HomeMy WebLinkAboutCOM 0408.000 2004-2006 +SY O•%'•y
Dixie Kaetsu
Harry Kinl .Managing Director
Mayor
Peter L. Hendricks
4>~ bs N~~~ Deputy Managing Director
COUNTY OF HAWAII
25 Aupuni Street, Room 215 • llilq Hawaii 96720-0252 • (808) 961-821 I Fax (808) 961-6553
KONA 75-5706 Kuakini Highway, Suite I03 Kailua-Kona, Hnwai'i 96(40
(SOR) 329-5226 Fax (808) 326-5663 -
August 18, 2005
Honorable Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Members:
,~hange of Zone Application (REZ OS-005)
Applicant: Timothy DeLozier
Request: RS-10 to CN-10
Tax Map Key: 2-2-27:42
Change of Zone Application (REZ OS-007)
Applicant: Craig & April Nakagawa
Request: RS-IS to RS-10
Tax Map Key: 2-4-9:26
Change of Zone Application (REZ OS-006)
Applicant: Howard DeLima, Jr. & Napua DeLima
Request: RS-10 to ML-20
Tax Mau Kev: 2-2-35:9 and 10
As required by Chapter 4, Sec. 6-43(C), Hawaii County Charter, transmitted herewith for the County
Council's consideration and action are the Planning Commission's letters and enclosures regarding the
above-referenced requests.
Sincerely,
llarry Kim
Mayor ~Orttt11. N~ O
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Enclosures Ref, Ugte ~i~~~ ~nn5
cc: Planning Department
{B~ (39 5 Hawa~'f County is an Equal Opportunity Employer and Provider
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County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (R08) 961-8288 • Fax (R08) 961-6742
April 18, 2005
Stacy Higa, Chairman
and Members of the County Council
County of H awai `i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
Change of Zone Application (REZ OS-005)
Applicant: Timothy DeLozier
Request: RS-10 to CN-10
Tax Map Key: 2-2-27:42
The Planning Commission, after a duly held public hearing on August 5, 2005, voted to
recommend for your approval the proposed legislative bill to change the district classification
from a Single Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial -
10,000 square feet (CN-] 0) district. The property is located along the west side of Manono
Street, approximately 195 feet north of the Manono Street - Lanikaula Street intersection,
Waiakea Houselots, 1~` Series, 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 the change of zone for 19,500 square feet of land from
a Single Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial
- 10,000 square feet (CN-10) district in order to convert the existing residence into an
office building to house a mortgage company and another small business.
Hawaii County is an Equal Opportunity Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
Page 2
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 be also considered as they may have an impact on similar areas in the
County, but ultimately, on the future development of the whole island.
'The proposed change of zone request from RS-10 to CN-10 would further the
County's goals of providing an economic environment which allows new or existing
businesses to expand and diversify the County's economic base, and also increase choice
of occupations. The proposed use would be consistent with the following goals, policies
and standards of the Economic, Land Use and Commercial Elements of the General Plan.
Economic Element:
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
• Strive for diversity and stability in its economic system.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
• Strive for an economic climate that provides its residents an opportunity for
choice of occupation.
• Strive for diversification of the economy by strengthening existing industries and
attracting new endeavors.
The applicant will be providing residents who live in this area of South Hilo with
more opportunities for commercial services and employment.
Stacy Higa, Chairman
and Members of the County Council
Page 3
Land Use Element:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
• Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access and public need.
Commercial Element:
• Provide for commercial developments that maximize convenience to users.
• Distribution of commercial areas shall meet the demands of neighborhood,
community and regional needs.
• The development of commercial facilities should be designed to fit into the locale
with minimal intrusion while providing the desired services. Appropriate
infrastructure and design concerns shall be incorporated into the review of such
developments.
The proposed change of zone is located in an area designated in the General Plan
to allow neighborhood commercial zoning and village commercial uses. The proposed
change of zone compliments the projected commercial needs of residents within this
vicinity of South Hilo.
Additionally, within in the General Plan a Course of Action for commercial
development within the South Hilo District recommends that "Appropriately located
commercial zoned lands shall be allocated as the need arises." This request would be
consistent with the urban form depicted for Hilo in that it would add commercial uses
Stacy Higa, Chairman
and Members of the County Council
Page 4
serving the surrounding azea as well as the Hilo community. Lastly, this azea of the
Waiakea Houselots is in transition from residential to commercial and industrial uses.
The proposed rezoning action conforms to the LUPAG Map which designates the
azea for Medium Density Urban Development. The Land Use Pattern Allocation Guide
(LUPAG) Map component of the General Plan represents the document's goals, policies,
standards and courses of action to guide the coordinated growth and development of the
County. It reflects a graphic depiction of the spatial relationships among various ]and
uses and the expressed policy statements of the document itself. The LUPAG Map, in
essence, establishes the basic land use pattern for areas within the County. The General
Plan has recently been amended. This area was changed from Low Density Urban to
Medium Density Urban, which allows village and neighborhood commercial and single
family and multiple family residential and related functions (multiply family residential -
up to 35 units per acre). The proposed site would be suitable and allow for Neighborhood
Commercial uses. The applicant is requesting the change of zone to allow commercial
uses on the property. The rezoning reclassification would be a reasonable expansion of
commercial activities associated with this designation and the existing commercial uses
in the area.
The property is situated within close proximity to commercial areas, employment
centers and public safety services. There are several commercial and employment centers
located within one or two miles from the subject property. These include the Waiakea
Center, the Prince Kuhio Mall, and businesses along E. Lanikaula Street, Kawili Street,
Makaala Street, Holomua Street and Wiwoole Street.
Public safety services within the area include the Hilo Central Fire Station located
on Kinoole Street, the Police Headquarters located on Kapiolani Street, and the Hilo
Medical Center located approximately 3 miles from the property.
Surrounding properties are zoned RS- l 0 and consist mainly of existing single
family dwellings. The former Hilo Mower and Saw property is located southeast of the
property on the northeast comer of E. Lanikaula Street and Manono Street. Along the
east side of Manono Street between E. Lanikaula Street and E. Kawili Street aze
properties zoned ML-20. These properties consist of businesses such as Hawaii Farm
Services, Mid Pacific Wheels, Doc Stanley's Repair, Hawaiian Island Glass Tinting and
Auto Shine, which aze within a warehouse structure. Additionally, there have been
several properties in the area that have been rezoned for commercial uses.
Stacy Higa, Chairman
and Members of the County Council
Page 5
"the proposed change of zone would, therefore, complement the existing
commercial land uses, be consistent with the transition from residential to commercial
occurring in the immediate vicinity and provide for an orderly commercial development
of the area.
The property is located within an area adequately served with essential services
and facilities such as water, sewer, transportation systems and other utilities. The
property is connected to County water and to the County's sewer system. The applicant
will be required to prepare a Solid Waste Management Plan and submit it to the
Department of Environmental Management for its review and approval. All other
essential utilities and services are available to the property.
Existing access to the property is from Manono Street, which has a 50-foot wide
right-of-way with 20 to 22-foot wide pavement and paved shoulders. According to the
City of Hilo Zone Map, Manono Street is proposed to be increased to a 60-foot wide
right-of--way and, therefore, a 5-foot wide future road-widening strip is located along the
frontage of the property. The applicant will be required to provide full improvements to
the entire frontage along Manono Street consisting of, but not limited to, pavement
widening with concrete curb, gutter and sidewalk, drainage improvements, and any
required utility relocation. Additionally, access to Manono Street will be limited to a
single location.
'The property has no severe topographic or geologic problems which cannot be
properly rectified or which would render the land unusable for the proposed use. The
property is classified as Zone X, areas determined to be outside the 500-year flood plain.
The property is also located outside of the tsunami inundation area. The property has
been in residential use with the existing dwelling and accessory structures since the
1930's, and the Waiakea Houselots has been in urban development since the 1960's.
'The subject development is not contrary to Chapter 205A, Hawaii Revised States,
relating to Coast Zone Management Area. The property is located more than one mile
from the nearest coastline. The proposed development will not adversely impact
recreational resources, including access to and along the shoreline or to mountain areas,
scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and
marine ecosystems.
Stacy Higa, Chairman
and Members of the County Council
Page 6
Finally, because the property and surrounding areas have been extensively altered
with urban development, it is not anticipated that endangered or threatened candidate
species of flora or fauna are located within the property, nor has the property been
identified as a significant botanical or biological habitat. In addition, it is also not
anticipated that the proposed development will have any adverse impact on cultural or
historical resources. Thus, it is also 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 request from Single Family
Residential (RS-10) to Neighborhood Commercial (CN-10) zoned district would result in an
appropriate land use pattern that will further the necessity, convenience and welfare of 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.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
red Galdones, hairman
Planning Commission
Ldelozier02pc
Enclosures
cc: Mr. Timothy DeLozier
Department of Public Works
Department of Water Supply
r I
BDeLozier-REZOS-OOS.jwd 06-22-OS
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
TIMOTHY DELOZIER
CHANGE OF ZONE APPLICATION (REZ OS-0051
TIMOTHY DELOZIER ha§ submitted an application for a Change of Zone for 19,500
squaze feet of land from a Single Family Residential - 10,000 square feet (RS-10) to a
Neighborhood Commercial - 10,000 square feet (CN-10) district. The property is located along
the west side of Manono Street, approximately 195 feet north of the Manono Street - Lanikaula
Street intersection, Waiakea Houselots, 1st Series, Waiakea, South Hilo, Hawaii, Tax Map Key
2-2-27:42.
PROPOSED DEVELOPMENT
1. Request: The applicant is requesting the change of zone for 19,500 square feet of land
from a Single Family Residential - 10,000 square feet (RS-10) to a Neighborhood
Commercial - 10,000 square feet (CN-10) district in order to convert the existing
residence into an office building to house a mortgage company and another small
business.
2. Proposed Development: Plans for the proposed development include the following:
• Renovate the interior of the existing building for office use for Amera Mortgage
Company and one other small business.
• Maintain the original design of the exterior of the existing building, which was
constructed in the 1934.
• Convert the rear portion of the property into a paved parking area to include
approximately 15 to 18 spaces for employees and clients.
• Ingress and egress at 2 different points is proposed to be a one-way traffic pattern
that will loop azound property between the parking area and the existing structure
from Manono Street.
3. Proposed Site Plan: According to the site plan, the existing structure is situated toward
the front portion of the property near Manono Street and the parking area will be located
on the on back portion of the property. The ingress from Manono Street is proposed to be
on the north end of the property and egress is proposed to be on the southern end back
ATTACH: Cann. 408
Bill 139
onto Manono Street.
4. Supportive Information: The applicant, who is the landowner, has submitted a Change
of Zone Application in support of the request. (See Exhibit A -Change of Zone
Application)
GENERAL INFORMATION
5. Waiakea Houselots: The property is a portion of the Waiakea Houselots, which was
created by the Territory of Hawaii in the eazly 1900's, with lot sizes ranging from
10,000+ to 20,000+ square feet. The Waiakea Houselots area includes the lands bounded
by Piilani Street, Kanoelehua Avenue, Kawili Street and Mililani Street. This area
encompasses approximately 200 acres of land.
STATE AND COUNTY PLANS
6. State Land Use District: Urban.
7. County Zoning: Single Family Residential-10,000 square feet (RS-10).
8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The General Plan
has recently been amended. This area was changed from Low Density Urban to Medium
Density Urban, which allows village and neighborhood commercial and single family and
multiple family residential and related functions (multiply farnily residential - up to 35
units per acre).
9. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by the
Planning Commission, Resolution No. 1, on May 21, 1975. Said Plan reflects the
Waiakea Houselots area for residential uses.
10. County Zoning: Single Family Residential-10,000 squaze feet (RS-10).
11. Chapter 205A, CZM Program: The subject development is not contrary to Chapter
205A, Hawaii Revised States, relating to Coast Zone Management Area. The proposed
development will not adversely impact recreational resources, includittg access to and
along the shoreline or to mountain areas, scenic and open space vistas, visual resources to
the shoreline, coastal ecosystems and marine ecosystems.
12. Special Management Area (SMA): The property is not within the SMA boundary. It is
located more than one mile from the nearest coastline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
-2-
13. Subject Property _The property is arectangular-shaped lot consisting of 19,500 squaze
feet with a 100-foot frontage along Manono Street. There is an existing 2-story dwelling
and carport that was constructed in the 1934.
14. Surrounding Land Uses/Zoning: Surrounding properties are zoned RS-10 and consist
mainly of existing single family dwellings. The former Hilo Mower-and Saw property is
located southeast of the property on the northeast comer of E. Lanikaula Street and
Manono Street. Along the east side of Manono Street between E. Lanikaula Street and E.
Kawili Street are properties zoned ML-20. These properties consist of businesses such as
Hawaii Farm Services, Mid Pacific Wheels, Doc Stanley's Repair, Hawaiian Island Glass
Tinting and Auto Shine, which are within a wazehouse stmcture.
15. USDA Soil Survey Report: Keaukaha Series (rKFD) extremely rocky muck, 6 to 20
percent slopes.
16. Land Study Bureau's Detailed Land Classification System: Existing urban
development.
17. Agricultural Lands of Importance to the State of Hawaii (ALISH) Map: Existing
urban development.
18. Flood Insurance Rate Map (FIRM): The property is classified as Zone X, areas
determined to be outside the 500-year flood plain. The property is also located outside of
the tsunami inundation area.
19. Flora/Fauna Resources: Since 1934, the property has been in residential use with the
existing dwelling. Vegetation consists of a lawn and introduced landscaping plants. It is
anticipated that there are no endangered or threatened species of plant or animal situated
on the property as the parcel and surrounding area have been improved with residences
for over 50 yeazs.
20. ArchaeologicaUCultural Resources: There are no known historic sites on the property
as listed on the State or National Register of Historic Places. Because the entire property
had been extensively altered by the urban uses, it is unlikely that there are any surface or
subsurface historic features nor any cultural and historical resources present on the
property. The applicant requested a "no-effect" letter from the Department of Land and
Natural Resources-Historic Preservation Division on November 10, 2004 and has not
-3-
received a response.
21. Existing General Commercial (CG) Areas: At the northern end of the Waiakea
Houselots in the vicinity of the Hoolulu Park Complex, one half of the block azea
bounded by Mililani-Piilani-Kalanikoa-Hualani Streets has been zoned General
Commercial (CG-7.5) since the adoption of the City of Hilo Zone Map in 1968. Since
1981, commercial activities Have been developing from Piilani Street and moving
southerly. The commercial establishments include Itsu's Fishing Supplies, Don's Grill ,
Credit Union of Hawaii, Manono Mini Mart and other retail stores, and offices.
22. Existing Neighborhood Commercial (CN) Areas: In December 1986, the County
Council approved a change of zone request from RS-10 to CN-7.5 for a parcel located at
the northeast corner of Kekuanaoa Street and Mililani Street. The Labor's International
Union Office is presently established on the property. There aze Neighborhood
Commercial (CN-10) zoned areas located along Kanoelehua Avenue, between Lanikaula
Street and Kawili Street, and along Kawili Street, between Kanoelehua Avenue and
Kalanikoa Street. These CN zoned azeas have been in place since 1968, the adoption of
the Zoning Code and City of Hilo Zone Map. Presently, existing commercial
establishments in this area include, among others, the Leung's Chop Suey House, Bank
of Hawaii, Automotive Supply Center and a commercial kitchen.
23. Commercial Rezonings in the Vicinity:
a. TMK: 2-2-36:123 (16,000 square feet) ---REZ 977
Applicants: Stanley and Brenda Maeda
Request: Change of Zone from RS-10 to CN-10 by Ordinance 02-11 effective
O1-17-02 in order to construct atwo-story seafood retail outlet.
b. TMK: 2-2-34:95 (12, 473 square feet) ---REZ 961
Applicants: Bernazd and Rita Soazes
Request: Change of Zone from RS-10 to CN-10 by Ordinance No. Ol 31 effective
Mazch 21, 2001 in order to utilize the existing two-story dwelling as a boazding
facility and possibly in the future for office rentals.
a TMK: 2-2-34:85 & 93 (67,500 square feet) ---REZ 942
Applicants: George and Adele Haza
-4-
Request: Change of Zone from RS-10 to CN-20 by Ordinance No. 00 31 effective
April 13, 2000 in order to construct an office building to relocate the accounting
and clerical staff for their wholesale grocery business.
d. TMK: 2-2-34:35 (22,500 square feet) ---REZ 877
Applicant: Oda-McCarty Architects
Request: Change of zdne from RS-10 to CN-7.5 by Ordinance No. 98 15 effective
February 24, 1998 in order to convert the existing dwelling into an office
building.
e. TMK: 2-2-37:16 (12,900 square feet) ---REZ 871
Applicants: Wayne and Barbara Yamanaka
Request: Change of zone from RS-10 to CN-10 by Ordinance No. 97 12 effective
September 12, 1997 in order to improve the existing dwelling and buildings and
to convert and develop a general store and coffee/deli shop operations.
f TMK: 2-2-34:67 (3.34 acres) ---REZ 861
Applicant: Big Island Candies, Inc.
Request: Change of zone from RS-10 to CG-20 by Ordinance No. 97 92 effective
July 3, 1997 in order to construct retail and production facilities. This property
was also the subject of a Planning Director initiated General Plan Amendment
(GPA 20) from Low Density Urban to High Density Urban by Ordinance No. 97
64 effective May i4, 1997.
PUBLIC FACILITIES AND SERVICES
24. Access: Existing access to the property is from Manono Street, which has 20 to 22-foot
wide pavement within a 50-foot wide right-of--way. According to the City of Hilo Zone
Map, Manono Street is proposed to be increased to a 60-foot wide right-of--way and
therefore, a 5-foot wide future road widening strip is located along the frontage of the
property. The Department of Public Works commented that the applicant shall provide
full improvements to the entire frontage along Manono Street consisting of, but not
limited to, pavement widening with concrete curb, gutter and sidewalk, drainage
improvements, and any required utility relocation. DPW also commented that access to
Manono Street will be limited to a single location.
-5-
25. Water System: County water is available to the property.
26. Wastewater System: The property is connected to the County's sewer system.
27. Solid Waste: Solid waste would be collected and disposed of at the Hilo solid waste
landfill site located off of Leilani Street, in compliance with applicable Federal, State and
County rules and regulations.
28. Police, Fire and Emergency' Services: The property will be served by the Hilo Central
Fire Station located on Kinoole Street or the 24-hour substation at Waiakea and
supported by additional substation at Kawailani. The Police Headquarters is located on
Kapiolani Street, approximately two miles from the property. The Hilo Medical Center is
located approximately 3 miles from the property.
29. Other Essential Utilities: Telephone and electrical services are available to the subject
property.
AGENCIES' COMMENTS
30. Police Department (June 14, 2005 Memo):
"Staff, upon reviewing the provided documents and visiting the proposed site, does not
anticipate any adverse public safety concerns."
31. Real Property Tax Division (May 26, 2005 Memo):
"Real Property taxes are paid through June 30, 2005."
32. Department of Public Works: (See Exhibit B -June 3, 2005 Memo)
33. Department of Environmental Management: (See Exhibit C -May 26, 2005 Memo)
34. Fire Department: (See Exhibit D -June 3, 2005 Memo)
AGENCIES - NO RESPONSE
35. Department of Water Supply, Civil Defense Agency, Department of Land and
Natural Resources -Land Division and Historic Preservation Division, Department
of Health.
PUBLIC COMMENTS
36. As of this writing, the Planning Department has not received any written comments or
objections from the general public or adjacent landowners on the subject application.
-6-
y^.
.1
MORTGAGE CORPORATION
February 28, 2004
Mr. Chris Yuen, Director
Hawaii County Planning Department
]-lawai'i County Building
25 Aupuni Street
Hilo, HI 96720 -
RE: Re-submittal of Application for Change of Zone: Timothy DeLozier
1046 Manono Street
Hilo, HI 96720
TMK: 3/2-2-027-042
Dear Mr. Yuen,
If pleased me greatly [o receive your letter dated February 17, 2004, informing me [hat County
Council has changed my property from Low Density Urban to Medium Density Urban on [he -
General Plan Land Use Pattern Allocation Map (proposal B-12). I thank you and the Council for
your action on this revision to get it off the table and approved.
I am re-submitting my Application for Change of `Lone as directed by you. Please find all
necessary documents for this application attached hereto. Since originally submitting my
application last year, I provide the following supplementary information:
*My letter dated November 30, 2004, to the State of Hawai' i Dep[. of Land & Natural Resources
requesting a "no-effect" letter was never acknowledged or replied [o. I have received nothing
from the State of Hawaii whatsoever.
*I assume that my notification letter to surrounding properly owners and residents sent
November 1Q, 2004, is sufficient and acceptable notice as required by Hawaii County Zoning
Code, Chapter 25, Section 25-2.4, adopted 12/7/96 and that I do not need to subsequently notify
these property owners/residents of my application re-submittal. Of the letters sent, 4 were
remmed as "un-deliverable" (see attachment) and I have researched County records again to
obtain current addresses and I hereby certify that additional letters were sent on this date [o the
addresses available through County records.
I hope that you will find the application and supporting documents adequate and in compliance
with the requirements of the Hawaii County Planning Dept. I look forward to a notification
from your office informing me of the hearing date before the Planning Commission. If you have
any further questions or concerns, please contact me during normal business hours at the number
below.
Warmest aloha,
,p
TRD/trd (v\
Encl.
Tim DeLozier
Asst. Vice President
2004 H¢wai'i Island Board ofRea[rors A~liale of the Year
1438 Kilauea Ave., Suite #3, Hilq Hawaii 96720 '
808-935-6711 Phone
808-935-6713 Fax
timdelozier(awaheo. corn
www. ameramortgage.com/hilo
JMZY.c~ M1w~i
rP:
Harry Kim Christopher J. Yuen
Mayor
Dimcrnr
°i : ° app
1T~ Ol~M•
Roy R. Takemoto
Deputy Di¢cmr
mutt#~r lzf ~ttflxttii
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
Febmary 17, 2005 (808) 961-8288 • Fax (808) 961-8742
Mr. Tim DeLozier
Amera Mortgage Corporation
1438 Kilauea Avenue, Suite 3
Hilo, HI 96720
Dear Mr. DeLozier:
TMK: (312-2-27:42
The County Council recently adopted the revisions to the Hawaii County General Plan.
Your property was changed from Low Density Urban to Medium Density Urban on the
General Plan Land Use Pattern Allocation Map (proposal B-12).
You may now re-submit your change of zone application to a commercial zoned district.
Please be advised, however, that the change in the General Plan land use designation to
Medium Density Urban does not guazantee the automatic approval of a change of zone
from single family residential to commercial.
Should you have any questions, please feel free to contact us again.
Sincerely,
J
CHRISTOPHER J. Yi~~?N
Planning Director
P:wpwin60\pc\Ietters\2005\delozier 2-17-OS
Hawaii County is an Equal Opportunity Employer and Provider
November 11, 2004 -
Mr. Chris Yuen, Director ~ 1, u
Hawaii County Planning Department i '
Hawaii County Building iJl
25 Aupuni Street
Hi]o, HI 9672(1
RE: Application for change of zone: Timothy DeLozier
1046 Manono Street
Hilo, HI 96720
TMK: 3/2-2-27-42
Dear Mr. Yuen:
Attached you will find the Application for Change of Zone and attachments for the
applicants Timothy DeLozier, who is requesting a Change of Zone from RS-10 to CN
(Neighborhood Commercial).
I intend to restore and convert the existing residential structure to an office building. This
building will be used as a mortgage lending firm's office. The back portion of the
property will be converted to a large parking area for customers and employees. This
parking area will alleviate any need for on-street parking.
I hope that you will find the application and attachments for Change of Zone request in
compliance with the requirements of the Hawaii County Planning Dept. I look forward
to a notification from your office of the request for Change of Zone and a hearing date
before the Planning Commission.
If,you should have any questions, please do not hesitate to contact me at 935-6711.
Warmest aloha,
Tim DeLozier, Asst. Vice President, AMEBA Mortgage Corporation
TRD/trd
Encl.
.
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Timothy DeLozier
( r- 4
APPLICANT'S SIGNATURE: ^wv~.°E ~ ` - ' DATE: 1 ~ fi
ADDRESS: 1438 Kilauea Avenue„suits #3,~
Hilo, HI 96720
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 808-935-6711 (Res.) 808-935-6711 (Fax) 608-935-6713
LANDOWNER(S): Timothv DeLozier
LANDOWNER SIGNATURE(S): DATE:
(May be by letter
LANDOWNER(S)ADDRESS: 1438 Kilauea Avenue, Suite #3
Hilo, HI 96720
REQUEST: RS-10 T'O CN-10
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 2-2-027-042
STREET ADDRESS OF PROPERTY: 1046 Manono Street
Hilo, HI 96720
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 19 , 500 sq. ft .
AGENT:
ADDRESS:
TELEPHONE:(Bus.) (Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent. Send to owner (all )
ORIGINAL: Timothy DeLozier COPIES:_ Timothy DeLozier
(See Instructions on Reverse Side)
r
TMK: 3-2-2-027-042
4
ATTACHMENT
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
PPPLICATION 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 1 and then to
ques ion 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 have 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 ~.ntend 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.
N/A
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.
There is an existing deteriorating residential structure on the
property. Intentions are to remodel/renovate this building
with updated electrical and plumbing systems to return it to
it's original 1930's charm and character: Additionally,
plans include improving the existing vehicular access to and
from the property by adding a driveway on the makai side of
the structure, which will lead to an approximate 18 stall
asphalt-paved parking lot on~the back of the building. The renovated
structure will be used to house a mortgage company that has a
history of operation in Hilo with approximately 8-12 employees.
The property was originally purchased in May 2003 and in February
2004, the applicant bought out the other party. There is existing
financing against the subject property with Washington MBtual
Bank in the approximate amount of $164,500. The costs for all
improvements and remodeling will be covered with liquid assets
that are currently ear-marked for this project.
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-
r
TMK: 3-2-2-027-042
5. Have you per=formed any study which discusses the
environmental impacts your request would have on the
surrounding area and/or the County? No
If so, please elaborate on your findings in the space
provided below.
The existing building structure has been in place since the mid-
1930's. This change.+of zone application will not result in any
significant changes to the;~property at this time.
6. Are there any buildings on the subject area? YES
If so, what kind?
Existing res2dential two-bedroom home on the property with a
single car carport.
What do you intend to do with those buildings if your
request is approved?
Remodel and renovate as explained in paragraph 3 ~bave.
7. Is the subject land currently being used for any
agricultural activitity? NO
If so, please list the kinds of products grown and on
how many square feet or acres of land per product.
-3-
8. To your knovr~edge, 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 No
a. Schools XX
b. Roads XX
c. Sewer XX
d. Drainage XX
e. Police Protection XX
f. Fire Protection XX
g. Recreational Facilities XX
h. Public Utilities XX
i. Other
All existing facilities and services are very adequate for the
proposed project
-4-
TMK: 3-2-2-027-042
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 formal historical study has been conducted. The property has
been developed and improved since the mid-1930's. It appears
that no archaeological sites occur or exist on the property.
Signature: ~ `'^~~l ~ ~~~-J
Address: 1046 Manono Stree i(subject prop)
Telephone: 808-935-6711
Date: ~ t~ ~.UC.~-
Submitted and completed by:
Timothy DeLozier, owner
1438 Kilauea Ave. #3
Hilo, HI 96720
-5-
6338A/50A
a n. SiR4
BACKGRO€JND AND ENVIRONMENTAL REPORT
Change of Zone Application
Timothy DeLozier
1438 Kilauea Ave. #3
Hilo, Hawaii 96720
Timothy DeLozier has submitted an application for a Change of Zone by changing the
district classification from Single Family Residential (RS-10) to Neighborhood Commercial
(CN-10) for approximately 19,500 square feet of land. The property is located on the west side of
Manono Street approximately 200 feet from the comer of Manono Street and Lanikaula Avenue
in Waiakea Houselots, South Hilo, Hawaii County, TMK: 3-2-2-27-42.
A. Subiect Request
Request: Applicant, Timothy DeLozier, Assistant Vice President of AMERA Mortgage
Corporation, is requesting the change of zone in order to convert the existing residence to an
office building to house his mortgage company and another small business.
1. Details of Proposed Use/Develonment: The subject property consists of a land area of
approximately 19,500 squaze feet includes an existing residence built in 1934 and
contains a living area of approximately 1,192 squaze feet. Plans for the subject
development aze to include renovation of their interior of the existing building for
office use and maintaining the exterior design. The back portion of the property will be
converted to a paved parking area for the approximate 10 employees and clients,
eliminating the need for on-street pazking. The traffic impact will be minimal as the
company does appointment only business and does not expect "walk-in" traffic.
Business hours are generally 8 a.m. to 6 p.m. from Monday to Friday with some day
hours on Saturdays.
B. Conformance with State/County Plans
2. State Land Use designation is Urban.
3. N/A
4. "Manono Street" is a "tazgeted commercial" thoroughfaze per preliminary reseazch
with county planning department. This transition from residential to commercial is
apparent with the recent conversion of many neighboring pazcels from residential to
commercial use. Approval of this application advances this goal land trend.
5. General Plan designation (LUPAG Map) is Low Density Urban. The Planning
Deparhnent has recommended to the Hawaii County Council a change to Medium
Density Urban. Additionally, the proposed project is consistent with the Hawaii State
Plan, following objectives and policies of The Hawaii State Plan, Chapter 226, Revised
Statutes, 1995, particularly those that relate to planning with the environment.
Section 226-11, Objectives and policies for the physical environment -land-based,
shoreline and marine resources.
To achieve the land-based, shoreline and marine resources objectives, it shall be the
policy of this State to:
*Exercise an overall conservation ethic in the use of Hawaii's natural resources.
*Take into account the physical attributes of area when planning and designing
activities and
facilities.
*Encourage the protection of rate and endangered plant and animal species and
habitats native to Hawaii.
Section 226-I2, Objectives and policies for the physical environment -scenic, natural
beauty and historic resources.
To achieve the scenic, natural beauty and historic resources objective, it shall be the
policy of this State to:
*Promote the preservation and restoration of significant natural and historic
resources.
*Promote the preservation of views and vistas to enhance the visual and aesthetic
enjoyment of mountains, ocean, scenic landscapes and other natural features.
Section 226-17, Objectives and policies for facility systems -transportation.
To achieve the transportation objectives, it shall be the policy of this State to.•
*Encourage transportation systems that serve to accommodate present and future
development.
As provided in the above State objectives and policies, the proposed project will integrate
with the existing site. Considerations in natural resources, view impacts, traffic, cultural
background and environmental effects will be undertaken in the siting and planning of
this neighborhood office operation
The proposed project is designed to improve the surrounding azea, increase commercial
activity in the area and parking on the property, which aze intended for the convenience
of customers and to keep affordable real estate mortgages available indefinitely.
6. The Zoning is RS-10.
7. The property is in the Hilo Community Development Plan.
8. The property is not subject to Special Management Area.
C. Physical character#stics and environmental settint=_ of property and
surroundine area
Physical Characteristics/Environmental Setting
9. Subject property is located at 1046 Manono Street, Lot-12, Waiakea Houselots 15`
Series, Block 34, Hilo, Hawaii 96720, The lot size is 19,500 squaze feet and is
rectangular in shape with 100 foot frontage by 195 feet deep. The property is
level with no severe topographic or geologic constraints. The property includes a
68 year old wooden residential house with a living area of 1,192 square feet and an
unfinished lower level of 1,320 square feet of which 152 square feet is a carport.
Property elevation is approximately 50-100 feet above mean sea level. The area receives
on average 90 to 150 inches of rainfall annually. There is no dense vegetation or
forestation on the project site. The history is that of a single family residence. There are
no unique or endangered wildlife species that occupy the subject property. The
predominant species are lowland urban faunal species such as common myna, zebra
dove, house sparrow, barred dove, rice finch, Japanese white eye, cazdinal, etc.
10. Lava Hazard Zone 3
11. The property is located 1 mile from the coastline.
12. N/A
13. U.S.D.A. Natural Resources Conservation Services Soil Service Report soil
type: Soils on the site aze identified as Keaukaha Seriee (rKFD) extremely rocky
muck, 6 to 20 percent slopes. The soils consist ofwell-drained, thin organic soils
overlying pahoehoe lava bedrock. In a representative profile, the surface layer is
very dark brown muck, about 8 inches thick. The soils above the lava is rapidly
permeable. The pahoehoe lava is very slowly permeable, but water moves rapidly
through the cracks. Runoff is medium and the erosion hazard is nil to slight.
14. See #13 above.
15. See attached LandSafe Flood Determination Certificate #0305103103 dated 5/2/2003.
Property is in Flood Zone X per NFIP Map Number 155166 0880 C Sept. 16, 1998.
16. There is an existing storm water drain at the south end of the subject property's street
frontage. This drain is to remain unchanged. Upon re-zoning approval, dry-wells in the
proposed parking lot sufficient to handle run-off and rainwater accumulation will be
installed.
17. Noise: There will be temporary noise during the renovation and construction period.
Heavy equipment will be used for the paving of the parking lot. There will be no
heavy excavation or demolition involving jackhammers or blasting. Renovation is
expected to be completed within three months of project commencement.
Air Quality: Similaz to noise, there will be temporary dust generated by the project
construction phase. The primary source of this dust would be the remodeling of the
existing structures and the grading activity for the parking lot area.
Water Quality: There will be no impact on the water quality. Usage of water should
probably be less than existing residential use.
Other: Care will be taken to minimize the impact of this zone/use change to
neighboring residences. A barrier impervious to headlight glaze will be planted
azound the perimeter of the proposed pazking lot to prevent headlight glows from
penetrating to neighboring lots. After dazk operations and traffic activity aze minimal
to nil. Traffic flow impact will be reduced due to the addition of additional ingress to
the property. Upon zone change approval, a pazking lot of approximately 15-18
spaces will be constructed on the back-side of the existing dwelling structure.
Ingress will be via the makai side of the lot with cone-way in driveway around to the
pazking azea. Exit traffic will be directed through aone-way direction out via the
south side of the structure. All exiting traffic will be in a forwazd moving direction,
an improvement from the existing narrow driveway that requires automobiles to
either back in or back out from the subject property.
Historic Resources:
18. Existing archaeological, cultural or historic sites on National Register or Hawaii
Register: There are no known historic sites on the property as listed on the State or
National Register of Historic Places. Because the entire subject property has been
extensively altered by the urban uses, it is unlikely that there are any surface or
sub-surface significant historic sites remaining on the subject property.
Natural Resources:
19. Existing floral/faunal resources: Since 1934 this property has been in residential
use with the existing dwelling. Vegetation consists of a lawn and introduced
landscaping plants. There are no endangered or threatened species of plant or animal
situated on the subject property as the surrounding area has been improved with
residences for decades.
20. Scenic or coastal resources: This property is not a part of or contain any scenic or
coastal resources.
Valued Cultural Resources:
21. Hawaiian rights: The property is a portion of the Waiakea Houselots which was
created by the Territory of Hawaii in the eazly 1900's for residential use. It is
anticipated that there aze no traditional and customary native rights exercised on the
property and/or the azea.
Public Access:
22. Existing public access: There is no public access through this property to access
shoreline and/or mountain azeas. There is no knowledge of any public access being
used through this property. The property is entirely surrounded by other private
owned parcels.
Social-Economic Characteristics:
23. Social settlement pattern for the area: The property is a portion of the Waiakea
Houselots, which was created by the Territory of Hawaii in the early 1900's for
residential use. The general azea is predominantly older single family residential
construction, interspersed with a balanced mix of commercial, retail, office and
multi-family properties.
24. Economic resources of the area: The subject property is located in central Hilo
Town within a 2 mile radius of government offices, university, and Hilo International
Airport.. The location has convenient access to vital community services including
major retailers (Wal-Mart, Safeway, Macy's, and Sears), various small, local-based
businesses in the very close by industrial area varying from machine shop, farm
supply outlets, manufacturing, all which support the primary basis of the local
economy, agriculture. Agricultural parcels surround Hilo Town for many miles and
specialize mostly in tropical flowers, plants, and fiuit production.
25. Land values: The current conditions are improving, in that more sales activity is
taking place and inventories aze diminishing in all segments of the market. Property
values are increasing substantially, at a current statistical rate of 3-4% per month,
subsequent to declines from mid-1990 peaks, increasing demand and construction
activity are anticipated to continue stimulating the mazket, which may lead to higher
prices. The east side of the Big Island is experiencing many attractive new real estate
listings having multiple offers at or above asking price within days of being placed on
the market for sale.
Surrounding Lands:
26. Land use: Urban
27. Zoniug: RS-10 intermixed with light commercial and neighborhood business offices.
D. Public Facilities and Services
28. Access: Existing access to the property is via Manono Street. Manono Street has a
right of way with asphalt pavement and asphalt shoulders. The south portion of the lot
has a concrete sidewalk which, upon re-zoning approval, will be extended the entire
length of the lot parcel to the makai property boundary.
29. Availability of water: Subject property is connected to the county water system.
Water consumption for the proposed office use will be less than residential usage.
30. Sewage disposal: Subject property is connected to the public sewer. Proposed office
usage should be less than residential use.
31. Solid waste: Property has commercial solid waste disposal services easily available
and is a mere 5 minute drive to the Hilo transfer station at the end of Leilani Street
neaz the drag strip.
32. Police & fire protection: Property is serviced by both police and fire services,
County of Hawaii and central operations are within 2 miles of the subject property.
32. Schools: The azea is well served with schools and educational facilities. There are a
number of elementary through post-high school facilities within 3 miles of the subject
property.
33. Parks: Numerous pazks aze close to the subject property. Wailoa State Park and
Liliuokulani Pazk aze both within a few minute walk from the subject property.
34. Other utilities and services: All necessary services aze available for the subject
property. This includes all public utilities, water, sewer, electricity and telephone.
Additionally, high-speed Internet service is available via either DSL or Cable
Modem, a huge necessity for the mortgage industry this day and age. Employees of
the company will have access to close retail shops, lunch-time kitchen and quick-stop
mazkets. All are within walking distance from the subject property and these
businesses will benefit greatly by having regular customers from the business located
in the subject property.
E. Environmental assessment and analysis
35. Relationship between local short term uses of environmental and maintenance
and enhancement of long term productivity: As Hilo town continues to grow,
there is being a less and less availability of quality, economical and functional office
space with adequate pazking. The strong real estate market has caused a need to
grow the mortgage business that will occupy this proposed project. AMEBA
Mortgage entered this mazket in fa112001 and has quickly grown from a small, one-
man operation doing $0.5-1 million in closed loan production per month to currently
housing eight employees and closing .$2-3 million worth of transactions per month.
AMEBA has carved a niche in the local real estate mazket by developing a much-
needed expertise in the various nuances and special circumstances that pose
challenges to typical financing guidelines, namely dictated by mainland companies
and agencies. Availability of affordable financing for vacant land, existing homes,
new construction and more, including lava zones 1 & 2, have spurred this huge
growth. The local branch is one of several dozen scattered throughout the country,
and this small, local branch has become the top producing branch nationwide for the
corporation in spring 2004. Short-teen uses really don't exist because this proposed
project is truly along-term location for this growing company. The current location
is on short-term lease, which was tough to negotiate and there is no room to continue
to grow and add employees which will limit the availability of specialized real estate
mortgage financing for this area. Long term impacts include improvements to the
neighborhood by cleaning up this property. The property has some deferred
maintenance issues and overgrown landscaping. By approving this re-zone
application, a professional building will result that will be kept clean, well
maintained, landscaped and significantly add to the appeal of the neighborhood.
Additional services will be required to maintain the building, including landscaping
services, janitorial services, etc., consequently further improving employment
opportunities for the Hilo economy.
36. Mitigative measures proposed to avoid, minimize, rectify or reduce impact:
These measures have been addressed in the various topics discussed in previous
paragraphs. Particular acknowledgment needs to relate to the positive impact to the
traffic flow for the proposed project, improved landscaping and general appearance
to the existing deteriorating property and employment opportunities locally. Respect
will always be given to neighboring residents and businesses and will confidence,
they will only support this proposed project.
37. Alternatives to the proposed development: There are only two viable alternatives
to the proposed project. The first would be to keep the property as a residential
rental property. This would not have any of the positive impacts to the neighborhood
as discussed through this report because it is a well-known fact that residential
tenants do not take the care of their rented homes as much as if it was a place of
business. Most likely, a tenant would allow the yard to continue to be overgrown
and un-kept, would have to access or exit the property by reversing (causing
continued disruption and possibility of traffic accidents). and not report any
outstanding maintenance issues to the property owner. The other alternative would
be to sell the property, in which case, it is unknown whether that would result in
positive or negative impacts to the neighborhood. If could easily be sold to a
mainland buyer that is absent and allows the property to remain in a deteriorating
state or a tenant be placed in the property that runs a drug operation. Re-zone will
only result in great improvements to the neighborhood and have the best guazanty of
a positive impact to the community.
38. Irreversible and irretrievable commitments of natural resources that would be
involved if proposed action implemented: The proposed re-zone would have no
negative impacts or permanent irreversible or irretrievable commitments. The
biggest change would be the addition of a paved pazking lot with drainage to the
back side of the building structure. This is only asphalt paving and could not truly be
considered irreversible. There will be no major changes or alterations to the existing
structure.
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DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
_ } ,pt4TE: June 3, 2005
7~le~,ra~ardu~rc
TO: Christopher J. Yuen, Planning Director
FROM: ~~Cr Depa ent of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-005)
Applicant: Timothy DeLozier
Request: RS-10 to CN-10
TMK: 2-2-27: 042
We have reviewed the subject application forwarded by your memo dated May 13, 2005 and offer
the following comments for your consideration.
All development-generated runoff shall be disposed of on site and shall not be directed toward any
adjacent properties. A drainage study shall b prepared and the recommended drainage system
shall be constructed meeting the approval of the Department of Public Works.
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM)
by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be
outside the 500-year floodplain (may include areas with unknown flood or drainage hazards).
All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawaii County Code.
Manono Street is a County right-of-way that is classified as a secondary arterial according to the
zoning map. The applicant shall provide full improvements to the entire frontage along Manono
Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk,
drainage improvements, and any required utility relocation, meeting with the approval of the DPW.
Access to Manono Street will be limited to a single location and shall conform to Chapter 22,
County Streets, of the Hawaii County Code and will require a permit from the Department of Public
Works.
Streetlight and traffic control devices shall be installed as required by the Traffic Division,
Department of Public Works. The applicant shall be responsible for the design, purchase, and
installation of such devices.
Construction within the Manono Street right-of-way shall meet the requirements of the Americans
with Disabilities Act (ADA) and will be subject to the review and approval of the Disability and
Communication Access Board (DCAB).
Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327.
KG EX BIT ~i~6~DEi~n`~.
County of Hawaii is an Equal OppoRunity Provider and Employer
JMTY=~~ ~?W
4~•' ~4
Harry Kim Barbara Bell
Maynr - _ Director
a
.z-L'.. •rt'o~'gib Nelson Ho
Deputy Director
nun#~I of ~t~futtii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupnni Street, Room 210 • Hilo, Hawaii 96720-4252
(808) 961-8083 • Fax (808) 96]-8086
MEMORANDUM
Date May 26, 2005
To CHRISTOPHb:R YUEN, Planning it or
Fram BARBARA BELL, Director
Subject Change of Zone Application (REZ OS-005)
Applicant: Timothy DeLozier
Request: RS-10 to CN-10
TMK: 2-2-27:42
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER COMMENTS:
( ) 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 Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the
Hawaii Comity Code. Complete D.E.M. Sewer Extension Application.
( )Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23 5 0 ,the Hawaii County Code.
( ~ Other:__ ' C1 ~6°t+~t a-~ ~rL'" ~ e~_ -
o~ TECHMCAL SERVICES COMMENTS: ~~-L~~E=-~[~'~E~~
~-`~--t~~~~
SOLID WASTE COMMENTS:
( ) No comments
( Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
(y~) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( ;O Amplc room should be provided for implementation of a recycling program.
Cireenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations, or other suitable diversion programs.
(x) Construction and demolition waste is prohibited at all County Transfer Stations.
(x) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Other:_
cC: SWD, WWD, TS'S' Hawni'i Oounty is nn egunl oppar[umly provider and employer- 7061 ne1~~~..kTM'
EX BST
Barbara $ell
' Director
Harry Kim =
Mayor Lono Tyson
'•.,~,N'~~` Solid Was(e Division Chief
County of Hav~rai`i
DEPARTMENT OF ENVIItONMENTAL MANAGEMENT
25 Aapani Street, Room 210.1IOo, Eianai'i 867204252
(808) %1A08S • Fat (8118) %1$086
October 13, 2003
SOLID WASTE MANAGEMENT PLAN
Guidelines
INTENT AND PURPOSE
This is to establish guidelines for reviewing solid waste management plans, for which
special conditions are placed on developments. The solid waste management plan will
be used to: (1) encourage recycling and recycling programs, (2) predict the waste
generated by the proposed development to anticipate the loading on County transfer
stations, landfills and recycling facilities, and (3) predict the additional traffic being
generated because of waste and recycling transfers.
REPORT
The consultant's report will contain the Following:
1. Description of the project and the potential waste it may be generating: i.e.
analysis of anticipated waste volume and composition. This includes waste
generated during the construction and operational phases. Greenwastes will t
included in this report for both construction grubbing and future operational
landscape maintenance.
2. Description and location of the possible sites for waste disposal or recycling. We
will not allow the use of the County transfer stations for any commercial
development; commercial development as defined under the policies of fhe
Department of Environmental Management, Solid Waste Division.
3. Since the Department of Environmental Management promotes recycling,
indicate onsite source separation facilities by waste stream; i.e. source
separation bins of glass, metal, plastic, cardboard, atuminum, etc.
4. Identification of the proposed disposal site and transportation methods for the
various components of the waste disposal and recycling system, including the
number of truck traffic and the route that truck will be using to transport the waste
and recycled materials.
Solid Waste Management Plan Guidelines
Page 2 of 2
5. The report will include any impacts to County waste and recycling facilities, and
the appropriate mitigation measures. All recommendations and mitigation
measures will be addressed.
6. Description of the waste reduction component that analyzes techniques to be
employed to achieve a reduction goal.
7. Analysis will be based on the highest potential use or zoning of the development.
REQUIREMENTS AND CONDITIONS
1. A solid waste management plan will be done for all commercial developments, as
defined under the policies of the Department of Environmental Management,
Solid Waste Division.
2. We will require the developer to provide or resolve all recommendations and
mitigation measures as outlined in the report; besides any conditions placed on
the applicant by the Department of Environmental Management.
3. A licensed environmental or civil engineer will draft and certify the solid waste
management plan.
CONCUR:
Barbara Bell
DIRECTOR
„~Y O! yq4
(Y '~4
Harry Kim Darryl J. Oliveira
Ma r ~ Fire Chief
Ya _
•~;R....~ ~ Desmond K. Wezy
ur Deputy Fire Chief
~DUYCtp Df ~~YCI~I`i
FIRE DEPARTMENT
25 Aupuui Street • Sui[e 103 ~ Hilo, Hawaii 96720
(808) 961-8297 • Fax (808)961-8296
June 3, 2005
TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-005)
APPLICANT: TIMOTHY DELOZIER
REQUEST: RS-10 TO CN-] 0
TAX MAP KEY: 2-2-27:42
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General Fire appazatus access roads shall be provided and maintained in
accordance with the provisions of this section.
"(b) Where Required. Fire appazatus access roads shall be required for every building
hereafter constructed when any portion of an exterior wall of the first story is located more
than 150 feet from fire department vehicle access as measured by an unobstructed route
azound the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions ofthis section may be modified.
IDID ) ~ ~p\I CpGy
'11'~~~P ~f L1~ x <
E X 8' W 9a~o~`
Hatuai'i County is an Equal Opportunity Provider and Employer.
Christopher J. Yuen
June 3, 2005
Page 2
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional
fire protection as specified in Section 10.301 (b).
" 3. When there are not more than two Group R, Division 3 or Group M
Occupancies, the requirements of this section may be modified, provided, in the
opinion of the chief, fire-fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that
access by a single road maybe impaired by vehicle congestion, condition of terrain, climatic
wnditions or other factors that could limit access.
"For high-piled wmbustible storage, see Section S 1.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements ofthe appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire apparatus and approved signs are installed
and maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section may
be increased when, in the opinion ofthe chief, vertical clearances or widths are not adequate
to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
"(g) Turning Radius. The taming radius of a fire apparatus access road shall be as
approved by the chief." (45 feet)
"(h) Turnarounds. All dead-end tine apparatus access roads in excess of 150 feet in length
shall he provided with approved provisions for the taming around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be
constmcted and maintained in accordance with the applicable sections ofthe Building Code
and using designed live loading sufficient to carry the imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15%)
Christopher J. Yuen
June 3, 2005
Page 3
"(k) Obstruction. The required width of any fire appazatus access road shall not be
obstructed in any mam~er, including parking of vehicles. Minimum required widths and
clearances established under this section shall be maintained at all times.
"(1) Signs. When required by the fire chief; approved signs or other approved notices shall
he provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereofor both."
Water supply shall be in accordance with UFC Section 10.301:
"Sec. 10.301. (a) Type Required. The chief shall designate the type and number of fire
appliances to be installed and maintained in and upon all buildings and premises in the
jurisdiction other than private dwellings. This shall be done according to the relative
severity of probable fire, including the rapidity with which it may spread. Such appliances
shall be of a type suitable for the probable class of fire associated with such building or
premises and shall have approval of the chief.
"(b) Special Hazards. In occupancies of an especially hazardous nature or where special
hazazds exist in addition to the normal hazard of the occupancy, or where access for fire
apparatus is unduly difficult, additional safeguazds may be required consisting of additional
fire appliance units, more than one type of appliance, or special systems suitable for the
protection of the hazazd involved. Such devices or appliances may consist of automatic fire
alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or
portable fire extinguishers, suitable asbestos
blankets, breathing appazatus, manual or automatic wvers, carbon dioxide, foam,
halogenated and dry chemical or other special fire-extinguishing systems. Where such
systems are installed, they shall be in accordance with the applicable Uniform Fire Code
Standards or standazds of the National Fire Protection Association when Uniform Fire Code
Standards do not apply.
"(c) Water Supply. An approved water supply capable of supplying required fire flow for
fire protection shall be provided to all premises upon which buildmgs or portions of
buildings are hereafter constructed, in accordance with the respective county water
requirements. There shall be provided, when required by the chief, on-site fire hydrants and
mains capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or
other fixed systems capable ofproviding the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of
delivering the required Fire flow shall be protected as set forth by the respective county
water requirements. All hydrants shall be accessible to the fire department apparatus by
roadways meeting the requirements ofSection 10.207.
Christopher J. Yuen
June 3, 2005
Page 4
"(d) Fire Hydrant Markers. When required by the chief hydrant locations shall be
identified by the installation ofreflective markers.
"(e) Timing of Installation. When fu•e protection facilities are to be installed by the
developer, such facilities including all surface access roads shall be installed and made
serviceable prior to and during the time of construction. When alternate methods of
protection, as approved by the chief, are provided, the above maybe modified or waived.
"(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including
automatic sprinklers), Class 1, II, III (combination standpipe system) and wmbined systems,
basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet
the approval of the fire department as to installation and location and shall be subject to
periodic tests as required herein. Plans and specifications shall be submitted to the fire
department for review and approval prior to installation."
1
~ '
ARR L O EIRA
Fue Chief
JCP/cmj
r
RDeLozier•REZOS-0OS.jwd 06-22-OS
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
TIMOTHY DELOZIER
CHANGE OF ZONE APPLICATION (REZ OS-0051
Upon careful review of the request, the Planning Director recommends that a favorable
recommendation of the Change of Zone request be forwarded to the County Council. Since
this recommendation is made without the benefit of public testimony, the Director reserves the
right to modify and/or alter this position based upon additional information presented at the
public hearing. This favorable recommendation is based on the following findings:
The applicant is requesting the change of zone for 19,500 square feet of land from
a Single Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial
- 10,000 square feet (CN-10) district in order to convert the existing residence into an
office building to house a mortgage company and another small business.
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 be also considered as they may have an impact on similar areas in the
County, but ultimately, on the future development of the whole island.
The proposed change of zone request from RS-10 to CN-10 would further the
County's goals of providing an economic environment which allows new or existing
businesses to expand and diversify the County's economic base, and also increase choice
of occupations. The proposed use would be consistent with the following goals, policies
and standards of the Economic, Land Use and Commercial Elements of the General Plan.
Economic Element:
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
f
• Strive for dTiversity and stability in its economic system.
• Provide an economic environment which allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural,natural and
social environment.
• Strive for an economic climate that provides its residents an opportunity for
choice of occupation.
• Strive for diversification of the economy by strengthening existing industries and
attracting new endeavors.
The applicant will be providing residents who live in this area of South Hilo with
more opportunities for commercial services and employment.
Land Use Element:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
• Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access and public need.
Commercial Element:
• Provide for commercial developments that maximize convenience to users.
• Distribution of commercial azeas shall meet the demands of neighborhood,
community and regional needs.
• The development of commercial facilities should be designed to fit into the locale
with minimal intrusion while providing the desired services. Appropriate
infrastructure and design concerns shall be incorporated into the review of such
developments.
-2-
The propo~d change of zone is located in an area designated in the General Plan
to allow neighborhood commercial zoning and village commercial uses. The proposed
change of zone compliments the projected commercial needs of residents within this
vicinity of South Hilo.
Additionally, within in the General Plan a Course of Action for commercial
development within the South Hilo District recommends that "Appropriately located
commercial zoned lands shall be allocated as the need arises." This request would be
consistent with the urban form depicted for Hilo in that it would add commercial uses
serving the surrounding area as well as the Hilo community. Lastly, this area of the
Waiakea Houselots is in transition from residential to commercial and industrial uses.
The proposed rezoning action conforms to the LUPAG Map which
designates the area for Medium Density Urban Development. The Land Use Pattern
Allocation Guide (LUPAG) Map component of the General Plan represents the
document's goals, policies, standards and courses of action to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the spatial
relationships among various land uses and the expressed policy statements of the
document itself. The LUPAG Map, in essence, establishes the basic land use pattern for
areas within the County. The General Plan has recently been amended. This area was
changed from Low Density Urban to Medium Density Urban, which allows village and
neighborhood commercial and single family and multiple family residential and related
functions (multiply family residential - up to 35 units per acre). The proposed site would
be suitable and allow for Neighborhood Commercial uses. The applicant is requesting
the change of zone to allow commercial uses on the property. The rezoning
reclassification would be a reasonable expansion of commercial activities associated with
this designation and the existing commercial uses in the area.
-3-
The proper is situated within close proximity to commercial areas,
employment centers and public safety services. There are several commercial and
employment centers located within one or two miles from the subject property. These
include the Waiakea Center, the Prince Kuhio Mall, and businesses along E. Lanikaula
Street, Kawili Street, Makaala Street, Holomua Street and Wiwoole Street.
Public safety services within the area include the Hilo Central Fire Station located
on Kinoole Street, the Police Headquarters located on Kapiolani Street, and the Hilo
Medical Center located approximately 3 miles from the property.
Surrounding properties are zoned RS-10 and consist mainly of existing single
family dwellings. The former Hilo Mower and Saw property is located southeast of the
property on the northeast corner of E. Lanikaula Street and Manono Street. Along the
east side of Manono Street between E. Lanikaula Street and E. Kawili Street are
properties zoned ML-20. These properties consist of businesses such as Hawaii Farm
Services, Mid Pacific Wheels, Doc Stanley's Repair, Hawaiian Island Glass Tinting and
Auto Shine, which are within a warehouse structure. Additionally, there have been
several properties in the azea that have been rezoned for commercial uses.
The proposed change of zone would, therefore, complement the existing
commercial land uses, be consistent with the transition from residential to commercial
occurring in the immediate vicinity and provide for an orderly commercial development
of the azea.
The property is located within an area adequately served with essential
services and facilities such as water, sewer, transportation systems and other
utilities. The property is connected to County water and to the County's sewer system.
The applicant will be required to prepare a Solid Waste Management Plan and submit it
to the Department of Environmental Management for its review and approval. All other
essential utilities and services aze available to the property.
Existing access to the property is from Manono Street, which has a 50-foot wide
right-of--way with 20 to 22-foot wide pavement and paved shoulders. According to the
City of Hilo Zone Map, Manono Street is proposed to be increased to a 60-foot wide
right-of--way and, therefore, a 5-foot wide future road-widening strip is located along the
-4-
frontage of the property. The applicant will be required to provide full improvements to
the entire frontage along Manono Street consisting of, but not limited to, pavement
widening with concrete curb, gutter and sidewalk, drainage improvements, and any
required utility relocation. Additionally, access to Manono Street will be limited to a
single location.
The property has no severe topographic or geologic problems which cannot be
properly rectified or which would render the land unusable for the proposed use. The
property is classified as Zone X, azeas determined to be outside the 500-year flood plain.
The property is also located outside of the tsunami inundation area. The property has
been in residential use with the existing dwelling and accessory structures since the
1930's, and the Waiakea Houselots has been in urban development since the 1960's.
The subject development is not contrary to Chapter 205A, Hawaii Revised
States, relating to Coast Zone Management Area. The property is located more than
one mile from the nearest coastline. The proposed development will not adversely
impact recreational resources, including access to and along the shoreline or to mountain
areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems
and marine ecosystems.
Finally, because the property and surrounding azeas have been extensively altered
with urban development, it is not anticipated that endangered or threatened candidate
species of flora or fauna are located within the property, nor has the property been
identified as a significant botanical or biological habitat. In addition, it is also not
anticipated that the proposed development will have any adverse impact on cultural or
historical resources. Thus, it is also not anticipated that the proposed request will have
any adverse impact on cultural or historical resources in the azea.
Based on the above findings, approval of this change of zone request from Single Family
Residential (RS-10) to Neighborhood Commercial (CN-10) zoned district would result in an
appropriate land use pattern that will further the necessity, convenience and welfare of the
general public.
-5-
The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map),
Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. Please note
the proposed conditions of approval attached to the draft bill.
-6-
COUNTY OF HAWAI`~~~s~
$j STATE OF HAWAII
- K uF,
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HII,O ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL
(RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-10) AT WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY 2-2-027:042.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Waiakea, South Hilo,
Hawaii, shall be Neighborhood Commercial (CN-10):
Begi~ming at the Southeast corner of this parcel of land, being also the Southwest
comer of Parcel 5, the coordinates of which referred to Government Survey Triangulation
Station "HALM" being 3,243.00 feet South and 9,086.00 feet East and running by
azimuths measured clockwise from True South:
1. 90° 00' 195.00 feet along Lot 16-B, Grant 8718 to Duke
G. Jardine and Lot 15, Grant 8754 to
Anthony Markiewitch;
2. 180° 00' 100.00 feet along Lot I 1-B, Grant 9427 to Marie
Martins;
3. 270° 00' 195.00 feet along Lot 10, Grant 8969 to Lizzie
K. Watson, to the northwest corner
of Parcel 5;
-1-
4. 0° 00' _ 100.00 feet along the remainder of Lot 12, Grant
8751 to Annie K. Heen to the point
of begiruung and containing an area
of 19,500 Square Feet.
All as shown on the map attached hereto, marked Iixhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe 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
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading:
Effective Date:
-2-
_ OIL~]G -/7S-1e- RJ^°1~ - _ - _
RD- .75 ML-20 - -
RD- .75 RD-3.75 RS f0 RS-f0 ~ RS-f0
RS-f0 5-10
Leilani St
RS-1b RS-f0 RS-10 RS-10 RS-1 - RS-10 N R -10
- ~ ~ - 1 - - - -
- -
W
y
'C d
I -
-R f0 •c - -R$-10 c RS 10 RS-f0
- co Iff c
- - ~ ~
_ SINGL -FAM LY
RE IDE -TOj- - - -
T NEIG BORH OD 3,243.0 S
CO MER IAL C - 9,086.0 E
19,500 SQ. FT I - "HALA '
RS-10 RS-10 RS-f0 RS-10 RS-10 RS-10 RS-f0 S-f0
E Lanikaula St
OPEN RS-10 RS-f0 RS-10 RS-f0 RS-f0 RS-f0 RS-10 -10
i I - ~
ML20 ML-f0 ~ -
RS-10 ~ l~5-10
ML-10
0 c
II RS-f0 RS-10 i - _ r
ML-20 ML-f0 ~RS-f0 ~
_ _ _ _ MCX-20
Nahele Wa _
OPEN RS-ie RS-f0 Rg.iq. _-RS_f0 - E KBWIII St
290 145 0 290 580 870 7 160 1 4~0
eet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM SINGLE-FAMILY RESIDENTIAL (RS-10)
TO NEIGHBORHOOD COMMERCIAL (CN-10)
AT WAIAKEA, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK: 2-2-027:042 Date: May 23, 200
EXHIBIT "A"
(Timothy Delozien1161)
CDeLozier-REZOS-OOS.jwd 06-22-OS
TIMOTHY DELOZIEI~
CHANGE OF ZONE APPLICATION (REZ 05-005)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Plans for conversion of the building shall be submitted for Plan Approval within
one (1) yeaz from the effective date of this ordinance.
C. Access to Manono Street shall be limited to a single location. All driveway
co~mections to Manono Street shall conform to Chapter 22, Streets and Sidewallcs,
of the Hawaii County Code.
D. The applicant shall provide full improvements to the entire frontage along
Manono Street consisting of, but not limited to, pavement widening with concrete
curb, gutter and sidewalk, drainage improvements, and any required utility
relocation, meeting with the approval of the Department of Public Works.
E. The applicant shall also install street lights and traffic controls as required by the
Traffic Division, Department of Public Works. The applicant shall be responsible
for the design, purchase, and installation of such devices. All of the roadway
improvements to Manono Street shall be completed prior to a Certificate of
Occupancy.
F. 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.
G. If the applicant, successors, or assigns develop residential units on the subject
property in excess of the one (1) unit allowed by the current RS-10 zoning, the
applicants shall make its Fair share contribution to mitigate the potential regional
impacts of the property with respect to parks and recreation, fire, police, solid
waste disposal facilities and roads. The fair share contribution shall become due
and payable prior to receipt of Final Plan Approval. The fair shaze contribution
for each lot shall be based on the actual number of residential units developed.
The fair share contribution in a form of cash, land, facilities or any combination
thereof shall be determined by the County Council. The fair share contribution
maybe adjusted annually beginning three years after the effective date of this
ordinance, based on the percentage change in the Honolulu Consumer Price Index
(HCPI). The fair share contribution shall have a combined value of $6,411.25 per
multiple family residential unit. The total amount shall be determined with the
actual number of units according to the calculation and payment provisions set
forth in this condition:
The fair share contribution per multiple family residential unit shall be allocated
as follows:
1. $3,162.49 per multiple family residential unit to the County to support
park and recreational improvements and facilities;
2. $99.25 per multiple family residential unit to the County to support police
facilities;
3. $307.46 per multiple family residential unit to the County to support fire
facilities;
4. $137.04 per multiple family residential unit to the County to support solid
waste facilities; and
5. $2,704.31 per multiple family residential unit to the County to support
road and traffic improvements.
In lieu of paying the fair share contribution, the applicants may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
H. 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.
I. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements
-2-
J. 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 to what extent the conditions of
approval are being complied with. 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.
K. An initial extension of time for the performance of conditions within the
ordinance maybe granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that aze not the result of their fault or negligence.
2. Granting of the time extension would not be contrazy to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one yeaz maybe extended for up to one additional yeaz).
5. If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
L. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the azea within the subject property
to its original or more appropriate designation.
-3-