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HomeMy WebLinkAboutCOM 0793.000 2002-2004 ASV Oi N4 ~l Harry Kim Dixie Kaetsu Mayor Managing Director Peter L. Hendricks ~~o•'M~~ Deputy Managing Director COUNTY OF HAWAII 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 September 29, 2004 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 04-019) Applicant: WKSP Limited Partnership Request: CN-10 to MCX-20 Tax Map Key: 2-2-32:93 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely,, ry K Mayor Enclosures cc: Planning Department OW 341q ~ Hawaii County is an Equal Opportunity Employer and Provider Comm. No. 19_ Ref. To: Ref. Late 4°~y V c~ Harry Kim May., oi•w'.•N~ County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 e Hilo, Hawaii 96720-3043 (808) 961-8288 a Fax(808)961-8742 September 29, 2004 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 04-019) Applicant: WKSP Limited Partnership Request: CN-10 to MCX-20 Tax Map Key: 2-2-32:93 The Planning Commission, after a duly held public hearing on September 16, 2004, voted to recommend for your approval the proposed legislative bill to change the district classification for 59,356 square feet of land from a Neighborhood Commercial - 10,000 square foot (CN-10) to an Industrial Commercial Mixed - 20,000 square foot (MCX-20) district. The property is the site of the existing Waiakea Kai Shopping Plaza located at the northwest corner of Kanoelehua Avenue (State Highway 11) and Kuawa Street, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a change of zone from Neighborhood Commercial 10,000 square feet (CN-10) to Industrial-Commercial Mixed 20,000 square feet (MCX- 20) for approximately 59,356 square feet of land to utilize the property more intensively for commercial and light industrial uses. The applicant did not state any specific use for the proposed request. The current CN-10 zoning limits the scope of commercial uses. The CN-10 zoning was appropriate when there was the town of Waiakea Kai, as there were dwellings in the area. However, over the past 40 years, the residential uses of the surrounding area have all but disappeared. The nearest residence is located over'/4 of a mile from the site, beyond Piilani Street. The area of the request is more light industrial and general commercial in nature. As such, given the absence of a "residential Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 neighborhood" close to this area, the property's zoning has become somewhat functionally obsolete. The surrounding land uses, visibility, and accessibility of this site make it more attractive for more intensive commercial and light industrial uses. However, the existing zoning limits the scope of commercial uses and prohibits any light industrial use, and the complex is underutilized. The proposed MCX-20 zoning would make the site more competitive and compatible with the surrounding land uses. The property is the site of the Waiakea Kai Shopping Plaza, and the existing building will be retained. Improvements will be limited to landscaping and interior renovations. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from Neighborhood Commercial 10,000 square feet (CN-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-20) will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms with the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. The proposed project also conforms to the Land Use - Industrial sub-element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities." The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. According to the LUPAG map, the block bounded by Kamehameha Avenue, Kanoelehua Avenue, Kuawa Street and Kalanikoa Street is Medium Density Urban. This block includes the Waiakea Kai Shopping Plaza fronting Kuawa Street and Ken's House of Pancakes fronting Kamehameha Avenue. South of Kuawa Street, the area fronting Kanoelehua Avenue on the west (mauka) side is Industrial on the LUPAG. In other words, Kuawa Street is the dividing line between Medium Density and Industrial on the LUPAG map. The parcel immediately adjacent to the Waiakea Kai Shopping Plaza on Kuawa Street - the former American Trading Co. warehouse, now used for Thy Word Ministries - is zoned ML although it is in the "Medium Density" block on the LUPAG map. All of the existing uses in the block would be allowed in either the MCX or CN zoning. The MCX, or mixed industrial-commercial zoning district, was added to the Zoning Code in 1996 after the enactment of the General Plan in 1989. The practice has been to consider MCX as consistent with the Industrial designation on the General Plan, rather than the Medium Density or High Density designations, because the intent of the Zoning Code amendment seemed more to allow some commercial uses within "light industrial" areas, rather than more "light industrial" in commercial areas. The MCX zoning can be attractive to landowners because it provides a somewhat broader range of uses than either the ML or CN zones. Commercial uses not allowed in CN that are allowed in MCX include indoor amusement and recreation facilities and bars and nightclubs. MCX also allows a range of light industrial uses such as warehousing. The CN zone, on the other hand, allows residential uses, which are not allowed in MCX. Without abandoning the general principle that the MCX zoning should be in Industrial designations, the applicant's rezoning request can be considered consistent with the General Plan map given that the immediately adjacent property is currently zoned ML, the Industrial LUPAG designation is immediately across Kuawa Street, there is MCX zoning across Kuawa Street, and the purpose of this zoning is to expand the range of commercial uses allowed within an already existing commercial building. It should not involve a significant change in the present character or appearance of the property or the general area. It is not adjacent to any homes, businesses, or other uses that would seem incompatible with the change of zone. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 The State Land Use designation for the property is Urban. The Hilo Community Development Plan (CDP), adopted in 1975, suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is a relatively level approximately 59,356-square foot parcel, the site of the Waiakea Kai Shopping Plaza located on the northwestern corner of Kanoelehua Avenue and Kuawa Street. Although the applicant has stated that there are two structures on the site, there is one structure on the property, per staffs site inspection. There are 108 parking stalls, nine compact and two loading zones. The land uses in the immediate area are a mix of commercial and industrial uses. Hilo International Airport is zoned ML-20 and located east/southeast of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. Ken's House of Pancakes is located directly adjacent to the property to the north, and zoned CN-10. The property to the west is zoned ML-10, site of Thy Word Ministries. There are vacant properties to the southwest zoned MCX-20, and Morning Dew (bar) and the former Fiasco's Restaurant and commercial complex are located south of the site and zoned MCX-20. Lands across Kanoelehua Avenue to the east are zoned Open. All utilities and services are available to the site. Access to the project site is proposed from Kuawa Street, which intersects with Kanoelehua Avenue. Kuawa Street has a right-or-way of 60-feet with a curb, gutter and sidewalk section fronting the property. Currently, there are two accesses to the site. One serves as access to six parking stalls, and the primary access is located further to the west on Kuawa Street. Kanoelehua Avenue is a State highway with six lanes with a divided median. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet. The pavement width on one side of the median is over 30 feet wide with sidewalks along the west side of the highway. There is a sidewalk along Kanoelehua Avenue fronting the site. County water is available to the site. The property is connected to the County sewer line. If required, a Solid Waste Management Plan will be prepared. Electricity and telephone services are available to the site. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500-year floodplain. As the site is already fully developed, no professional surveys were conducted of the site. However, the applicant has stated that should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicant will notify the Planning Department. By memo dated August 2, 2004, the Department of Land and Natural Resources Historic Preservation Division has stated that "we believe no historic properties are present because residential development/urbanization has altered the land; thus, no historic properties will be affected by this undertaking." No professional flora or fauna surveys were conducted of the site. However, as the site is fully developed, no rare or endangered floral or faunal resources are on the site. The property is located in an urban setting adjacent to the airport and aviation related uses. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located approximately one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, approval of this change of zone from a Neighborhood Commercial 10,000 square feet (CN-10) to an Industrial-Commercial Mixed 20,000 square feet (MCX-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Fred Galdfines, Chairman Planning7c-ommission Lwksp02PC Enclosures cc: Mr. Sidney Fuke WKSP Limited Partnership Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kong Rodney Haraga, Director/DOT-Highways, Honolulu Hawaii County is an Equal Opportunity Employer and Provider BWKSPRBZAd -9/7/04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WKSP LIMITED PARTNERSHIP CHANGE OF ZONE APPLICATION (REZ 04-019) WKSP LIMITED PARTNERSHIP has submitted an application for a Change of Zone from Neighborhood Commercial 10,000 square feet (CN-10) to Industrial-Commercial Mixed 20,000 square feet (MCX-20) district for approximately 59,396 square feet of land. The property is the site of the Waiakea Kai Shopping Plaza located on the northwest corner of Kanoelehua Avenue and Kuawa Street, Waiakea, South Hilo, Hawaii, TMK: 2-2-32: 93. REQUEST 1. Proposed Development: The applicant is requesting a change of zone from CN-10 to MCX-20 for approximately 59,396 square feet of land to utilize the property more intensively for commercial and light industrial uses. The applicant did not state any specific use for the proposed request. The existing building will be retained. Improvements will be limited to landscaping and interior renovations. (Exhibit A - Change of Zone application) 2. Reasons for the Request: According to the applicant, the current CN-10 zoning limits the scope of commercial uses. The CN-10 zoning was appropriate when there was the town of Waiakea Kai, as there were dwellings in the area. However, over the past 40 years, the residential uses of the surrounding area have all but disappeared. The nearest residence is located over '/4 of a mile from the site, beyond Piilani Street. The area of the request is more light industrial and general commercial in nature. As such, given the absence of a "residential neighborhood" close to this area, the property's zoning has become somewhat functionally obsolete. The surrounding land uses, visibility, and accessibility of this site make it more attractive for more intensive commercial and light industrial uses. However, the existing zoning limits the scope of commercial uses and prohibits any light industrial use, and the complex is underutilized. The applicant believes that with the proposed MCX-20 zoning, the site would be more competitive and ATTACH: C-793 (B-344) compatible with the surrounding land uses. 3. Landowner: American Trading Co., Ltd. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. GP LUPAG Map: Medium Density Urban. 6. County Zoning: CN-10. 7. MCX Zoning: The purpose of the MCX (industrial-commercial mixed use) district is to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. The height limit in the MCX district is 45 feet. The minimum yards in the MCX district are front yards 20 feet, side and rear yards, none, except where the adjoining building site is in a RS, RD, RM or RCX zoned district. Where the side or rear property line adjoins the side or rear yard of a building site in a RS, RD, RM or RCX zoned district, side or rear yard must conform to the side or rear yard requirements for dwelling use of the adjoining district. 8. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. 9. Special Management Area: The SMA is a part of the Coastal Zone Management Program regulated by the County. The project site is located approximately one mile from the shoreline and is not in the SMA. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 10. Subject Property: The property is the site of the Waiakea Kai Shopping Plaza located on the northwestern corner of Kanoelehua Avenue and Kuawa Street. Businesses in the shopping plaza include a Thai Restaurant and several commercial establishments. Although the applicant has stated that there are two structures on the site, there is one structure on the property, per staffs site inspection. There are 108 parking stalls, nine compact and two loading zones. -2- 11. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of commercial and industrial uses. Hilo International Airport is zoned ML-20 and located east/southeast of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. Ken's House of Pancakes is located directly adjacent to the property to the north, and zoned CN-10. The property to the west is zoned ML-10, site of Thy Word Ministries. There are vacant properties to the southwest zoned MCX-20, and Morning Dew (bar) and the former Fiasco's Restaurant and commercial complex are located south of the site and zoned MCX-20. Lands across Kanoelehua Avenue to the east are zoned Open. 12. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava bedrock. 13. Land Study Bureau's Productivity Rating: Urban. 14. Noise Impacts: Existing ambient noise includes airport/aviation use, traffic, wind, foliage, and birds. Short-term noise impacts associated with the project are temporary, and all applicable State rules governing construction noise abatement will be observed. 15. Air Quality: The proposed project should not directly impact air quality in the area. Fugitive dust during construction can be mitigated by compliance with the Department of Health's regulations. The only impact to air quality would be associated with vehicular traffic to and from the site. 16. FIRM: Zone "X", an area outside of the 500-year flood plain. 17. Coastal Hazards: The subject property is located approximately one mile from the shoreline, is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 18. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 19. Visual Resources: As the site is already fully developed, the proposed project will not affect the line-of-sight toward the ocean. 20. Flora/Fauna: No professional surveys were conducted of the site. However, since the -3- property is fully developed, no rare or endangered floral or faunal resources are on the site. 21. Archaeological/Historical Resources: As the site is fully developed, no professional surveys were conducted of the site. The applicant has stated that should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicant will notify the Planning Department. By memo dated August 2, 2004, the Department of Land and Natural Resources Historic Preservation Division has stated that "we believe no historic properties are present because residential development/urbanization has altered the land; thus, no historic properties will be affected by this undertaking." 22. Cultural or Native Gathering Rights: As the property is fully developed, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 23. Traffic: Because Kanoelehua Avenue is a divided highway, left-turns from Kanoelehua Avenue to Kuawa Street is not possible. Only right-in and right-out movements are permitted. The existing improvements mitigate potential traffic impacts. In addition, there is only one primary access in and out of the site from Kuawa Street. 24. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 25. Access: Access to the project site is proposed from Kuawa Street, which intersects with Kanoelehua Avenue. Kuawa Street is a County road with a right-or-way of 60-feet with a curb, gutter and sidewalk section fronting the property. Currently, there are two accesses to the site. One serves as access to six parking stalls, and the primary access is located further to the west on Kuawa Street. Kanoelehua Avenue is a State highway with six lanes and a divided median. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet. The pavement width on one side of the median is over 30 feet wide with sidewalks along the west side of the highway. There is a sidewalk along Kanoelehua Avenue fronting the site. -4- 26. Water: County water is available to the site. 27. Wastewater: The property is connected to the County sewer line. 28. Solid Waste: Solid waste will be handled by commercial haulers. If required, a Solid Waste Management Plan will be prepared. 29. Essential Utilities and Services: Electricity and telephone services are available to the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 30. Department of Environmental Management: Exhibit B - July 13, 2004 Memo 31. Water Department: Exhibit C - August 9, 2004 Memo 32. Department of Land and Natural Resources Historic Preservation Division: Exhibit D - August 2, 2004 Memo 33. Department of Land and Natural Resources Land (Engineering) Division: Exhibit E - July 22, 2004 Memo 34. Department of Health: Exhibit F - July 26, 2004 Memo 35. Department of Transportation: Exhibit G - August 24, 2004 Memo AGENCIES - NO COMMENTS 36. Department of Public Works, Fire Department, Police Department AGENCIES - NO RESPONSE 37. Civil Defense Agency APPLICANT'S RESPONSE TO AGENCIES 38. Exhibit H- August 11, 2004 Letter PUBLIC COMMENTS 39. None -5- APPLICATION FOR COUNTY REZONING (CN-10 to MCX-20) WKSP LIMITED PARTNERSHIP WAIAKEA HOUSE LOTS SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-032: 093 Prepared For: WKSP Ltd. Partnership Prepared By: Sidney M. Fuke, Planning Consultant June 2004 EXHIBIT A CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: WKSP Ltd. Partnership APPLICANT'S SIGNATURE: DATE:, July 1, 2004 ADDRESS: 600 Kapiolani Boulevard, Suite 201 Honolulu Hawaii 96813 LIST APPLICANT'S INTEREST IF NOT OWNER: Lessee LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Sanford Hasegawa PHONE:(Bus.) (808) 536-444(Res.) (Fax) 536-5164 LANDOWNER(S): American Tradin Co. Ltd LANDOWNER SIGNATURE(S uc~ti-w-> DATE July 1, 2004 (May be by letter) LANDOWNER(S) ADDRESS: c/o 34 Ulili Street Hilo, HI 96720 REQUEST: CN-10 TO MCX-20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-2-32: 93 STREET ADDRESS OF PROPERTY: 88 Kanoelehua Avenue SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 59,356 square feet AGENT: Sidney M. Fuke ADDRESS: 100 Pauahi Street Suite 212 Hilo HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sitl ! COPIES: Sanford Hasegawa ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? C if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No C. Sell or lease the land to someone who has no plans? No d- Keep it? Yes e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. The existing building will be retained and interior renovations will be made. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. -2- 5• Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space provided below. Please refer to accompanying planning and environmental report 6. Are there any buildings on the subject area? Yes if so, what kind? There is an existing shopping complex. What do you intend to do with those buildings if your request is approved? The buildings will be kept and interior renovations will be made. Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 8• To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? No if so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes ew a. Schools x b. Roads x c, Sewer x d. Drainage x x e. Police Protection x f. Fire Protection x 9• Recreational Facilities x h. Recreational Facilities i. -4- For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No, inasmuch as the site has been already fully developed. Signature: Address: 600 Kapiolani Blvd, Ste 201 Hnl96813 Telephone: (13c'6) ''Sb• -t4k40 Date: July 1, 2004 -5- F'3 "2AA (lA COUNTY ENVIRONMENTAL REPORT COUivi"f REZONING REQUEST -CN=i0 to MCIX=i0 WKSP, LTD. PARTNERSHIP WAIAKEA HOUSE LOTS, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-032: 093 I. INTRODUCTION The applicant, WKSP, Ltd. Partnership, is requesting the rezoning of a parcel of land consisting of 59,396 square feet from Commercial- Neighborhood (CN-10) to Industrial- Commercial Mixed (MCX-20) in the City of Hilo, Hawaii. The subject site is located on the northwestern corner of Kanoelehua Avenue and Kuawa Street in Waiakea House Lots, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-032: 093. The subject property is the site of the existing Waiakea Kai Shopping Plaza. If successful, the applicant plans to utilize the property more intensively for commercial and light industrial uses. II. PROJECT LOCATION As noted earlier, the subject site is the home of the Waiakea Kai Shopping Plaza. It is located on the northwestern corner of Kanoelehua Avenue and Kuawa Street. (Figures 1 & 2) In this area, the area fronting Kanoelehua Avenue is predominantly commercial and light industrial in character. The site is bordered on the north side by a restaurant; west side by a former wholesale distributor; and the south - across of Kuawa Street - by a light industrial/commercial complex. Other uses within 500 feet of the subject site include a self- storage facility, the County's recreation center, gas station, and other commercial uses. The nearest residence is over a quarter of a mile away, beyond Piilani Street. Particularly along major street frontages, pockets of the Waiakea House Lots are slowly undergoing a land use transition from single-family residential to commercial uses, while the Kanoelehua Avenue frontage is increasingly becoming commercial and light industrial in nature. III. PROJECT DESCRIPTION A, Prninc+ Conrnn+ The applicant wishes to utilize the complex for more intensive commercial and light industrial uses. The current Neighborhood- Commercial (CN-10) zone limits the scope of commercial uses. t €7 CON UT,1SE L I3A `I Reeds $ ly (DA Beach ? Fk . i CSC- J rf~Qt`~ R~~ QCea~ v~ C a Me r'~ co C CIO t C/D + Visitor` a ( KuaWB aV co Info. anter _ O(aR( b u0i C/D C co Pfi Q erat! n vud;tor ro S s rrr . L St. Ser ~i7e t Stvice CIO c/D C P. 0 qonu,~ o St' 'aik UhekUana,~a a~aoa MOki Stu ~ e Kohola o ~ .1 c +t C = ° c S F O C. CJt. Hawaii arijkaul J St. Guard a o Nahe(e 'm a ~ CD Figure I 3 16 V .v-~ ~4 u lc O Site y b Q ~ ~ ^ N JA e~ r ageg n es do ~E'+ ` 1 e a$ °V° C A i° 2 e k::°.:=~5.ti}•'. p~4 j04 r' ^ O~ f„e w.3v 4111 y2 yye ° sx~ 2°y ~ ~ ~ °r 4S A~V'r~ GJ ~ t° P:• t iE ~j F o-,?, I 5\ ~}~I~ p \ \ d / A9 3~ •..~•J j / o or. °hJiv mnG ~ / ti moD L' / N nII V X ?t~\ aV ~ / Fi re 2 Ct)~~ iG crc =a The existing zoning was appropriate when there was the town of Waiakea 'Kai, as there were homes in his general area. However, over the past 40 years, the residential uses of the surrounding area have all but disappeared. The closest residence is over a fourth of a mile away, beyond Piilani Street. The area of the subject site is now more light industrial and general commercial in nature. As such, given the absence of a "residential neighborhood" proximate to this area, the subject site's zoning has become somewhat functionally obsolete The surrounding land uses, visibility, and accessibility of this site make it more attractive for more intensive commercial and light industrial uses. However, the existing zoning limits the scope of commercial uses and prohibits any light industrial use. As such, the complex is underutilized. The applicant believes that with the requested MCX-20 zoning, the site would be more competitive and compatible with the surrounding land uses. B. Project Components There are two major structures on the site subject. Each of the structure has two stories, with a maximum height of 33 feet. There are 108 parking stalls, 9 of which are compact, and 2 loading zones. (Figure 3) There are two accesses to the site. One serves as access to 6 parking stalls. The primary one is located further away from Kanoelehua Avenue. The applicant has no plans to construct a new building on the site. Instead, improvements would be limited to landscaping and interior renovations to accommodate future tenants' needs. C. Project Timetable and Cost Should the request be approved, the applicant intends to market the property for uses consistent with the requested zoning. At this time, only minor interior improvements are anticipated. The cost is undetermined at this time. W. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, no State Land 2 -Z 0 _ ( ro ILI .t Cd ~9i 1n ~ I J I U/ ~ Q a x I ~r y ~C I t'S ~ ~ r }w Figure 3 Use Commission action is required. B. County General Plan As the County General Plan Land Use Pattern Allocation Guide (LUPAG) map is not designed to be specifically measurable, it can be interpreted to fall within the Industrial district. The properties to the site's immediate south and west are zoned Industrial-Light (ML-20). Accordingly, the subject site could be interpreted to be functionally Industrial on the General Plan LUPAG map. Relative to the Industrial designation, the General Plan allows consideration for "manufacturing and processing, wholesaling, large storage and transportation facilities, and light industrial uses." As such, the requested MCX zoning would be consistent with this designation, and no General Plan amendment is necessary. Under the proposed revisions to the General Plan now under consideration by the County Council, no changes are contemplated for this area C. Hilo Community Development Plan The Community Development Plan (CDP) attempts to further define the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 1975, over 25 years ago. Although reviewed by the County Council, the CDP was never adopted. The CDP's Land Use Concept map identifies a Commercial Neighborhood designation for this area, consistent with the site's present CN-10 zoning. Notwithstanding this inconsistency, however, it is acknowledged that the growth of Hilo and its outlying areas like Puna, have made some of the planning assumptions of the CDP obsolete. An updated CDP would be timely. Absent the availability of a relevant intermediary planning document, one must rely only on the General Plan LUPAG map and policies. In the end, the General Plan is more critical, as the County Charter requires all zone changes to be consistent with it. M County Zoning The County zoning of the subject site is Commercial Neighborhood (CN-10). If the Industrial-Commercial Mixed (MCX-20) request were approved, the site would house uses that would be permitted 3 under the MCX zoning. These uses would range from retail shops, offices, eateries and related uses. As noted earlier, the type of uses would be generally compatible with the surrounding area. E. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, other construction-related permits would still be required for any improvements. These would be of the "ministerial" variety, such as Plan Approval, building permit, and health clearances. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The 59,356 square foot site is nearly a square. The Kanoelehua Avenue frontage has a length of 260+ feet, while the Kuawa Street frontage has a width of 227+ feet. The site is the home of the Waiakea Kai Shopping Plaza. As such, it is fully improved. B. Climate, Soil and Topography According to the State Commission on Water Resource Management, the nearest rain gauge in this area is the Hilo Airport. The rainfall data of this gauge notes that over the past 37 years, the annual median rainfall for this area was 131.1 inches. The wetter months tend to occur between October through April. The average daily temperature ranges from a minimum of 61 degrees to a maximum of 79 degrees Fahrenheit. Wind patterns are generally tradewinds (easterly) during the day, and westerly or mountain winds during the evenings. There are no perceptible topographic or geologic constraints on the fully improved subject site. Its elevation is approximately 65 feet. S@ing ..;thin a heawiiy , rhanized area, the Land Study Bureau -Study Overall Master Productivity Rating does not have any classification for this site. Likewise, the site is not classified under the Agriculture Lands of Importance to the State of Hawaii (ALISH) 4 classification system. Thus, the State's classification system does not recognize this site as being agriculturally important. The U. S. Soil Conservation Service, however, has designated the soil type in this area to be of the Keaukaha extremely rocky muck (rKFD) series, 6 to 20 percent slopes. This soil type consists of well-drained, think (less than 1 foot) organic soils overlying pahoehoe lava bedrock. Runoff is medium, erosion hazard slight, and shrink-swell potential high. These soils are usually moist, but when dried, they have high shrinkage but low swelling potential. This soil type is widespread throughout downtown Hilo. However, because the site is fully improved, the soil type classification becomes somewhat not pertinent. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Zone X (areas outside of 500-year flood). There are no drainage ways through the site. Accordingly, the site has not and should not be subject to flooding. As there are added level of impervious surface resulting from the parking area, there are existing drywells. No additional drainage improvements are being contemplated. 2. Tsunami Hazard Although the site is situated about a mile from the ocean, it is located within of the Civil Defense's Tsunami Evacuation Zone. The evacuation line in this area extends up to Hualani Street. Thus, people within this area must evacuate the site when the Civil Defense issues a warning. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the entire City of Hilo as being within Lava Flow Hazard Zone 3, ascending rig4 Q to 1. There is derv little that on a scale IF can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses. 5 The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, the applicant understands and accepts that there may be added structural requirements to address this seismic hazard for any new improvements. D. Fauna Resources No professional survey of the faunal resources of the site was conducted, as the site is fully improved and is located within an urban environment. Given that condition, the applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. Introduced bird species (such as dove, Japanese White-eye, house finch, myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. These are all common and not endangered. As such, it is unlikely that the development of the subject property would cause any adverse faunal impacts. E. Flora Resources Likewise, no commissioned flora survey was conducted of the site due in large measure to its fully improved state and location within an urban environment. A visual inspection of the site confirmed the presence of a introduced landscaping within the parking lot. Given its current urban commercial use, it is unlikely that the site would be an habitat for any listed threatened or endangered plant life. F. Historic/Cultural/Archaeological Resources For the same reason noted above, no commissioned archaeological inventory survey and cultural assessment study was conducted of the subject site. The current use as a shopping complex reduces the prospect of finding any archaeological rernains. No physical improvement to the ground is contemplated. However, if there are further improvements and should any anticipated archaeological features or sites be uncovered, work in the affected 6 area will immediately cease and the applicant will notify the Planning Department. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and/or coastal access is not an issue. As the site has been fully improved, the prospect of the site serving as a place for gathering of plants is remote. There are also no known archaeological features on the subject property. Based on the above, it does not appear that the project would have any potential adverse impact relating to the cultural and historical resources of this area. H. Water and Coastal Resources The subject site is located nearly a mile from the coastline. As such, coastal impacts resulting from discharge of drainage systems from the site should not be significant. Being a non-coastal property, no coastal access will be affected. The project is already connected to the County's wastewater system fronting Kanoelehua Avenue. As such, potential groundwater and coastal resources impacts would be mitigated. 1. Noise Air Qualitv, and Dust Impacts The existing background ambient noise levels is associated with the wind, foliage, birds, airport, aviation-use, and traffic along Kanoelehua Highway and Kuawa Street. This is relatively high, averaging about 50 Ldn or even higher during heavy traffic and/or airport use. As noted earlier, traffic along Kanoelehua Avenue and frequent aircraft traffic, however, heavily influence manmade noise in this 7 area. Kanoelehua Avenue is a major cross-town 6-lane, divided highway. As such, although this project will introduce additional vehicular traffic to this area, it is not anticipated to contribute significantly to the long-term ambient noise level. Thus, any traffic increase should result in a noise increase of equal to or less than 55 Ldn, which is within acceptable levels within an urban environment. The periodic aircraft overflights generate a higher level at approximately 60 Ldn. There should be no short-term noise impacts, as the improvements are already in place. In the event there are improvements, this will be short-term, and all applicable State rules governing construction noise abatement will be observed. The applicant also intends to not allow noise-generating construction activity to occur on Sundays and early morning and late evening hours. The proposed development should not generate any direct air ualit impacts. Should there be construction, it would be short- term. There may be some fugitive dust associated with the construction of the project. However, compliance with the State Department of Health's regulations governing dust control should help mitigate this potential impact. From a long-term perspective, the project itself is not expected to have uses that generate adverse air pollutants. The only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for automobile air emissions and the prevailing tradewinds. All of the required parking area within the project site has been paved with an all-weather, dust free surface. The required landscaping is already in place. As such, with the exception of minimal construction dust in the beginning for any renovation to the existing structures, long term dust generated by the project should be insignificant. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. However, Mauna Kea and Mauna Loa are listed as scenic resources. 8 The proposed development would not have any visual impacts on either of those mountains, particularly from Kanoelehua Avenue. The location of the site is such that there will be no interruptions to these views. Furthermore, there will be no new structures on the property. The existing structures, with a height of 33 feet, are comparable to a standard 2-story residence. Thus, there should be little, if any, visual impacts resulting from this project. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land uses in the immediate area are a mixture of commercial and industrial uses. The commercial and/or industrial uses range from warehousing, general retail, restaurants, and office buildings. As such, the uses that would be allowed by the requested zoning would be consistent with the existing and emerging uses of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would provide short-term employment opportunities for those in the construction and related industries for any renovations to the structures. With the allowance of greater commercial and light industrial uses, the complex should be able to attract a wider variety of users. In turn, the complex could be a little more successful, increasing the chances for a number of longer-term employment opportunities. The subject property is located proximate to commercial areas, including Downtown Hilo, Kaiko'o Mall, Hilo Shopping Center, and the University. It can thus be competitive with those areas. A mixed industrial/commercial rezoning could also potentially increase the tax revenues to the County. It is unlikely that this request would have adverse real property tax consequences for adjacent rnr~rncrtiec as all of them are commercial/Industrial in use. 9 C. Agricultural Impacts The site is and has not been used for intensive agricultural activities. The site has been used as a commercial complex for over 30 years. The surrounding area is also heavily urbanized. Even the State ALISH's mapping system does not classify this site. Accordingly, the potential commercial agricultural value of the site - aside from limited domestic purposes - is minute, if at all. VII. INFRASTRUCTURE CONSIDERATIONS A. Road The access to the project would continue to from Kuawa Street, which intersects with Kanoelehua Avenue. Kuawa Street has a right-of-way of 60 feet, with a curb, gutter, and sidewalk section fronting the subject site. Kanoelehua Avenue is a State highway serves as a major cross- town highway. In this area, the highway has six lanes with a divided median. The right lane functions as a dedicated right-turn into Kuawa Street from Kanoelehua Avenue. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet. The pavement width on one side of the median (3 lanes) is over 30 feet wide with sidewalks along the west side. There is a sidewalk along Kanoelehua Avenue fronting the site. No on-street parking is allowed. Because of the divided highway, left-turn movement into Kuawa Street is not possible. Only right-in and right-out movements are permitted. The existing improvements mitigate potential traffic impacts. For one, the limitation of right-in, right-out movements at Kanoelehua Avenue minimizes conflicts. Then, too, there will be only one primary access in and out of the subject site from Kuawa Street. B. Water There is a County water line fronting the site along Kuawa Street. The project is already serviced and metered by this line. C. Wastewater The project is also connected to the County's sewer line. 10 D. Solid Waste Solid waste has been handled by commercial haulers who dispose of the refuse at the county landfill in Hilo and eventually at Pu'uanahulu, North Kona. Although the applicant does not believe one is needed, If required, a Solid Waste Management Plan can be prepared to help address ways to accommodate and reduce the project's waste. E. Other Government Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required, and existing facilities should be sufficient to accommodate the limited demand expected from this project At least three (3) County Fire Stations and Emergency Medical Services are located within a 5-minute response area. The Hilo Hospital is located, approximately 3 miles from the site. This hospital is one of five licensed hospitals on the island. As this project is a commercial one, it should have little or no direct impacts to schools, parks, and other related facilities. Nonetheless, there are parks and schools within a 2-mile radius of the site. F. Other Utilities All other utilities such as telephone and electrical services, are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Lona-Term Productivitv The short-term use of the site would probably be continued neighborhood-commercial uses. However, given its location and absence of residential developments in this area, its use as a neighborhood-commercial complex has become somewhat obsolete. Furthermore, this project should not result in any significantly adverse short or long-term impacts that cannot be properly mitigated. There will be direct and indirect economic benefits - albeit small - resulting from the construction and implementation of it this project. Relatedly, the project will generate increased tax revenues that can supplement the State and County's fiscal resources. Because of its location, this project will provide a service that can be made reasonably accessible to the region. The required infrastructure - if needed - will be implemented by the applicant to mitigate potential impacts of this project. Finally, the design and scale of the project is consistent with the surrounding area. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the commitment of natural or other resources (such as archaeological) would not appear to be an issue. The likelihood of finding archaeological features on the already developed site is remote. Further, any unanticipated finds will be properly mitigated upon consultation with appropriate government agencies. C. Mitigative Measures The applicant does not believe that any additional infrastructure mitigation is needed. If required, the applicant will comply with those requirements. These improvements would be done in conjunction with any subsequent permitting and permit implementation phases of this project. Although the potential for unearthing archaeological features on the site is remote, if any inadvertent discoveries are made during any phase of this project, the Planning Department will be notified. Work will resume only upon receipt of proper clearances from said agency. If required, additional landscaping will also be incorporated within the project site, as well as along the boundaries adjacent to the Highway. The landscaping would be consistent with the Planning Department's landscaping rules. As the site is already fully developed, there is no relocation issue associated with the project. 12 D. Alternatives to the Proposed Proiect 1. No Project Under the status quo alternative, the site would remain in its current neighborhood commercial uses. Under this scenario, the site would not be fully utilized in a manner that would be consistent with the surrounding areas. Furthermore, the kinds of goods and services this site could provide would be absent, thereby not really servicing the general community. 2. Development Based on Existing CN Zoning Under this alternative, the land could not be further developed. The site would be underutilized, given its locational and infrastructure condition. The structures could also be renovated to accommodate residential uses, as the CN zoning allows residences. However, given the site's proximity to a heavily traveled roadway and surrounding industrial and commercial related uses, residential uses may not be attractive. 3. Alternative Industrial Zoning A Light or Heavy Industrial zoning may also be appropriate and would still be consistent with the interpretation of General Plan LUPAG map. However, such uses may be less compatible with the desired level of visual corridor along Kanoelehua Highway. 4. Evaluation of Alternatives Leaving the property in its current underutilized would not maximize the use of the land. There would also be potentially diminished tax revenues and less services to the public. While alternative industrial zonings are possible, the site's proximity to a major highway requires visual and land use sensitivity that can more likely be achieved with a MCX over a ML or MG zone. 13 In that regard, this requested zoning in totality would be more consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested MCX-20 zoning alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Industrial, a designation that allows the requested MCX-20 zoning. Accordingly, this request would not be inconsistent with the LUPAG map. B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: 1. Economic Element Goals Provide residents with opportunities to improve their quality of life. Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. The County of Hawaii shall strive for diversity and stability in its economic system. The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. 14 Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Discussion The request would provide opportunities for the existing structures to house more commercial and light industrial uses in an area that is serviced by a good transportation system. Relatedly, all required infrastructure is there or, if not and/or needed, will be provided by the applicant without taxing government's servicing ability. Further, the area is located proximate and/or adjacent to industrial and business areas, making the site accessible to these uses. At the same time, because of the type of use (commercial retail and light industrial) and its relative small size, the requested project should be consistent with the land use pattern in this area, while making it convenient for the region and surrounding areas. 2. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. 15 Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments. Standards • Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion As the City of Hilo and its surrounding area continue to grow, there will be a need for more commercial retail and light 16 industrial areas. This would be an appropriate area, given the site's existing infrastructure. From a visual perspective, the existing structures are comparable to a 2-story residential dwelling. Thus, it does not visually dominate the view plane from Kanoelehua Avenue. The subject site also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure. The project is already serviced by the County's water and sewer lines. Police and fire protective services are available within a 5- minute response time. As such, this project should not require addition public services to be provided. The site does not have any on-site developmental constraints. The land is relatively level and is designated "X" on the FIRM map. Being developed and used as a commercial complex, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. There is also little evidence that the site would have any remaining archaeological features. Because of the scale and type of use, the request would be generally compatible with the emerging industrial and commercial corridor along Kanoelehua Highway. To mitigate potential visual and noise impact, however, additional landscaping, if required, could be provided adjacent to the Highway. Finally, the structural standards for a commercial building have been fulfilled. These include the acreage, setbacks, parking, etc. C. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted in 1975 by the I i ing Cvi1111. u, to J~I V . tj 1, a to the General Plan. Although the site is designated Neighborhood Commercial, many changes have occurred over the past 25 years, making many of the planning assumptions obsolete. 17 D. Zoning If the request is approved, the existing structures would be used to house more commercial and light industrial uses. All requirements relative to height, setback, landscaping, and parking, and the like have been complied with. No variances from the Code are anticipated. E. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205a, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. Nonetheless, a general review of a project's consistency to the CZM policies - regardless of its location - must still be made. In that regard, please note the following: The proposed project will not have any substantial adverse environmental or ecological effect. (Please refer to discussions in Chapters V, VI, and VII). Any effect that may result will be • minimized to the extent practicable and will be clearly outweighed by public interest. • The proposed development would be consistent with the objectives of the CZM program. Specifically: • there would be no impact to the area's recreational resources. This is not a shoreline property; • the site has been fully improved, and it is unlikely that there are any remaining historical resources on the site. • the project will not affect any scenic and open space resources; • uie coastal ecosystem wiii nut be impacted; • there will be more employment opportunities, and hence furthering the economic uses of the site; 18 • the site is about a mile from the shoreline, and thus there would be no coastal hazard or beach erosion or marine resource impacts; and • public participation will be achieved through the hearings on this request. • The proposed development is consistent with the County General Plan and other appropriate regulatory tools, such as the Zoning Code. Based on the foregoing, it is concluded that the proposed improvements are consistent with the objectives, policies and guidelines of the Special Management Area Rules and Regulations. 19 J„i Y.oF nqW Ge•V, Harry Kim Barbara Bell Mayor - Director Nelson Ho Deputy Director tLD1TTTf~J II~ M~IIMii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date July 13, 2004 To CHRISTOPHER YUEN, Planning .rect From BARBARA BELL, Director SUBJECT: CHANGE OF ZONE AP ICATION (REZ 04-019) Applicant: WKSP Limited Partnership Request: CN-10 to MCX-20 TMK:2-2-32:93 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER DIVISION: lL ( ) No comments ( - Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: _ SOLID WASTE DIVISION: ( ) No comments ( Commercial operations may not use transfer stations for disposal. O Aggregates and any other construction/demolition waste should be reused to its fullest extent. O Ample room should be provided for recycling. ( jt~) Greenwaste may be disposed of at the drop sites located at the Kailua and Hilo transfer stations. ( ) Other: cc SWD, WWD 5997- lltnvai7 Count) is an equal opportunityprovider and f, EXHIBIT ; a,~1 5 At$+; 14A ~4i tYAPF9 Tn=_ S ~Ga 1 O~q ~ n 9 99 oG 3° j E A!'," b1a9 L. li ,I r :(li' - ~P?/'-'~. II Na C I r rP R.y T i09 -J[ r'r Q IF N,a`'~N{7.~ita yt~p~Ma WW.$p 345 CFl1A IAJA s,rREET, SUITE 20 E HILO, HAWAII 96720 TELEPHONE (808) L61 8050 - FAX (803) 961-861:7. Y August 9, 2004 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-019) APPLICANT - WKSP LIMITED PARTNERSHIP REQUEST: CN-10 TO MCX-20 TAX MAP KEY 2-2-032:093 We have reviewed the subject application for a Change of Zone and have the following comments and conditions. Please be informed that there is an existing service lateral for a 2-inch meter. Based on the prevailing water situation in the area, a larger and/or additional meter can be made available from a 6-inch waterline along Kuawa Street or 12-inch waterline along Kanoelehua Avenue. The meter connection sizes are subject to review and approval by the Department. Therefore, the Department has no objections to the proposed application; however, the applicant shall install a departmentally approved backflow preventer (reduced pressure type) on the subject property just after the meter. A licensed contractor shall install the backflow preventer within 90 days of the effective date of the change of zone. The installation and assembly of the backflow preventer must be inspected and approved by the Department. The backflow preventer shall be operated and maintained by the customer. A copy of our backflow preventer handout is being forwarded to the applicant to help them understand this requirement. Should a larger meter and/or additional meter be required, prior to issuing a water commitment to the proposed development, the following are required: I. The anticipated maximum daily water usage (per meter if required) as recommended by a registered engineer must be submitted. The Department reserves the right to make a final x determination. W 2. Pursuant to the Department's Rules and Regulations, a water commitment may be issued. The applicant will be informed of the deposit amount upon final determination of the submittal required in Item 1. -.SUS :(5i. ,'t,rvd RiOhls, Fln= 326-W, Whitten 3utldmq, 141h and In Jah:..de, ,e, tenue, 8VV iPl j- hl igion OC 20 50-5410 Cr <all (262) J20 ,4, oir:e and T00) EM OF H 4 PETER T. YOUNG LINDA LINGLE CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT { DAN DAVIDSON DEPUTY DIRECTORLAND ERNEST Y.W. LAU Jk daFd /Vd~ f ~y W.peN DEPUTY DIRECTORWATER / r AQUATIC RESOURCES * BOATING A OCEAN RE STATE OF HAWAII COMMIS BURS SION ON WATER OF CONVEYAESOURCE ES MANAGEMENT DEPARTMENT OF, LAND AND NATURAL RESOURCES CONSERVATIOONAO RESSOUROCES ENFORCEMENT - ENGINEERING FORESTRY AND WILDLIFE 'T~h ofM~~N` HISTORIC PRESERVATION DIVISION AHeveisuNPRESERVATION cnMlssloN August 2, 2004 KAKUHIHEWA BUILDING, ROOM 555 wiHOOL 601 KAMOKILA BOULEVARD STA LAND TE PARKS KAPOLEI, HAWAII 96707 HAWAII HISTORIC PRESERVATION LOG NO. 2004.2272 DIVISION REVIEW DOC NO 0408JK04 Applicant/Agency: WKSP Ltd. Partnership Address: 600 Kapiolani Boulevard, Suite 201 Honolulu, HI 96813 Project: Chapter 6E-42 Review (County) Planning (REZ 04-019) Change of Zone Application Applicant: WKSP Limited Partnership Request CN-10 to MCX-20 Location: Waiakea House Lots, South Hilo, Hawai'i Island Tax Map Key: (3) 2-2-032:093 1 We believe there are no historic properties present because: a. intensive cultivation has altered the land X b residential development /urbanization has altered the land c. previous grubbing/grading has altered land d, an acceptable archaeological assessment or inventory survey found no historic properties e. other 2. This project has already gone through the historic preservation review process. a. Mitigation has been completed b other. X Tbus, we believe that "no historic properties will be affected by this undertaking. Signed _Date Historic Preservation D1viii0~=~Ona Jeanne M. Knapp Cc Chris Yuen, Hawai'i County Planning Department Kai Emler, I tawai'i Countv Department of Public Works EXHIBIT D Mr. Christopher J. Yuen, Planning Director Page 2 August 9, 2004 Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, tlton D. Pavao, P.E. Manager SHK:sco copy - (w/o enc.) Mr. Sidney Fuke (w/enc.) Mr. Sanford Hasegawa, WKSP Limited Partnership (w/o enc.) DWS Cross-Connection Section DEPARTMENT OF LAND AND NATURAI. RESOURCES ENGINEERING DIVISION LA/NAV Ref.: REZ 04-019.CMT W(CS/~ COMMENTS (X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Zone X. O Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Zone. O Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is _ O Please note that the project must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NEW. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: O Mr. Robert Sumimoto at (808) 523-4254 or Mr. Mario Sin Li at (808) 523-4247 of the City and County of Honolulu, Department of Planning and Permitting. O Mr. Kelly Gomes at (808) 961-8327 (Hilo) or Mr. Kiran Emler at (808) 327-3530 (Kona) of the County of Hawaii, Department of Public Works. O Mr. Francis Cerizo at (808) 270-7771 of the County of Maui, Department of Planning. O Mr. Mario Antonio at (808) 241-6620 of the County of Kauai, Department of Public Works. O The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. O The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. O Additional Comments: O Other: Should you have any questions, please call Mr. And Monden of the Pla ing Branch at 587-0229. Stgne IC T. IRANO, CHIEF ENGINEER Date: ~ _ EXHIBIT F E L. FUKINO, M.D. DO LINDA LINGLE CHIYOM covEaNOa oiaECroA oc HEnLrh STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: July 26, 2004 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno /cA- District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 04-019) Applicant: WKSP Limited Partnership Request: CN-10 to MCX-20 Tax Map key: 2-2-32:93 The subject project is located within or near proximity to the County sewer system. All wastewater generated shall be disposed into the County sewer system. WORD: REZ04-019.my EXHIBIT F Sian°yFUke, Plann!ng Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone- (808) 969-1522 • Fax' (808) 969-7996 ' Subdivision - Land Use Permits August 11, 2004 Envuonmenu Reports Mr. Christopher Yuen, Director County Planning Department 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Application (REZ 04-019) - WKSP Ltd. Partnership Waiakea Houselot, South Hilo, Hawaii, TMK: 2-2-32: 93 Thank you for providing me with agency comments to date regarding the subject application. In response to those comments, we note that: I . the Department of Public Works and Police Department had no objections or comments on the request; 2. the State Department of Land and Natural Resources - Historic Preservation Division concluded that "no historic properties will be affected by this undertaking;" 3. the existing facility is already connected to the County's sewer system, thereby addressing the comments of the State Department of Health and County Department of Environmental Management (DEM). Relative to the DEM's other comments, please note that the only improvements will be interior. Furthermore, commercial waste haulers will continue to be utilized, and the waste will be disposed off in a legally approved manner; and 4. County water to the facility is already available and no additional water commitment is needed at this time. However, should a larger meter and/or additional meter be needed, the applicant will comply with the appropriate requirements of the Department of Water Supply. We trust that everything is in order for your acceptance and immediate processing of these applications. If not or if there are questions relating to thes,~ please feel free to direct them to me. Thank you very much. 91ncerely SIDNEY M. FUICE Planning Consultant xc ` KSP U(1 PadmQrship w/ enclo5hires EXHIBIT RWKSPREZ.doc-9/7/04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WKSP LIMITED PARTNERSHIP CHANGE OF ZONE APPLICATION (RF,Z 04-019) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from Neighborhood Commercial 10,000 square feet (CN-10) to Industrial-Commercial Mixed 20,000 square feet (MCX- 20) for approximately 59,396 square feet of land to utilize the property more intensively for commercial and light industrial uses. The applicant did not state any specific use for the proposed request. The current CN-10 zoning limits the scope of commercial uses. The CN-10 zoning was appropriate when there was the town of Waiakea Kai, as there were dwellings in the area. However, over the past 40 years, the residential uses of the surrounding area have all but disappeared. The nearest residence is located over % of a mile from the site, beyond Piilani Street. The area of the request is more light industrial and general commercial in nature. As such, given the absence of a "residential neighborhood" close to this area, the property's zoning has become somewhat functionally obsolete. The surrounding land uses, visibility, and accessibility of this site make it more attractive for more intensive commercial and light industrial uses. However, the existing zoning limits the scope of commercial uses and prohibits any light industrial use, and the complex is underutilized. The proposed MCX-20 zoning would make the site more competitive and compatible with the surrounding land uses. The property is the site of the Waiakea Kai Shopping Plaza, and the existing building will be retained. Improvements will be limited to landscaping and interior renovations. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from Neighborhood Commercial 10,000 square feet (CN-10) to industrial-Commercial Mixed 20,000 square feet (MCX-20) will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms with the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. The proposed project also conforms to the Land Use - Industrial sub-element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities." The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. According to the LUPAG map, the -2- block bounded by Kamehameha Avenue, Kanoelehua Avenue, Kuawa Street and Kalanikoa Street is Medium Density Urban. This block includes the Waiakea Kai Shopping Plaza fronting Kuawa Street and Ken's Ilouse of Pancakes fronting Kamehameha Avenue. South of Kuawa Street, the area fronting Kanoelehua Avenue on the west (mauka) side is Industrial on the LUPAG. In other words, Kuawa Street is the dividing line between Medium Density and Industrial on the LUPAG map. The parcel immediately adjacent to the Waiakea Kai Shopping Plaza on Kuawa Street - the former American Trading Co. warehouse, now used for Thy Word Ministries - is zoned ML although it is in the "Medium Density" block on the LUPAG map. All of the existing uses in the block would be allowed in either the MCX or CN zoning. The MCX, or mixed industrial-commercial zoning district, was added to the Zoning Code in 1996 after the enactment of the General Plan in 1989. The practice has been to consider MCX as consistent with the Industrial designation on the General Plan, rather than the Medium Density or High Density designations, because the intent of the Zoning Code amendment seemed more to allow some commercial uses within "light industrial" areas, rather than more "light industrial" in commercial areas. The MCX zoning can be attractive to landowners because it provides a somewhat broader range of uses than either the ML or CN zones. Commercial uses not allowed in CN that are allowed in MCX include indoor amusement and recreation facilities and bars and nightclubs. MCX also allows a range of light industrial uses such as warehousing. The CN zone, on the other hand, allows residential uses, which are not allowed in MCX. Without abandoning the general principle that the MCX zoning should be in Industrial designations, the applicant's rezoning request can be considered consistent with the General Plan map given that the immediately adjacent property is currently zoned ML, the Industrial LUPAG designation is immediately across Kuawa Street, there is MCX zoning across Kuawa Street, and the purpose of this zoning is to expand the range of commercial uses allowed within an already existing commercial building. It should not involve a significant change in the present character or appearance of the property or the general area. It is not adjacent to any homes, businesses, or other uses that would seem incompatible with the change of zone. -3- The State Land Use designation for the property is Urban. The Hilo Community Development Plan (CDP), adopted in 1975, suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is a relatively level approximately 59,356-square foot parcel, the site of the Waiakea Kai Shopping Plaza located on the northwestern comer of Kanoelehua Avenue and Kuawa Street. Although the applicant has stated that there are two structures on the site, there is one structure on the property, per staffs site inspection. There are 108 parking stalls, nine compact and two loading zones. The land uses in the immediate area are a mix of commercial and industrial uses. Hilo International Airport is zoned ML-20 and located east/southeast of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. Ken's House of Pancakes is located directly adjacent to the property to the north, and zoned CN-10. The property to the west is zoned ML-10, site of Thy Word Ministries. There are vacant properties to the southwest zoned MCX-20, and Morning Dew (bar) and the former Fiasco's Restaurant and commercial complex are located south of the site and zoned MCX-20. Lands across Kanoelehua Avenue to the east are zoned Open. All utilities and services are available to the site. Access to the project site is proposed from Kuawa Street, which intersects with Kanoelehua Avenue. Kuawa Street has a right-or-way of 60-feet with a curb, gutter and sidewalk section fronting the property. Currently, there are two accesses to the site. One serves as access to six parking stalls, and the primary access is located further to the west on Kuawa Street. Kanoelehua Avenue is a State highway with six lanes with a divided median. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet. The pavement width on one side of the median is over 30 feet wide with sidewalks along the west side of the highway. There is a sidewalk along Kanoelehua Avenue fronting the site. County water is available to the site. The property is connected to the County -4- sewer line. If required, a Solid Waste Management Plan will be prepared. Electricity and telephone services are available to the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500-year floodplain. As the site is already fully developed, no professional surveys were conducted of the site. However, the applicant has stated that should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicant will notify the Planning Department. By memo dated August 2, 2004, the Department of Land and Natural Resources Historic Preservation Division has stated that "we believe no historic properties are present because residential development/urbanization has altered the land; thus, no historic properties will be affected by this undertaking." No professional flora or fauna surveys were conducted of the site. However, as the site is fully developed, no rare or endangered floral or faunal resources are on the site. The property is located in an urban setting adjacent to the airport and aviation related uses. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located approximately one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, approval of this change of zone from a Neighborhood Commercial 10,000 square feet (CN-10) to an Industrial-Commercial Mixed 20,000 square feet (MCX-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. -5- The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- C W KSPRLZ.doc-9/7/04 WKSP LIMITED PARTNERSHIP CHANGE OF ZONE APPLICATION (REZ 04-019) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety (90) days form the effective date of this ordinance. C. Final Plan Approval shall be secured from the Planning Director for any new structures proposed, within five (5) years from the effective date of this ordinance, in accordance with Chapter 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code, for any new structures proposed. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for Plan Approval for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. Access(es) to the property shall be limited to Kuawa Street. E. All driveway connections to Kuawa Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval for any new structures. Any drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. G. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy of any new structure. H. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. 1. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. J. The applicant shall comply with all applicable laws, rules, regulations and requirements of the affected agencies. K. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. L. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or "Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. -2- 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3-