the proposed office development will generate an increase in traffic, it will not reach the fifty (50) peak hour trip threshold that would necessitate a Traffic Impact Analysis Report (TIAR). 18. Water: According to the Department of Water Supply (DWS), County water is available from an existing 12 -inch waterline fronting the property within Komohana Street that is - adequate to'provide the required 2,000 -gallons per minute fire flow for fire protection per DWS standards. Condition B of the subject ordinance required the applicant to submit anticipated maximum daily water usage calculations to DWS within 180 days of the effective date of the ordinance, however the applicant did not comply with that -4- timeframe. In anticipation of submittal of the ordinance amendment application, the applicant completed water demand calculations and submitted them to DWS for review. Based on the calculations, the proposed project will need a total of 1,835 gallons per day (gpd), or four (4) additional units of water. According to -DWS, the applicant would be required to request a water commitment for the additional units of water and pay the necessary water commitment deposit. The applicant will also have to cut and plug the existing 1 -inch service lateral, install a 1 1/2 -inch service lateral and a 1 -inch meter (in lieu of the existing 5/8 -inch meter serving the property), install a fire hydrant within 150 feet of the subject property, install a reduced pressure type backflow assembly within five (5) feet of the water meter and remit the remainder of the facilities charges for the additional service. Q 19. . Wastewater: The property is currently not serviced by the County sewer system. Wastewater will be disposed by an individual wastewater system meeting the requirements of the Department of Health. 20. Solid Waste: There are no municipal waste collection services in the County. Condition M of the subject ordinance required the applicant to submit a Solid Waste Management Plan for approval by the Department of Environmental Management (DEM) prior to issuance of Final Plan Approval. DEM approved the applicant's � Solid Waste Management Plan on April 18, 2011. 21. Utilities and Services: All essential utilities and services are available to the site. AGENCIES' COMMENTS 22. Department -of Water Supply: (P.D. Exhibit 2— June 8, 2020 letter) AGENCIES - NO COMMENT/CONCERN 23. Department of Environmental Management, Police Department and Fire Department. AGENCIES - NO RESPONSE 24. Department of Public Works — Engineering Division, Department of Public Works — Building Division, Fire Department, State Department of Health, and State Department of Land and Natural Resources. PUBLIC COMMENTS 25. None as of this writing. -5- TO WHOM IT MAY CONCERN: Please be informed that as landowner of property identified by TMK: 2-3-037: 019, we have no objections to and consent to the request to amend Ordinance 1019 by extending the construction timetable and related amendments, as represented by our planning consultant, Sidney M. Fuke. SW Enterprise LLC 101 AUPUNI ST., STE 238 Hilo, Hawai'i 96720 BRIAWSUGAI, MANAGING MEMBER (Date) NA- �WAN -SUGAI, MANAGING MEMBER (pate) COUNI-Y OF I Parcel Information Parcel Number 230370190000 Market Location Address 293 KOMOHANA STREET Building Project Name Ponahawai Value Property Class AGRICULTURAL $0 Neighborhood Code 2337-5 Acreage Legal Information LOT 13-A-1 43560 SF DES POR RP GR 252 1 Land Area (acres) 1.0000 Description Land Area (approximate sq ft) 43,560 Document Type View Ma�3 $165,000 48280430. Plat (TMK) maps Warranty Deed 03/21/2013 Owner Information Warranty Deed Owner Names Mailing Address SW ENTERPRISE LLC Fee Owner SW ENTERPRISE. LLC 833 KUKUAU ST $0 r H ILO HI 96720 6054 Assessment Information Market Land Year Property Class Value 2020 AGRICULTURAL $206,300 Land Information Property Class AGRI CU LTU RAL Shaw Historical Assesst3:enrs Assessed Market Assessed Dedicated Land Building Building Use Value Value Value Value $0 $206,300 $0 $0 Square Footage Acreage 43,560 Sale Date 1 Permit Information Date Permit Number 11/7/2011 62011-0940K Bldg Division Permit and Inspections Information Reason Total Total Total Total Market Assessed Exemption Taxable Value Value Value Value $206,300 $206,300 $0 $206,300 Agricultural Use Indicator Permit Amount $1,500,000 Permit Permit Permit Permit Estimated Inspection Inspection Permit Date Type Number Reason Permit Description Cost Date Status Status 11/7/2011 Building 52011- New NEW 2 STORY OFFICE BUILDING SHELL AND TENANT $1,500,000 VOID 0940K IMPROVEMENT.ON LOWER LEVEL FOR DR. SUGAI MEDICAL OFFICE AND TENANT IMPROVEMENT ON UPPER LEVEL FOR DR. SUGAI APARTMENT. LOWER LEVEL WITH MENIWOMEN BATHROOM, ELEVATOR, ELECTRICAL EQUIPMENTROOM,EXfERiORSTAIR TO UPPERLEVEE_ UPPER LEVEL WITH ELEVATOR AND STAIRWAY. As a courtesy to the public, we provide building permit data as supplied by the Department of Public Works. As such, no warranties, expressed or implied, are provided for the data herein, its use or its interpretation, and accuracy. Sales Information Land Court Sale Instrument Instrument Instrument Date Document Cert Conveyance Sale Date Amount # Type Description Recorded Number # Book/Page Tax Document Type 03/04/2013 $165,000 48280430. FEE Warranty Deed 03/21/2013 165 Warranty Deed CONVEYANCE 10/15/2008 $0 08-161199 FEE Warranty Deed 10/20/2008 0 Warranty Deed CONVEYANCE 04/18/2008 $0 08-063714 A/S ON FEE Amendment 04/23/2008 0 Amendment agreement of agreement of sale or subs sale or subs 04/17/2008 $145,000 08-063715 FEE Warranty Deed 04/23/2008 145 Warranty Deed CONVEYANCE 03/03/2008 $0 OTHER Mapping 03/03/2008 Mapping Change Change Historical Tax Information Land Court Sale Instrument Instrument Instrument Date Document Cert Conveyance Sale Date Amount # Type Description Recorded Number # Book/Page Tax Document Type 02/07/2003 $78,000 03-27565 A/S ON FEE Agreement of 02/14/2003 78 Agreement of sale (Fee or $1,542.75 sale (Fee or $0.00 $0.00 $0.00 $0.00 Lease) Lease) 03/27/2002 $0 0'2-079772 FEE Warranty Deed 05/07/2002 Warranty Deed Tax CONVEYANCE Payments/Credits I Penalty Interest 01117/2002 $0 OTHER Mapping Mapping Period Change Change 04/03/2001 $0 Mapping Mapping Beginning $771.38 $0.00 ` $0.00 Change Change Historical Tax Information Payments Amount Year Tax and Credits Penalty Interest Other Due O 2019 $1,542.75 ($1,542.75) $0.00 $0.00 $0.00 $0.00 2019 Tax Details Tax Description` Tax Payments/Credits I Penalty Interest Other Period 2019-1 Beginning $771.38 $0.00 ` $0.00 $0.00$0.00 Tax 2019-1 Payment $0.00 ($771.38) ( $0.00 $0.00 $0.00 2019-2 Beginning $771.37 $0.001 $0.00 I $0.00 $0.00 Tax 2019-2 I Payment $0.00 ($771.37)1 $0.001 $0.00 $0.00 Totals: $1,542.75 ($1,542.75) $0.00 $0.00 $0.00 2019 Tau Payments Payment Sequence Effective Date Tax I Penalty Interest I Other' 4582379 08/02/2019 ($771.38) $0.00 $0.00 $0.00 4732260 02/21/2020 ($771.37) 1 $0.00 $0.00 $0.00 Totals: ($1,542.75) $0.00 $0.00 $0.00 O 2018 $1,542.75 ($1,542.75) $0.00 $0.00 $0.00 $0.00 2017 $1,542.75 ($1,542.75) $0.00 $0.00 $0.00 $0.00 8 2016 $1,526.25 ($1,526.25) $0.00 $0.00 $0.00 $0.00 p 2015 $1,526.25 ($1,526.25) $0.00 $0.00 $0.00 $0.00 [j 2014 $1,526.25 ($1,526.25) $0.00 $0.00 $0,00 $0.00 9) 2013 $1,526.25 ($1,526.25) $0.00 $0.00 $0.00 $0.00 Q 2012 $1,377.75 ($1,377.75) $0.00 $0.00 $0.00 $0.00 ED 2011 $1,377.75 ($1,377.75) $0.00 $0.00 $0.00 $0.00 p 2010 $1,377.75 ($1,377.75) ($68.89) ($7,58) $0.00 $0.00 p 2009 $1,377.75 ($1,377.75) $0.00 $0,00 $0.00 $0.00 O 008 $1,970.60 ($1,970.60) ($98.53) ($21.68) $0.00 $0.00 p 2007 $1,970.60 ($1,970.60) ($98.92) ($21.77) $0.00 $0.00 E 2006 $1,970.60 ($1,970.60) $0.00 $0,00 $0.00 $0.00 O+ 2005 $1,930.60 ($1,930.60) $0.00 $0.00 $0.00 $0.00 © 2004 $1,151.47 ($1,151.47) $0.00 $0,00 $0.00 $0.00 03 2003 $1,177.08 ($1,177.08) $0.00 $0.00 $0.00 $0.00 El 2002 $1,252.92 ($1,252.92) $0.00 $0.00 $0.00 $0.00 Real Propetyy Too Office Parcel Results 24 Results Parcel ID t owner PropertyAddress : Map 230370010000 PWAILANI DEVELOPMENT LLC Map 230370060000 PKBXTREME HILO LLC 279 KOMOHANA STREET M2P 230370180000 JDKUALOARANCH,INC Map 230370190000 ASW ENTERPRISE LLC 293 KOMOHANA STREET Map 23037020.0000 COUNTY OF HAWAII Map 230370220000 A HIGAJON G H 283 KOMOHANA STREET Map HIGA,LAURIEA 230430050000 PYOUNGVERNAHL Map BENTO,RONALD K BENTO,BARNETTE ? BENTO,LEIGH A BENTO,MICHAEL G BENTO,STANLEY JR BENTO,CAROL L BENTO,BARNETTE BENTO,LEIGH A BENTO,MICHAEL G BENTO,STANLEY JR YOUNG VERNA H L ETAL 230430180000 P KAHAI,TROY JOSHUA 333 MANELE LANE Map KAHAI,KATHLEEN MISHIMA Ej 230440190000 RWAILANI DEVELOPMENT LLC Map 230480150000 RHERODIAS,ROBERTJ 353 HUALI PLACE Map HERODIAS,JULIETTE H KY 230480160000 PSMALLWOOD,SUPAPORN 334 HUALI WAY Map M. 230480170000 P DE LUZ,FRANK III FAMILY LIMITED PARTSHP 332 HUALI WAY Ma DE LUZ,BRANDON B ASENCICKJOS£PH J 230480180000 PDELUZ,FRANKIII 330 HUALI WAY Map t_. a L..� DE LUZ,BRENDA L 230480190000 PENGELHARDPGTRST 324 HUALI WAY map LA 230480200000 A BECKTEL,KENNETH J CTRST 320 HUALI WAY Map 230480210000 NAKAGAWA,ELLEN TRST 319 HUALI WAY Map 230480220000 PNAKAGAWACOLINTRST 321HUALIWAY Map 230480230000 aABRIL,NANCY H TR 323 HUALI WAY Map 230480240000 AMCATEE,AMANDANAOMI 335 HUALI WAY Map 230480250000 PYOSHiDA,JAMES MASAO 373 HUALI PLACE Map YOSHIDA,MERLE MASAE NISHIDA 230500110000 PATAO,BENJAMIN VENTURA 3310HUKEASTREET Map FEROLI NOARLENE SORIANO 2 230500120000 WOO,FRANCIS H/GENEVIEVE P FAMILY TRST 327OHUKEA STREET Ma 230500140000 HUITT,HADLEY HENRY 3250HUKEASTREET Map 230500770000 COUNTY OF HAWAII 3270HUKEASTREET Map 230370010000 WAILANI DEVELOPMENT LLC 670 PONAHAWAI ST STE 214 HILO HI 96720 7830 230370190000 SW ENTERPRISE LLC 833 KUKUAU ST HILO HI 96720 6054 230430050000 YOUNG,VERNA H L ETAL GO YOUNG,KENNETH C PO BOX 224 HAKALAU HI 96710 0224 230440100 WAILANI DEVELOPMENT LLC 670 PONAFIAWAI ST STE 214 HILO HI 96720 7830 . 230480170000 DE LUZ, BRANDON B 332 HUALI WAY , HILO HI 96720 2616 230480190000 ENGELHARD, P G TRST 324 HUALI WAY HILO HI 96720 2616 230480220000 NAKAGAWA,COLIN TRST 1790 KALANIANAOLE AVE HILO HI 96720 4916 230480250000 YOSHIDA,JAMES MASAO PO BOX 5371 HILO HI 96720 8377 230500140000 HUITT, HADLEY HENRY 325 OHUKEA ST HILO HI 96720 6010 230370060000 KBXTREME HILO LLC 75-5591 PALANI RD STE 3008 KAILUA KONA HI 96740 3633 -- 230370220000 HIGA,JON G H 283 KOMOHANA ST HILO HI 96720 6039 230430050000 YOUNG,VERNA H L PO BOX 224 HAKALAU HI 96710 0224 230480150000 HERODIAS,ROBERTJ RYM TAlkg ■ Iu•�` 230370180000 KUALOA RANCH, .O CO ;! 23043018 KAHAI,TROY JOSHUA 333 MANELE LN HILO HI 96720 2627 230480160000 4 HUALANI WAY HILO Hl 96720 0000 230480170000 230480180000 DE LU2; FRANK III FAMILY LIMITED PART DE LUZ, FRANK III PO BOX 312 330 HUALI WAY PAAUILO HI 96776 0312 HILO HI 96720 2616 230480200000 230480210000 BECKTEL, KENNETH J C TRST NAKAGAWA,ELLEN TRST 320 HUALI WAY 1180 MILILANI- ST HILO HI 96720 2616 HILO HI 96720 5050 230480230000 23048024000 - ABRIL,NANCY H TR MCATEE,AMANDA NAOMI 323 HUALI ST 335 HUALI WAY HILO HI 96720 2616 HILO HI 96720 2616 230500110000 230500120000 PATAO, BENJAMIN VENTURA WOO, FRANCIS H(GENEVIEVE P FAMILY 331 OHUKEA ST PO BOX44376 HILO HI 96720 6010 KAMUELA HI 96743 4376 REZONING (ORDINANCE NO. 1019) TIME EXTENSION REQUEST DR. BRIAN SUGAI PONAHAWAI, SOUTH HILO, HAWAFI, TMK: 2-3-037:019 1. NATURE OF REQUEST The Applicant, Dr. Brian Sugai, applied for and secured a zoning change of the subject property to allow the development of an approximately 20,000 square -foot, 2 - story office and residential structure. When completed, the Applicant plans to relocate his medical practice to the subject site, while providing office space for rent or lease by others. Space for a possible residence within the structure is also being contemplated. There is also a 20,000+ square foot area for another building on the subject site. The rezoning ordinance, Ordinance No. 10 19, which became effective on March 18, 2010; was approved subject to a number of performance conditions. (Exhibit A) Specifically, Condition D required completion of the project within five (5) years from the effective date of the subject ordinance. Condition T also authorized the Planning Director, upon request, to grant an additional five (5) years or March 18, 2015, to complete the project. While considerable land use and construction -related entitlements were secured within the five- (5) year window, no significant physical construction activity on the site occurred until this year. Understandably, even with an administrative extension to March 20, 2020, a time extension would still be required, as the project is not completed.. That renders the status of the CN -20 zoning in "limbo" and, in turn, potentially jeopardizes occupancy of the structure. As such, the Applicant is requesting a rive (5) year time extension from the effective date of this amendment to complete the project, with the possibility of an administrative extension. Concurrently, the Applicant is seeking approval of the administrative extension, retroactive from March 18, 2015 to March 18, 2020. Hence, the 5 -year time extension request would begin from 2020 instead of 2015. II. PR4JECT LOCATION The subject parcel consists of 43,560 square feet. It is located in the Ponahawai area of the City of Hilo. More specifically, it is situated on the east or makai side of Komohana Street, immediately north or Hamakua side of the Alenaio drainage channel. The site is also approximately 700 feet south or Puna -side of the Komohana Street-Ponahawai Street intersection and approximately 300 feet north or Hamakua- side) of Huali Place. (Figure 1) III. PROPOSED DEVELOPMENT AND STATUS As noted earlier, the Applicant planned to construct a single 20,000+/- square foot, 2 -story office building to accommodate his medical office as well as provide office space for rent or lease. An area for a residence within the structure is also being contemplated, as well as an area for a future building. Due to cost considerations, the Applicant decided to reduce the size of the structure. Along those lines, Final Plan Approval was approved by the Planning Director on June 8, 2011 for an 8,900+ square foot, 2 -story structure with 36 parking stalls, two (2) of which were ADA accessible. (Exhibit B). Although a building permit was subsequently issued on November 7, 2011 (Exhibit C), due to cost considerations and with the economy just coming off a recession, construction was delayed and that plans were aborted., The Applicant subsequently submitted revised plans. (Exhibit D) Although approved (A2013-BH00420) by the Building Department on August 5, 2014, issuance has being withheld pending identification of a contractor and payment of the required fee. Concurrently with the processing of the building permit of the revised plans, a site work grading permit was issued on December 15, 2014 (Exhibit E) While some site work occurred shortly,thereafter, misunderstandings occurred between the Applicant and the then contractor, resulting in a lengthy litigation. Understandably, construction was suspended during this time, and the building permit was never issued. However, with the litigation behind, the Applicant retained another site contractor. A new grading permit was issued on October 18, 2019 (Exhibit F) and work commenced. The Applicant hopes that with the approval of the time extension, the building permit can be finalized and work on the vertical and commence shortly thereafter. The goal is to have the project completed within 24 months of final approval of the extension request or no later than the early part of 2022. IV. REZONING CONDITIONS As noted earlier, the subject area was initially rezoned into the CN -20 district on March 18, 2010; subject to a number of conditions. (Exhibit A) The pertinent conditions and their status follow: A. The applicant, its successors or assigns, shall be responsiblefor complying with all of the stated conditions of approval. The Applicant intends to develop and comply with all pertinent conditions and any amendments thereto of this rezoning ordinance. B. Prior to the issuance of a water commitment by the Department of Water Supply; the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a daily water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within one hundred and eighty (180) days from the effective date of this ordinance. This has already been addressed and accommodated, enabling the issuance of the initial building permit for the project. C. The applicant shall install a reduced pressure type of backflow prevention assembly within five (5) feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply. This is reflected in the construction plans for the pending building permit. This will be completed prior to the issuance of an occupancy permit for the building. D. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director.... Plans shall identify structures, fire protection measures, paved access and loading zones. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise and visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). As noted above, Final Plan Approval was issued on June 8, 2011 (Exhibit B) and the corresponding building permit issued on November 7, 2011 (Exhibit Q. However, while only limited site work was done, construction of the structure has not commenced. As such, the Applicant is requesting a 5 -year time extension from the effective date of the amendment to complete the structure. E. Development of the property shall be designed and constructed in away to minimize obstruction of the scenic views ofHilo Bay and the Puna shoreline from Komohana Street. This has been addressed in conjunction with the review and ultimate approval of the plans via the Plan Approval process. F. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide full improvements to the property's frontage along Komohana Street consisting of, but not limited to, pavement widening with curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. 3 The civil construction plans reflect these improvements fronting Komohana Street. (Exhibit G) These will be completed prior to issuance of the Certificate of Occupancy. G. Access shall be through Road and Utility Easement RU -I1 at Komohana Street and shall be limited to right -turn in and right -turn out movements only. The access connection to Komohana Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. Prior to the issuance of a Certificate of Occupancy, the applicant shall install "no left -turn" sign(s) and a triangular-shaped raised concrete barrier at the property access to prevent left -turns into and out of the access driveway. All improvements shall meet with the approval of the Department of Public Works. This restriction is reflected in the approved civil construction plans for the project. (See Exhibit G) The required improvements will be completed prior to issuance of the Certificate of Occupancy. H. Should the, applicant submit plans to develop a land use beyond what is proposed in the application, which the Planning Department in consultation with the Department of Public Works determines will generate over 50 peak hour trips, a Trak .Impact Analysis Report (MR) shall be submitted for review and approval by the Department of Public Forks prior to Final Plan Approval. The applicant shall implement when required by the Department of Public Works, at no cost to the County, any transportation improvements deemed necessary by the Department of Public Works. It was determined that no TIAR was needed and hence, Final Plan Approval was issued. (See Exhibit B) Should a revised or a new Plan Approval be required for any additional structure or improvements to the already approved one, the -Applicant will comply accordingly. I. Streetlights and traffic control devices, as may be required by the Trak Division, Department of Public Works, shall be installed by the applicant. These are reflected in the approved civil construction plans associated with the pending building permit plans. The applicant will make those improvements prior to issuance of the Certificate of Occupancy. J. The applicant shall install wastewater disposal system(s) meeting with the requirements of the Department of Health prior to the issuance of a Certificate of Occupancy. Like the streetlights and traffic controls, the system is reflected in the pending building permit plans. The plans reflect the use of a septic system. The Applicant will complete the approved system before the Certificate of Occupancy is applied for. 4 K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to Plan Approval. The plan was approved on April 18, 2011. Please refer to the approved Plan Approval (Exhibit B). L. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. Appropriate plans were prepared, submitted, and approved in conjunction with both the Plan Approval and building permit processes. The required drainage system to accommodate project -generated water will be contained on-site probably through a system of drywell(s) and will be completed prior to issuance of an occupancy permit for the project. M. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code_ This has and will continue to be complied during the construction phase of the project, consistent with the approved grading permit (Exhibit F) N. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department o f Health, which requires a NPDES permit for certain construction activity. This will be complied with during the construction phase of the project. O. Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. This requirement will be adhered to by the Applicant and its contractors. P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office 5 of Housing and Community Development prior to final plan approval or final subdivision approval for any residential structures. The Applicant will comply with this requirement should the project reach the affordable housing'requirement threshold of five (5) or more units. At this point, the Applicant is proposing only one (1) residential unit, which is below the threshold. Q. If the applicant, successors, or assigns develops residential units on the subject property, the applicant shall make its fair share contribution to mitigate -the potential regional impacts of the project with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The. fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on a percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a maximum combined value of $7,698. 11 per multiple family residential unit ($11,996 63 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... . In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste, disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultations with the appropriate agencies and approval of the County Council. - Based on the approved Plan Approval, the Applicant is proposing only one (1) residential unit. Since the first unit is exempt, the fair share requirement was not imposed. In the event additional units are proposed, the Applicant understands that they will be subject to this requirement. R. Should the Council adopt a Unified Impact Fee Ordinance... conditions included herein shall be credit towards the requirements of the Unified Impact Fees Ordinance. This is not applicable, inasmuch as such an ordinance has not been passed as of this date. S. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. D This has and will continue to be complied with by the Applicant and/or its successors or assigns. T. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of *the time extension would not be contrary to the General Flan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time. extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). S. If the applicant should require an additional extension of time, the Planning Director -shall submit the applicant's request to the County Council for appropriate action. Although the Plan Approval and building permit were approved and limited site work was done within the 5 -year window, the Applicant regrettably did not apply for the additional 5 -yeas administrative extension. Further, even if such an extension were granted, the project completion would still not have met the March 2020 deadline. As such, the Applicant is requesting a 5 -year administrative extension, retroactive to March 2015 to March 2020 and concurrently, a rezoning time extension of 5 -years, with the prospects of an additional administrative extension. V. JUSTIFICATION OF REQUEST Condition T of the rezoning ordinance (Ordinance No. 107 19) outlined three (3) circumstances whereby the Planning Director could consider an initial time extension request. These circumstances presumably also apply to an extension to be considered by the County Council, with the recommendations of the Planning Director and the Windward Planning Commission. As such, these circumstances and their justification follow. A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. 7 The applicant had retained the services of appropriate design professionals, and construction plans were developed shortly after the rezoning was approved. These included.plans for Plan Approval, Building Permit, and Grading Permit. However, the heavy demands of the Applicant's medical practice precluded a more focused attention to this project, resulting in having misunderstandings with the initial contractor and a subsequent lengthy litigation. Concurrently, the Applicant also had to find ways to refinance the project. This came at a time when Hawaii and the rest of the world were trying to recover from -a major economic global meltdown and the financial crisis that began in 2008. This added to the difficulty in securing the timely refinancing of the project after expiration of the first 5 -year construction window. Undaunted, however, the Applicant started to redesign the project with a new architect and work with a different contractor to arrive -at a cost within its budget. The revised plans have been approved by the County, and its building permit is being withheld pending identification of a contractor and payment of the filing fee.. This will be done immediately upon approval of the rezoning time extension. During the interim, the Applicant has authorized the contractor to do only the limited site work. It is thus self-evident that the Applicant intends to do the project and hopefully have it completed within the requested 5 -year window. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was rezoned, there has not been any , significant land use regulatory change in this area. The Hilo Community Development Plan has not been updated, and thus, the only relevant planning policy document still rests with the County General Plan. The proposed request is still not contrary to the General Plan's Land Use Pattern Allocation Guide (LUPAG) Map that defines the subject property and its immediately surrounding area for Medium Density Urban uses. The most recent revisions to the General Plan (February 2005) did not make any changes affecting the subject site. The current designation on the LUPAG map is the same as when the subject property was initially zoned CN -20. There are a number of commercially -zoned and related uses proximate to the subject site. Most notably, the proposed Wailani Project is situated west or mauka of the subject site, while the Ka Waena Lapa'au Medical complex is located at the intersection of Ponahawai Street and Komohana Street. Along Ponahawai Street and less than five hundred (500) feet away, there is a new medical office and physical therapy office. H Concurrently, it would be consistent with the following pertinent provisions of the General Plan Policies: 1. Economic Element Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. s The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Discussion The request would provide opportunities for a small medical office building to establish itself in an area that is already serviced by a good transportation system. Relatedly, all required infrastructure is there or, if not and/or needed, will be provided by the Applicant without taxing government's servicing ability. Further, the area is located proximate to residential, commercial, and business areas, making the site accessible to these uses. Further, because of the types of use (medical and general office) and its small -scaled 0 nature, the requested project should be consistent with the evolving land use pattern in this area, while making it convenient for the region and surrounding neighborhoods. 2. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments. Standards • Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments, shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. 10 ® Preference shall be given to commercial lands with a reasonably level topography. Discussion As the City of Hilo and its surrounding area continue to grow, there will be a need for more office space. However, not all office uses need to be in large structures. Smaller structures in areas of transition — such as here — would be appropriate. From a visual'and infrastructure perspective, the proposed project would not overwhelm the surrounding area. The subject site also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure, and where there are not, will be extended and/or provided by the Applicant. The County water_ line is already available to the subject site. Police and fire protective services are available within a 5 -minute response time. As such, this project should not require addition public services to be provided. The site does not have any on-site development constraints. The land is relatively level and is designated "X" on the FIRM map, with a small portion "AE". No improvements are anticipated within the AE area. Further, because office use is not noxious, potential pollution concerns would be minimal, if at all. Being cleared in the past for some agricultural activities in the past, the prospect of the site serving as a habitat for rare or endangered plant or animal life appear remote. There is also little evidence that the site would have any archaeolog_cal feature. In conjunction with the issuance of the grading permit, the State Historic Preservation Division concluded that no historic properties will be affected by this grading permit." Because of the proposed scale and type of use, the request would be generally compatible with some residential uses to its south, yet compatible with the proposed and existing commercial uses situated west and north of the subject property. To further mitigate potential visual and noise impact, landscaping will be provided within and along the property's boundaries. Finally, the standards for an office building will be fulfilled. These include the acreage, setbacks, uses, parking, etc. C. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 11 The reasons for approving the rezoning of this site were articulated in the Planning Commission's recommendation to the County Council (Exhibit H). The reasons, in summary, and their relationship to the present, included: ® Consistency with the County General Plan LUPAG map and Goals and Policies. Furtherance of the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase occupational choices. This is still a goal of the County. Site's. positive physical and locational attributes which meet the commercial needs in the context of the medium density designation of the. County General Plan. This is still applicable today, as there have not been any amendments to the General Plan. o Availability or provision by the Applicant Of all essential utilities and services. The discussion relates to the improvements to the roadway right-of-way, wastewater system, and the like. Site not having any resource issues, such as archaeological, drainage, botanical, or avifaunal. It is thus maintained that the reasons used to support the existing CN -20 zoning still apply to the requested time extension. It should be noted, however, that since the CN -20 zoning was approved in 2010, the only substantive change to the Zoning Code was the adoption of the concurrency provision, Section 25-2-46 and its amendment in 2011. Specifically, it requires that all rezoning, including time extension, address traffic, potable water, and civil defense siren concerns. Relative to traffic, the concurrency provision requires a Traffic Impact Analysis Report ("TM") if more'than fifty (50) trips are generated by a project during the peak hours. In this situation, the proposed office use for the 9,000+/- .square foot 2 -story structure would generate less turning movements than a retail shop. According to the Institute of Traffic Engineering manual (the manual used by traffic engineers in preparing Traffic Impact Analysis Report), the AM/PM trip generation for, office use is 1.49 trips per 1,000 square feet. Thus, for a maximum 9,000 square foot office building, the projected movements would be no more than fourteen (14) movements. Thus, the projected use does not reach the TZAR "threshold". County water for the project is still available from the 14 -inch line fronting Komohana Street. That is adequate to address the fire flow requirements. 12 Further, there is a civil defense siren less than five hundred (500) feet from the subject site. As such, approval of this request should not be incongruous with the concurrency provision of the Zoning Code. I 13 COUNTY AWAI'l 171: ORDINANCE NO-. 'STATE OF MANA141 BILA G: 196 AN ORDINANCE AMENDING SECTION 25.4-33,(CITY OFHILO ZONE MAk-P)',, OD f C k' -,1N' (.7 E. 19 ART-10.-F-i 18 �C 5 HAP'TER 22 tZONING CODE,) OF THE.HA TAI DIS . 1 FROM ('2005 - tIIT IONT), BY it [I R. T -'.0 M Acaicuuu'R.At, —ONE ACRE(A7-1a) TO NEIGIYBORHOOD COM ERCIAL SQUARE FEET {CN,21% N,21% AT PONAHAWAI, S01JTH Hll_.O, -HAWAI'l, -00-Vt-k.ED 13-YrAX MAP KEY.- 2,34)37--019. BE IT ORDAINED BY —IHE COUNCIL 01, 'THE C01JNTY OF HA.W."All. SECTION 1. Section 25-8-33. Article 8, C-Apter 25 (75pning.q.o.de), Coutity -CQk 1983:2,00.5 Edition),, is a iiendeO to change the distript (1a catLomof -pro ... .peit desmbedherefflafter.. as follows: The district classification of III%- followmg area situated at Poqahawai. South Hilo, ffaxvai'i. shall be Neighborhood Co.fimiervial 24,000 squafe feet (CN -201'..).: Begiqnimy:atowpoint at the southe.-ast comer -of this parc-cl:.of 1xid bgJ4 ;J p south.Cst w. coniorof Lot 13 -Band -at the. easterlyside`of KomobanaStroxbt; ,inning referred to. (3-overnmeiii !Sit nwey Tmngtl 4 on.. St.- 0iow"HALAI"being' 1,995;29 -feet South and 1210. 78. feet east: and.- rumung.. by azimuths. pi-,easqr 0-.1:'p wise frons AM& South: along the casterly sid-e*of Komoh ija Strect. Edong.. a curve - to the •rigbt having a radius of 2,960.00 feet, the chord a7:irhLlth and distance being - 1 159' 31" 'A 1, 144.18 Feet-, 2. 249 08' 264.20 3. 3350 03" 1.69.95 Feet along Lo 13--A-21; fcct aloig Lot. 13-A=2; to, a in flit middle of Ale'.naio, Stream; E,WIBITA 4 45 127' 85;73 feet nlon,., -_ middtc of Alena.io-Stmim. bcing also Lot 20, Komobana. Heights Subdivision;' 5. 35y 27 59.36 feet along Lot. 13-B. 6 706 54" i i _ felt albnj LEA 13-3 to theiptAnt. -of be a�tiag and containing an area of 43,364 square feet. All as- shown on the map attached hereto,. n-aai-ked `` xhibit "A" and ' by reference made a -part hereof. SECTION 3: In accordance with Section 25-2-4-4. H�NVai'i Coy.Code 1983 Edition), the C6unty-C°6aaneil finds the follox'Ving conditions are: i NecessaT to prevent eir.curnstaway ay be adverse to�the��public-health, safety and welfare or (1) Reasonably onceived to fulfill needs dimetly.crnamiifing fr6m the land:use proposed Nvith respcet to - (A) Protection of the pdblie From the 'potcni.aally &Jeta effects of the proposed use, or (R) FulfilIment of the need for public, sen ice dern.ands crQatcd by the proposed use. A The applicant(s): succ=essors ©r assi st shall be responsible for co 1• -tti '.%vfth Al of the :stag conditions of approval. Prior to the issuance of a vmater comma went by the Depwiment of gates Suppty, the applicant shall submit the anticipated maximum dmly eater usage, cak-ulations as recommended by a a -e istered engin er. and a-ammr commitment ent deposit in=aceorda c )Nita the "Water Commitnim Guidelines Polar T " to the Department of Water Supply withaft 1.80.daays from the effective date of this ordinance: `nie. appiicapt shAll install a reduced pressure: typL haCUK IO �7 prevellbon ass��r€thly ��_������� °,j feet oft water tncter on private property. Which tt.u5t'e ectcdand- approveded by the Departinent of Wafer apply. D Construction of The proposed improveanents si ll he comps ted. Within five (:55) yem from the effective date of this ordinances This tipie period shall include sec ng F d ;Plan Appm. val frons the. Planting Director in ac rdance 'vv th Smtion.2-5-2-701 Chapter 25 (Zoning Code), HaN�aa`i County Code. Plans.shaU idcntcfg- ail -proposed str turc(sl, firs prdtection-mcasures, paved driveway access, parking stalls and leading zones. Landscaping -shall he indicated on the plans for the purpose of miligating any, potential adverse noise or -Asual tnipacts to adjoining parcels. Landsca Y AWI bprovided in accordance witl the rc q ire ents�:of Plan'ing Depantmcnfs Rul€ -N`ti. 17 ,(L caping Requirements). F. Development 6f the property shall he designed .arid constructed in. a way -to n7 nimize obstruction of tht; scenic Vieurs of lido Bay and the Pwia:shortAinl ;. fh), m Koniohana street. F. Prior to the issuance of a Certificate ofOccupancy,. the bloc -ant, slial.l provide fitll improvernents.to the property's frontage along Komohana Strect consisting of, Nit not limited to,, paverncm widening with concrete curb, gutter and sidev..=all;, drainage nnprovemnts. and -any required € fIltty mlocat on, meeting with the approval of the Depadment of Public Works. G Access shall be through Road and Utj fity FvenZctt RU- .11 at Kornohana Street and. shalI he limited to right-ftin and rqg t -tai out .movements only. The access + onnoction to l enw ana Street shall .conform to Chapter 22 kion-ty Streets) of the Hale-ai`I County loge. Pnor to the cssuanct of a CeTtit'ccatc of Occuganvyt the: applicant. shall: enstatl "no Icil-turn" sigp(s):and a triangular-shapeil r'ais�d concrete harrier at the props :access to -3- prcnv vt letl�turns into and otit of the access drivewray. All iniprovenients�shall meet will's the approi-al of the D-epartment of Public Works. H. Should ttfe applic-ant sub -mit ptans to develop a land use: be'yond what :is pi-oposed iii the application, which the Planning Department in consultation with the Dpp= inont of Public Works detern-.inns will goner -ate over 50 peak- houlf ttips,.a1'ri€h'c Impilct Analysis Report, (TIAR). shall be subri€i.tted for review- and approval by thu Dcpimm-ent of Public Works prior -to Final Plan. Approval. The a�pl€cant shah i plc�c�t ��h�€� r tt€r�--d-by the Department of Public Waks_ at no cost. to the County, any transportation improvements &erred. ncz-cssary by the Department of Public. Works. E. Streethgyhts. mid traffic control devices, as ntay be reqs€imd by the Traffic DiAsio-n,. Departnient of Public Forks, slyall be instal -led by the applicant. �. The appficgnt shall install wastewalcr"iisposal. systern(sl"inecting.with the; requirments of the Department of Health prior to the issuan= of a Certificate of Ozeupancy. is A Solid ' aste-Manage xient Plain s gall be submitted .to 4be D' portiieitf Of � ti��ri�o€i'tifc Mal Manag'Mem ent for review and appwval prior to Final Plwi .Approval. I- All devcloprnent-gencrated runoff shall be disposed ofon-site .an- d -shall .not be directed toward any adjacent, properties. A-draii)age study :shat i .be prepared pd . ,%u�initt-ed io ibe- DepartMent ot'Pubfie Works.pnor to the €ssuance of f�ina:l Pian Approval— Apy drain- age improve€n-e€ats, if required, shall be- constructed nice€.ing- ith the app;-ov-al--of til Department of Public Narks prior to the issuance of a Certificate of Owi€panty. M. All earthwork activity. stealI conform to Chapter 10. Erosion and.. &--di aeptation Control, of the T Tavv ai `i County Cods:. -4- N, Chapter I1-55, Water Pol luuon Control, I la'wai' i Adinini-strative Rules, Department of H.eqltll. which requires a NPDES peniiit fbrccrtalft C0i!SItUq.0>n..aCU.vitV_ 0. Shouldany rernains of historic sites, such as rock walls. terraces.: platforms,: manne shell concentrations or hunian burials be encouniered, work- M the Uftmediate arcas-hall and the DepWmbnt of Land and Natural Rewurces - Stato W§toric- Preservation Division (DLNR-SI4PD) .shalt be immediately iiofified. SubsequentWork- shall pr6ceedupon: an archae,ologic-Al,clearance from the DLNR-SH.PD when it finds teat Suffitei.e.n. t. niiiggation measures have been taken. To ensuee that the Goals and Policies of the Housi ng -Element. of the. General Plan are Implemented. the applicant shall comply with the rcquirc m.crw&of 'Chapter, 11, Article 1, Ha%yal`i.�C6unty Code relating ta'Affordable Housing Policy. This, requiretilent shall be approved by the Admillittrater of the Off -ice of Hoiis-inig,-and .Conin-lunit.Y-Develop.tiiciit prior to final- plan approval or final subdivision approval, for any. new residential, structutcs. If the, applica-nt., -succ. essors, or assign. q develops. residonii�altinitsbn.th-c��sitbjpct,.propertyr, tho applicant shall make their fair -share, contribution to MiLigate the ppiontial reg)OnAl impacts -of the property -w. i th respect to park -s- and rec-neation, fire; police...golld waste disposal facilities. and. roads. The fair share contribution shall beconie -due:and payable. prior to receiptorFin-al Plan Approval. The. fair share contribution for each lot shall be based on.theactual number of residential units &vcjopcd. The -.114, a forni -o f cash I and,- facilities or any combination . there. o -f shall -be Aeter m-ined- by the .C.7oun Council. -niefiirshare contribution i-naybc;adjuste-0-annivally-br ginnjuLp, three basad tit H-onolulu.C.onsum,er,Pr.ic.e.Iiide,,x(HCPI).. The fair share contnbutimi. shall have -a combined value of'S7,698.11 per multiple fancily residential unit (Sl .I,996'.63.-pcf singIc family residential unit). The total aniount shall be determined with the actuAl number of __5_ units accordintti to the calculation and pay€nctit pric-ivjsions set Furth in this condition. The. fair share contribution per maniple fimilly residential umt.(sikoo.. family residential unit) shall he ;MUoeated. as foilovvs= 1. $3,797.26 per multiple ranitly residcttUM utitt M-5,784,99 per sings e-fautily residential unit) to the County to. support park - and recre.ational improvenyems and facilities, ' .. $120;.01 per multiple family residential unit. ($279 7 per sitj& f =. tat: unit) to the -Courcy to support policy. facilitics; 3.& per t�ultiplc family residential unit (S...2 per single fa $369.17 unit)- W the County to support fire facilities; 4. $4 64.54 pct• rnu.ltipl� f icily residential mitt 09-241.32 per single fan ny reside ttial unit) to the County to support solid waste facilities!' end 5. $3,247.12 per multiple family resi&mial unit (.$5,.14(1.0.6 per shicAe family residential unit} to the County to support road and traffic improvements In hest of paying the fair share contribution, the applicant may ciontributeland and/or Wnst.rgd it tpro et tentslfacilittcs related to parks and recreattot% fire-, cc, solid waste disposal facilities and roads within the region imparted.lby thepi•oposed developm' ent; subjcet to the review and recommendation of the Planning Directs rti upon consulvation with the appropriate agencies and approval of the County Council €t • Should the Council adopt a :unified. Impact Fees Ordinance setting -forth cnteriafor impoS111:611 of exactions or the assessmcnt of impact fees; :t:€ ndi bh iitel:t d d. h€.r in' ,shall be�crcd ted t€Kwards the requirertien- is of the Unified. Impact Fees-Ordman. The app.ltcant..shall comply with allapplicable County, State wid Fed -c -r -al lags, ntics. real latio s mid. rcq:u€rements. -6- An initial extension offinic for the performanecof condittom., lwfthin- the ordimuice ma be 'Stances' anted kv the Pimining Director upon the circum I — The non-perfonlance is the result of conditions that could not have been foreseen or are beyond the control of the applicant,1") successors or assigns, and that are not the result of their fault or negligence. Granting g o Fthe time extension would not be contm� to the General Plan or Zoning Cod.e. 3 Granting of the time extension woutd not be contrary to the, origmal -reasons fdr the granfingg of the change of zone. 4. The time extension gwited shall bekit- a p&iod not to extened the period origimfly gTupted for perf6mvnce. (i.e-, a, condition to be perfqrmcd wahin One year may be extended for up to one additional ye'af). 5, lythe -applicant should require an additional extension of time, the Planning Ditector shall submit the apphcant'$ request to the CouWy Council .for apptopriate action. Should any. of the conditions not be net or subsw.vally wmpli�d with in'h toncly fa ion, the Planning IN'recter may initiate rczomng of the subject area: to its original or )-nore appropnate desi unation. SECTION 3. In the event that any ponion of1his ordiname is declared itivalid, such invalidity shall not affect the other parts of this ordinance. -7- M SFCTION 4. This ordinance- sball take effect upon as approval, INTRODUCED BY: COUNCIL MWBER, COUNTY OF HAWAII Hilo '.Ijawal't. Date,, -of tntrQ41LCtl0il: February 18, 2010 I st. kc ading: Flt,,bruai�v Datc,al - 18, 2010 Daw -of 2nd- Reading-, March 3, 2010 Effective Date: marcb 18, 2010 REFACE. C4VMI. 62-2 Im 150 AMENDMENT ('- AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAFTWI 25 (ZONING CODE) OF THE HAWAVI COUNTY CODE 1983 (zOO5 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -CANE ACRE (A-1 a) TO NEIGHBORHOOD COMMERCIAL - 20.000 SQUARE FEET (CN -20) AT PONAHAWAI, SOUTH HILO, HAWAVI MAP PREPARED BY: COUNTY OF HAWAA, PLANNING DEPARTMENT IMZ-3-37 19 DATE Ady :-0. '2009 EXHIBIT"A" f6mp T 5vigai Map 1271) Rb rte_ F A-14 Rai -5 5 A is A -1a A -1c Ar Pb 0 A -let LOT 13-A-1 AC;fWULTURj%L - I ArAM Wlat TO wBdM0Mt00V C0W&'RCM - 20.*W.$0UARF_FEET(Ci&28) 43,5W SO Fr A. -3a R5-7 5 P-5-7 5 L9a&_^9 ar tzo 75 9 �t A �LA R54 6 71 r Fb RS -7 5 RS -10 W+y7 5 RS -7 5 1 PS -75 .'R5_10 P'4- to P,5--.7 RS -75 75 5 os -75 0 s� iii R5,10 RS -7 FAM 150 AMENDMENT ('- AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAFTWI 25 (ZONING CODE) OF THE HAWAVI COUNTY CODE 1983 (zOO5 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -CANE ACRE (A-1 a) TO NEIGHBORHOOD COMMERCIAL - 20.000 SQUARE FEET (CN -20) AT PONAHAWAI, SOUTH HILO, HAWAVI MAP PREPARED BY: COUNTY OF HAWAA, PLANNING DEPARTMENT IMZ-3-37 19 DATE Ady :-0. '2009 EXHIBIT"A" f6mp T 5vigai Map 1271) OFFICE or-'ri iE COUNTY CLERK Count, k f`D Hilo. I law -m- 1 d V -,-da Februar_,V Ia, 2'0, AYES .1 .—NOESA B� A, -.-. - 4 C, , F e-bru. a ry 1 2_01 0 : i. A. - r.,eb_uFry 27, 21010 FklTd x On Is"h I x x Sr. md Rvading, Ni a r cin 3 , 2 01 ET 2010 Ma=h 18v 2010 ROL L. CAI L V01 F March 1.8, 2010 AV' ns, NOE-S ABS rx Published March 25v 2010 x RA.WRKS Ford x x Ombhi x / 1.)1) SEI EBI' CERM-T 113al dze_fE')regotpz;,, 1311-L was adopied bY the C'oumY Cf juncd published as indicaled above APPROVED AS TO F! AND LEG LITY: JUN. -11RAJ AA — 0; DgVuVy CORPORATIONICOUNSEL COUNTY OF HAWAH Alc-0t -LERK WTY( LE DateMMA2 12 2010 Bill No Ord No 10 JL9 A 1. 0 1 IR. c -o 11.4 It' .4 1 Wilham P. Kenol June 8, 2011 41111t i -I UGUMLY of Hawalai PUANING DEPARTMENT Aupu-ni Censa * 101 Pauahi Street Suite 3 o Hilo, Hawsi'i 96720 Plhorne__(908) 961-8288 s- Fax (808) 961-8742 Mr. Yen Wen Fang Engineering Partners, Inc. 455 E_ Lanikaula Street Hilo, 1-11 96720 SUBJECT-. 'FINAL PLAN APPROVAL (PLA -11-000734) Professional Office and Single Family Dwelling TMK-. 2-3-037:019t : Hawaili Dear Mr. Fang: BJ Leithead Todd Director Margaret K. Masunaga Depuo� We have reviewed the above-described plans for the Professional Building/Office and Single Family Dwelling pursuant to FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL for your files. Please be aware of the conditions of approval that are part of this FINAL PLAN- APPROVAL for the subject improvements_ These conditions, which are listed on page 2 of the 'FINAL PLAN APPROVAL document, must be complied with prior to the occupancy of the proposed Professional Building/Office and Single Fanifly Dwelling. Should you have any questions, please feel welcome to contact Larry Nakayama of this Department. Sincerely, /0V BJ LEITHEAD TODD Planning Director LHN: nci 0APIan Approvals\2TLA- 11 -WCi34SugaiTMK2-3-0--)1-019Lctter.doc Enclosure: PLA -11-0(0734 Fon-n.doc xC: Planning Commission Division (USE 46) ffawai'i Courzo- is an Eqj;al (�Wrturio, Provider oral Employer MIMIT APPLICANT: Engineering Partners, Inc. FINAL PLAN APPRO-VAL - (PLA -11-000734) DATE APPROVED: June 8, 2011 LOCATION: TAX MAP KEY: Komohana. Street; Ponahawai South Hilo, Hawai'i 2-3-037:019 PARCEL AREA / PROJECT SITE AREA: ZONING: 43,560 sq. ft. (I Acre) , Neighborbood Commercial — 20,000 S.F. (CN -20) PROPOSED U,SE: Professional Building/Single Family Residence As Shown on Plan Front Yard (Komohana Street) 198.72 feet Rear Yard (East) 19.38 feet Side Yard LINIorth) 10.7 feet Side Yard (South) '63.9 feet Ht. of Structure: 36" -4.59' Accesstoparking Paved .,ddygwayoff of Komohana Street Off -Street Parking Total Stalls: 36 Stalls shown of which 2 stalls are ADA accessible and one stall is ADA van accessible. Loading -and Unloading Parking . Nbne Shown Density N/A Fencing and Falls: None Material: Height Location OK. 0" MinimiunMuired. OK. one rNWpq- I OK, _40 feet OK. Must meet with the mArements of the Department of Public Works. OK. Total floor Area: 8.967sf/300 sf = 29.89 stalls or say 30 stalls; 2 additional stalls for single family dwelling. Total stalls required: 32 stalls of which two shall be ADA accessible withone stall being ADA Van accessible. OK. Sufficient loading and unloading area available 14yvq Fina] Plan Approval (TMK: 2-3-031:019) June8 2011 Page 2 of 2 Landscaping: See attached Landscaping Plan Others. Tax Clearance Drainage Stqd-Y, Solid Waste Mana-p-ement Plan REZ 09-000101 (Ord. No. 10-1.91 Conditions of Approval: OY, Complies with Rule 17 County of Hawaii Rules of Practice and Procedure (See Condition- 13 OK, Per letter from RET dated Apd! 12, 2011 OK, DPW approval letter dated jangaa 25, 2011 0K _ Approval Letter dated April 18, 2011 OK, Approved Wuch 18. 20 10 1. App owed landscaping shall be in -stalled in -good condition pAor to the issuance of the Certificate of Occppancy and shall be maintained in good health and with no accumulation of plant debris or litter thereafter. a to paved. stripgd, and appropriate age installed issuance of the 2. Avr)roved pgLkLm. �ate sign prior to Certificate of Occupancy. 3. ADA van -accessible mace shall -be 9' wide by 18 feet dM with an -8'-wide access aisle. 4. An accessible pathway from the ADA accessible parking spas to them amentrance of the building ✓ shall have a clear width of 36" and a &M not exceeding 2% in accordance with Section 25 -55 of Chapter 25, Hawail Count Code. .5. Applicant shall comply with all conditions setforth in Rezone 09-000 101 (Ord. No. l0-19). 6. AWlic t shall comly with all other applicable laws, rules, regulations and requirements of Hawaij County. Flan—n M7 -g Director Date June 8. 2011 oAplan approvalsOpla- I 1-000734sugaitmk2-3-0,7-019fonn.doc Permit Information TMK ' 230370190000 Permit Type Building Permit B2011 -0940K Number Permit Issue 11/07/2011 Date Owner SUGAI,BRIAN Name Owner WANG-SUGAI:NING;75-170 HUALALAI ROAD SUITE Address #B105;KAILUA KONA HI 96740 Lessee Tenant Name Plans By TERRY K DUNLAP Link Bldg IMPROVEMENT ON LOWER LEVEL FOR DR. SUGAI MEDICAL Perm No OFFICE ANDTENANT IMPROVEMENT ON UPPER LEVEL FOR Link Eiec DR. SUGAI APARTMENT. LOWER LEVEL WITH MEN/WOMEN Perm No BATHROOM', ELEVATOR, ELECTRICAL EQUIPMENT Link Plum ROOM,EXTERIOR STAIR TO UPPER LEVEL. UPPER LEVEL Perm No WITH ELEVATOR AND STAIRWAY. TENANT IMPROVEMENT Contractor 21833 Lic No AREA,WAITING AREA, 3 EXAM ROOMS,SURGERY ROOM, Contractor IVAN MOCHIDA CONTRACTING INC Name SURGEONS HANDWASH AREA. AIR CONDITIONING.TENANT Supplement IMPROVEMENT FOR SUGAI APARTMENT WITH LIVING, To DINING, KITCHEN, MASTER BEDROOM, GUEST Scope of New Work LANALSOLAR WATER HEATING SYSTEM WITH PANELS ON Descof NEW 2 STORY OFFICE BUILDING SHELL AND TENANT Work IMPROVEMENT ON LOWER LEVEL FOR DR. SUGAI MEDICAL OFFICE AND TENANT IMPROVEMENT ON UPPER LEVEL FOR DR. SUGAI APARTMENT LOWER LEVEL WITH MENMlOMEN BATHROOM, ELEVATOR, ELECTRICAL EQUIPMENT ROOM,EXTERIORSTAIRTO UPPER LEVEL. UPPER LEVEL WITH ELEVATOR AND STAI RWAY. Project 293 KOMOHANA STREET Address To Be SHELL/OFFICE Occupied No of 2 Stories Maj FI Area 10092 Acc FI Area Sewer Type Septic System Plumb - Fixtures Lot Flood Zone Bid Div NEW 2 STORY OFFICE BUILDING SHELL AND TENANT Remarks IMPROVEMENT ON LOWER LEVEL FOR DR. SUGAI MEDICAL OFFICE ANDTENANT IMPROVEMENT ON UPPER LEVEL FOR DR. SUGAI APARTMENT. LOWER LEVEL WITH MEN/WOMEN BATHROOM', ELEVATOR, ELECTRICAL EQUIPMENT ROOM,EXTERIOR STAIR TO UPPER LEVEL. UPPER LEVEL WITH ELEVATOR AND STAIRWAY. TENANT IMPROVEMENT FOR DR. SUGAI MEDICAL OFFICE WITH RECEPTIONIST AREA,WAITING AREA, 3 EXAM ROOMS,SURGERY ROOM, DOCTORS OFFICE, MEDICINE STORAGE, STAFFTOILET, SURGEONS HANDWASH AREA. AIR CONDITIONING.TENANT IMPROVEMENT FOR SUGAI APARTMENT WITH LIVING, DINING, KITCHEN, MASTER BEDROOM, GUEST BEDROOM/OFFICE, 2 BATHROOMS, LAUNDRY, COVERED LANALSOLAR WATER HEATING SYSTEM WITH PANELS ON ROOF RETAINING WALL UPTO 1V -H. (PHASE 1 OFA 2 PHASE PROJECT) 07-07-11: PERT. DUNLAP-JAI ADVISED TO CREATE APPLICATION WITH SHELL AND TENANT IMPROVEMENT -AD 03/16/2012: RECEIVED LETTER REQUESTING A CHANGE TO CONTRACTOR OF RECORD. LETTER FORWARDED TO HILO BUILDING DIVISION. -DB- owner requested to cancel permit (3/15/13), will obtain a new building permit for smaller structure. VOID PERMIT (ats) SE AR AR CE Est Cost of 1500000 Work Est 9/30/2012 12:00:00 AM Completion Date Present Use Units The Count of Hawaii Rea{ Property—lax Office i;ialtes every effort to produce the most accurate information possible. No Developed by warranties. expressed or implied are provided for the data hereim its use or interpretation. The assessment information is from the SC�� 605?ATkAL last certified tax roll. All other data' s subject to change. User Pri,,,acy Policy GDPR Privacy Notice Last Data Unload: 2..,26.2020.2:27:51 AM Version 2.3.A1 EzWIBIT C Q W QQ d y V O U 4 N 4 to, cl0 n a o EXHIBl l D Z LLL LL So EXHIBl l D roe @ 9oc0c)o �0�o�(D0— 0 G0 o o v z = �Mx sa�css ark ��r OFESSIONAL BUILDING fgljf .ems mss ` j\SUGAI PROFESSIONAL BUILDING UPPER FLOOR PLAN � ¥ EX/\q\/ ELE VAT! NS)\ SUGg PROFESSIONAL BUILDING � I a v County of Hawaii --' '� _ w•v. IPP METARTMENI.- OF PUBLIC WORKS C: GRADING PERAfiff NO. Fee. cc : 2C�SINE-ter-rise-�C °7�' Jefa!av�i S'. Ste - Phone. Ci�ai= l=ng. ; -•Bury yor:..{en dyer: F=rog _-- - ---- Ad 01' as : =;� r~ i_anii�a��ia SE Phone• `�3:)-,• .. Engineering PsImars, -'nc. Hflb, Hawaii 50720 L "Cense No.: 9361-C. _ -- C,D;1,i2C`_r}r: .rte Ad gyres=s - - - _ _ _ — _---- -- -- - __ Phone, License No. Local- 293 i•:ornohana Street, V io -r?=- - - T x NIap Key- :3 2-3-0237 019 Cut,Cy) 1200 Araa Grp' -;F:^ a rz -a ter'• sk'.'os Site. Est -in ated Starting Date: VIA I Es;.matpd Date •-c-d y. 20 15 Fill (CY): 1575 . (minimum ?_ working days after =ssuar•ce dale; BQ ::��w� Site Rear a:. Raticjh grFding a :%J s,-e=w(,rir� fog a tNA;s s*pry _rc�i . ni :f: cc: i,i. =ci:rit Pno-e 327-31:53 1_ STATE Di-,4IR - HiS T ORIC PRESi=_RVA T iON MV)SlOzN on tr'.e Hawaii car :national Regis e. cf HIsion,- Place= 2. JZ PLANNING DEPAR T MEs`tT '-4 Im" Received -,%I 3. 0 DEPARTMENT OF PUBLIC WORKS t Received Approved. cse"—V - tate i - ' "" � L .- ••Lj _ i.if AP 2 - Date �� f,72, 14 for Permit issuance: alt, . qq-t, vj, Date tqA€S 1 hereby certi;y tl;at al. work as r� * d a flue will to Chanter 1G of the Haw 2ii County Gude. ACS Afonform. E'%--;AL (�NT jk� ES LF F THE OWNERS ER h 9114 (D %:k". - - °d a V - Dat 101P Return to the Department of Public.''arks, Engineering Division. upon completion of work. Acc�:pt:.K Date: W Bi' E Rev .11101/2016 County of Ha'wai'i DEPARTMENT OF PUBLIC WORKS - ENGINEERING DIVISION K111ft GRADING PERMIT NO.j�- �1 0 Fee: $ Check only - payable to: cl 5 County Director of Finance owner.- SW ENTERPRISE LLC Address: 101 AUPUNI STREET #238 Phone: (808) 640-0710 HILO, HI 96720 Civil Eng. / Surveyor: YEN WEN FANG Address: 455 E. I ANIKAULA ST Phone: (.808) 933-7900 License No... 9361 -C HILO, HI - 96720 Contractor: GENE HENNEN Address: 417 Kalanikoa ST. Phone: (808) 935-9662 License No..- # HILO, HI 96720 Location: 293 KOMOHWk ST. HILO, HI Tax Map Key: (3) 1 2-3-037: 019 Cut(cyy. �Uc).gj� Parcel Area (acre): 0,9 AC Area to be Graded (acre)- 0.8 AC Disposal Site: Start Date--NGV--G47-�9 Completion Date:MA_Y'01"",�� i Fill (CY): (minimum 2 worlting days after issuance date) Borrow Site - Remarks: Sub grading and rough site work for a two-story professional office building 10 G IMPWIC-4 Submit to: DLNR.1ntake.SHPD@Hawaii.gov i. STATE DLNR — HISTORIC PRESERVATION DIVISION Received By, Date, 2- PLANNING DEPARTMENT C a, r I Received BY: t:�M410K� Date: 134 le, 3. DEPARTMENT OF PUBLIC WORKS Received By: Date: j0j'Sj,,j Approved: [loci y6 Date: Approved: 02te- Approved for Permit Issuance: W Date: 1011alm ' I hereby certify that all work as requested above will conform to Chapter 10 of the Hawaii County Code. I Qwnr. Rale: Return to the Department of Public Works, Engineering Division, upon completion of work. Certification Accepted by: (DPW inspector / engineer) ��o County of Hawaii is aL19099MPF Provider and Employer Date: 111111 ' ! a6r 4 2 s- - SM I S�6• I is I i Awa. � y ' 'o ss = xx i ,. on _ mm i1iL = couorcr �� ' 1 1 S j 1 $iAii SIAL. 0 0j ' i �I � � j� � f' ;� ► 1 � 1 .c L 133.4 -0i) 1N >135Y3 N338Jy DMll.4Yld SS33a4 I H 3A j ❑ � ' 1 !• 1• _ � `''sar re'—� . I ;-� : 1 31Y� raYto sfo • t 1 o Ni '7ti .Qit 1Q t HL-" -Is LL• ,wzZ Sia ` QL'tLKi Y_5 �'tE! Ss3) 5/O yl >2"se t3 vis 1 ci 1 S _ -�H:•x _! y N V N O W O >' ti HM'oM}�i i EXfflBIT G W>•ae., e,ot»i >> n ,o.> •.a. LLsr=m tete) —s `A-�g OZ'-sss eve :91 f'S c.>tiR®--x-75` ^• b P 41 '�`' `i d >, g��� � �' !3� t3a c�'%�'-. '� v 'n' -b 7 6l0=L£0-£-Z (£) ��f-4Y-- lYMYR •IiVMYH 'OT4 WAAHHN�I•Jd p i `si;tUped OL'SS i;; 7�� R: �. 2 ib3 � . • $E �I, '+r' t r a `+ HJ.YYIt CYC !gvlci'lo'alf I.oO "IVINOMOH J�viQliilB "?v!�IOISS3.�02Id t�JI2S Z o ' # V z qui �uu�ou1c3u ' =603 N` Id iN3Yt3AMi6 fl 3115 ig t I IlYM '�NtNtti3ES `JNLLt� !1[ � •' t 4 \4i• I Yii� '' .— _ �--1-.•moi — — ..-{ .47~ 'S\ � i /•. _ L- � — _! K� k6 of W � � --s-9 ��� F•. tt*-7 y``. \ � I vis co ! l © OR±QII�_ 0]SOd08 I 111111 ' ! a6r 4 2 s- - SM I S�6• I is I i Awa. � y ' 'o ss = xx i ,. on _ mm i1iL = couorcr �� ' 1 1 S j 1 $iAii SIAL. 0 0j ' i �I � � j� � f' ;� ► 1 � 1 .c L 133.4 -0i) 1N >135Y3 N338Jy DMll.4Yld SS33a4 I H 3A j ❑ � ' 1 !• 1• _ � `''sar re'—� . I ;-� : 1 31Y� raYto sfo • t 1 o Ni '7ti .Qit 1Q t HL-" -Is LL• ,wzZ Sia ` QL'tLKi Y_5 �'tE! Ss3) 5/O yl >2"se t3 vis 1 ci 1 S _ -�H:•x _! y N V N O W O >' ti HM'oM}�i i EXfflBIT G County of i"i PLANNING COMMISSION Aupuni Center « 101 Pauahi Street; Suite 3 ® Hilo, Ha%mi`i 96720 Phore(808)962-8288 ® Fax(808)961-9742 I December I85t 2009 The Honorable J Yoshimoto, Chairman. and Members of the County Council County of Ilawai`i 25 Aupuni Sheet filo, HI 96720 Dear Chairman Yosbirnoto and Council Members: Change of Zone Application (REZ 09-00101) Applicant: Brian Sugai Request: A- l a to CN -20 Tax Mav Ke : 2-3-37:19 The Windward Planning Commission, after a duly held public hearing on December 4, 2009, voted to recommend for your approval the proposed legislative bill for a Changs of Zone from an Agricultural --1 acre (A 1 a) to a Neighborhood Commercial — 20,000 square -feet (CN -20) district for 6.3 acres of land. The property is located along the east side of Komohana Street, approximately 7000 feet south of the Komohana Street — Ponahawai Street intersection, Ponahawai, South 11iilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests; The applicant is requesting a change of zone from Agricultural. -1 acre (A -1a) to Neighborhood Commercial -20,000 square .feet (CN -20). Although the CN zoned district allows a variety of commercial uses, the applicants current plans are to construct an approximately 20,000 -square foot, tyro -story building which will contain has medical office and other offices for rent/lease on the groiInd floor and a residential unit on the second floor. The residential unit would be used by the applicant. The applicant . currently leases office space at the nearby Ka Waena Laapaau Mcdicai Complex under a lease agreement that expires in 2010. Construction will begin immediately upon approval of the change of zone, in order for the building to be completed prior to the expiration of the applicant's current lease. Construction of the -development is anticipated to cost about: $2 million. Parking and landscaping as required by the Zoning Code will be provided on - Hawaii Counn, is an !Equal Opportunity Provider and Employer EWIBIT H The Honorable 1 Yoshimoto, Chairman and Members of the County Council Page 2 site. If feasible in the future, the applicant would like to construct a second building far offices uses. The change of zone request from an A`1a to a CN -20 zoned district confoms to applicable gams, poNcles and standards of the General Flamm. 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 polio analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Placa and related planning documents. The implications of these evaluations and decisions must be also - considered as they may have an unpact on similar areas in the County. The Land Use Pattern Allocation Guide (LUFAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested change of zone to a CN -20 district Conforms to the LUPAG Map, which designates tine property and its immediately surrounding area as Medium Density Urban. Such designation may allow neighborhood commercial uses, including office and retail uses. Several of the surrounding properties to the north; east and west are mainly vacant parcels that were formerly used for the cultivation of sugarcane. Since the closure of sugar plantations in the 1970's and 1980's these properties have remained, in agricultural zoning but havdnot been used for agricultural purposes. The lands just mauka of Komohana Street and to the northeast along Ponahawai Street have recently been rezoned for commercial and residential uses. The property is identified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System as Existing Urbana Development. Soils within the Property and surrounding area are unclassified for agricultural productivity by the Land Study Bureau. Thus, the applicant's request is consistent with surrounding land uses and zoning. In the initial review of this application, the Planning Departmcni believed that the request did not conform to the goals and standards of the Land Use and Transportation elements of the General Plan because allowing direct access to and from Komohana, Street via a. driveway,. rather than a public road, for commercial development would reduce the efficient operation of Komohana Street as a limited -access secondary arterial roadway; and introducing high; traffic volumes associated with commercial land uses may result in a hazardous situation as vehicles attempt to enter and exit KOMOhana Street, is heavily congestea at times_ However, upon funrther review of this application and during recent discussions with the applicant, the Department has, determined that with the placement of signage and a physical harrier to prohibit left -tures at the property driveway, the request will conform to the General Plan. The Department is The Honorable 3 Yoshimoto, Chairman and Members of the County Council Page 3 recommending the placement of "no left -turn" sign(s) and a physical barfier to ptevent motorists from making left -turns to and from the property access. Preventing left -tura movements through use of a physical barrier will signifid;antly reduce the patential for vehicle conflicts at the property driveway and will reduce vehicle delay on southbound Komohana Street that would occur if left -turn movements were allowed. In addition, a condition of approval will require submittal of Traffic Impact Analysis Report (TIAR) if the applicant develops other land uses permitted in the Neighborhood. Commercial zoned district that would generate significantly more traffic (over 50 peak hour trips) than the proposed development. The applicant wiU be responsible for constructing any improvements identified i� the TIAR required by the Ilei. The General Plan identifies the viewpoint on the hilltop overlooking Hilo Bay in the vicinity of.the subject property as a site of natural beauty. Scenic views of Hilo Bay and the eastern shoreline towards Puna can be seen from the property. However, development of the property will not significantly reduce sdic views of Hilo Bay or the Puna shoreline from Komohana street as existing views are intermittent due to tall vegetation on adjacent properties. Additionally, the Zoning Code limits "the maxirnuin building height in the CN -zoned district to 40 feet_ A condition of approval will require that any structures on the properly be designed and constructed in a way to minimize the obstruction of the intermittent scenic views of Hilo Bay and the Puna shoreline from Komohana Street. With implementation of the -recommended conditions of approval, the Planning Department believes the request for commercial zoning will conforrm to the goals, policies and standards of the General Pian. All essential utilities and services are available to the site. Access to the property is via Komohana Street, a two-lane County owned roadway with a 25 -foot pavement width within an 80 -foot wide right-of-way. A 10 -foot wide No Vehicular Access -Planting Screen Easement along the property's Komohana Street frontage was created when the property was originally subdivided. 'Wherefore, access to the property is limited to a 30 -foot wide road and utility easement (Easement RU -11). The Department of Public Works (DPW) recommends that access to and from Komohana Street be limited to right -turn in and right -tum out movements only and that the applicant provide pavement widening with concrete curb, gutter, sidewalk, drainage, and utility relocation improvements to the property's Komohana Street frontage meeting with the approval of fe I).PW- 'These recoanmendaiions will be inctaded as conditions of approval for the change of zone. The Honorable J Yoshnnoto, Chairman and Members of the County Council Page 4 The project site has no severe geological or topographical problem which cannot be properly rectified or which would render the land unusable. A portion of the property adjacent to the Alenaio drainage channel is located in flood zone "AE" which is a special flood hazard area inundated by the 100 -year flood where base flood elevations have been determined. Conditions of approval will require that all development -generated runoff be disposed of on-site and not directed towards adj acent properties and that the applicant adhere to the requirements of Chapter 27, Floodplain Management, of the Hawaii County Code for construction within the "AE" flood zone which specifies, among other kgs, minimum building elevation requirements. County water is available from an existing 12 -inch waterline fronting the property along Koruaohana Street. The proposed request would require the' installation of a reduced pressure type backflow prevention assembly witbin five feet of the existing meter. Conditions of approval will be included to address the Department of Water Supply's requirements. The property is currently not serviced by the County sewer system. The applicant proposes to dispose of wastewater by a septic system meeting the requirements of the Department of Health until the County sewer line is extended to the property. Solid waste will be disposed of by private contractor to the Hilo Landfill or other site designated by the Department of Environmental Management. According to HELCO, the existing electrical distribution system along Kornohana Street is adequate to serve the proposed development. The applicant will be required to install on-site distribution lines to provide electrical service within the property. Telephone services are available to the property. Police and fire services are available less than one mile from the property. The request is not contrary to Chapter 205A, HawaPl Revised Statutes, relafng to the Crustal Zone Management Area. The subject property is located over one mile from the shoreline at an elevation of about 240 feet above sea level and is not in the Special Management Area. Therefore, the property will not be impacted by coastal hazards ar affect beach erosion, coastal recreational resources; coastal ecosystems and marine resources. in a letter dated July 2, 2009 the DLII State Historic Preservation Division (SHPD) determined that no historic properties will be affected by the proposed development because previous grading/grubbing and urbanization have altered the land. In view of the Hawaii State Supreme Court's " PASI' and "Ka Pa'cakaa 0 Ka'Aina" decisions, the issue of native F3awaiian gathering and fishing Fights must be addressed in terms of the cultural, historical., and natural resources and the associated traditional and customary practices of the site: The Hohorable J Yoshinioto, Charman. and Members of the County Council Mage 5 %testa anon of veined resources: No formal archaeological reconnaissance survey, oral history of lana`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valued cultural. historical and natural resources found in the rezoning area: The property has been used for the .cultivation. of sugarcane in the past and was recently grubbed. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the prqperty. As such, it is anticipated that no cultural, historic or natural resources will be affected. In a letter dated July 2, 2069, the DL SHPD stated that no historic properties will be affected by the proposed development. Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian riglik As stated by the applicant, no gathering is taking glace on the site. 'Thus; to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. A condition of the .change of zone will require that the applicant cease work and notify the SHAD should any unanticipated archaeological features or sites be uncovered during the course of development. Based on the above findings, the request to reclassify the property from an Agricultural - 1 -acre (A -1a) to aNeighborhood Commercial - 20,000 -square foot (CAT -20) zoned district would result in an appropriate land use pattern that would further benefit the general public. . For your favorable consideration, an amendment to Section 25-5-33 (City of IRlo Zone Map), of the County Zoning Code is transmitted.. The Honorable 3 Yoshimoto, Chairman and Members of the County Council Page b We are enclosing copies of the staff Background and Planning Directo:es keeommendation for your information. Sincerely, Rell Woodward, Chairman Windward Planning Commission LsugaiWwwpc Enclosures cc: Department of Public Works Department of Water Supply Department of Land & Natural resources -HPD DOT -Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel Dacayanan, Melissa Subject: FW: Dr. Sugai REZ 09-101 Amend ' �� �omu:Sid Fuke i-2 el Sent: Friday, May 22,2O2O3:37PM To: Kay, Christian Cc: Ning\Nong'Sugai Darrow, Jeff Subject: Dr. Sugai REZO9'1O1 Amend H| Christian, ' This is to confirm that the requested time extension bfor a maximum 6year period with no administrative time extension. The applicant is in the process of finalizing itsbui|ding pernnit and is anxious to construct. As such, the 6 -year window should be sufficient. We have already provided the water calculation report to the DWS. Once either the commitment fee and/or facilities charge is determined, the applicant will make the appropriate payments and will inform your office accordingly. VVebelieve this should occur within the next couple ofweeks. Let me know ifthere are further questions. Thanks and continue to be well and safe! Sid ` ` z r' -fanning DEPARTMENT OF WATER. SUPPLY COUNTY OE HA AVI 345 KEKLIANAO`A STREET, SUITE 20 HILO,. HAIt°'JAVI 96720 TELEPHONE (808) 951-8050 - FAX (808) 961-8657 .lune 8, 2020 Tine Department has reviewed the water demand calculations, prepared by Engine-ering -Partners, showing the estimated -water demand for the proposed project and find them acceptable. Based on the water demand. calculations, the estimated average daily usage is 1,835 gallons per day (GPD), or five (5) equivalent units of water at 404 GPD per unit. A 1 -inch meter is adequate to accommodate the proposed demand. Pursuant to Rule 5 of the Department's Rules and Regulations,. a water commitment inay be issued. Based on the four (4) additional units of water needed, the required water commitment deposit is $150.00 per additional unit, or $600.00. Remittance of the $600.00 water commitinent deposit is requested as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with :specific dates and conditions stated. Upon receipt of the water commitment deposit, we will provide our requirements for water service, applicable facilities charges due, and other conditions .for final approval. Therefore, water service to the proposed project will be contingent on coimptiance with the following conditions: l . Construct necessary water system improvements, which shall include, but not be limited to, the following: a. Installation of one (1) I'/2 -inch Type "A" service lateral to accommodate a I -inch meter. b. Cut and Plug existing 1 -Inch set -vice lateral. c. Installation of .fire hydrant within 150 feet of the existing lat. d. Install a reduced pressure type backflow prevention assembly within five (5) feet of the meter on private property. The installation of the backflow prevention assembly must be inspected and approved by the Department before water service can be activated. e. 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. ® ... Water, Our 9dost Treciou,s Resource ... a ai_A K,aFne . 3 3 64 2 Panning uept The Department of water Supply is an Equal Opportunity provider and employer. Exhibit ?/ 7 en z . �.s_ °' i k•;*� ,^ ';= r 1Mri Yen 1i��yv Lna,ineerinQ Partners b,. v Partners 0'.. v:„ w .....««.. .. .. 455 Fast Lanikaul.a Street Hilo, HI 96720 Dear Mr; Fang: Subject: 'tater Usage Calculations for the Proposed Sugai Professional Building Applicant: Dr. Brian Sugai Tax Map Key 2-3-037:019 Tine Department has reviewed the water demand calculations, prepared by Engine-ering -Partners, showing the estimated -water demand for the proposed project and find them acceptable. Based on the water demand. calculations, the estimated average daily usage is 1,835 gallons per day (GPD), or five (5) equivalent units of water at 404 GPD per unit. A 1 -inch meter is adequate to accommodate the proposed demand. Pursuant to Rule 5 of the Department's Rules and Regulations,. a water commitment inay be issued. Based on the four (4) additional units of water needed, the required water commitment deposit is $150.00 per additional unit, or $600.00. Remittance of the $600.00 water commitinent deposit is requested as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with :specific dates and conditions stated. Upon receipt of the water commitment deposit, we will provide our requirements for water service, applicable facilities charges due, and other conditions .for final approval. Therefore, water service to the proposed project will be contingent on coimptiance with the following conditions: l . Construct necessary water system improvements, which shall include, but not be limited to, the following: a. Installation of one (1) I'/2 -inch Type "A" service lateral to accommodate a I -inch meter. b. Cut and Plug existing 1 -Inch set -vice lateral. c. Installation of .fire hydrant within 150 feet of the existing lat. d. Install a reduced pressure type backflow prevention assembly within five (5) feet of the meter on private property. The installation of the backflow prevention assembly must be inspected and approved by the Department before water service can be activated. e. 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. ® ... Water, Our 9dost Treciou,s Resource ... a ai_A K,aFne . 3 3 64 2 Panning uept The Department of water Supply is an Equal Opportunity provider and employer. Exhibit ?/ Mr. Yon Wen Fang, P.E. Page 2 .Tune 8, 2020 2. Submit consttuctioti dans., prepared by a professional engineer licensed in thy: State of Hawaii, showing the work required for review and approval. Remit the prevailing fatalities charge balance, which is subject to change:, as shown below: FACILITIES CHARGE (FC) One (1) Ekisting service Paid I4nch meter service to the subject. parcelsf faeur ,dditionai Units) _ $22,000.00 Total (Subject to Change' $22,000.00 This is due and payable upon completion of the installation of the required water system improvements and prier to final subdivision approval being granted. For your information, water, commitment deposits are credited to -wards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount;. for example, when tequaests. for time extensions continue and are approved. U itil the development is finally cbinpleted, these are separate and unrelated items, In the event that water,commitment deposits exceed the facilities -charge, no refunds are applicable. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this: water commitment, at which time availability will be subject to change in accordancewith prevailing water system conditions, policies, and Rules and Regulations. For your information, the existing 1�-inch wwraterline within Komollana Street is adequate to provide the required 2,000 -gallons per minute of flow for fire protection, as per the Department's Water System Standards. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Keith K. akamoto_ P.E. Manager -Chief Engineer TS:dfg copy -- Planning Department: RSugaiREZAmend.crk.6.19.2020 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DR. BRIAN SUGAI AMENDMENT TO CHANGE OF ZONE ORDINANCE 10 19 (REZ 09-101) Upon careful review of the request to amend Condition D of Ordinance No., 10 19, the_ Planning Director is recommending that a favorable recommendation 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 on additional information presented at the public hearing. This recommendation is based on the following findings: The applicant, Dr. Brian Sugai, has submitted an application for a six (6) -year time extension to Condition D (Time to Complete Construction) of Ordinance No. 10 19, which was originally approved on March 18, 2010 and which reclassified approximately one (1) acre of land from an Agricultural 1 -acre (A-1 a) to Neighborhood Commercial - 20,000 square feet (CN -20) zoning district. The applicant initially planned to construct an approximately 20,000 -square foot, two-story building to contain his medical office and other offices for rent/lease on the ground floor and a residential unit on the second floor to be used by the applicant. The original plan also set aside an area on the property for an additional 20,000 -square foot building. However, due to cost considerations, the applicant decided to reduce the size of .the structure to a proposed 8,900 -square foot, two-story office building, including one (1) residential unit and a 36 stall parking lot, two (2) of which will be ADA accessible. 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. According to the applicant, Final Plan Approval and a building permit were issued in 2011. However, based on cost considerations and the economy just coming off of a recession, construction was delayed, and plans were abandoned. The applicant subsequently submitted revised building plans in 2013, but due to a misunderstanding with the Department of Public Works (DPW), a building permit was never issued. In 2014, DPW issued a site work grading permit and some site work subsequently occurred. However, misunderstandings between the applicant and the then contractor resulted in lengthy litigation between the parties and construction was suspended during that time. With the litigation resolved, a new grading permit was issued in 2019 and site work re -commenced. Upon receipt of this time extension approval, a new Final Plan Approval can be obtained, a new building permit can be finalized, and the applicant intends to complete the project within 24 months. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone under Ordinance No. 10 19 have not changed. The CN -20 zoning remains consistent with the LUPAG designation and goals, policies, and actions of the General Plan. The site is served by appropriate infrastructure such as water, wastewater, access, and essential utilities. There are no irresolvable geological or topographical problems which cannot be rectified, or which would render the land unusable. Since the subject parcel was rezoned, there has not been any significant land use regulatory changes in this area: The current zoning (CN -20) continues to be consistent with Medium Density Urban (MDU) designation in the General Plan's Land Use Pattern Allocation Guide (LUPAG) map, which allows for a "Village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential -- tip to 35 units per acre). " The subject, one (1) -acre property is located on the east side of Komohana Street just north of the Alenaio drainage channel. It is irregular in shape, slopes very slightly to the east, and is located at an elevation of about 240 feet. The property was formerly planted in sugar cane but has been graded and is currently vacant of any structures or improvements. The CN zoning and proposed development is consistent with the mixed residential/commercial/medical office character of the surrounding neighborhood. The nearest residential uses are located in the Komohana Heights subdivision just beyond the Alenaio drainage channel, south of the property. The adjacent properties to the north are vacant and similarly zoned CN -20. Undeveloped lands to the west were rezoned in 2004 to the Wailani Project District. To the east are vacant lands zoned A -la and residential uses on land zoned RS -7.5. The Ka Waena Lapaau medical office complex is located at -2- r__ the northeastern corner of the Ponahawai Street - Komohana Street intersection on land zoned CN -20. Several of the nearby properties on the south side of Ponahawai Street makai of Komohana Street have been rezoned to RM -4, RM -5.5 and CN -20. The proposed development will be developed -in accordance with the Zoning Code, including the requirement to obtain a new Final Plan Approval, which will ensure appropriate on-site parking, drainage and landscaping requirements will be met. In addition, the proposed amendment meets the concurrency requirements of the Zoning Code which address traffic, potable water, and Civil Defense Siren availability (approximately 500 feet from the subject site). According to the Department of Water Supply (DWS), County water is available from an existing 12 -inch waterline fronting the property within Komohana Street that is adequate to provide the required 2,000 gallons per minute fire flow for fire protection Per DWS standards. Condition B of the subject Change of Zone ordinance required the applicant to submit anticipated maximum daily water usage calculations to DWS within 180 days of the effective date of the ordinance, however the applicant did not comply with that timeframe. In anticipation of the Change of Zone amendment, the applicant completed water demand calculations and submitted them to DWS for review. Based on the calculations, the prop osedfproject will need a total of 1,835 gpd, or four (4) additional units of water. According to DWS, the applicant would be required to request a wager commitment for the additional units of water and pay the necessary commitment deposit of $600. The applicant will also have to cut and plug the existing 1 -inch service lateral, install a 1 1/2 -inch service lateral and a 1 -inch meter (in lieu of the existing 5/8 -inch meter serving the property), install a fire hydrant withing 150 -feet of the subject property, install a reduced pressure type backflow assembly within five (5) feet of the water meter and remit the remainder of the facilities charges for the additional service. As the applicant has complied with the completion and submission of water calculations to, DWS as required by Condition B, the Director is suggesting updating the condition to articulate the required timing of the water commitment deposit payment and articulating the need for the applicant to maintain valid water commitments. The applicant also completed a Solid Waste Management Plan (SWMP) that was approved by the Department of Environmental Management on April 18, 2011 as -3- required by Condition M of the' subject Change of Zone ordinance. Based on staff conversations with the DEM -Solid Waste Division, the Director is recommending the retention of this Condition so that DEM has an opportunity to review and update as necessary components of the SWMP prior to receipt of Final Plan Approval for the proposed development or any additional development on the subject property. 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, 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 preceding findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 10 19. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and to remove satisfied conditions. The accompanying draft bill to amend Ordinance No. 10 19 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. -4- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. AN ORDINANCE AMENDING ORDINANCE NO. 10 19 WHICH RECLASSIFIED LANDS ,FROM AGRICULTURAL — ONE ACRES (A-1 a) TO NEIGHBORHOOD COMMERCIAL — 20,000 SQUARE FEET (CN -20) AT PONOHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-3-037:019. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: } SECTION 1. Section 1 and Section 2 of Ordinance No. 1019 is amended as follows: "SECTION 1. Section 25-8-33,, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 [ (2016 Edition, as amended), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ponahawai, South Hilo, Hawaii, shall be Neighborhood Commercial — 20,000 square feet (CN -20): SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [(2005 Ems)] (2016 Edition, as amended), 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 -1- (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS SECTION 2. Material to be deleted is bracketed and stricken. New material is SECTION 3. [ , sueh � ;mall not affectthe parts € this orance-.1 Severability. If any provision of this ordinance, or the application thereof to; any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or aDDlication. and to this end the provisions of this ordinance are severable." SECTION 4.This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -2- i .. % PD A -1a RM .5 5 A ]a A -1a RM -4 A -1a Feet 0 150 300 600 900 1,200 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRE (A -1a) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20) AT PONAHAWAI, SOUTH HILO, HAWAII MAP PREPARED BY: TN;1K 2-3.37f 19 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE July 30,20913 Bnan T Su, .3, EXHIBIT "A•.FOR REFERENCE ONLY k1ap 1271) PD A -]a A -1a 7 (p LOT 13-A-1 (p A AGRICULTURAL -1 ACRE IA -1 4) TO NEIGHBORHOOD COMMERCIAL - 20.000 SQUARE FEET (CN -20) 43,560 SO FT A-10 R5:.7 5 ........ ........ ....... .................... R 75 A -1a R5-7 5 R5-7 5 1207.9 E -,HALA'P R5-7 5 R5-7 5 R5-7 5 PD PIS -10 f RSL7 5 f 11 R5-7 5 RS -7 5 145-10 R5-7 5 A . In R5-7 5 R3=75 P94jo P5-.7-5 10 R&.10 (Pp �A N. RS -10 5-75 PS -7 % 5 Feet 0 150 300 600 900 1,200 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRE (A -1a) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20) AT PONAHAWAI, SOUTH HILO, HAWAII MAP PREPARED BY: TN;1K 2-3.37f 19 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE July 30,20913 Bnan T Su, .3, EXHIBIT "A•.FOR REFERENCE ONLY k1ap 1271) C SugaiREZAmend. crk.6.19.2020 DR. BRIAN SUGAI CHANGE OF ZONE ORDINANCE 10 019 (REZ 09-101) AMENDED CONDITIONS OF APPROVAL A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. [ , appheant shall submit the antieipated m i laily water- usage ealeu4aiens as with the'Water- Genunitment Guidelines Pokey" to the DepaAment of Wat-er Supply within �, 80 days from the effective date of this vaua,. nee A water commitment deposit shall be paid to the Department of Water Supply 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 applicant, successors, or assigns are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. [The appheant shall install a r-edueed pr-essufe type baekflew prevei#ion assembly withifl. five (5) feet of the water- meter -'on private preperty, W-hieh must be inspeeted approved the Department of Wtar- Supply.] The applicant, successors, or assigns shall install and construct necessary water system improvements meeting with the reauirements of the Department of Water Supply prior to the issuance of a Certificate of Occupancy. D. Construction of the proposed [' ] development shall be completed within [fes] six 6 years from the effective date of this amended ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all proposed structure(s), fire protection measures, paved driveway access, parking stalls and loading zones. Landscaping shall be indicated on.the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). E. Development of the property shall be designed and constructed in a way to minimize obstruction of the scenic views of Hilo Bay and the Puna shoreline from Komohana Street. F. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide full improvements to the property's frontage along Komohana Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. G. Access shall be through Road and Utility Easement RU -11 at Komohana Street and shall be limited to right -turn in and right -turn out movements only. The access connection to Komohana Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. Prior to the issuance of a Certificate of Occupancy, the applicant shall install "no left -turn" sign(s) and a triangular-shaped raised concrete barrier at the property access to prevent left -turns into and out of the access driveway. All improvements shall meet with the approval of the Department of Public Works. H. Should the applicant submit plans to develop a land use beyond what is proposed in the application, 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 (TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement when required by the Department of Public Works, at no cost to the County, any transportation improvements deemed necessary by the Department of Public Works. I. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed by the applicant. J. The applicant shall install wastewater disposal system(s) meeting with the requirements of the Department of Health prior to the issuance of a Certificate of Occupancy. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to Final Plan Approval. L. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage -2- improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. M. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. N. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires a NPDES permit for certain construction activity. and the Department of Land and Natural Resourees State Histofie Presefvation Divis (DLNR S14PD) shall be immediately notified. Subsequent wor-k shall proeeed upon an. arehaeologieal elear-anee from the DL -NR S14PD when it finds that suffieient mitigation measures es hake been tak ] In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, 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. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval or final subdivision approval for any new residential structures. Q. If the applicant, successors, or assigns develops residential units on the subject property, the applicant shall make their fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in -3- 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 combined value of [$7,698.11-1 $9,645.17 per multiple family residential unit ([Q19O96.$15,030.92 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. [$3979 $4,757.69 per multiple family residential unit ([$5,784.99.] $7,248.17 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [Q'] $150.37 per multiple family residential unit ([$279.07] $349.65 per single family residential unit) to the County to support police facilities; 3. [$36947-] $462.54 per multiple family residential unit ([eC�] $690.61 per single family residential unit) to the County to support fire facilities; 4. [$144-.54] $206.16 per multiple family residential unit ([$241.32] $302.36 per single family residential unit) to the County to support solid waste facilities; and 5. [$39247.121 $4,068.41 per multiple family residential unit ([$5,140.06] $6,440.12 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. R. 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. S. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -4- T. [An initial extension of time for the peffi��anee of eenditions widiin the ordinanee fflay foreseen or- are beyond the eon-trol of the appheant, sueeesser-s o. originally granted forp' +rfefmnnee �� o n eer�dit o�,, to be performed ., C117i� V�f7 5-.] If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. U. 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. -5- E. Development of the property shall be designed and constructed in a way to minimize obstruction of the scenic views of Hilo Bay and the Puna shoreline from Komohana Street. F. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide full improvements to the property's frontage along Komohana Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. G. Access shall be through Road and Utility Easement RU -11 at Komohana Street and shall be limited to right -turn in and right -turn out movements only. The access connection to Komohana Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. Prior to the issuance of a Certificate of Occupancy, the applicant shall install "no left -turn" sign(s) and a triangular-shaped raised concrete barrier at the property access to prevent left -turns into and out of the access driveway. All improvements shall meet with the approval of the Department of Public Works. H. Should the applicant submit plans to develop a land use beyond what is proposed in the application, 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 (TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement when required by the Department of Public Works, at no cost to the County, any transportation improvements deemed necessary by the Department of Public Works. I. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed by the applicant. J. The applicant shall install wastewater disposal system(s) meeting with the requirements of the Department of Health prior to the issuance of a Certificate of Occupancy. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to Final Plan Approval. L. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage -2- improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. M. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. N. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires a NPDES permit for certain construction activity. and the Department of Land and Natural Resourees State Histofie Presefvation Divis (DLNR S14PD) shall be immediately notified. Subsequent wor-k shall proeeed upon an. arehaeologieal elear-anee from the DL -NR S14PD when it finds that suffieient mitigation measures es hake been tak ] In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, 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. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval or final subdivision approval for any new residential structures. Q. If the applicant, successors, or assigns develops residential units on the subject property, the applicant shall make their fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in -3- 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 combined value of [$7,698.11-1 $9,645.17 per multiple family residential unit ([Q19O96.$15,030.92 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. [$3979 $4,757.69 per multiple family residential unit ([$5,784.99.] $7,248.17 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [Q'] $150.37 per multiple family residential unit ([$279.07] $349.65 per single family residential unit) to the County to support police facilities; 3. [$36947-] $462.54 per multiple family residential unit ([eC�] $690.61 per single family residential unit) to the County to support fire facilities; 4. [$144-.54] $206.16 per multiple family residential unit ([$241.32] $302.36 per single family residential unit) to the County to support solid waste facilities; and 5. [$39247.121 $4,068.41 per multiple family residential unit ([$5,140.06] $6,440.12 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. R. 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. S. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -4- T. [An initial extension of time for the peffi��anee of eenditions widiin the ordinanee fflay foreseen or- are beyond the eon-trol of the appheant, sueeesser-s o. originally granted forp' +rfefmnnee �� o n eer�dit o�,, to be performed ., C117i� V�f7 5-.] If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. U. 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. -5- / / / / / - w*w�� �s ~_~- AERIAL PHOTOGRAPH 14 v+ s, � t _ 1 #R.: �' till► •.. k • 9 r f� l s A • .r y, s F a f' sf �f AERIAL PHOTOGRAPH rn -n D z D rn rn 0 �_ Z c� C ---�