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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 tusosos Ref. Ta Enclosures Ref, Ugte ~i~~~ ~nn5 cc: Planning Department {B~ (39 5 Hawa~'f County is an Equal Opportunity Employer and Provider t't,« M :..,L •.r0 •••~~01 N~'+ 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. 1 ~ ~ o ~ - - ~ - r- i _ i - ~ ~ ~ - ~ 1 ~ _ t ~ - ~ _ F- ~ - , ~ h ~ ~ -i ~ j ~ _ - ~ r ~ - - k= r-- - - - - -I ~ -f - - - I ~ j ~ I ~ - - I_==,-- _ r ~ ~ ~ j--- - a ~ j ~ , ~ ~ ~ l ------I-- - f__ r---- ~ 7 i , _ - ~ L-_~ ~ ~ - r rt- I~- cr ~ ~ ' ~ 1 1 I (`3 _~L rT ~ n - ' ~ _J i ~ / ~ o-~:~ / act ri ~ i st=. \ y; - ~ i --~ooo~o~v, 1~wiv.- o \ co~o~in pwN~- o~[,~C7 ~]U7 G)x~ ~ p~, o b o m w ~C)ac")~9irbn7 C~5'Oaa ~ ~ o ~ w o o~ a w p ~ ~ o ~ ~ ~ ~ a ~ ~ ~ r o' ~ y m m ~ ~ ~ w ~ c 3 t ~ ~ oo a, o0 0' o ~ kb ~ ~ a N ao ~ cn n p ~ ~ ~ E'- ~ a' ° ~ ~ rn ro ~ ~ ~ ~ " A' ~ b ~ N ~ w ~ cv O s x o ~ o w ~ K m ~ a. m ~ r- E ® ~ --j ! ~g'~ 1 ~ afi I) ~ ~ ~ i ~ j A ~ - --i ' m ~ ~v i ~ r' m ~x~~y j y~- ~rsxo~gr c~~°y i I .~;~2 ~ ~ I ~ ~ ~~o i f - ! ~ ~ ! ~ ~ ~ u~ i! j i~ x~ ~ ' f' ~ i . -O~` r i ; in i ~ _ ~r ~ - 4-- ~ - _ - 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-