Loading...
HomeMy WebLinkAboutCOM 0235.000 2020-2022 .-JMtt OF#4 �Q• 7. ��'• *. • Lee E.Lord n l i Managing Director • 'g .' - Nlitchell D. Roth •ERl�• =',.��:• Mayor '•, • Robert H.Command /44..—', • .. Deputy Managing Director OiM°'" . • Oltiunt of Raiixit`t Offirr of ter %Tor 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 c April 21, 2021 :74 N.) w C., Maile David, Council Chair i . and Members of the County Council - County of Hawai`i •` 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 723 (REZ 399) Applicant: Kelly Kagimoto (formerly Beretania Properties, Inc.) Request: Amendment to Delete All Conditions to Change of Zone Ordinance No. 723 Tax Map Key: 2-2-041:075 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, MITCHELL D. ROTH Mayor TCouncilKagimotoREZ399Amend723 Enclosures cc: Planning Department (bil1 1)(0 Comm. No. 139 Ref. To: County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. Date APR 2 7 20al Mitchell D. Roth ap '"''��;'• John Replogle,Chair Mayor ���% �� Gilbert Aguinaldo,Vice-Chair •;�`�"?; //, • Dean Au Lee E.Lord 'i :- Joseph Clarkson Managing Director .141:.-.;**; Michelle Galimba Dennis Lin Thomas Raffipiy County of Hawai`i WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 APR 1 9 2021 Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 723 (REZ 399) Request: Amendment to Delete All Conditions of Change of Zone Ordinance No. 723 Applicant: Kelly Kagimoto (formerly Beretania Properties, Inc.) Tax Man Key: 2-2-041:075 The Windward Planning Commission, at its duly held public hearing on April 1, 2021, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 723. The subject property is located at 2169 Kino`ole Street, Waiakea Homestead Lots, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting to delete all conditions of Change of Zone Ordinance 723 while retaining the current zoning district established by the ordinance. Ord. 723 changed the district classification for a 9,425 square-foot portion of the 20,188 square foot subject property from the Single-Family Residential-10,000 square feet (RS-10) zoning district to the Neighborhood Commercial-10,000 square feet (CN-10) zoning district to align with the zoning of the remainder of the property. The approved rezone was subject to a number of conditions of approval placed on the original applicant and landowner to ensure timely development of the property. Hawaii County is an Equal Opportunity Provider and Employer Maile David, Council Chair and Members of the County Council County of Hawai`i Page 2 The applicant is currently contemplating the development of a retail building on the subject property that led to the purchase of the parcel in 2019. The applicant currently operates the Kagimoto's convenience store located adjacent to the south of the property within leased space of the historic Ando building. The unique issues relating to the status of the rezone and permitted uses has forced the applicant to suspend any efforts to design and pursue a potential retail building until this rezone request is completed. As previously stated, the Planning Director is supportive of the deletion of conditions as this rezone ordinance covers only half of the subject parcel. This unique situation has led the property owner to suspend development until this matter can be resolved. The following outlines the criteria for granting a rezone amendment: 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. In 1981, via Ordinance No. 723, the Hawai`i County Council approved a change of zone for a 9,425 square foot portion of the subject property from a Single-Family Residential-10,000 square feet zoning district to a Neighborhood Commercial-10,000 square feet (CN-10) zoning district in support of a proposed 16-unit apartment complex and laundromat applied for by the previous owner, Beretania Properties, Inc. The rezoning was largely supported since more than half of the subject parcel directly fronting Kino`ole Street was already zoned CN-10 through the 1967 zone maps and was supported by the General Plan designation that depicts the subject property and surrounding area for Medium Density Urban (mdu) uses. A search for Beretania Properties, Inc. found no current ownership of the property, nor any interest in future development. The property was never developed as an apartment complex as originally proposed in 1981. Therefore, the deadlines associated with the conditions of approval of Ordinance 723 have long since lapsed and the prospect of developing the property for commercial uses is hampered until such time the zoning conditions of approval are amended by the Hawai`i County Council. The purpose of this request is to delete conditions of approval that were originally intended to specifically compel the original owner and applicant, Beretania Properties, Inc. to complete the development of the property for commercial uses. As Beretania Properties, Inc. was not able to proceed with the development of the subject property and is apparently no longer in existence as a company, the conditions of approval have not been satisfied and the ability of the current landowner to develop the property remain in limbo. Maile David, Council Chair and Members of the County Council County of Hawai`i Page 3 The primary goal of this amendment is to promote the development of the entire 20,188 square foot property for commercial uses and to eliminate conflicting regulatory controls over portions of the same property; namely the Kino`ole Street-fronting portion that maintains a legacy CN-10 zoning designation and that is not encumbered by any conditions of approval. Granting of the amendment 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. 723 have not changed as approximately half of the subject parcel has a legacy CN-10 zoning designation. The current zoning (CN-10) 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" The proposed future commercial development that the applicant has alluded to for this parcel will align with the existing commercial development located around the Kino`ole-Kawailani Street intersection that is designated as CN-10 and within the LUPAG medium-density urban zoning designation. The following list outlines the previous conditions of Ordinance 723 and the justification for the deletion of conditions: A. The petitioner, Beretania Properties, Inc. shall be responsible for complying with all of the stated conditions of approval. This condition places compliance on the previous owner, Beretania Properties, Inc. that no longer holds any interest in the subject parcel. As this business no longer exists, it would be impossible to hold them accountable for complying with conditions. B. Plans shall be submitted and Final Plan Approval, in accordance with Chapter 8 (Zoning Code), Hawaii County Code, secured by the Planning Department for the proposed development within one (1) year from the effective date of the change of zone. The portion of the subject property that fronts Kino`ole Street retains its legacy CN-10 zoning from 1967 and therefore maintains no conditions of approval. The Zoning Code requires Plan Approval be secured for any commercial use in the CN zoning district prior to its establishment, thus Plan Approval will be required for the entire property, even if this condition is deleted. Maile David, Council Chair and Members of the County Council County of Hawaii Page 4 C. Construction shall commence within one (1) year from the date of receipt of Final Plan Approval and be completed within two (2) years thereafter. With out an appropriate development design the applicant is unable to hold to these timing conditions. The mismatched zoning requirements for each half of the same parcel need to be resolved prior to planning development. Staff notes that Plan Approval, along with other construction related approvals will be required once the landowner moves to design the commercial development of the project site. D. Access to the property shall meet with the approval of the Department of Public Works. This condition is redundant and will only be required on half of the subject parcel that is located away from the Kino`ole Street frontage. Additionally, requirements outlined in Chapter 22 of the Hawai`i County Code (HCC), more specifically Section 22-4.8(a), states that "no county street shall be used for ingress or egress to a property without a properly located and constructed driveway approach". Staff also notes that the property to the north of the subject parcel retains a legacy CN-10 zoning designation without any conditions of approval. E. The proposed improvements shall be designed in keeping with the existing character of the immediate neighborhood. No specific design guidelines relating to the "character of the immediate neighborhood" have ever been established or even proposed. It would be difficult for the applicant to adhere to this condition without explicit guidance or design criteria. Additionally, no previous development has been required in this area to comply with these types of guidelines in the CN-10 zoned area. F. The General Plan density guidelines of a maximum of 24 percent ground cover and 28 percent paved parking area, and a minimum of 48 percent landscaping/open space shall be complied with. The listed criteria relating to development of the subject parcel are no longer in line with current standards and practice and no longer exist within the General Plan. Open Space is regulated by the zoning code through minimum yard setbacks and maximum height requirements. Additionally, minimum parking requirements are also regulated by the Zoning Code while landscaping requirements are administered via Planning Department Rule No. 17 (Landscaping). • Maile David, Council Chair and Members of the County Council County of Hawai`i Page 5 G. The sewage requirement of the appropriate governmental agencies shall be complied with. The subject parcel (and the surrounding area) is not serviced by a public sewer system. An individual wastewater treatment system (IWS) will be required, and approval of the design and construction shall be regulated by the State Department of Health through its Wastewater Systems rule (Hawai`i Administrative Rules (HAR), Title 11, Chapter 62). H. All water runoff generated by the proposed development shall be disposed of by a drainage system acceptable to the Department of Public Works. All stormwater runoff caused by the development of the subject parcel will be regulated by the County of Hawaii through Ch. 10, HCC (Erosion and Sedimentation) and in accordance with the Department of Public Works Storm Drainage Standards. If applicable, additional regulatory controls will come from the State Department of Health-Clean Water Branch via its National Pollutant Discharge Elimination System (NPDES) requirements and standards. I. All other applicable rules, regulations, and requirements be complied with. Should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate designation may be initiated. Given that half of the subject parcels' CN-10 legacy zoning designation has existed for 53 years, the applicant believes that maintaining the CN-10 zoning for the remainder of the property covered by Ord. 723 is appropriate due to its consistency with the General Plan LUPAG map and the existing commercial land uses surrounding the subject parcel. To return half of the property to the original RS-10 zoning designation would ensure the commercial development is unable to proceed and would not align with the current uses and development of the area. Based on the preceding, the Director is recommending that the conditions of Ordinance No. 723 be deleted in order to bring clarity to the development of this site and to align with existing uses, zoning, and General Plan ideals. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Since the subject parcel was rezoned, there has not been any significant land use regulatory change in this area. The current CN-10 zoning designation continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map Medium Density Urban (mdu) designation, which allows for "Village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential- up to 35 units per acre." Maile David, Council Chair and Members of the County Council County of Hawaii Page 6 The subject 20,188 square foot property is rectangular is shape and generally level with a slight incline to the west. It is currently vacant of any improvements and has been completely grubbed and graded with only grass planting and some trees along the property line to the south. The CN-10 zoning and proposed future commercial development is consistent with neighborhood commercial type zoning and uses in the surrounding area, which include the existing Kagimoto's Convenience Store to the south of the subject parcel, gas stations across the street and other commercial uses such as a restaurant which are similarly zoned CN-10. The applicant has stated that the development of a retail building on the subject site will be developed in accordance with the Zoning Code, including meeting the criteria that promotes expanded commercial services that meet the needs of the local population. Furthermore, the applicant will be required to develop the property in compliance with Final Plan Approval, which will ensure appropriate on-site parking, drainage and landscaping requirements will be met. According to the Department of Water Supply (DWS), county water is available to the site via a 6-inch waterline within Kino`ole Street and the Department has no objection to the proposed request, however, prior to granting water service the applicant shall comply with DWS conditions. DWS has requested that the applicant submit an updated set of water calculations prepared by a professional engineer licensed in the State of Hawai`i for review and approval. Furthermore, the applicant will be required to install a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. Finally, DWS indicated that existing 6-inch waterline within Kino`ole Street is inadequate to provide the required 2,000 gallons per minute flow for fire protection, as per DWS' Water System Standards. Additionally, the. DWS recommends that the applicant contact the Fire Department to determine fire protection requirements and/or alternatives. By letter dated March 10, 2021, the applicant stated they will commit to working with the Fire Department during the design process to ensure that adequate fire protection measures are incorporated within the future design of the proposed retail facility to compensate for the lack of a fire hydrant in this area. 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; 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. Maile David, Council Chair and Members of the County Council County of Hawai`i Page 7 Based on the preceding findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to delete all conditions of Ordinance No. 723. In addition, the Planning Director reiterates that this unique rezone amendment request is not typical, and the specific merits of the request were evaluated to determine the best course of action to support consistent zoning while allowing for the applicant to thrive and succeed with a proposed retail/commercial facility within an appropriately zoned district. The accompanying draft bill to amend Ordinance No. 723 is provided for your consideration. Material to be deleted is bracketed and struck through. We are enclosing copies of the Planning Director's Background and Recommendation and the PowerPoint presentation. A draft transcript of the hearing for your information will be provided under separate cover. Sincerely, //ffGG `7Oh&John R loP,Fe,do. 1165 HST) John R. Replogle, Chairman Windward Planning Commission LKagimotoREZ399wpc2 Enclosures cc: Daryn Arai, Land Use Planning Consultant Kelly Kagimoto Department of Public Works Department of Water Supply Jean Campbell, Esq., Corporation Counsel COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KELLY KAGIMOTO AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 723 (REZ 399) KELLY KAGIMOTO applied for an amendment to delete all conditions of Change of Zone Ordinance No. 81-723,which rezoned a 9,245 square-foot portion of a larger 20,188 square- foot property from a Single-Family Residential-10,000 square feet (RS-10) to Neighborhood- Commercial-10,000 square-feet (CN-10) zoning district, while retaining the CN-10 zoning. The subject parcel is located at 2169 Kino`ole Street, Waiakea Homestead Lots, Waiakea, South Hilo District, Hawai`i, TMK: (3) 2-2-041:075 (por). Please note that the agenda inadvertently referenced the ordinance number as 81-723 when the actual ordinance number is 723. The remainder of the report will reference the correct Ordinance No. 723. PROPOSED ACTION 1. Applicant's Request: The applicant requests deletion of all conditions of Change of Zone Ordinance No.723 and the retention of the existing CN-10 zoning designation.The specific deletion requests follow(material to be deleted is bracketed): Delete Condition A: [That the petitioner, Beretania Properties, Inc., shall be responsible for complying with all of the stated conditions of approval.] Delete Condition B: [That plans shall be submitted and Final Plan Approval, in accordance with Chapter 8 (Zoning Code),Hawaii County Code,secured by the Planning Department for the proposed development within one (1) year from the effective date of the change of zone.] Delete Condition C: [That construction commence within one (1) year from the date of receipt of Final Plan Approval and be completed within two (2)years thereafter.] Delete Condition D: [That access to the property shall meet with the approval of the Department of Public Works.] Delete Condition E: [That the proposed improvements shall be designed in keeping with the existing character of the immediate neighborhood.] Delete Condition F: [That the General Plan density guidelines of a maximum of 24 percent ground cover and 28 percent paved parking area, and a minimum of 48 percent landscaping/open space shall be complied with.] Delete Condition G: [That the sewage requirements of the appropriate governmental agencies shall be complied with.] Delete Condition H: [That all water runoff generated by the proposed development shall be disposed of by a drainage system acceptable to the Department of Public Works.] Delete Condition I: [That all other applicable rules, regulations, and requirements be complied with. Should any of the foregoing conditions not be met, rezoning of the area to its original of more appropriate designation may be initiated.] The applicant is currently contemplating the development of a retail building on the subject property that led to the purchase of the parcel in 2019. The applicant currently operates the Kagimoto's convenience store located adjacent to the south of the property within leased space of the historic Ando building. The unique issues relating to the status of the rezone and permitted uses has forced the applicant to suspend any efforts to design and pursue a potential retail building until this rezone request is completed. 2. Reason for the Request: The applicants stated reason for seeking the deletion of all conditions of approval within Ordinance 723 and retaining the CN-10 zoning designation is to promote the development of the entire 20,188 square-foot property for commercial uses and to eliminate conflicting regulatory controls over portions of the same property that hold a legacy CN-10 zoning designation that is not encumbered by any conditions of approval. Primary justification in support of this request is existing regulatory controls that are already in place to ensure timely development of the property,rendering all the existing conditions of approval as potentially redundant. -2- 3. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — Letter dated December 15, 2020 from Daryn Arai requesting deletion of all conditions). 4. Landowner: Kelly Kagimoto. BACKGROUND INFORMATION 5. March 1, 1967: City of Hilo zone district map was adopted. Zone district map depicted an area zoned as CN-10 which included a 10,763 square-foot portion of the 20,188 square foot subject property. 6. June 5, 1970: The existing 20,188 square-foot parcel (i.e., Lot 4-C) was created as part of a 3-lot subdivision (SUB 2854) which was approved by the County. At the time of this subdivision, approximately 10,763 square feet of the larger subject parcel was situated within the CN-10 zoning established in 1967. 7. November 4, 1981: Effective date of Ordinance No. 723 (see Exhibit A of Application) that changed the district classification from Single-Family Residential-10,000 square feet (RS-10) to the Neighborhood Commercial-10,000 square feet (CN-10) zoning district for the 9,425 square-foot portion of the subject parcel. STATE AND COUNTY PLANS 8. State Land Use District: Urban. 9. County Zoning: Neighborhood Commercial-10,000 square feet(CN-10). 10. General Plan Land Use Pattern Allocation Guide (LUPAG) Designation: Medium Density Urban (mdu) and Low Density Urban (ldu). 11. Hilo Community Development Plan (CDP): The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the parcel area as Neighborhood Commercial. 12. Special Management Area (SMA): The Special Management Area is a part o f the Coastal Zone Management Program and regulated by the County. The site is located over 2 miles from the nearest shoreline and is not situated within the SMA. -3- DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 13. Subject Property: The subject, 20,188 square foot property is rectangular is shape and generally level with a slight incline to the west. It is currently vacant of any improvements and has been completely grubbed and graded with only grass planting and some trees along the property line to the south. 14. Surrounding Zoning/Land Uses: Surrounding properties in the general area are zoned RS-10, RS-15, and CN-10. Within the "commercial core" zoned parcels (CN-10) a store, apartment complex, retail and business offices, a gas station, food establishments personal services as well as residential uses are found. Residential properties are predominantly to the east. 15. Public Utilities and Services: The applicant states that all supporting utilities and services are available to the subject parcel. Access to Kino`ole Street from the property will be constructed in accordance with the Department of Public Works standards and requirements. County water service is available to the subject parcel via a 6-inch waterline located within Kino`ole Street. According to the Department of Water Supply (DWS), the nearest fire hydrant capable of providing fire protection to the subject parcel is not within the distance required per the DWS standards. The existing waterline fronting the parcel is inadequate to provide 2,000 gallons per minute of flow as required for fire protection per the DWS Water System Standards. The applicant is encouraged to contact the Fire Department to determine fire protection requirements or alternatives. AGENCIES' COMMENTS 16. State Historic Preservation Division (SHPD): Planning Department Exhibit 2 - January 13, 2020 Letter 17. Department of Water Supply: Planning Department Exhibit 3 - February 8, 2021 Memo 18. State Department of Health: Planning Department Exhibit 4 - March 8, 2021 Memo 19. Department of Public Works- Engineering Division: Planning Department Exhibit 5 - February 9, 2021 Memo APPLICANT'S RESPONSE TO COMMENTS 20. Planning Department Exhibit 6 - Letter dated March 10, 2021 from Daryn Arai (Consultant for the applicant). -4- AGENCIES—NO COMMENTS/CONCERNS 21. Department of Environmental Management- Solid Waste Division and Wastewater Division, Fire Department, Police Department. AGENCIES—NO RESPONSE 22. Department of Public Works- Building Division. PUBLIC COMMENTS 23. As of this writing, the Planning Department has not received any written objections or comments from the public or adjacent landowners on the subject application. -5- Daryn Arai _ Land Use Planning Consultant s ` 'NINC D7-? December 15,2020 REC'D '_._ ' _ ,-;fit.:..;, DFL T:_:777 Zendo Kern,Acting Planning Director County of Hawai`i Planning Department 101 Pauahi Street, Suite 3 Hilo,HI 96720 Dear Director Kern: Subject: Amendment to Change of Zone Ordinance 81-723 re: zoning conditions Delete conditions of approval and retain CN-10 zoning district Applicant: Kelly Kagimoto TMK: 2-2-041: Portion of 075, Waiakea, South Hilo,Hawai`i I am assisting the owner of the above-described property, Kelly Kagimoto, in presenting this request for an amendment to Change of Zone Ordinance No. 81-723,which changed the district classification for a 9,425 square-foot portion of the above-described property into the Neighborhood Commercial-10,000 square feet(CN-10)zoning district. In summary,this request seeks relief from the conditions of approval contained within the ordinance due to existing regulatory controls ensuring orderly development of the property and recognizing that more than half of the property was originally zoned CN-10 as part of the adoption of district zone maps in 1967, about 53 years ago and that the subject ordinance only pertains to a smaller half of the same property. This request also seeks to retain the current CN-10 zoning district established by Ordinance No. 81-723. As required by this amendment request, attached is a letter of authorization to file this request, $250 filing fee and list of surrounding property owners within 300 feet of the subject property. BACKGROUND INFORMATION The subject property, consisting of 20,188 square feet, is situated within the City of Hilo within the Waiakea District near the intersection of Kinoole and Kawailani Streets (refer to Figure 1-Location Map. The City of Hilo zone district map,within which the subject property is located,was adopted as part of the Zoning Code (then Chapter 8, Hawai`i County Code) on March 1, 1967. On this zone district map depicted an area zoned as CN-10 straddling both sides of Kinoole Street, and which included a portion of the current subject property. The location of this r "legacy"CN-10 zoning district is shown on a map in Exhibit A as part of Ordinance No. 81-723, m and further depicted on an aerial image in Figure 2-Aerial Image with Zoning below. The 20,188 square-foot property (Lot 4-C)was created as part of a 3-lot subdivision W (SUB 2854) approved by the County on June 5, 1970 (refer to Figure 3-SUB 2854). At the time -C of this subdivision, approximately 10,763 square feet of the larger property 20,188 square-foot C s property was situated_within the"legacy"CN-10 zoning district established in 1967. X a W P.O.BOX 4501,HILO HAWAII 96720 PHONE:(808)895-3218 EMAIL:DARYN ARAI@OUTLOOK.COM Mr. Zendo Kern,Acting Planning Director Page 2 of 16 December 15,2020 PUUe° :..• '''''' ' " e Grard qt',..4-,,,,!•-,, .46- .,,,,,;.,,,,,,c.t.',,,,,%14...;wg.,..,:'°' -,;(.1..' ,t1.)19 fi,;',4,'" 0--, -- - c'' R , sy ticte 41b,,g,-,,s, ,,,,. ,,4,44.4 ; , %a.% 4, tlo ,. „,. Keaukahz -$ t,--1,-r, .z.p6...,„. ..,;?,...,,,f„..,4ct,,, .0. , --ote Ba Ouse ' ' ,'•yetai,...,-,:tt• 6 •-te*'" ik,.17,i"- 1 Niv 1:-. ,4,1141F-41 . ,._ 1, Do pt,r Bay Hole\,......, jattee Rey's Ohara .:,-, '"7,4 ' -g ^.:k' P•3') Hilo`''.° G •"1 ,, ',•,-,N f-c ti Nanif'34)^`,.f 4-3 ',7-' Cafe Pe5ta - club Hc!rterrat ora ri `''-- TI _ t15"' ixrport , •- Legac, 4*, :.'..",,' +; , .• p kelcuana ,...k ,..., 110, I , Ktkuanac+a Waiakea Sz Z fr, t,. '-.., t; - * Ur ersty of , Hawaii E H c wa mart dife -7,,,,,, Pr rce ili The Home Depot .„....„, Kur o P,aza 12,_,,,,, t 000i N.,Pualnako ST x t y 7., E. WKa.sa"r.-4 R:....z.Hu -are carter ft - ,...., 1•.",-'-"---••••a•..............c.:_ji- —'SUBJECT PROPERTY 4... < 'W:av4a13n'51- f „.., aurum Hae :p. Ho Municipa!Gol Course K rt.s a:H,0 Voir' y 1-1,Vhi,S. `,.../ Figure 1-Location Map Mr.Zen Kern,Acting Planning Director Page 3 of 16 December 15, 2020 y 3 —1,,_'-''Illi- n � ' ' '' '''' li:A.‘ ''''' .,,,,,:-, i i'i .,i'.-.,' :'1,... ",,, 1 `s 'VIA A'�Ati 1 � �... " tzs w qq TS ° 4 �t �r _ i{ III IN®oLE 7REIET l � `� R.-c5` '''. ",-,,,,t,":""'' '''',:',':3",..1::;„- '..,"„:1-.."'"ts-'v;-'l'a't? 3 �: ��'.�� —77,13 h }�^; � � 6.'. .r "'�` Vit c'�' �.: "�d �,rt;r# �� �! ''':',.. .:":7131.:H �`-.., .r. --k-''''''-' ' S ,h. :ai s Lii ; ,� '" ,� k s i a F- a r s xl, ,-,,-t-., �,-, ' a -:^p�� L am' ' `a ice ; n i.' t 7 ,h �.�^,,,b � � t � - .s� ,'A # ii s- � � �,: �y ,a,: - � 3 4 �+� g F1?�yi}d # X� -•-•--!::.! S kr 'A f . ^,- £ S ` 4 f a F C � ' ':4 i. fid , .fix ,tT ''�, ay''� -'4 #� ,n.w-' y *s r v Y �"x +t .g n 6 � � i a4 i xw. y+.r:^, .,,,,,....s.4'11 y3..r' ��" �'x e§ 'w4 .r"',ti w* _,.d s ,g,. .,- +$` 't"4-'- d i r is _r; N_x yy rt+ � � � �. �'' � � � K � 4 Y d'kc ��'-^wax - Figure 2-Aerial Image with Zoning Mr.Zendo Kern, Acting Planning Director Page 4 of 16 December 15,2020 I 11Y E.46 5. Lor C. Gra:71- /074/ //tr4.Iis. -/eJ/O! 0 _ f"s.:i•�rt1 '_." f .0(1 /ll/f/. 7.14 • lrr.ec i i fes'&Ve!DelVeW;:i •Ssnju gi Lor 4-.4 /0,8ee .59.rf. •} LOT 4-8 rt,48Pfg PA Q e.sidencc a°- `Q • " ^ hl 0 •e:moo >.� , �Z bo N '- g�•�-,,.13040':4-I; l-, �1 T;V - s' 9.55.40' .. IT,14 _ 41 i xas-40' -•-. 119.T. �' 6o h i y Ar•oe 1t+ lo.ol ZCS•40•—• L3L.aa k. • =1.w. (H1 j � ' ''ZZo'4o' > �� -QIA ReAceoeci 14. 14 S. •,ti- :.1.>,.. for 4-C ' 20, /1!8 5..=:I. (1 'A t h �I CD 4 U.1 r-. • -, �? ,h : Reside, qq r. F F. N „•f"us•- L42,on 1,Q "Ha1aiZl% �.. O I-, V O i'-, i O y :: -1 Lo T � 4- �q ' .i+r!t- . 4 =4. :q .1/•savh1 „,1.4,40— 0.,0.2-r ,1 u,) v .. t ( I o ' ti 1 i a .:�-.— ,, ... K4 WA / L A IN/t 5:'"/2 ;-. •� l nrcrsik•EDt. (.df IAN. ,. THIS,l'1': �.p.,.,,,:� -C TK WAS PREPARED SY MS No. 115 Olt UNi.Hat MY SUIPEERVISSIIION `'$y '"P' i�. y ,04 . 6: ..it.44.4u� '4WNEQ: (kat dug, /070) I1 *Ira, I/: alar/iq Subdivii,em of lo/ 4, .0/0c.r act . I % *nue/Marline, Waiakesi home. /ead Nouse 4011.5 S 1 WaiMea-uk:+Camp G Gaverinsa//af 6ra/718582 ./o6ea37' liar • Gt Ma/u4/2 Sfreef War akea ,fou/.h Hi/a,Has Dii Ni/o,•Hawaii kale ://act), 40 Peet' umlu! aote lafr .cowGt. Jurvey P.O. PoPlan X BG�ra lm�;/yp.��roci8 r,lyd. AK �aP}(� 2•2 4/;rL ii .reoruaryl &V 96e .. 2 Figure 3-SUB 2854 Mr. Zendo Kern,Acting Planning Director Page 5 of 16 December 15, 2020 m ,, ....,,,,,- -44.i,...e.:,,„.-.,--. ,ii.:„.,-',,7. ,t,,-„LA„...„!:,.4.F....-.- ... -, -„,. . --,',.„,...,7„,,f,_.„:„w,,,r40.-,....,i7,--- .4„, '0" -__‘.1-‘-,:.',;,_1''1.•,:,'', ,--,]--,,,L.,---:-.)„10.71r _.--,..:4„,;..• At'"--t,..-4.1.1wt•-',',•-_,-,,,,-•-:,.-f;L- --,'••••-•.,.lit,,.--,., ,t,.,... 6 t�. in f.; =: '� aKy >-R-4. ••_-'--i-:-,,,-.: t1C t. ,:. ` . 0,4?" W d _ .Y 0 _�., �✓'" • ce . J .. CY f � �A.. meq# ._ • 1 99 .."' ice, C4 om'^w. G'A :+A$ r'1 t . . . ...4„,;-01,,..;„,A,i;,-,',i.,.„,_ .., ..... _, . ic.,., n. 3 1 I � d"" ysf°`+.;r.+, S'�✓,s q p fR 1111 F {at $ W ..o c -f ti, _...- . :x _ is • f • i .. , - - #. rrv 'may ��� R- Id . '' , :,- 41 :w.,i,„:014.,..„&) ow. ,...,... 40...„ . _ .... ....„ , ,.1 : ..„....„,,. 44„..,.;„.,_ go._ .,. bip: __.„1. ... . + Y_. ---_.-_._ z Figure 4-General Plan LUPAG Map Mr. Zendo Kern,Acting Planning Director Page 6 of 16 December 15, 2020 In 1981,via Ordinance No. 81-723 (refer to Exhibit A),the Hawai`i County Council approved a change of zone for a 9,425 square-foot portion of the property from a Single Family Residential (RS-10)to a CN-10 zoning district in support of a proposed 16-unit apartment complex and laundromat(refer to Figure 5-Original apartment site plan), subject to a number of conditions of approval placed upon the original applicant and landowner, Beretania Properties, Inc., to ensure timely development of the property. This rezoning was largely supported since more than half of the property directly fronting Kinoole Street was already zoned CN-10 through the adoption of the zone district maps in 1967 and is supported,then and now,by the General Plan as shown above on Figure 4-General Plan LUPAG Map that depicts the subject property and immediately surrounding area for Medium Density Urban uses,which allows for commercial uses. A search for Beretania Properties, Inc. could not locate this company and through successive ownership of the property with the most recent being in 2019, Beretania Properties, Inc. no longer has any ownership interest in the property. The property was never developed as an apartment complex as originally proposed back in 1981. Therefore,the deadlines associated with the conditions of approval of Ordinance 81-723 have long since lapsed and the prospect of developing the property for commercial uses is hampered until such time the zoning conditions of approval are amended by the Hawai`i County Council. NATURE AND PURPOSE OF SUBJECT REQUEST The Applicant is requesting that all conditions of approval associated with Ordinance No. 81-723 be deleted and that the CN-10 zoning district established by this ordinance upon a 9,425 square-foot portion of the larger 20,188 square-foot property be retained so that the entire property can be developed for commercial uses permitted within the CN-10 zoning district. The purpose of this request is to delete conditions of approval that was originally intended to specifically compel the original landowner and applicant, Beretania Properties, Inc., to complete development the property for commercial uses in a timely manner, more specifically,within four(4)years from the effective date of Ordinance No. 81-723 or November 4, 1985. As Beretania Properties, Inc. was not able to proceed with the development of the subject property and is apparently no longer in existence as a company, the conditions of approval have not been satisfied and the ability of the current landowner,Kelly Kagimoto,to develop the property for commercial uses remains in limbo. The Applicant is currently contemplating the development a retail building on the subject property that led her to purchase it in 2019. She currently operates the Kagimoto's convenience store located adjacent to the south of the property within leased space within the historic Ando building. Unfortunately,the discovery of the conditions of approval associated with the partial CN-10 zoning of the property and its status of compliance has now raised doubts about whether she will be able to retain the CN-10 zoning for the makai or"back-half' of the subject property. This revelation after the purchase of the property has forced the Applicant to suspend any efforts to seriously contemplate upon the design of the proposed retail building pending the outcome of this amendment request. Mr. Zendo Kern, Acting Planning Director Page 7 of 16 December 15, 2020 7 11.....* • .: _iy I ✓/.t t,,.. l 141'^ —y-- , t, z 1L , I IR <� �� ,exisTt 614-to .. •. ON DlVW TI ,, rA I r 1111 ✓✓ A Z J 9ftI Ai- , - i' l;, ' b - s -- A x. ' REZONING REQUEST L FROM RS-10 TO CN-10 y k..olr s + OF 9425 SQUARE FEET0 j CONTAINING AN AREA "^ . s w 1 �_ � , n0n It ' 4- I Tia ' ;a Figure 5-Original 1981 apartment site plan Mr. Zendo Kern,Acting Planning Director Page 8 of 16 December 15,2020 The reason for seeking the deletion of all conditions of approval within Ordinance No. 81-723 and retaining the CN-10 zoning is to promote the development of the entire 20,188 square-foot property for commercial uses and to eliminate conflicting regulatory controls over portions of the same property,namely the Kinoole Street-fronting portion maintaining a legacy CN-10 zoning that is not encumbered by any conditions of approval, and the rear portion encumbered by Ordinance No. 81-723. Primary justification in support of this request are existing regulatory controls that are already in place to ensure orderly development of the property, rendering all of the existing conditions of approval as simply redundant. The Applicant presents, further below, all conditions of approval within Ordinance No. 81-723 along with statements of position on why the deletion of these conditions are appropriate, in this particular and unique situation. Conditions of Approval within Ordinance No. 81-723 along with Statements of Position: A) that the petitioner, Beretania Properties, Inc., shall be responsible for complying with all of the stated conditions of approval; Applicant's Statement of Position: this condition places compliance with all conditions of approval within Ordinance No. 81-723 solely upon the original owner and applicant, Beretania Properties, Inc. and not upon any successor or assigns, as is now typical in zoning ordinances adopted by the Hawai`i County Council. As currently constructed, this strictly worded condition would prevent any successor owner of the property from exercising reasonable opportunities to secure the necessary approvals to develop the property for commercial uses. B) that plans shall be submitted and Final Plan Approval, in accordance with Chapter 8 (Zoning Code), Hawaii County Code, secured by the Planning Department for the proposed development within one(1)year from the effective date of the change of zone; Applicant's Statement of Position: the Kinoole Street-fronting portion of the subject property, consisting of approximately 10,763 square feet, maintains a"legacy"CN-10 zoning so designated by the adoption of the City of Hilo District Zone Map in 1967 and maintains no conditions of approval. Given the relatively small size of the 20,188 square-foot property and the fact that more than half of it is not subject to conditions of approval,there is no significant public purpose or welfare concerns associated with simply aligning Ordinance No. 81-723 to afford the same regulatory opportunities for the "back-half'of the subject property as that exists for the"front-half'. Mr. Zendo Kern, Acting Planning Director Page 9 of 16 December 15, 2020 C) that construction commence within one(1)year from the date of receipt of Final Plan Approval and be completed within two (2)years thereafter; Applicant's Statement of Position: same discussion as offered for Conditions A and B above. D) that access to the property shall meet with the approval of the Department of Public Works; Applicant's Statement of Position: this condition is redundant, as it recites requirements already enforced by the County of Hawai`i through Chapter 22,Article 4 of the Hawai`i County Code, more specifically Section 22-4.8(a)which states that, "No County street shall be used for ingress or egress to a property without a properly located and constructed driveway approach." Regarding improvements along the street frontage of the subject property,please note that there are no sidewalks along the makai side of Kinoole Street directly fronting other similarly zoned commercial properties on either side of the subject property. The existing Kagimoto's store directly adjacent to the south utilizes its street frontage as an active parking area,that could complicate pedestrian movements should sidewalk improvements be required along the street frontage of the subject property. The adjoining property to the north maintains a similar"legacy"CN-10 zoning and is therefore not subject to any sidewalk improvements. Please refer to Figures 6, and 9 showing the existing Kinoole Street conditions along the front of the subject and adjoining properties. E) that the proposed improvements shall be designed in keeping with the existing character of the immediate neighborhood; Applicant's Statement of Position: there are no specific design guidelines established within the particular section of the City of Hilo. Therefore,the Applicant is not aware of what design vernacular should be applied or adhered to. The adjoining Kagimoto's store does have a particular building design typical of late 19th century and early 20th century architecture found in abundance in Downtown Hilo, but contemporary-styled buildings abound on almost every other commercial-zoned property in the immediate vicinity of the subject property, including an apartment building,two gas station complexes and Waiakeawaena Elementary School complex. Figures 6 through 12 below identifies the existing architectural setting and basic urban character of this particular area at the intersection of Kinoole and Kawailani Streets. Mr.Zendo Kern,Acting Planning Director Page 10 of 16 December 15, 2020 (,•• • Ott ' 1 3,dna. �.. ✓'�! .tv+ 7. tool Figure 6-vacant subject property(orange fence). ,n0 S 9 al L • .xti ' y6{ P t.,..r' y,h z't t :-i+ '`r $ 6. a '110K 4" W3 } `r -.jai�+r. ,�.�...�.+�• Figure 7-closer view of subject property Mr. Zendo Kern,Acting Planning Director Page 11 of 16 December 15,2020 . A. -,T d .3m '.r '',� A'`A''' '...:4:14,....,,,'.; _ �y�46 ':. .-rte , 1s 1 '{.iR 1.4 1 •',14-,ty e'�'".+Q.`"-! k ms 47 Figure 8-view of adjoining apartment complex north of subject property :04*. a _ -. .4.-'014..?a ,, "t,4 . : , _ _ Yr „s r_— *'4 ..- �& ,*•9'. �N - .-. -. . .7hr - t 'z. �' � ',=:".11,7,,,,e,4 �rff "Y� °,�.a.t'� S�33 �• . ' F�1s �rx Figure 9-looking at adjoining Kagimoto's convenience store to south of subject property Mr.Zendo Kern, Acting Planning Director Page 12 of 16 December 15, 2020 yy '''<,k $ M{ ! ..---� i. . _ __---------"'--- . '1. -illgl--7-- i4,4: ,,k,'" ' . , , 4,..—.,--. _ ___.-,-----' : , litt � x iia, ; y � T ,� llier ilif 4' Al '-+ r I ` - z t I . II I�� 1! , "4 .:7,-'-;/"Z.a rn a tix4 s M e. 1. fi'.4 �- 2. i�y.�u+'--.,��-� �T'�Y��+. fimcf4iar£ -Ix jF .�`" ',T�» � '', �r . e .' Y �' �ih� {' :,,,,...,-,...0,,,-.Tr �i� * d , ��--_-„s4.1,-,,,,,,,,.. ,,,, Ar , ivbq ' , .� � a 'r . a+, � > .«`„tt x ° nx � ;:� te ii �in§" Lrit � iy ;�Fa }a;;; � " ' s - o - �' -rr . a F »1.,.. >.S2.,.` ,y . �+ .4, ,3 � ,v1-',41.: r` 7: - ., �k 0 ;-,- . . Figure 10-former small equipment repair shop adjacent to north of existing Kagimoto's store i _______./ ,, ,:..it---„,„,. .,...„ to J - aMIIIIMMI ! • C I CLQ ltlini;7-‘1„. �. �"V- ~ _ MWit l0 MI ��.{ �" :.;,ST.. _. Wry Ao ■■■ � Figure 11-Texacogas station at northwest g corner of Kinoole and Kawailani Streets Mr. Zendo Kern, Acting Planning Director Page 13 of 16 December 15, 2020 9 ,:e - lI .- 1 �'le 9 ll-=-A -� 5idj' SLI - l -_ FJ t3 t 1 Ia c � ■ !i J , � : � t� .,'SOW :.. -I � P:,r .J v----a'."'`r-___,�• - --- Figure 12-looking at Shell gas station at southwestern corner of Kinoole and Kawailani Streets -ii �•, — - FI� sfy ! „,7 ._:i, V r, i _--- -rte I i ' by � v r _ \ _'l Figure 13-looking south along Kinoole Street at Waiakeawaena Elementary School complex Mr. Zendo Kern,Acting Planning Director Page 14 of 16 December 15,2020 F) that the General Plan density guidelines of a maximum of 24 percent ground cover and 28 percent paved parking area, and a minimum of 48 percent landscaping/open space shall be complied with; Applicant's Statement of Position: these particular guidelines no longer exist within the General Plan. Open space is regulated by the Zoning Code through minimum yard setback and maximum height requirements; minimum parking requirements are also regulated by the Zoning Code, and landscaping requirements are administered through Planning Department Rule No. 17 regarding Landscaping. G) that the sewage requirements of the appropriate governmental agencies shall be complied with; Applicant's Statement of Position: the subject property and this particular area within the City of Hilo is not serviced by a public sewer system. An individual wastewater treatment system, regulated by the State Department of Health through its Wastewater Systems rule (Title 11, Chapter 62, Hawai`i Administrative Rules). H) that all water runoff generated by the proposed development shall be disposed of by a drainage system acceptable to the Department of Public Works; Applicant's Statement of Position: water runoff caused by development of the subject property will be regulated by the County of Hawail through its Erosion and Sedimentation requirements within Chapter 10 of the Hawaii County Code and in accordance with the Department of Public Works Storm Drainage Standards. If applicable,the State Department of Health-Clean Water Branch through its National Pollutant Discharge Elimination System (NPDES)requirements may also be part of the overall review and approval process related to development-generated runoff and its proposed disposal. I) that all other applicable rules, regulations and requirements be complied with. Should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate designation may be initiated. Applicant's Statement of Position: given that more than half of the property maintains an existing CN-10 zoning that has existed for more than 53 years,the Applicant would like to assume that maintaining the CN-10 zoning for the remainder of the property covered by Ordinance No. 81-723 is appropriate due to its consistency with the General Plan and the existing commercial land use pattern at this major intersection within the City of Hilo. Mr. Zendo Kern,Acting Planning Director Page 15 of 16 December 15,2020 SUMMARY In addition to demonstrating the opportunity for orderly commercial development of the subject property through existing government regulations,the Applicant submits that maintaining the 9,425 square feet of CN-10 zoning within the subject property and allowing for the entire 20,188 square-foot property to be developed in its entirety for commercial uses is an appropriate land use pattern within this part of the City of Hilo, as demonstrated by the Medium Density Urban designation by the General Plan. Adjacent properties on either side are currently zoned CN-10, as it is for properties located directly across Kinoole Street. A store, apartment complex,retail and business offices, gas stations, food establishments,personal services and residential uses are all located within this"commercial core"that is defined by the intersection of Kinoole and Kawailani Streets. All supporting utilities and services are available to the subject property. Access to Kinoole Street will be constructed in accordance with Department of Public Works requirements and standards. County water service is available to the subject property via a 6-inch waterline situated within Kinoole Street. While water availability for commercial uses is typically not an issue within the City of Hilo,water demand calculations and on-site fire suppression measures must be provided to the Department of Water Supply before water commitments are issued for any commercial development of the property. Electricity,telephone and cable services are readily available. Wastewater will be disposed of within an individual wastewater system, such as a septic system,to be developed in conformance with State Department of Health requirements. Kinoole Street is a major collector roadway, capable of accommodating any traffic volume and movements generated by a retail complex anticipated to be built upon the subject property. The relatively small size of the property at less than '/2-acre will limit the size of any commercial establishment,thereby having a similar limiting effect on traffic and other demands anticipated to be placed upon public infrastructure systems. While the County may contemplate the need to impose typical conditions of approval associated with more recent rezoning actions, such as fair share,affordable housing and unified impact fee requirements,the Applicant assumes that such impositions can only affect the portion of the property actually encumbered by the ordinance,thereby raising into question the overall effectiveness and proportionality that such requirements may have upon the overall reasonable use of the property given its historical and unique characteristics. While single or multiple family residential uses upon the property are not being currently considered,the future administration of such housing-related requirements upon the property should be carefully contemplated. Mr. Zendo Kern,Acting Planning Director Page 16 of 16 December 15, 2020 Thank you for your consideration. Please feel free to contact me should there be any questions or need for additional information. Sincerely, DARYN ARAI Land Use Planning Consultant Enclosures: Exhibit A-Ordinance No. 81-723 Letter of Authorization List of Surrounding Property Owners $250 filing fee cc w/enclosures via email: Kelly Kagimoto BILL NO. 779 f rNDED) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 723 AN ORDINANCE AMENDING SECTION 7.29 (THE CITY OF HILO ZONE MAP) , ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-l0) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-41:PORTION OF 75. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 7.29, Article 2, Chapter 8 (Zoning Code) , of the Hawaii County Code, as amended, is further amended to add a new subsection, to read as follows: "7.29 (pppp) . The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial (CN-10) : Beginning at a pipe in concrete at the southeast corner of this parcel of land and on the westerly side of Lot 3-A, Block 602 of Waiakea Homestead Houselots, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 11,403.60 feet south and 9,707.30 feet east and running by azimuths measured clockwise from True South: 1. 85° 40' 112.86 feet along Lot 2, Block 602 of Waiakea Homestead Houselots; 2. 175° 40' 83.51 feet in Lot 4-C; 3. 265° 40' 112.86 feet along Lot 4-B to a pipe in concrete; 4. 355° 40' 83.51 feet along Lot 3-A to the point of beginning and contain- ing an area of 9,425 square feet or 0.2164 acre. All as outlined in red on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. This subsection is conditioned upon the following: (A) that the petitioner, Beretania Properties, Inc. , shall be responsible for complying with all of the stated EXHIBIT A conditions of approval; (B) that plans shall be submitted and Final Plan Approval, in accordance with Chapter 8 (Zoning Code) , Hawaii County Code, secured by the Planning Department for the proposed development within one (1) year from the effective date of the change of zone; (C) that construction commence within one (1) year from the date of receipt of Final Plan Approval and be completed within two (2) years thereafter; (D) that access to the property shall meet with the approval of the Department of Public Works; (E) that the proposed improvements shall be designed in keeping with the existing character of the immediate neighborhood; (F) that the General Plan density guidelines of a maximum of 24 percent ground cover and 28 percent paved parking area, and a minimum of 48 percent landscaping/open space shall be complied with; (G) that the sewage require- ments of the appropriate governmental agencies shall be complied with; (H) that all water runoff generated by the proposed development shall be disposed of [on-site] by a drainage system acceptable to the Department of Public Works; and (I) that all other applicable rules, regulations and requirements be complied with. Should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate designation may be initiated. " SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, Cs, NTY OF HAWAII Hilo, Hawaii Date of Introduction: October 7, 1981 Date of Adoption: October 28, 1981 Effective Date: November 4, 1981 -3- • w • 1t L r$.L ! " tispf r } ,.,, it � � . lit £ f E 1t # _ x ` OLS S:T i E s: 1 NI.: N fir= . .+ 0 7. ' 4 a ' ' " . , ' f ? P J l'l ''.'",',....'4...1.4. ..N.-....7.....1. . . 1:3 $ .# 1✓# 1 'c'a, ' It s 1 c o r-ut: f ......s:.....,t...tr..1:i.ii..,.e........::.•-...t.A...4....Te. .11.t,..4•:...'...H.N.-...--.13.::1.....;•...•....m.r....-..:-..H.'. .t:,./14:00......"::.... .1,.;-,'....6:7:-.1.,01-'''', ....t,,,i..e.r-,....;. ..,..,"..7<c.............i.'.^'''..L,: t,, :•ii,t..1.............-. .i. :•••!...1 re►rt = ,urrc taE<= t,qtt1N/aaNCrl3L✓! 3" I c TtP:s :: d £+osR; rsr ,.bra, 3"? 1 Hilo, Hawaii Hilo, Hawaii Date: October 7, 1981 Date: nctnhPr 2R, 19R1 FIRST READING SECOND & FINAL READING AYES NOES IA/E AYES NOES A/E DahlbergX Dahlberg X De Luz X De Luz X Domingo x Domingo X Fujii X Fujii x Hale X Hale x { Kawahara X Kawahara X Lai X Lai X Schutte X Schutte x Chr. Yamashiro Chr. Yamashiro X X 9 0 o 9 0 0 Publication Date: OCT 1 3 1981 Publication Date: We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. I . id- 1111 1-----(yk) ! . . / cil Chai ng(1.4I Cc. ,- (fes %. / r 281 County Clerk Approved/D' d this I/./11.-,' y of ,0_1„.4....„,,q, , 19 _. AMENDED Bill No. 779 (REVISED) '0 ..__ Reference: C-470/PC-59 Mayor, Coun y of Hawaii M.B. No. _ Ord. No. 723 LETTER OF AUTHORIZATION To Whom it May Concern: 1, Kelly Kagimoto, owner of that certain property identified as TMK: (3) 2-2-041: 075, hereby authorize Daryn Arai, a land use planning consultant,to assist me and act on my behalf on all manners relating to the request to amend Change of Zone Ordinance No. 81-723 that was filed with the Planning Department on or around December 15, 2020. id • Kelly Kagimoto i SUZANNE D.CASE CHAIRPERSON DAVID Y.IGE '1!:...-92-*,� BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII 'A.I' y 1959 p''.� COMMISSION ON WATER RESOURCE MANAGEMENT y �i ROBERT K.MASUDA r i! C FIRST DEPUTY r E and Not ii• Ii�1I M.KALEO MANUEL r .., ai q- DEPUTY DIRECTOR-WATER..,,,:„ p Ea J' •ti... ..., BOATING AND OCEAN RECREATION -��,y".�.'v?9•ix"'%' BUREAU OF CONVEYANCES � _� COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS STATE OF HAWAII CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING WG DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORRIIC PREESEREVATTLO Scale of Ha`�di� KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 January 13,2020 . L. ' - Dion Gonzales,Civil Engineer IN REPLY REFER TO: County of Hawai`i Project No.2021PR00019 74-5044 Ane Keohokalole Highway,Bldg.D Doc.No.2101NM04 Kailua-Kona,HI 96740 Archaeology dion.gonzales@hawaiicounty.gov Dear Dion Gonzales: SUBJECT: Chapter 6E-42 Historic Preservation Review Amendment to Change of Zone Ordinance 81-723 (REZ 399) WaiAkea Ahupua`a,South Hilo District,Island of Hawaii TMK:(3)2-2-041:075 por. This letter provides the State Historic Preservation Division's (SHPD's) review of a request to amend Rezone Ordnance Number 81-723 (REZ 399) pertaining to the 0.46-acre area.The submittal was received by our office on January 8,2021.The submittal includes photographs of the project area,and a letter to the County of Hawai`i asking to amend the Rezone and describing the project area including aerial imagery and maps. Project Description The property owner,Kelly Kagimoto,is requesting the entire 20,188-square-foot property to become part of the CN- 10 zoning district and is seeking the deletion of all conditions of approval within Ordinance No. 81-723. Currently, only the front half of the property is in the CN-10 zone. The property owner plans to develop a retail store if the other half of the property can be changed from Ordinance No. 81-723 to a CN-10 zoning district. Findings A review of SHPD's records show that no archaeological inventory survey(AIS)has been conducted on the project parcel or vicinity, and that no archaeological historic properties have been identified within the project parcel. The project area is within an urban portion of Hilo and few archaeological resources remain in the area. Additionally, a photograph included in the submittal displays previous ground disturbance throughout the project area. Determination Based on the information provided, SHPD has no objection to the requested amendment to amend Rezone I Ordnance No. 81-723 pertaining to the subject property. SHPD requests the opportunity to review future permit applications involving ground disturbing activities. ® `VI Please contact Nicole A.Mello,Hawaii Island Archaeologist IV, at Nicole.Mello(a�hawaii.gov for any questions or CO ` ` concerns regarding this letter. C..... .42 Aloha, C •— *a&Yowiet o X CL, w Alan S.Downer,PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer SCANNED cc: County of Hawaii Public Works,public works(a,hawaiicounty.gov Alex Roy,County of Hawaii,Alex.rov(a,hawaiicounty.gov IAN 2 2 2021 440! 9385 ,.pF WATERS-_ iC,(:�•• ••GAA; i Oar '•:�� 9 ;49 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII ............. 345 345 KEKUANAO`ASTREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808)961-8050 • FAX (808) 961-8657 February 8, 2021 TO: Mr. Zendo Kern, Director PLANNING DE Planning Department F`H1 PH2: REIM HAND DELIVER FROM: Keith K. Okamoto,Manager-Chief Engineer SUBJECT: Amendment to Change of Zone Ordinance No. 81-723 (REZ 399) Applicant—Kelly Kagimoto (formerly Beretania Properties, Inc.) Request—Amendment to Delete All Conditions Tax Map Key 2-2-041:075 We have reviewed the subject request and have the following comments. Please be informed that there is an existing 6-inch waterline within Kino`ole Street fronting the subject parcel. The Department has no objection to the proposed request; however, prior granting water service, the applicant shall comply with the following conditions: 1. For any development on the subject parcel, the Department will request that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. The water usage calculations should include the estimated peak flow in gallons per minute and the total estimated maximum daily water usage in gallons per day. 2. Upon receipt of the water usage calculations above, the Department will make a determination as to the water commitment deposit amount and prevailing facilities charge,which is subject to change, to be paid. Based on the water demand calculations, the Department will determine the appropriate service lateral and meter size required. a. 4) 3. A reduced pressure type backflow prevention assembly will need to be installed, within five (5) C - feet of the meter on private property. The installation of the backflow prevention assembly must t� be inspected and approved by the Department before water service can be granted. •E c Please be informed that the nearest fire hydrant capable of providing fire protection to the subject t� parcel is not within the distance required per the Department's Water System Standards. The existing C3.. LU waterline fronting the parcel is inadequate to provide 2,000 gallons per minute of flow as required for fire protection per the Department's Water System Standards. The applicant should contact the Fire Department to determine fire protection requirements or alternatives. SCANNED FEB 1 1 2021 . . . Water, Our Most Precious 12esource WaiA bane. . glor, ^ 6 ,,, The Department of Water Supply is an Equal Opportunity provider and employer. L G Mr. Zendo Kern, Director Page 2 February 8, 2021 Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy— Ms. Kelly Kagimoto Mr. Daryn Arai %P:•v 199 r � DAVID Y.IGE �• 4� ®;° GOVERNOR OF HAWAII -s '- rt�-. ELIZABETH A.CHAR,M.D. ;, ,tiy � DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH In reply,please refer to File. P.0.BOX 916 HILO,HI 96721-0916 'v%v 'S LSAWNING 2: MEMORANDUM MAR 9 7021FrA: RFCTD HAND DELIVER! DATE: March 8, 2021 TO: Mr. Zendo Kern Planning Director, County of Hawaii r FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No. 81 723 (REZ 399) Applicant: Kelly Kagimoto (formerly Beretania Properties, Inc.) Request: Amendment to Delete All Conditions TMK: 2-2-041:075 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on January 14, 2021. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance a G) * Any project and its potential impacts to State waters must meet the State's: 0 1) Antidegradation policy, which requires that the existing uses and the level CO of water quality necessary to protect the existing uses of the receiving a ' State water be maintained and protected; a 2) Designated uses, as determined by the classification of the receiving State .� waters; and L� 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], * A Section 401 Water quality Certification (WQC) is required if your project/activity: Requires a federal permit, license, certificate, approval, registration, or SCANNED Statutory exemption; and MAR 0 2021 May result in a discharge into State waters. The term"discharge"is 4 3/197,),/,1 - MAR 1 6 2021 Zendo Kern March 8, 2021 Page 2 of 4 defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Examples of"discharge" include,but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water: solid waste,rock/sand/dirt, heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH)Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.2:ov/epermit/. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: http://health.hawaii.gov/cwb/. • National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through (ix) and(xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include,but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides,rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction Zendo Kern March 8, 2021 Page 3 of 4 activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/eperinit/. A Notice of Intent (NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. The NOI is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55,Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http://health.hawaii.gov/cwb/. • According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement • Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities,please visit: www.hawaii.gov/doh/pollutedrunoffcontrol. If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering Section, CWB, at(808) 586-4309. Zendo Kern March 8, 2021 Page 4 of 4 Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. We recommend that you review all of the Standard Comments on our website: hap://hawaii.gov/health/envit 'nmental/env-planning/Ianduse/Iandu e.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: February 9, 2021 /ltelo'f A1ailt CDH PLANNING DEF FEB 10 2021 PH3:: PEC'D HAND DELIVERE TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Divisk7J \� SUBJECT: AMENDMENT TO CHANGE OF ZONE ORD. No. 81-723 (REZ 399) Applicant: Kelly Kagimoto (formerly Beretania Properties, Inc.) Request: Amendment to Delete All Conditions TMK: 2-2-041:075 We have reviewed the subject request forwarded byyour memo dated January 11, 2021 and provide the following: Deletion of the following conditions under the Department of Public Works jurisdiction would still be required as they are standard requirements of the County code: • Condition D — access to the property would require a permit to work within the County right-of-way, • Condition H - development of a commercial property requires a drainage report that exhibits the increase runoff being mitigated onsite. Questions may be referred to Robyn Matsumoto at 961-8924. • L Q. ill SCANNED FEB 9'i 621 4/. oy 9 Daryn Arai Land Use Planning Consultant +1:asEG Pi :_t43;;.4. March 10, 2021 Mr. Zendo Kern,Planning Director County of Hawai`i Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Director Kern: Subject: Response to Agencies' comments regarding Amendment to Change of Zone Ordinance 81-723 Request: Delete all conditions of approval Applicant: Kelly Kagimoto (formerly Beretania Properties, Inc.) TMK: 2-2-041: Portion of 075, Waiakea, South Hilo, Hawai`i This letter will attempt to respond to comments received from consulting agencies that have reviewed the above-described amendment request. We appreciate these comments being provided to the Applicant. DLNR-Historic Preservation Division(letter dated January 13, 2021) Applicant is pleased to receive no objections to the request from the Historic Preservation Division. The Applicant reassures the County that should any inadvertent archaeological resources be encountered on the subject property during site preparation or construction activities, all work will immediately stop and the Planning Department immediately notified. On-site work will not commence until clearance to do so is received from the Planning Department. O. Fire Department(memo dated January 14, 2021) Qd Applicant is similarly pleased to receive no objections to the requested amendments from a) the Fire Department, and will commit to working with this agency during the designE W process to ensure that adequate fire protection measures are incorporated within the a� ;0 proposed retail facility to compensate for the lack of a fire hydrant in the immediate area D and the inability of the existing water system to support the installation of a new hydrant. W SCANNP P.O.BOX 4501,HILO HAWAII 96720 MAR 1 2 202 E PHONE(808)895-3218 EMAIL DARYN ARAI@OU'rLOOK.COM Mr. Zendo Kern, Planning Director Page 2 of 2 March 10, 2021 Department of Water Supply (memo dated February 8, 2021) Applicant appreciates receiving confirmation that water is available to support the property via an existing 6-inch waterline within Kinoole Street. Should the amendment request be approved, the Applicant will comply with the requirements of the Department of Water Supply (DWS)that includes: 1. Providing estimated maximum daily water usage calculations,prepared by a Hawaii- licensed engineer, for review and approval by DWS; 2. Upon determination by DWS of the required water commitment deposit amount and prevailing facilities charges,remit these payments typically within 6 months from the date of approval of the amendment request, but no later than the filing of an application for Plan Approval of the proposed retail facility; 3. Install a reduced pressure-type backflow prevention assembly at a location meeting with the approval of DWS prior to the issuance of a certificate of occupancy for the proposed retail facility; and 4. Coordinate with the Fire Department during the design of the proposed retail facility to ensure that appropriate fire protection measures are provided to compensate for the lack of a fire hydrant in the immediate area and the inability of the water system to support the installation of a new hydrant. Department of Public Works (memo dated February 9, 2021) During design and permitting processes associated with the development of a retail facility on the subject property,the Applicant will secure the necessary permit to perform work within the Kinoole Street right-of-way in order to install a new driveway to the subject property, as required by Chapter 22, Article 4 (County Streets) of the Hawai`i County Code. A drainage report will be prepared by a Hawaii-licensed civil engineer as part of construction drawings to be prepared for the proposed retail facility, in satisfaction of the requirements of Chapter 10 (Erosion and Sedimentation Control) of the Hawai`i County Code. We hope that we have adequately responded to the respective agencies. Please feel free to contact me should there be any questions or need for additional information. Sincerely, DARYN ARAI Land Use Planning Consultant cc via email: Kelly Kagimoto RKagimoto_AmendREZ3 99_3_202 1 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KELLY KAGIMOTO AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 723 (REZ 399) Upon careful review of the request to amend Ordinance No. 723, the Planning Director is recommending that a favorable recommendation be forwarded to the County Council to delete all conditions of Ordinance No. 723. 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 is requesting to delete all conditions of Change of Zone Ordinance 723 while retaining the current zoning district established by the ordinance. Ord. 723 changed the district classification for a 9,425 square-foot portion of the 20,188 square foot subject property from the Single-Family Residential-10,000 square feet (RS-10) zoning district to the Neighborhood Commercial-10,000 square feet (CN-10) zoning district to align with the zoning of the remainder of the property. The approved rezone was subject to a number of conditions of approval placed on the original applicant and landowner to ensure timely development of the property. The applicant is currently contemplating the development of a retail building on the subject property that led to the purchase of the parcel in 2019. The applicant currently operates the Kagimoto's convenience store located adjacent to the south of the property within leased space of the historic Ando building. The unique issues relating to the status of the rezone and permitted uses has forced the applicant to suspend any efforts to design and pursue a potential retail building until this rezone request is completed. As previously stated, the Planning Director is supportive of the deletion of conditions as this rezone ordinance covers only half of the subject parcel. This unique situation has led the property owner to suspend development until this matter can be resolved. The following outlines the criteria for granting a rezone amendment: 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 1 are not the result of their fault or negligence. In 1981, via Ordinance No. 723, the Hawaii County Council approved a change of zone for a 9,425 square foot portion of the subject property from a Single-Family Residential-10,000 square feet zoning district to a Neighborhood Commercial-10,000 square feet (CN-10) zoning district in support of a proposed 16-unit apartment complex and laundromat applied for by the previous owner, Beretania Properties, Inc. The rezoning was largely supported since more than half of the subject parcel directly fronting Kino`ole Street was already zoned CN-10 through the 1967 zone maps and was supported by the General Plan designation that depicts the subject property and surrounding area for Medium Density Urban (mdu) uses. A search for Beretania Properties, Inc. found no current ownership of the property, nor any interest in future development. The property was never developed as an apartment complex as originally proposed in 1981. Therefore, the deadlines associated with the conditions of approval of Ordinance 723 have long since lapsed and the prospect of developing the property for commercial uses is hampered until such time the zoning conditions of approval are amended by the Hawai`i County Council. The purpose of this request is to delete conditions of approval that were originally intended to specifically compel the original owner and applicant, Beretania Properties, Inc. to complete the development of the property for commercial uses. As Beretania Properties, Inc. was not able to proceed with the development of the subject property and is apparently no longer in existence as a company, the conditions of approval have not been satisfied and the ability of the current landowner to develop the property remain in limbo. The primary goal of this amendment is to promote the development of the entire 20,188 square foot property for commercial uses and to eliminate conflicting regulatory controls over portions of the same property; namely the Kino`ole Street-fronting portion that maintains a legacy CN-10 zoning designation and that is not encumbered by any conditions of approval. Granting of the amendment 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. 723 have not changed as approximately half of the subject parcel has a legacy CN-10 zoning designation. -2- The current zoning (CN-10) 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" The proposed future commercial development that the applicant has alluded to for this parcel will align with the existing commercial development located around the Kino`ole-Kawailani Street intersection that is designated as CN-10 and within the LUPAG medium-density urban zoning designation. The following list outlines the previous conditions of Ordinance 723 and the justification for the deletion of conditions: A. The petitioner, Beretania Properties, Inc. shall be responsible for complying with all of the stated conditions of approval. This condition places compliance on the previous owner, Beretania Properties, Inc. that no longer holds any interest in the subject parcel. As this business no longer exists, it would be impossible to hold them accountable for complying with conditions. B. Plans shall be submitted and Final Plan Approval, in accordance with Chapter 8 (Zoning Code), Hawaii County Code, secured by the Planning Department for the proposed development within one (1) year from the effective date of the change of zone. The portion of the subject property that fronts Kino`ole Street retains its legacy CN-10 zoning from 1967 and therefore maintains no conditions of approval. The Zoning Code requires Plan Approval be secured for any commercial use in the CN zoning district prior to its establishment, thus Plan Approval will be required for the entire property, even if this condition is deleted. C. Construction shall commence within one (1) year from the date of receipt of Final Plan Approval and be completed within two (2) years thereafter. With out an appropriate development design the applicant is unable to hold to these timing conditions. The mismatched zoning requirements for each half of the same parcel need to be resolved prior to planning development. Staff notes that Plan Approval, along with other construction related approvals will be required once the landowner moves to design the commercial development of -3- the project site. D. Access to the property shall meet with the approval of the Department of Public Works. This condition is redundant and will only be required on half of the subject parcel that is located away from the Kino`ole Street frontage. Additionally, requirements outlined in Chapter 22 of the Hawai`i County Code (HCC), more specifically Section 22-4.8(a), states that"no county street shall be used for ingress or egress to a property without a properly located and constructed driveway approach". Staff also notes that the property to the north of the subject parcel retains a legacy CN-10 zoning designation without any conditions of approval. E. The proposed improvements shall be designed in keeping with the existing character of the immediate neighborhood. No specific design guidelines relating to the "character of the immediate neighborhood" have ever been established or even proposed. It would be difficult for the applicant to adhere to this condition without explicit guidance or design criteria. Additionally, no previous development has been required in this area to comply with these types of guidelines in the CN-10 zoned area. F. The General Plan density guidelines of a maximum of 24 percent ground cover and 28 percent paved parking area, and a minimum of 48 percent landscaping/open space shall be complied with. The listed criteria relating to development of the subject parcel are no longer in line with current standards and practice and no longer exist within the General Plan. Open Space is regulated by the zoning code through minimum yard setbacks and maximum height requirements. Additionally, minimum parking requirements are also regulated by the Zoning Code while landscaping requirements are administered via Planning Department Rule No. 17 (Landscaping). G. The sewage requirement of the appropriate governmental agencies shall be complied with. The subject parcel (and the surrounding area) is not serviced by a public sewer system. An individual wastewater treatment system (IWS) will be required, and approval of the design and construction shall be regulated by the State Department of Health through its Wastewater Systems -4- rule (Hawai`i Administrative Rules (HAR), Title 11, Chapter 62). H. All water runoff generated by the proposed development shall be disposed of by a drainage system acceptable to the Department of Public Works. All stormwater runoff caused by the development of the subject parcel will be regulated by the County of Hawai`i through Ch. 10, HCC (Erosion and Sedimentation) and in accordance with the Department of Public Works Storm Drainage Standards. If applicable, additional regulatory controls will come from the State Department of Health-Clean Water Branch via its National Pollutant Discharge Elimination System (NPDES) requirements and standards. I. All other applicable rules, regulations, and requirements be complied with. Should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate designation may be initiated. Given that half of the subject parcels' CN-10 legacy zoning designation has existed for 53 years, the applicant believes that maintaining the CN-10 zoning for the remainder of the property covered by Ord. 723 is appropriate due to its consistency with the General Plan LUPAG map and the existing commercial land uses surrounding the subject parcel. To return half of the property to the original RS-10 zoning designation would ensure the commercial development is unable to proceed and would not align with the current uses and development of the area. Based on the preceding, the Director is recommending that the conditions of Ordinance No. 723 be deleted in order to bring clarity to the development of this site and to align with existing uses, zoning and General Plan ideals. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Since the subject parcel was rezoned, there has not been any significant land use regulatory change in this area. The current CN-10 zoning designation continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map Medium Density Urban (mdu) designation, which allows for "Village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential- up to 35 units per acre." -5- The subject 20,188 square foot property is rectangular is shape and generally level with a slight incline to the west. It is currently vacant of any improvements and has been completely grubbed and graded with only grass planting and some trees along the property line to the south. The CN-10 zoning and proposed future commercial development is consistent with neighborhood commercial type zoning and uses in the surrounding area, which include the existing Kagimoto's Convenience Store to the south of the subject parcel, gas stations across the street and other commercial uses such as a restaurant which are similarly zoned CN-10. The applicant has stated that the development of a retail building on,the subject site will be developed in accordance with the Zoning Code, including meeting the criteria that promotes expanded commercial services that meet the needs of the local population. Furthermore, the applicant will be required to develop the property in compliance with Final Plan Approval, which will ensure appropriate on-site parking, drainage and landscaping requirements will be met. According to the Department of Water Supply (DWS), county water is available to the site via a 6-inch waterline within Kino`ole Street and the Department has no objection to the proposed request, however, prior to granting water service the applicant shall comply with DWS conditions. DWS has requested that the applicant submit an updated set of water calculations prepared by a professional engineer licensed in the State of Hawai`i for review and approval. Furthermore, the applicant will be required to install a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. Finally, DWS indicated that existing 6-inch waterline within Kino`ole Street is inadequate to provide the required 2,000 gallons per minute flow for fire protection, as per DWS' Water System Standards. Additionally, the DWS recommends that the applicant contact the Fire Department to determine fire protection requirements and/or alternatives. By letter dated March 10, 2021, the applicant stated they will commit to working with the Fire Department during the design process to ensure that adequate fire protection measures are incorporated within the future design of the proposed retail facility to compensate for the lack of a fire hydrant in this area. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements -6- 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; 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 delete all conditions of Ordinance No. 723. In addition, the Planning Director reiterates that this unique rezone amendment request is not typical, and the specific merits of the request were evaluated to determine the best course of action to support consistent zoning while allowing for the applicant to thrive and succeed with a proposed retail/commercial facility within an appropriately zoned district. The accompanying draft bill to amend Ordinance No. 723 is provided for your consideration. Material to be deleted is bracketed and struck through. -7- CKagimotoAmendREZ399.ar-mj j KELLY KAGIMOTO AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 713 (REZ 399) AMENDED CONDITIONS OF APPROVAL [ • . -- . . -- , : - - . . . . - - , - •, •. . . - - . _ . • - - Approval, in acce dance ' . . - : ..- , - . ." -.', - . . . •- ' . • 5-:. - ---- --- . . - - - - . effective date of the change of zone; (C) that construction commence within one (1) year from the date of receipt of Final Plan Approval and be completed within two (2) years thereafter; (D) that access to the property shall meet with the approval of the Department of Public Works; (E) that the proposed improvements shall be designed in keeping with the existing character of the immediate neighborhood; (F) that the General Plan density guidelines of a maximum of 21 percent ground cover and 28 percent paved parking area, and a minimum of 48 percent landscaping/open space shall be complied with; (G) that the sewage requirements of the appropriate governmental agencies shall be complied with; (H) that all water runoff generated by the proposed development shall be disposed of by a drainage system acceptable to the Department of Public Works; (I) that all other applicable rules, regulations and requirements be complied with. Should any of the designation may be initiated.] • COUNTY OF HAWAIIl-f��"" 0��� STATE OF HAWAII jrE•OF N'�P BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 81 723 WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-10)AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2- 041:PORTION OF 75. II BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I.. SECTION 1. Section 2 of Ordinance No. 81 723 is amended as follows: "SECTION 2. [Section 7.29, Article 2,Chapter 8 (Zoning Code), of the Hawaii County Code, as amended, is further amended to add a new subsection, to read as follows:]In accordance with Section 25-8-33, Hawai`i County Code 1983 (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 (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS -1- SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. 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 application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- g to i s - a £ i £ i S £ S f .. -,T'' S SM. Pz T E " .' p 1 H p i 1 1- ( .R' ie.NC A . T H. .S4 ''O c 'tpt. 7 ' THE CIT-7' OF H°°€3 r 1 1 ,. '1't ...� '; „`. � a o;NW C'taEc j (3F `THE .EtSTi't 'T. ;LASS it Tt��N 1--r-i $ L FML ' t l • ` 'T1AL °: it) 'r Nt 't' ,"t`i ?P-ifC3 ••C t`/&t-- `'aE' ' 'C# L., CH4- • 10 `" �e`4. -A t' A, aGuTt°"! ri ' t Hi fi . . . • :l'CF PU4L1.0 *-5=AIQ ?N - .s'UNt ?:, I'yEt! Via- m:�`PlV• DAT . = -1,46v. -4, i s•I. . t"sj4'..77NA1.,./C1s ,.xut't✓1`G5'742 i " 7a. . M'.P.Atkt. ' wrt ,4-T„st t;Nt E A Tlwlr t tT f rrs++ :; - --r PoE ' s�• eta tl. • ..rte �`. II . . . . .... ESleit• " FOR REFERENCE:ONLI�•• . z n r _y.3 .^div c—s KELLY KAG1MOTO ; • • �� :ah� •k W -: AMENDMENT TO „,..,,,„:„..[,,,,.,,,..„ i„....,. CHANGE OF ZONE a ( REZ 399) ; ...... . l t 11 r p � Z ti k 4 { 6- II'c. ft &5Y% CS W b cn � 9 a- 0 r} o 2 t 3 LOCATION MAP APPLICANT REQUEST: OF REZONE ORDINANCE NO . 723 w ( REZ 399) NEIGHBORHOOD-COMMERCIAL F` ce F- z APPLICANT INTENDS TO DEVELOP A "COMMERCIAL BUILDING" ON THE SITE IN THE FUTURE. 0 S — b000 C"--e- L AVENUE piR Mana."1 A.5,2•r a 0A e-A9ar1.r0l.b-,•':E. r✓RE q,N ;016Y /7//3F •-, fla10 Bo oP4+ ,j7„84en /80.00 784P 74.4o i- `.Hc. e 1 7vl.• -"�$ k..%i I /y/.r � I ssoo .9s.00 / '�\ � 7 O (5) •a a7d 3•c r-a PdG1M• i.-_. .cw,t 9-A , MarxM/ O•cnx/ee 8 $ \.� I�I ge°"Lo OMdmo� / „d II A 5oaree elInOViC/o e30/4i1�a'o �eRoweevy, m ,� ae..:s\ \ �I dh•!`-6e meal �f„Wf✓A A•1 Monroe/ �rom-!r.[;7 64•1:"efI7R -T/� He/e%5.9, o\ IGea-r/� I agony I•/r� A.50area roti 0 Tin?M. • Yom f'' C!/,devlO 0 k'evo000, .z 16y 1I q t 4, ti fid!//M. 00 e'Nf ZR u -r/.0 ;?Mary Y q A)0n ihar 0 \ I •A,,111~41 OKATJoh,-/4 ci Marya/,ef a v H. '.m 1\ r/a t0,48k4 R 30 1 -T/E, d m- y -"yr ; 4 ..' i'h \ o p = ris.00 "'g� /ooea¢ p /479o¢i \ 4freof� t°o t'zru1 M• j 0 33„� o p S i otsrolo t*- r ti . N _ *A!. U ti79/06.,!4 $ • //,?oaf N /r,rsof amo v•./ 4\ \ b OW1'Jana-* 6 `�} caro a q, m — :feP • Y OM. 4O JNJ/7 0 0 T Ernest O ' w 7 ra.4. •V 78.IP Ja'r+es �- ,ti;c.I,.al\ 3•A rg/2alfi p @. �+ 5oares 3 Aqu/fir 9oupr \� GR. /098,0 Z ! € 44(a......m . \'•'/ A[W{ L'14,:',7;,.&.,.0M+//e+ee•�•���� et?;-• s eras-rie \ /O,sso L.L •t73 bi I,P9u/eff%Y- �K. '7,ajr `[ti•f psvna : -T/e \� s�oP `?� I/soo w N • �ue f ,61) ti I7n.00 n 71 y H' •T/e® : 0 Asacens KI/ss�tder/ V . •,00/'F: 2/,7594 ` 4�5aO • E `; t/se.//a� .n F,-r�®; Q IV 72/goo.�gf /0000¢44/a�000f v/ooeor.� 2/g000r 13 'sae, " $ e{l.,1 �O PO /aeeo .JAOO � JP.PP IDO PP /JO.OP '' llo.ve [Je.PP "mac." �1 6G.49 89.5! Q' /V0Oo "� ` ' !O -c44in/d, 3 Ja4rs k.(8 I B ;G}•Mys): 4•.. $-C o" '- ® \ y V/ny,i�/.9 L.carbo p�•t,t/n.t1t.�44 errero\� a O *e err�C �•/ Fore-e-",40.1 O £ '`ate : /` m n 4.v{L.w+. ' eir f iW. Mea g(A AJ 1. Caere/Anil r 7e Mirr ,it v s. `j , he fro er '� • .' -- o ro02 neO o 00o f+"m✓^ L// N Ivgro { r tn-9 </�rvey S. TA'ir, o 149 / "rH'g +�K/m 7,-).i 4.1.' /na m / /,7780' ' C ch//then A/s w jre lenE T/E cine. $ 8 /memo - ,edr"-7P. KA g • 15.00 20,227 1 ' ' vI -ts.ee 0 6I�34G,f /�1-eJ4Glf O 0 0 7,4/C40.96`4" p 0 I�8 / LLJ p 1teP /Moo ti% • s4.4� ii • — ,70.00 A 12 • 9slnra6r Nobe 4 ♦ • e ® i',�a� :S.R"a.�•6J O Qho Ba.© W n ay. 4:� I�iB Po F_____ / A. C/K. 29Y/ -,m 1z: G . lora/ p' r o GM. .V4e4 0 z.'v.Coolie) b • 1v� '• 4 p 8 /1760+ 8 4,o,e)o2{ 43,5G0� 0 2/,ro0� �Qy/8grj6 /JOTS: .2 lG,34y6 ; t1r/ilziik43f6 f d /getoo¢ o ZO 627 Pao 0 s.ee 1 , c'rin I62 TP‹,....,-,11 'l'J7 �� �/I 12 irr tQ,� 7 I I 47...:0_1d,-,:, „i 78-.0 csoO t s 9e.Pa = 74.4E k+ �% •as YS B/ ma I.;AGo slog .,-.1.70,5,0 err',gush rtm,ea a/w _.- I4 V,-ioue 0uner6 8/74f STREET 010 IooP 80,,,,,,®14.1. 67 se.00 D000(^-.} /MOP Veto* IT-4,40.1 ,3 i ,as a. g-v��T�,� .! ZD. G 'A I0 p,4 ',4/ 01 e '. C h fad;eo F`ukam".9 8 -�\ eAIM ke Seihlifu/ •1 ,...-, r,r»erb a c n Itr h K,a'atsi-r a g� yawea 1S a Va/enf/ne lacy A. Sia :plot'; F'wf. a -ee„»ifsu S g o {.4,andaro'0/I ao -b.Mone /4444w rata C ore' l gN'ko 4 eo.'o{Cali{.jleAtt., :'? "`s-'•'.`°"` T/.�. rei.r a a r LDare/-7/a, ' Kafe At 1t: a ',►1;,$ , e C Waieu-J/r J O '''• YOD%7imUre ,V1,-. • 1 n .. fi jm 0Car/NO*04/1ma`,: /7,a74 rr 744^11D.�,_ .. �.a -- _ i _ _ ..,.4. - _ 1 -9,,91.6 .90,91. aam,e. - _ I- —--{ s, 4aa2 �"_ 147.44-1;f1.11 _'un 9 tG, 3..PDa,D+763'"{" a .. � Rp'° .-o,occ, - F--'� I --- 0 10,'31 'i401019i 401,,,2 xa,ef J I - l _ 1"1L----T----7-'39f-__ = t ', .:�,9'v,2 7290 'T-010016 )1_-_-- ` - F - _,_ :,1,1-2_,III .,._ ces - _ -- 23010017 3:40,0#40 F 4-_- * L - a2w4,n� I Y-�r' �y Ire -) , t0 05 'Sa414 J )llj 005': \ 401015 \ 11.-----t__--T-2.:.^7:::-1) 4 3<191Dt t6 324510:54 itJ1 - - { .�4DtOt- 4 3_ 4,CC' _ 4_ _ J_'. II I :.e.it '.'siaal,CIOs.;>-- 3<cJ„GE4 � � 4-H _ _ >a0tOC,G 324,101'_-0 90,015 � 41 a` __ D,� r~ ' 7 ` '4{ X44 4 j k � /; lJ I L *� 4,10 9010149 -y - —_1 i<<M11A5 i1/'S 7 0�^77 - )71__ \ u:C1UU53 ?:40100,9 .%•.4*1oaoE _._ _�' _ �� l 1 41',0 414 `‘ z ^ -4011„3 I �.�::'_Ci r-'.it 1 iU -` 1.41ii i2 1 � -�_ � Y;i<ba3� . ,_... _ 301,,, aCt0i F -~ _ 1 '40,1,5] ?:90,Ot46 4�101a F"-�._ '.1 i - ( '� -: /J 3a _1 (((r� 0i4i 7 -_ \ 1 T- I 4 sz a Dsa : ,:x99:,9 I__ 32aG'OO�A �-- ; 1"90191`.3 --> ,.� --�. 1 0 0 32901090E0ai7a. ixNUt.. �.9,C , '=� U it ` 324 d 2KiTD„2 �_ I ff F'- -r--- :: 249?Otis 4 ,�----� .;4104 1 10e''.I -i 43!4 4j .__.:: =._._� ' -Jt,004 40101_ r- .'a0.,z'.. 32209.0 s. _--� pe-i} 11 c^20x100"32:?l+ft4E° - ,.,:�uai.35 .,2 31{t w70 ` - I \ 11L I 32 3I / 1911 3_"94SG 1^01�_9a„� oli 524C101:- li y'99,oGDs sD1aaD322Da,cta �� -y43 7, - � /`! 320420 'I --- 1 _ ,00 I 1 I _ .f' _ \ 1'*2042it10 I 32ii420d3 ,_ � C 10 ---,, G7, , aattoo 1..2542 d 5 1 _ -...- '30;701,4'4ia I I- .8s}3 i o• 9 �f „7 301,0. 's2a0,0,= Fes' ' ` Il :su,?ea-”=c 1,a I I (.....„.,..,,,,,,,11:•,.,2.45 ---�_'..I a^,.a .s i ---i ----:-J---- } V 4. 40*0. sem. 1c, t�- s.{G't0,4 _ ] - 40 3:21,-sUs _I 3'v ��--JJ ., 171-7 LL,a01� G 0.15 7 yAS icy 52_5,5,..- :.,Z-v.,541,.., _. 11 ai� It , �, o 7?90„Dos �a9a,D:x t., 1 II "L-'•77 4.4.41113..0. -:::.L,1J'0 u,.._ .E 3731 ,' U aP 7 _x91''1 P.S 1' I 42:@4_395M1 „DG2 , 91,,99 ` 391,,9 .401 ' /�1 \ _�--�-i ` _. CC 290;1207 37 4f {I y 3:4011796 aUn1e I 4 ”:2::. �0a:.i+E 3ZY; ,,, ii,._- -..s. D,;.51 1� �� - .9_9;;1.,,:9 f '� Ci,J'i ...AUU�-150 � ' o' 90,1.9' --1°U0D9 -3 `i ScaG,tUD' 31119* - .,,.,'2093 -, �i`r:. aJiti.:� _;9G:iG.: {v-01,Me, ':., '-�<.;,,_4.._a Jt,.:(:. ,.. :.- __'<_4� .: __G4 �' _� I %, 7 7'. ."'41 ,� _ . L ' � 1 '' ,. til to ___„:7F , 1 , ,,, ____,,,I___41 \ ,,,,,, , I ', I ',', '' 1 A ,, 1 i, \ /i. T ': ) ,;1 ,'. I 11_,..t ' 1,_---- I .7\---_-L-1--------- ., IE --,---, ______F--,,,,,, 4 :,,,,,,, ,,,. ,,, ,,,, „_____,,-,, ____,_ ,,, -,— ______ „ ,, „, ,, ,\, „,,, , „ , —,, ,,,,,,_____—___,___,t,„,--- , ,„:„.„,„, s,„,„„ ,, „,,, i,___,t ,,, ____„,,,,,, , _ 4,.___,, „,,,, ,, ,,,,, ,„„:„,,,,,, ,,, , ,,,, 40i t1. \ tip • __I ��\ r — --4,-,'-ta 7., , ':1, A '.,-.. ,':, ir.-::::,---'---7-?,-, \ h__ ,, 5-----.-,-------- 1,.. ( `.1 '-, H _i {} % _ `. 44 - -,----ir, ,,,j____?_,J__„_,T__±,L_,,,___---\ --c------)''E ,., y 0 ,-, !,:j ., , ,.:; 1 :',.,, ::,, y-,,:, 1 . y T r_.”-f lI �-7- i„,,� II � i, 'Ih �, il , �I'I it �' _ 1 � \ I [-'- Lam! _ -_--,- _I.i � 77- -1-4:747:-:1---- \ ',', 11 I '`, li „,k \_____!----j-T,JT--17.1-1T- T-'''.;' \_ ''' \ - \r' ::::r. 111101 ___,,1 I \- i'II;H j Li --IHF*11-1 L !,: II, 0 Y II ,,!'''''':,,-'''',N;',I.' '1', I �H11LLLt , ,.: , ,,,, ,, V` , ' ,I`___T__ . ; ,, ,,; „, 1 . . ;„ , :.„ ,,,,,_ ,, 1 fi , „ ,, , !: , i -L - -- T. -----7:; � : Vl I —\ i 442,----1_____-..i.77:— _ »�."`+,. s `ia�` '. i. FCS _.; F !. .r�aa .,:.q, �,z x „ ... 7 !�4%-�' �1 - �,. - �ys�- kE.'� S�/fir it .„;, ,,_,„•=6sXa T0° jig EssEn imilt wirzminu NB6 TTe: vso, t.,77-i-il:„Miagilli 1240 0,1-32401;i0 , -2041155 - ,,,,i,__ i M ' '40101_. -=0at0e2 41035 111° alli 322041114 Fb/� ?-.50tC0 11 '+^b01p14C r2041030 3. .:t0 O9 sii---riii, ._ 14pt0U53 ,-, t 1204101E 140 t 0104.3240101•.' 3'204,0:'. -20410, 0 , rim ims 3_'204404ON 324010142 11108 14010010 -2041062,204;O30 M2041034 �'40a� ,u"20410c% lit3111 J/4010055 "L2Jyt0.2245/5143 - '2341000 .2 O4t =4num WI 401014 0 2 024p10164 -t5404+0.941103' NO -_'L^a9t00 41103 "0417 324010005 40101. 322041013 , grIM 322041033 .0404-^'204sU4- w 'N4'-'; 5112 3"240tpt48.4Ut 019 1264100= f saliWin 1 OS ?-.,. 322044008 .,y.. 324010p68 _ 3.a'b41 Oei J 3;44ot000z >-�d4tot2 ,4ta'-� . 10651 2'204 106' .'^.2041154 . 1, I^ 1 M40,311: 0 ::2041133 O '-'� :06108 14.°'00 5;0p04 � 0'^. 04003 1204'00 111 _ [;. 3:401000' - r` .0t... ' •. IMI .'tOC2a yst OE'. 40410t'� .410532t:::?p^5 :2032555 e 5 32401000t'11 2401000t �,� ,,,42012 - $. 12542a4- 1240 009e - NON WM a _ 4 445 wtt&'A9 T 042010 IIIt "401118' '+3011 Gp 101111011 NOSSQ 32:04:148iI ' I ' 1'20420354011013 40t•03. =14-'0`J"' JI 035 OM:1.- 2aazo,& OM - '34201" ,204203e= ,'^.44011010 c%1311 u:0 .,4.012 . i int ' 1�w11195 111 204200• 11. Oti 155 08 2401;508 32204203? r—,, :;.�. L._ 32401119e rD1,0 40111EIIIM s,'324513 V;"- . i -- --- - - - ., ,. I_ ,.,. ,,,,,,,,,,,.,„ ....,.....,r....,„,,-,,, ;,;"....,,,,,,,,,,,,,,,,,,:, �. ct 40,, ,, *.'., ,: r , „.,1 ,„„, ,1 .r ,,, , , . F f '' „ 0:' - .:.; , t, .i .,„„ ..,v ,,.., . ,„ „ .„..,,,s,0,: .. A,,,,,,,,, _. „ w, .,,, ,,,, ,. .. , .„,,,i,,,v. ,1. 1,„ •i , E., ,„ --,-iv - ;,,,,.5-, , ., ,,,,,,„441„..,„,v.,H ,,,, .,0„ , .,,,, ,, . ...., .,-,;,,. . r t t • li r ,i,,. , , ,. ,,,,,,,,, 4,-,,,,,, ic :: , . .,..„1.4 , , , .,., .,,..tt,.:!•,,t,44:.., :.,,„ :,.., t , . ” ....„ ,.. ..,,, . . .,„.!.. .,"„.....„.4,.,..,,,,„7,1„. , r.,,„ . if",.--,,,,,- ,,,,',1 -",1 if 4 4`fr.,' °d# ..,-..-W:.;,4-#1, .' f',,," , , ,. ,' , A , ire „a Y rix ' \ ,.. : 1 j- . ,,, , °'"%tk.'4 k 4 _ _ -' F 4 f. 4 a - i . .� .6;at4,t, " ''''' '' '''' '' AERIAL PHOTOGRAPH : i ..„1,..,,,,.,,,„ ,;,,,.,,,,..r.-;::..,,,,i::,?::,-!kite , 3 i - '� --- r 09 It - . ` s� O __ f � �O . . Z'j r ,. • 4 - • , 31 4 . A , ..,,..,. - r, , ,--: . ,,,,, . - .0* -.. . -A-,.. ......, .,;, .....,..... .. ,..,,.. ti t ., . -, . i - .., ,,.. _, .... i.,_ , , .... . ;:•._ _ , ,.: ... 1_ m s 3 "S..,,,,,,,,,,,›, [ — C)/ !—''' i s-1.- -- --4-aa-___„., b O P' ->wec — .A.... tom.. a s 6 - . r , 6 "� �t Z -.N-� yes `` — { 1 � ....1. i, kv 4334" I - i I ' t ' ''-' rte" 'IP 1 i 4 1 1 *F TH RP+!P RTY .ENTRANCE •QK1NG NORTH ALONG KINO'OLE ST. " ... „.. T'' . ' ''f-,',,,'*!'„,,,-',• ,„-, ,, .._ , ., .it., . .• . .. . -„. ..„„, .... ...f- , I • l't - '* . ... :...„ . ....,-- • 4 • . - ---, ...„,. ...„, 1' -illi ' • •., •:. _--ii•-„•:.•,,t, 4°''.,-..- * 'I! ' .• A.T. 4. ' .414.4.-'.% -?,'S,44t,:ite:iti-i',' -Z-A4-4Nrz=401,:- .._ . .. , .. ... ,..,. • ,' . . .4, - -- .. ,, :',‘!-. ' .„-------------- I ,.., '..ii,'lit r , - 4.4---„, __ _, "It`-a------ - .-,- f-'--,t•it.--;..-t.„, -.-",, ;446 -A .. • , :.,-.-;3;,...,,,x„.e -4, , -,!,.,__, L - :, v) .:.:,. ..., - ....-..., . .. . . ,-.. , ,. - . _ . ), .. .......4, • ',,,,---.--7- '7 , . . . . . ''' i ' 4111001, 71-•_. ___.........;g , • -i - ..... - liwi'''.''' - . „,„. .-. . f4'. ------.7.'-'''---:'41. . -L---- ' . .. . ._ ,.,...,!..:: ,..-_-- 1 U_I ..,........-- ..J., , ..,:::',,,,-,-.=,,-_-•:-,.,:i-r_.-t:,.."'-:-'',T.:-!--:.---:;,-,:_'::::,-,--,,,;:i..i-kic,,-,..';..,,,,,',.. ......,d,',,-.-.4.-''..z.......1-49C;M7.-kt,ft:,....,K.,.:,,:l'. - '.' • - . ... . . - ii I._ , . .. ... 75 .4 : -' -7,7:11.--..i;-:'''' -'-;-`-''''''''let;tgle‘P*7- '..,-.:.....;?'-.7r;',...*XV;`,,,Z11.4.t.:•- 1:4"4.-..',1-5e,'.: :.''', --:".'- , - 'I4 . ,...,- ---- . - -.-' •- ..v.--1-;:k , ....... . 41.-Af'.10,'....!,`,-:,,,...,,,V*4-7,..-I''',.,:-....--..-0,:"-_Vik---k`,7-'4,.`,-,- . , ,,.........._...gira (,) i.- /..t.-..-4--j.'''' -ilk-.--,`"V', -.1,74 7;.‘.:-,,,,Vr4-'405.f..,i5f.k.-...-.z.:':.;-?--.•'-.---'.'...,,,-,,,.:1V.,-44.`4.--:-'''.).'' '1 .'" .‘ ., „..% ........ . -,. • " - -4., . -,›Tri_.,,I,'•-..-.',,!I+, i.-l.. ..1"- ---,K..140e,A.t-ik.'Cf--='. ' 41' NIt6 ,..,, . ,,-,;:'......,'". . , - • Nitl :„.„.,„, ...,...44uri.,:zint.,,,Q.st.,•,:t,-,-•.:.. „ ,,,..,-,„1„..:.3.--.....,..,, •„- , - ,. , ... • .:_e-._.. 3 - 4.;::,-:-,-',.:',';,,,.7:.27-'-7:FAr . . • , - -. - ,.---2- ii '..• ..,,„,- - -, '-'. ",•• . — - . .5-.1., VIEW OF PROPERTY ENTRANCE LOOKING SOUTH ALONG KINO`OLE ST. ,. ...,.,.,,,,,,5,,,,,... . ,• ,i; , ,-, . , . ., ... . ...,„.,. `,. .'.....LL'.'..,......, ... 'ry. p,V. ,,,, -.•,.. '• ",,, , '',PT'S ,...',1 . . Z O PLANNING DIRCQR'S • £ OMMENDtTION w F • R WARD A • - RECOMMENDATION TO O TH COUNTY COUNCIL FOVA1 ®. O ._ : U W - u �rI. a 81 • NC E NO 723 ( R 0 U w ce M •