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HomeMy WebLinkAboutCOM 1045.000 2004-2006 tvwy Harry Kim Dixie Kaetsu Mayor w Managing Director r Barbara Kossow os•M~~ Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 967204252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawai'i 96740 (808) 329-5226 Fax (808) 326-5663 August 24, 2006 i:..A 1 Honorable Stacy Higa, Chairman and Members of the County Council h, County of Hawaii s 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: Ihange of Zone Application (REZ 06-000040) Applicant: Association of Apartment Owners of Lanikaula Professional Center Request: RS-10 to CG-20 Tax Map Key: 2-2-28:31 Amendment to Change of Zone Ordinance No. 98-98 (REZ 898) Applicant: Seawind Holding, Inc. Request: Time Extension to Conditions B & C Tax Map Key: 2-2-37:29 Change of Zone Application (REZ 06-000042) Applicant: James Ishii Request: RS-10 to MCX-20 Tax Map Key: 2-2-35:63 Change of Zone Application (REZ 06-000043) Applicant: NST Development, LLC Request: RS-10 to MCX-20 Tax Map Key: 2-2-36:64 and 134 As required by Chapter 4, Sec. 6-4.3(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. Since Comm. No. 0 S Harry Kim Ref. To: (JF/Mayor Ref. Date AUG 3,_ 0 7006 Enclosures cc: Planning Department (BV*" 332) ' r or County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 August 24, 2006 Stacy Higa, Chairman and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ 06-000040) Applicant: Association of Apartment Owners of Lanikaula Professional Center Request: RS-10 to CG-20 Tax Map Key: 2-2-28:31 The Planning Commission, after a duly held public hearing on August 4, 2006, 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 General Commercial - 20,000 square feet (CG-20) district for 33,803 square feet of land. The property is the site of the existing Lanikaula Professional Center located at the comer of Kilauea Avenue and Lanikaula Street, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicants are requesting a change of zone from RS-10 to CG-20. At this time, no changes to the existing improvements or uses are proposed. The applicants are "seeking additional flexibility to lease or sell their unit sometime in the future to professional businesses, not necessarily limited to medical or dental uses. The owners intend to maintain the building as a professional office center." No additional cost is anticipated as a result of the proposed change of zone. The existing uses will continue as is for the foreseeable future. The property is a fully developed parcel located on the northeast corner of Lanikaula Street and Kilauea Avenue. There is an approximately 6,000-square foot single-story medical/dental building and a paved parking area on the site. The building was completed in 1997 and contains four condominium units which Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 range in size from 1,520 to 1,672 square feet. The property is landscaped and there is a rock wall around the property's frontages on Lanikaula Street and Kilauea Avenue. Due to the improved nature of the project site, the topography of the parcel is relatively level. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential 10,000 square foot (RS-10) to a General Commercial - 20,000 square foot (CG-20) zoned district will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the Land Use - Commercial element of the General Plan. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated High Density Urban, which includes General Commercial, multiple family residential and related services. Thus the requested General Commercial zoning conforms to the LUPAG map for this area. Stacy Higa, Chairman and Members of the County Council Page 3 The State Land Use designation for the subject property is Urban. The property is unclassified by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP) adopted in 1975 designates the area as RM 4. Land uses in the immediate area include a mix of residential and commercial uses. Surrounding properties are zoned CG-10 to the north (REZ 05-000016), CG-10 to the west across Kilauea Avenue, site of a number of restaurants including Subway (REZ 826 Ordinance No. 06 084) and CG-20, site of Tyke's Laundromat (REZ 707 Ordinance No. 92 026). The adjacent property to the east is zoned RS-10 and improved with a single-family dwelling. The State Forestry facility is located across Lanikaula Street to the south and zoned Open (O). The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. From the late 1960's to present, numerous parcels in this section of the Waiakea Houselots have been rezoned from Single-Family Residential (RS-10) to Commercial Office (CO), General Commercial (CG) or Neighborhood Commercial (CN). The rezonings extend from Mohouli Street to Lanikaula Street and Kilauea Avenue to Kinoole Street. The uses on these parcels include real estate and attorney's offices, financial institutions, medical offices, laundry cleaning facility, restaurants and other commercial uses. With the adoption of the revised Zoning Code on December 7, 1996, all Commercial Office (CO) zoned districts were redesignated as General Commercial (CG). Therefore, the requested CG zoning would be consistent with the existing land use pattern established within this portion of Hilo. The property is located within an area adequately served with essential services and facilities such as water, sewer, transportation systems and other utilities. Access to the site is from Lanikaula Street, a County roadway with a pavement width of approximately 20 feet within a 60-foot right-of-way. The project also fronts Kilauea Avenue which has a 60-foot right-of-way. There is a curb and sidewalk along the project site's Lanikaula Street and Kilauea Avenue frontages. The City of Hilo Zone Map designates a 10-foot wide road widening setback along the project site's Kilauea Avenue and Lanikaula Street frontages for the future widening of both roads to an 80-foot right- of-way. The applicants state that "the proposed change of zone will not result in any additional traffic for the existing professional office complex." County water is available to the site. The project is connected to the County's sewer line. Solid waste is handled by commercial haulers. If required, a Solid Waste Management Plan shall be prepared. Electricity and telephone services are available to the site. Stacy Higa, Chairman and Members of the County Council Page 4 The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", areas determined to be outside the 500-year flood plain. According to the Department of Public Works, the northeastern portion of the parcel is located within Flood Zone "AE" by the Federal Emergency Management Agency (FEMA). Flood Zone "AE" is the Special Flood Hazard Area inundated by the 100-year flood where base flood elevations have been determined. The northeastern portion of the property designated "AE" is undeveloped and covered with gravel to minimize any potential flood hazard impact. All development generated run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. By letter dated April 25, 2006, the applicants have requested a "no effect" letter from the DLNR-HPD. As the property is fully developed, no professional surveys were conducted of the site. Should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicants will be required to notify the Planning Department. No professional flora or fauna surveys were conducted of the site. The applicants do not believe that rare or endangered floral or faunal resources are on the site. The property is located in an urban setting close to existing commercial uses and improved with a medical/dental building. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from a Single-Family Residential 10,000 square feet (RS-10) to General Commercial 20,000 square feet (CG-20) would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. Stacy Higa, Chairman and Members of the County Council Page 5 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, C. Kimo Alameda, Chairman Planning Commission Laoaolanikaula02PC Enclosures cc: Mr. Brian Nishimura Dr. Alvin Yoshida Department of Public Works Department of Water Supply Rodney Haraga, Director/DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel w BAOAOian&aul.REZ.doo 7/11/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ASSOCIATION OF APARTMENT OWNERS OF LANIKAULA PROFESSIONAL CENTER CHANGE OF ZONE APPLICATION (REZ 06-000040) The ASSOCIATION OF APARTMENT OWNERS OF LANiKAULA PROFESSIONAL CENTER has submitted an application for a Change of Zone from Single Family Residential - 10,000 square feet (RS-10) to General Commercial - 20,000 square feet (CG-20) for approximately 33,806 square feet of land. The property is the site of the existing Lanikaula Professional Center located on the northeast corner of the Kilauea Avenue - Lanikaula Street intersection, Waiakea, South Hilo, Hawaii, TMK: 2-2-28:31. REQUEST 1. Proposed Action: Change of Zone from Single-Family Residential (RS-10) to General Commercial (CG-20). At this time, no changes to the existing improvements or uses are proposed. The applicants are "seeking additional flexibility to lease or sell their unit sometime in the future to professional businesses, not necessarily limited to medical or dental uses. The owners intend to maintain the building as a professional office center." No additional cost is anticipated as a result of the proposed change of zone. The existing uses will continue as is for the foreseeable future. (Exhibit 1- Change of Zone application) 2. Landowners: Alvin T. and Colleen C. Yoshida, Michael A. and Gail E. Clarke, Charles R. Sugiyama Trust, and Douglas T. Shiro. BACKGROUND INFORMATION 3. May 19, 1994: Effective date of Use Permit No. 124, which allowed the establishment of a medical/dental facility and related uses. By letter dated February 26, 1998, the Planning Director determined that the applicant complied with all conditions of approval of the permit. (Exhibit 2 - February 26, 1998 letter) OTHER INFORMATION 4. Proposed CG zoning: The height limit in the CG district is 120 feet in Hilo. (Exhibit 3 - Chapter 25 Zoning Code, Section 25-5-110) ATTACH: Comm. 1045 Bill 332 STATE AND COUNTY PLANS 5. State Land Use Designation: Urban. 6. County Zoning: Single-Family Residential 10,000 square feet (RS-10). 7. GP LUPAG Map: High Density Urban. The project area was redesignated from Medium Density Urban to High Density Urban during the 1989 General Plan update. 8. Hilo Community Development Plan: The Hilo CDP adopted by the Planning Commission over twenty-one (21) years ago by Resolution No. 1 on May 21, 1975 identifies the area as RM-4. 9. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies within the Coastal Zone Management Area. 10. Special Management Area (SMA): The SMA is a part of the Coastal Zone Management Program and regulated by the County. The property is located over two miles from the nearest shoreline and not situated within the Special Management Area. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 11. Subject Property: The property is a fully developed parcel located on the northeast corner of Lanikaula Street and Kilauea Avenue. There is an approximately 6,000-square foot single-story medical/dental building and a paved parking area on the site. The building was completed in 1997 and contains four condominium units which range in size from 1,520 to 1,672 square feet. The property is landscaped and there is a rock wall around the property's frontages on Lanikaula Street and Kilauea Avenue. Due to the improved nature of the project site, the topography of the parcel is relatively level. 12. Surrounding Zoning/Land Uses: Surrounding properties are zoned CG-10 to the north (REZ 05-000016), CG-10 to the west across Kilauea Avenue, site of a number of restaurants including Subway (REZ 826 Ordinance No. 06 084) and CG-20, site of Tyke's Laundromat (REZ 707 Ordinance No. 92 026). The adjacent property to the east is zoned RS-10 and improved with a single-family dwelling. The State Forestry facility is located across Lanikaula Street to the south and zoned Open (O). 13. Land Study Bureau's Productivity Rating: Unclassified. 14. Noise impacts: Existing ambient noise includes primarily vehicular traffic. 15. Air Quality: The proposed project will not directly impact air quality in the area. -2- 16. U.S.D.A. Soil Type: OID, Olaa extremely stony silty clay loam. Permeability is rapid, runoff is slow, and the erosion hazard is slight. 17. FIRM: Zone "X", areas determined to be outside the 500-year flood plain. According to the Department of Public Works, the northeastern portion of the parcel is within Flood Zone "AE" by the Federal Emergency Management Agency (FEMA). Flood Zone "AE" is the Special Flood Hazard Area inundated by the 100-year flood where base flood elevations have been determined. The portion of the property designated "AE" is undeveloped and covered with gravel to minimize any potential flood hazard impact. 18. Coastal Hazards: The property is located over one mile from the shoreline, is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 19. Visual Resources: The proposed project will not affect the line-of-sight toward the ocean. 20. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 21. Flora/Fauna Resources: As the project site and surrounding area is fully improved, it is unlikely to provide a habitat for endangered species of flora and fauna. 22. Archaeological/Cultural Resources: As the property is fully improved, it is unlikely to contain any significant historical or cultural sites. Nevertheless, by letter dated April 25, 2006, the applicant has requested a letter of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. 23. Traffic: The applicants state that "the proposed change of zone will not result in any additional traffic for the existing professional office complex." 24. Public Access: None that traverses the property. PUBLIC UTILITIES AND SERVICES 25. Access: Access to the site is from Lanikaula Street, a County roadway with a pavement width of approximately 20 feet within a 60-foot right-of-way. The property also fronts Kilauea Avenue which has a 60-foot right-of-way. There is a curb and sidewalk along the project site's Lanikaula Street and Kilauea Avenue frontages. The City of Hilo Zone Map designates a 10-foot wide road widening setback along the property's Kilauea Avenue and Lanikaula Street frontages for a future widening of both roads to an 80-foot -3- right-of-way. 26. Water: County water is available to the site. 27. Wastewater: The property is connected to the County sewer system. 28. Solid Waste: The existing facility utilizes a commercial hauler. 29. Essential Utilities and Services: All essential utilities and services are available to the site. Police services are available at the main station on Kapiolani Street, and fire protections services are available at the Hilo Central Fire Station on Kinoole Street. AGENCIES' COMMENTS 30. Department of Public Works: Exhibit 4 - June 26, 2006 memo 31. Police Department: Exhibit 5 - June 19, 2006 memo 32. Fire Department: Exhibit 6 - June 11, 2006 memo 33. Department of Water Supply: Exhibit 7 - June 27, 2006 memo 34. Department of Environmental Management: Exhibit 8 - June 7, 2006 memo 35. Department of Health: Exhibit 9 - June 9, 2006 memo 36. Hawaii Electric Light Company, Inc.: Exhibit 10 - June 27, 2006 memo AGENCIES - NO RESPONSE 37. Civil Defense Agency, Department of Land and Natural Resources Land Division and Historic Preservation Division, and Natural Resources Conservation Service PUBLIC COMMENTS 38. Exhibit 11- June 13, 2006 letter from Concept Development -4- P`n '(;MANGE OF ZONE APPLICATION CCIJi' 1 ( Or ~jr, v't ,I) COUNTY OF HAWAII PLANNING DEPARTMENT . (Type or legibly print the requested information) APPLICANT: Association of A ent Owners of Lanikaula Professional Center APPLICANT'S SIGNATURE: KYe"~' DATE. 6` /1212&(P ADDRESS: 31 E. Lanikaula Street, Suite C. Hilo, Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Douglas T. Shiro. Apartment Owner, Charles Sugivama, Apartment Owner, Alvin T. Yoshida, Apartment Owner, Michael A. Clarke, Apartment Owner PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): Same as above LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: REQUEST: Single Family Residential (RS-10) TO General Commercial (CG-20) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2-2-28:31 STREET ADDRESS OF PROPERTY: 31 E. Lanikaula Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 33.806 square feet AGENT: Brian T. Nishimura, Planning Consultant ADDRESS: 101 Aupuni Street, Ste. 217, Hilo, Hawaii 96720 TELEPHONE:(Bus.) (808) 935-7692 (Res.) (808)935-7486 (Fax)__(8Q81935-6126 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: Agent EXHIBIT ATTACHMENT Commexch] RM,Resort,& Industrial PLANNING DEPARTMENT COUNTY OFHAW AIr APPLDATDN FOR CHANGE OF ZONE 1. if yourrequestis approved, do you btend to subdivide the subecthnd in accordance w 1ih the approved change ofzone? No Ifyes tease answ erthe restofquestbn Iand then to questim 3. a. H ow m any acres of the requested area do you mend to subdi de? b. hto whatbtsizes? c. ifyourrequestds approved, approxin atPlj how bng after the date ofapprovaldo you expectto subm it yoursubdivisnn phns to the Phnnhg Deparbi ent brprelh nary approval? If you intend to subdnride,phase subm ita prelnr nary schem atc subddvisnn plan bgetherw ih yourchange of zone application form . 2. If you nave no fora plans ofsubddvfdirg the subectarea, do you intend to: a. SeIlorhase the hnd to som eone who has fmn phns? b. SeIlorhase the )and to som eone who has tentative phns? C. SeIlorhase the hnd to som eone who has no phns? d. Keep it? Yes e. other ¢ .base state) L Tyou mend to do eihera, b, or c, phase ehbointe on the kind ofphns the otherpa ly has. Phase, also, hc.bde in youranswerapproxut ate2y how soon after appmvalofyourrezonng do you expectto tiansferthe subj~cthnd to anotherparty. 3. W hatspecifc burlding phns do you have forthe subecthnd? lncbde n youranswerthe folbwing:type ofbuJ]iing (aparhn ent; office, hundemt B, etc.); fhanciag anangem enta tin etabh forconstxuction; and any otherinfb n atbn which you feelnn ighthelp us h evabati]g yourrequest The Hawaii County Planning Commission approved Use Permit No. 124 on May 19, 1994 which allowed the establishment of medical/dental facilities on the subject property. A single story commercial structure was completed in 1997 and contains four condominium units which range in size from 1,520 square feet to 1,672 square feet. 4. H ave you perfDml ed any study w hrh w ouh dem onstrate a need for yourpmposed buillrg and,4rdevebpm ent? No fso, phase ehbomte on yourfndings h the space pmviled bebw. -2- 5. Have you perfbim ed any siudy w hi h discusses the envyonm entalia pacts your mquestwouh nave on the su mundibg area and/or the County? Yes If so, phase ebbonate on yourfndings in the space pmviled bebw . In considering the Use Permit Application in 1994, the Hawaii County Planning Commission determined that, "The desired use will not be materially detrimental to the public welfare nor cause substantial adverse impact to the community's character or surrounding properties." 6. Are these anybwlings on the subectama? Yes f so, whatkbd? Single story commercial structure. W hatdo you intend to do w 1h those buiHngs ifyour requests appmved? The building will be maintained as a commercial structure. 7. Is the subec hnd currently berg used forany agsd;uhualact$dty? No iEso, phase listthe kinds ofpmducts grown on and . how m any square feetoracros ofhnd perpmduct2 -3- B. To yourknow bdge, has there been any fbodbg and/or drainage pmbbm on the subectarea? No Ifso,pbase descrbe the pmbbm . 9, Do you think thatthe roads bading to the subectama needs in pmvem ent? No ff so, w hatknd? 7s the mad adequate forthe proposed ffift vohm e orbad? Yes 10. Whatsortofgovemmentalassstanceand,orinpmvements do you feelwMbe needed in the subj-ctama when devebped? yes N4 a, Schools x b, Roads x c. Sewer x d. D nanage x e. Poli;e Pmtecthn x L Fim PmlLcthn x RecreathnalFac2k:bs x 9• h. RecmathnalFaclides % i 0 ther -4- Forthose checked 'yes,"phase elaborate whattype orkbds of in pmvem ents and,brassstance are needed. 11. H ave you pertona ed any histDZi-- s es study and brsurvey oflhe subectarea? lfso,whatwem the msuh? Phase, also, subm ita copy ofihe study togetherw 8h this change of zone supphsn ent No specific historic sites study has been performed for the subject property. Due to the urbanized nature of the project site and surrounding properties, it is unlikely to contain any significant historic sites. Silnatute: j~_~f Address: 31 E. Lanikaula Street ~A~nr~At)Io-`rt4. C14 Tehphone: gob- q( b f - to tofn2 Da>E: 12- -2-00 j0 6338Ab0A P.D.5M CHANGE OF ZONE APPLICATION BACKGROUND AND COUNTY ENVIRONMENTAL REPORT APPLICANT: ASSOCIATION OF APARTMENT OWNERS OF LANIKAULA PROFESSIONAL CENTER REQUEST: Single Family Residential 10,000 (RS-10) to General Commercial 20,000(1JJr'-20) 4CC,-2-0) TAXMAPKEY:(3) 2-2-28: 31 A) SUBJECT REQUEST 1) Details of the Proposed Development: a) Project description: The applicants are requesting a Change of Zone for approximately 33,806 square feet of land from a Single Family Residential 10,000 (RS-10) to a General Commercial 20,000 (CG-20) zoned district. The subject property is situated on the northeastern corner of the Kilauea Ave.-Lanikaula Street intersection, Waiakea, South Hilo, Hawaii. The Hawaii County Planning Commission approved Use Permit No. 124 on May 19, 1994 which allowed the establishment of medical/dental facilities on the subject property. A single story commercial structure was completed in 1997 and contains four condominium units which range in size from 1,520 square feet to 1,672 square feet. The four condominium units are owned by Michael A. Clarke DDS, Douglas T. Shiro DR, Charles Sugiyama DDS, and Alvin T. Yoshida DDS. Additional improvements on the property include landscaping, rock walls and a paved parking lot with 20 customer parking stalls and 8 tandem parking stalls for the medical/dental offices. All of the conditions imposed on Use Permit No. 124 and subsequent amendments have been complied with. These conditions included requirements to upgrade the existing sidewalk and driveway to commercial standards along the entire Kilauea Ave and Lanikaula Street frontages as well as pay the County of Hawaii $30,000, determined to be their fair share payment for the County to perform road widening improvements along Lanikaula Street and Kilauea Avenue at a future date. b) Statement of objectives and reasons for the request: The applicants are not planning to make any changes to the existing improvements or uses established on the subject property. They are seeking some additional flexibility to lease or sell their unit sometime in the future to professional businesses, not necessarily limited to medical or dental uses. The owners intend to maintain the building as a professional office center. c) Timeframe and cost: No additional cost is anticipated as a result of the proposed change of zone. The existing uses will continue unchanged for the foreseeable future. d) Traffic impacts: The proposed change of zone will not result in any additional traffic for the existing professional office complex. B) CONFORMANCE WITH STATE/COUNTY PLANS 1) State Land Use designation: The subject property is situated within the State Land Use Urban district. 2) Applicable goals/policies and objectives of the General Plan: The proposed project is consistent with the following goals, policies, and objectives of the General Plan. Land Use-General • 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- 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. Land Use-Commercial • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • Commercial facilities shall be developed in areas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments. 3) General Plan designation: The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for the project area is High Density Urban. 4) Zoning: The zoning designation for the subject property is Single Family Residential 10,000 (RS-10). 5) Community Development Plan: The Hilo Community Development Plan, adopted by Resolution on May 21, 1975, suggests a Multiple Residential- 4,000 square feet per unit (RM-4) designation for the subject area. Nevertheless, the Hilo Community Development Plan also recognizes the need for future commercial development to reinforce existing commercial areas by encouraging it to fill in to be a unified City Center rather than further disassemble to other parts of Hilo. This City Center is defined as the area of High Density Urban Development as outlined by the General Plan. 6) Special Management Area (SMA): The subject property is not situated within the SMA boundary. C) PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA 1) Description of the subject property: The subject property has a land area of approximately 33,806 square feet with a frontage along Lanikaula Street of approximately 183 feet and a frontage along Kilauea Avenue of approximately 101 feet. The existing single story commercial structure, constructed in 1997, has a floor area of approximately 6,232 square feet. Existing structural setbacks are 25 feet front setback from Lanikaula Street, 30 feet front setback from Kilauea Avenue, 10 feet side yard setback (north side) and 62 feet side yard setback (east side).The perimeter boundaries of the property are extensively landscaped and a paved parking lot includes 20 customer parking spaces and 8 tandem spaces for the medical/dental offices. 2) Lava Hazard Zone: The subject property is in a region where the volcanic hazard, as assessed by the United State Geological Survey, is determined to be Lava Flow Hazard Zone 3 on a scale of ascending risk from 9 to 1. Zone 3 includes the lower slopes of Mauna Loa, including the entire City of Hilo, which are gradually less hazardous than Zone 2 because of greater distance from recently active vents and/or because the topography makes it less likely that flows will cover these areas. 3) Distance from the coastline: The nearest coastline is situated approximately 5,800 feet north of the subject property. 4) Agricultural Lands of Importance to the State of Hawaii (ALISH) designation: The project site does not include prime, unique, or other important agricultural land of statewide or local importance. 5) U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: The U.S.D.A., Soil Conservation Services Soil Survey of the Island of Hawaii classifies the soil of the subject property as Olaa extremely stony silty clay loam with 0 to 20 percent slopes (0113). Permeability is rapid, runoff is slow, and the erosion hazard is slight. 6) Land Study Bureau soil rating: The subject property is designated as an urban area and was not given a soil rating. 7) Existing drainage ways or improvements: There are no existing drainage ways or improvements in the vicinity of the subject property other than the drywells constructed to dispose of development generated runoff on the subject property. A small portion of the northeastern corner of the subject property is located within Flood Zone AE as designated on the Flood Insurance Rate Map by the Federal Emergency Management Agency (FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100-year flood where base flood elevations have been determined. The owners have kept that portion of the subject property within Flood Zone AE in an undeveloped state covered with gravel to minimize any potential flood hazard impact. 8) Air/noise/water quality: The air quality of the subject property is primarily affected by pollutants derived from the volcanic emissions from the ongoing Kilauea eruption. Other sources of air pollution affecting the project site include exhaust emissions from neighboring streets. In general, however, the ambient air quality of the project area meets all federal and state standards as evidenced by its designation as an "attainment' 'area by the State Department of Health, Clean Air Branch. Existing noise levels in the vicinity of the subject property are influenced by vehicular traffic on neighboring streets as well aircraft noise from the Hilo International Airport. These noise levels are typical of other commercial areas in Hilo that are not situated in close proximity to any significant noise generators. The closest water body to the project area is the Waiakea Pond, approximately 3,000 feet north of the project site. As such, the proposed change of zone is not anticipated to have any impact on water quality. 9) Existing archaeological, cultural or historic sites on National Register or Hawaii Register: Due to the development and use of the subject property for a medical/dental office complex since 1997, it is highly unlikely that any archaeological, cultural or historic sites are present on the property. A letter dated April 25, 2006, was transmitted to the State Historic Preservation Division requesting a "no effect" determination for the subject application. No response from the State Historic Preservation Division has been received to date. 10) Existing floral/faunal resources (any native or exotic plants; any listed or candidate for endangered species): The entire parcel has been previously graded and developed for a medical/dental office complex since 1997. There is no habitat that would appear valuable for native terrestrial or aquatic species. The disturbed, urban qualities of the site make it poorly suited as habitat for any listed or candidate for endangered species. 11) Scenic or coastal resources: The predominant scenic views in the vicinity of the project area are of Mauna Kea and Mauna Loa. These views will not be adversely affected by the proposed rezoning. There are no coastal resources in the immediate vicinity of the subject property. 12) Social settlement pattern for the area: The project area is within an area of transition which was previously predominantly single family residential in character. Land uses in the vicinity are a mix of residential and commercial uses. There are a wide variety of land uses within a''/z mile radius of the subject property including churches, gas stations, financial institutions, restaurants, convenience stores, personal service providers, government offices, light industrial and residential uses. 13) Economic resources of the area: The project area is situated in close proximity to employment centers, shopping centers, schools, churches, public and private service providers, and airport and wharf facilities. 14) Land values: According to Real Property Tax assessed values, the subject property has an assessed land value of $405,600 based on the commercial use established on the property. 15) Land use: Land uses in the vicinity are a mix of residential and commercial uses. There are a wide variety of land uses within a''/z mile radius of the subject property including churches, gas stations, financial institutions, restaurants, convenience stores, personal service providers, government offices, light industrial and residential uses. 16) Zoning: There are only 3 remaining parcels on Kilauea Avenue between Kekuanaoa Street and Lanikaula Street that are not zoned General Commercial. Besides the subject property, tax map key no. 2-2-28: 19 is zoned RS-10 but has been developed as a church site and tax map key no. 2-2- 24:10 is zoned RD-3.75. Properties to the east and along Lanikaula Street are zoned RS-10 while the Hilo Nursery and Arboretum site on the south side of Lanikaula Street is zoned Open. D) PUBLIC FACILITIES AND SERVICES 1) Description of access: Access to the subject property is provided by Lanikaula Street which has a pavement width of 20 feet within a 60 foot wide right-of-way. The project site also fronts on Kilauea Avenue which has a pavement width of 36 feet within a 60 foot wide right-of-way. As required by Use Permit No. 124, a 10 foot wide road widening strip along the entire frontage of Kilauea Avenue and a 5 foot wide road widening strip along the entire frontage of Lanikaula Street has been designated on project plans. 2) Availability of water: Water is available to the project site. 3) Sewage disposal: The existing medical/dental facility is connected to the County sewer system. 4) Solid waste: There is no municipal collection system for solid waste in the County of Hawaii. The existing medical/dental facility utilizes a commercial hauler to dispose all waste generated by the facility at appropriate sites designated by the Department of Environmental Management. 5) Police and fire protection: Police services are available at the main station on Kapiolani Street and fire protection services are available at the Hilo Central Fire Station located at the corner of Kinoole Street and Ponahawai Street. 6) Schools: The proposed change of zone will not have any impact on schools in the area. 7) Parks: The proposed change of zone will not have any impact on parks serving the Hilo area. 8) Other utilities and services (telephone/electricity): The subject property is served by electrical and telephone lines from the adjacent streets. E) ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1) Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: The project area has been committed to urban uses for over 60 years. Approval of the subject change of zone application is consistent with the transition from single family residential to commercial use which has occurred for the vast majority of the parcels along this section of Kilauea Avenue between Lanikaula Street and Kekuanaoa Street. This transition is consistent with the General Plan LUPAG Map High Density Urban designation. 2) Mitigative measures proposed to avoid, minimize, rectify or reduce impact: Impacts resulting from the proposed change of zone are expected to be minimal. The medical/dental facility has been open since 1997 and will continue to operate as a professional office center. 3) Alternatives to the proposed development: In the event that the change of zone application is denied, the RS-10 zoning will remain and the owners will continue to operate the medical/dental facility under the terms established by Use Permit No. 124. 4) Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented: The subject property has been utilized for a medical/dental facility since 1997. As such, the natural resources of the area have already been committed for urban use for many years. ' ~''"ra "`ALE+L E- Piilb'a 4~?f.:.r wA rth IL- ' LOCATION NAP - n.r k oxu v° COCONUT /SSLA LA t'-.f •EMS:=~; :i e `~~1f. f` NG f({r`M1 RA:N6rW rz- /ee,' µl ,V KJr 6Lr / ..,E t a ~gw PROJECT SITE _ _ ti,.4»1 . . Jn i[A~ iw -.M`'•. `'t F°.Y •abl. ^yw-.~~ pY' 4r C ~ .xLSf r•: iaaz R T •aYL» • ' ~ JY _ :~.C Y. \ . r. t rx` t ~ tai -e<5r P4anwo ~r \I ~~(aV• } - 'daY tia _ •1 _ _ ~ ~ I t * ,i' rc. l.<" Sr V ~ Y I f_. 1 t- s -I a '.Y:YYa :1 ~ ' Y ' Ll .l J n•YfM@ r 6 6r aPN:a rnWWP. 1WL - .a1 -~1 w a'f'lY•M Y S41\ di , _w 2 ~ w x ~ , ? R U ryF. 1 z .l1 . I gyn. '°~f C 3 4. \ Jill ~ 8 00, IIN•IOR ~V • ~a S as aJp'/ v ° i1~ l J ~p ? pp ` .~Ry~ op y - - a a~° gR to ~i \16 dq~Fa . Q R\G j 06 OOOV • 5 y AV .0* OUGG / G eofr.aM 6a \ gag; 1 • r r ul Wig -n A 9 _0 O m aA 6 :j P J >j 11 r-i Cp z 4 g y - (DO m D E N P r• 8° O cP ~ ED M r 1-1 gq g 1 r D b D N o f nl rn OU r bb i5 0 D D d-00 y _o r z z ~9~a 1 z~ I M N a O M W OJ„SV Or /,,~5 Virginia Goldstein Stephen K. Yamashiro ` - yl Director Mayor i• Russell Kokubun Deputy Director IT t; ~ o~:r 1rr.OS~MIl, (91m11f 1 11 C".21funii PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252 (808) 961-8288 • Fax (808) 961-8742 February 26, 1998 Steven S. C. Lim, Esq. Carlsmith Ball Wichman Murray Case & Ichiki P.O. Box 686 Mo, HI 96720 Dear Mr. Lim Use Permit No. 124 Tax Map Key: 2-2-28:31 Upon notification from the Department of Public Works, Engineering Division that the third and final payment of $10,000 had been received by that department, we have reviewed our files and find that your clients have complied with all the conditions of Use Permit No. 124. Based on the above, the Planning Director has determined that no further Annual Progress Reports need to be submitted to this office, pertaining to this Use Permit. Should you have any questions on this matter, please free to contact Alice Kawaha or Francis Saiki of this office at 961-8288. Sincerely 1 VIRGINIA GOLDSTEIN Planning Director FS:cjf fAwpwin60\christin\slim.fs xc: Planning Commission EXHIBIT a. 9iAR 2 1998 Hawaii County Code §25-5-110 eave overhanging the front property line in the CN district. The director may also require that the eave be of similar height and design in any one block of the CN district. (b) Plan approval shall be required for all new structures and additions to existing structures in the CN district. (c) Exceptions to the regulations for the CN district regarding heights, building site areas, build- ing site average widths and yards, may be approved by the director within a planned unit development. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Division 11. CG, General Commercial Districts. Section 25-5-110. Purpose and applicability. (a) The CG (general commercial) district applies to an area suitable for commercial uses and ser- vices on a broad basis to serve as the central shopping or principal downtown area for a city or a region. (b) No CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-111. Designation of CG districts. Each CG (general commercial) district shall be designated by the symbol "CG" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-112. Permitted uses. (a) The following uses shall be permitted uses in the CG district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Art studios. (5) Automobile service stations. (6) Automobile sales and rentals. (7) Bars, nightclubs and cabarets. (8) Bed and breakfast establishments, as permitted under section 25-4-7. (9) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (10) Broadcasting stations. (11) Business services. (12) Car washing, provided that if it is mechanized, sound attenuated structures or sound attenuated walls shall be erected and maintained on the property lines. (13) Catering establishments. (14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (15) Churches, temples and synagogues. (16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. (17) Commercial parking lots and garages. (18) Community buildings, as permitted under section 25-4-11. Unofficial Planning Depardnent version (2128103) EXHIBIT 25-72 3 Hawaii County Code §25-5-112 (19) Convenience stores. (20) Crop production. (21) Day care centers. (22) Display rooms for products sold elsewhere. (23) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (24) Dwellings, multiple family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (25) Dwellings, single-family. (26) Equipment sales and rental yards, and other yards where retail products are displayed in the open. (27) Family child care homes. (28) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (29) Financial institutions. (30) Group livingfacilities. (31) Home occupations, as permitted under section 254-13. (32) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. (33) Hotels. (34) Ice storage and dispensing facilities. (35) Laboratories, medical and research. (36) Laundries. (37) Light manufacturing, processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. (38) Medical clinics. (39) Meeting facilities. (40) Model homes, as permitted under section 254-8. (41) Mortuaries. (42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighbor- hood recreational areas and uses. (43) Offices. (44) Personal services. (45) Photography studios. (46) Public uses and structures, as permitted under section 25-4-11. (47) Printing shops, cartographing and duplicating processes such as blueprinting or photo- stating shops. (48) Repair establishments, minor. (49) Restaurants. (50) Retail establishments. (51) Schools. (52) Telecommunication antennas, as permitted under section 25-4-12. (53) Theaters. UrmflkialPlanning Deparameny wrsinn (1118103) 25-73 Hawaii County Code §25-5-113 (54) Time share units. (55) Utility substations, as permitted under section 25-4-11. (56) Veterinary establishments. (b) In addition to those uses permitted under subsection (a) above, the following uses may be per- mitted in the CG district, provided that a use permit is issued for each use: (1) Crematoriums. (2) Golf courses and related golf course uses, including golf driving ranges, golf mainte- nance buildings and golf club houses. (3) Major outdoor amusement and recreation facilities. (4) Yacht harbors and boating facilities. (c) Residential uses in connection with the operation of any permitted use shall be permitted in the CG district. (d) Buildings and uses normally considered accessory to the uses permitted in this section shall also be permitted in the CG district. (1996, Ord. No. 96-160, sec. 2; ratified April 6,1999.) Section 25-5-113. Height limit. (a) The height limit in the CG district shall be forty-five feet, except in those areas designated in subsections (b) aad below. (b) The height limit in the City of Hilo shall be one hundred twenty feet. ~U_a hPi At liFHit-in'these -areas in the 1.T h Keng digiet d@sifisftated as high .7...-..: (1996, Ord. No. 96-160, sec. 2; ratified April 6,1999; Am. 2002. Ord, No. 02-88, sec. 2.) Section 25-5-114. Minimum building site area. The minimum building site area in the CG dis- trict shall be seven thousand five hundred square feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-115. Minimum building site average width. Each building site in the CG district shall have a minimum building site average width of sixty feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-116. Minimum yards. The minimum yards in the CG district shall be as follows: (1) Front or rear yards, fifteen feet; and (2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. (1996, Ord. No. 96-160, sec. 2; ratified April 6,1999.) Section 25-5-117. Landscaping of yards. (a) All front yards in the CG district shall be landscaped, except for necessary access drives and walkways. (b) Where any required side or rear yard in the CG district adjoins a building site in an RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-118. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the Unofficial Planning Department version (2128103) 25-74 HawaiiCounry Code §25-5-120 CG district. (b) Exceptions to the regulations for the CG district regarding heights, building site areas, build- ing site average widths and yards, may be approved by the director within a planned unit development. (1996, Ord. No. 96-160, sec. 2; ratified April 6,1999.) Division 12. CV, Village Commercial Districts. 25-5-120. Purpose and applicability. The CV (village commercial) district provides f range or variety of commercial and light industrial uses that are necessary to serve the \eaZe 'on in rural areas where the supplementary support of the general business uses and 'vi- a coral commercial district is not readily available. rd. 96-160, sec. 2; ratified April 6,1999.) dis shall be 25-5- 1. Designation of CV districts. Each CV (village commercial) ated by th bol "CV" followed by a number which indicates the minim land area, in r of thousan of square feet, required for each building site. rd. No. 96-160, . 2; ratified April 6,1999.) 25-5-122. Perm ed uses. e following uses sha Ibe permitted in the CV district: (1) Adult day care home (2) Amusement and recre Win facilities, indoor. (3) Art galleries, museums. (4) Automobile sales and rents . (5) Automobile service stations. (6) Bars. (7) Bed and breakfast establishments, permitted der section 25-4-7. (8) Boarding facilities, rooming, or lod ' g hous , provided that the maximum density shall be one thousand two hundred fi sq a feet of land area per rentable unit or dwelling unit. (9) Business services. (10) Cemeteries and mausoleums, as un chapter 6, article 1 of this Code. (11) Churches, temples and synagogues (12) Commercial parking lots and g S. (13) Community buildings, as pert} ed under section 25 11. (14) Convenience stores. l/ (15) Crop production. (16) Day care centers. (17) Dwellings, double-f ly or duplex, provided that the maxim density shall be one thousand two hun fifty square feet of land area per rentable it or dwelling unit. (18) Dwellings, multip family, provided that the maximum density sha be one thousand two hundred square feet of land area per rentable unit or dwellin unit. (19) Dwellings, si le -family. (20) Family chi care homes. (21) Farmers arkets. When the vending activity in a farmers market involves m e than just th sale of local fresh and/or raw produce, plant life, fish and local home wn and horn ade products for more than two days a week, the director, at the time of p oval, shall restrict the hours of use, maintenance and operations and may requ' rJrotjsi PlmmingDepartmentwrs0n(2128103) 25-75 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAItgp6 1111 c. y HILO, HAWAII 3 f r: f OATS J ~J~26, 2006 I~IL TO: Christopher J. Yuen, Planning Director jall- FROM: Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000040) Applicant: Assoc. of Apartment Owners - Lanikaula Professional Center Request: RS-10 to CG-20 Tax Map Key: 2-2-28: 031 We have reviewed the subject application forwarded by your memo dated June 2, 2006 and no objections to the request. A small portion of the northeastern portion of the subject propery is in Flood Zone AE as designated the Flood Insurance Rate Map (FIRM) bythe Federal Emergency Management Agency (FEMA). Any construction within this area shall conform to Chapter 27, Flood Control, of the Hawaii County Code. The Zoning Map (Ordinance No. 187) classifies Kilauea Avenue and Lanikaula Street as secondary arterials of 80-ft width. The applicant has stated that all conditions of Use Permit No. 124 and subsequent amendments have been complied with including upgrading the existing curb, gutter and sidewalk along the property's entire Kilauea Avenue and Lanikaula Streetfrontages as well as pay the fair share payment of $30,000. Questions may be referred to Kelly Gomes of the Engineering Division at ext. 8327. KG EXM ISIT ®1,S297 County of Hawaii is an Equal Opportunity Provider and Employer MtV OF n Harry Kim ~jjj~ p Lawrence K. Mahuna Mayor - 410 JUN zZ lll ~ 93 e Police Chief o'rNHarry S. Kubojiri i'~1• Deputy Police Chief ~~'r " 1hvv,~~l County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808)935-3311 • Fax (808)961-8869 June 19, 2006 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM D61REK b. PAHECO, ACTING ASSISTANT POLICE CHIEF AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000040) APPLICANT: ASSOCIATION OF APARTMENT OWNERS OF LANIKAULA PROFESSIONAL CENTER REQUEST: RS-10 TO CG-20 TAX MAP KEY: 2-2-28:31 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. LW/Ili 01 NG EXHIBIT ' s "Hawai'i County is an Equal Opportunity Provider and Employer" Harry Ktm C,.,V a Darryl J. Oliveira Mayor Fire Chief (iViJ~-,t-n~~- P Desmond K. Wery rV l Deputy Fire Chief Countp of 'abnaf `t June 11, 2006 FIRE DEPARTMENT 25 Aupuni Street • Suite 103 a Hilo, Hawaii 96720 (808) 961-8297 • Fax (808) 961-8296 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT CHANGE OF ZONE APPLICATION (REZ 06-000040) APPLICANT: ASSOCIATION OF APARTMENT OWNERS OF LANIKAULA PROFESSIONAL CENTER) REQUEST: RS-10 TO CG-20 TAX MAP KEY: 2-2-28:31 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus 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 around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "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 specked in Section 10.301 (b). "3. When there are not more than two Group R, Division 3 or Group M June 11, 20060ccupancies, 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 may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. EXHIBIT ~Ptl ~o~y Hmai'i Couuty is an Equal Opportunity Provider cord Enryloyer. Christopher J. Yuen, Planning Director Page 2 June 11, 200& "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 of the 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 turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "Q) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, 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 be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301: "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings 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 of providing 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 of Section 10.207." ZARez U0LlVjEtR-A Fire Chief AY:lk Oq WAY 't o~~,. map,F 4100& JUN 30 An S9 I! 11 _ DEPARTMENT OF WATER SUPPL- ~~1 Q,1J TY,Q.I§ iWAI`I of 11 a,! 345 KEKDANAb'A STREET, SUITE 20 J HILO,I HAWAI'196720' NqW> TELEPHONE (808) 961-8050 • FAX (808) 961-8657 June 27, 2006 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000040) APPLICANT - ASSOCIATION OF APARTMENT OWNERS OF LANIKAULA PROFESSIONAL CENTER REQUEST: RS-10 TO CG-20 TAX MAP KEY (3) 2-2-028:031 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 10-inch waterline within Kilauea Street. The subject parcel is currently served by an existing 1-inch meter (Account No. 100-78400), which pursuant to Use Permit No. 124, is limited to three (3) units of water at an average of 400 gallons per day, per unit, or a total of 1,200 gallons per day. The Department has no objection to the proposed change of zone application subject to the applicant understanding and accepting the following conditions: 1. Should the type of use within any of the existing condominium units change from the current medical/dental office use, the new occupant(s) would be required to submit estimated maximum daily water usage calculations prepared by a professional engineer licensed in the State of Hawaii. 2. Upon receipt of the estimated water usage calculations (per Item No. 1 above), if the existing f - inch meter cannot accommodate the estimated demand, a larger or additional meter will need to be installed and remittance of the prevailing facilities charge, which is subject to change, will be required. Construction plans for the meter installation will also be required. 3. Install a reduced pressure type backflow prevention assembly within five (5) feet of the existing meter on private property, if one is not already installed. If a larger or additional meter is required (per Item No. 2 above), a reduced pressure type backflow prevention assembly must also be installed within five (5) feet of the meter(s). The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before water service can be granted. EXHIBIT 'ter rings rrocgrem... The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) Mr. Christopher J. Yuen, Planning Director Page 2 June 27, 2006 4. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Mi on D. avao, P.E. L ger FM:sco copy - Association of Apartment Owners of L ika Professional Center DWS Cross Connection Section 'V 01 ''FF p fP?:_ Har iJIN 7 7 Barbara Bell Mayor _ Director SS&`{ V I Nelson Ho Deputy Director enunfv of'afuaff DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 a Fax (808) 961-8086 MEMORANDUM Date : June 2, 2006 To : CHRISTOPHER YUEN, Plannin it or From: BARBARA BELL, Directo Subject: Cbauge-49eee Application (REZ 06-000040) Applicant: Association of Apartment Owners of Lanikaula Professional Center Request: RS-10 to CG-20 TMK: 2-2-28:31 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WA/9TEWATER 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 County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: TECHNICAL SERVICES COMMENTS: sus Zfi"l 44M- SOLID WASTE COMMENTS: l if l1}~ twt ( ) No comments (X) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. (x) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (~O Construction and demolition waste is prohibited at all County Transfer Stations. (?Kj Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: cc: SWD, TSS, WWD o ~AiBIT - Hawaii County is an equal opportunityprovider and employer. g Barbara Bell lr Director Harry Kim Mayor Michael Dworsky P.E. •i••,, Solid Waste Division Chief h'61'Mi~ County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 967204252 (808) 961-8083 • Fa: (808) 961-8686 June 6, 2006 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 be 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 the 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, aluminum, etc. Provide ample and equal space for rubbish and recycling. 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: II.k!!/ Barbara Bell DIRECTOR 10/13/03 Revised 06/06/06 Hawai'i County is an Equal Opportunity Provider and Employer. LINDA LINGLE CHIYOME c FUKINO, M.D. GOVERNOR OR . , ~ ~ ~ ? Director of Health eaIN ~~D6 AN 13 PM ? np ( T Pi15ty"Ji'g':" _ r;ENIT - 'y4 a '1 COON i `I L,r H VVA1 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: June 7, 2006 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Larry K. Shiro Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 06-000040) Applicant: Association of Apartment Owners of Lanikaula Professional Center Request: RS-10 to CG-20 Tax Map Key: 2-2-28:31 The Health Department found no environmental health concerns with regulatory implications in the submittals. WORaREZ 06-000040.my EXHIBIT o1S788 Hawaii Electric Light Company, Inc. • PO Box 1027 • Hilo, HI 96721-1027 2196 UTIN 30 AM 00 Yi~^ ° ~ ~ "SENT June 27, 2006 County of Hawaii Planning Department Attn: Mr. Christopher J. Yuen, Planning Director 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Gentlemen: Subject: Change of Zone Application (REZ 06-000040) from RS-10 to CG-20 for Lanikaula Professional Center in South Hilo, Hawaii (TMK: 2-2-28:31) Thank you for the opportunity to review the Change of Zone Application for the Lanikaula Professional Center. We do not have any objections to the change of zone application. However, we do have the following general comments: 1. The subject area is currently served by our three phase 13,800-volt overhead distribution lines from our Kanoelehua Substation, which has adequate capacity to serve the above. 2. HELCO's current system peak load is 196,370 KW and our total generation system capability is 269,330 KW. Our reserve margin is 37% and has adequate generation to serve the above. Should you have any questions, please contact me at (808) 969-0321 or Hal Kamigaki at (808) 969-0322. Sincerely, Clyd-e1Nagat P.E. Manager, Engineering Department CHN:gk cc: H. Kamigaki S. Tomita S. Oshiro EXH181T /D 0 16312 cor)~;_;'Qt," development GOUNTY Or f-iAVVM June 13, 2006 County of Hawai'i County Planning Department ioi Pauahi Street, Suite #3 Hilo, Hawai'i 96720 RE: Notice of Submittal of Application and Planning Commission Hearing Rezoning Request (RS-io to CG-20) Applicant - Assoc. of Apartment Owners-Lanikaula Professional Center Tax Map Key: (3) 2-2-28: 31 NE corner of Kilauea Ave. & Lanikaula St. Please be advised that we strongly support the purposed change of zone from Single-family residential to General Commercial for the above listed property. Sincerely, Bruce A. Hansen President cc: Brian Nishimura EXHIBIT 558 Kanoelehua Ave., Hilo, Hawaii 96720 808 935-0279 9 Fax 808 935-7597 Builders License Number BC 16835 RAOAOLanikaW-RR ZAm-7/11/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ASSOCIATION OF APARTMENT OWNERS OF THE LANH(AULA PROFESSIONAL CENTER CHANGE OF ZONE APPLICATION (REZ 06-000040) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone from Single Family Residential - 10,000 square feet (RS-10) to General Commercial - 20,000 square feet (CG-20) be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a change of zone from RS-10 to CG-20. At this time, no changes to the existing improvements or uses are proposed. The applicants are "seeking additional flexibility to lease or sell their unit sometime in the future to professional businesses, not necessarily limited to medical or dental uses. The owners intend to maintain the building as a professional office center." No additional cost is anticipated as a result of the proposed change of zone. The existing uses will continue as is for the foreseeable future. The property is a fully developed parcel located on the northeast comer of Lanikaula Street and Kilauea Avenue. There is an approximately 6,000-square foot single-story medical/dental building and a paved parking area on the site. The building was completed in 1997 and contains four condominium units which range in size from 1,520 to 1,672 square feet. The property is landscaped and there is a rock wall around the property's frontages on Lanikaula Street and Kilauea Avenue. Due to the improved nature of the project site, the topography of the parcel is relatively level. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential 10,000 square foot (RS-10) to a General Commercial - 20,000 square foot (CG-20) zoned district will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the Land Use - Commercial element of the General Plan. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated High Density Urban, which includes General Commercial, multiple family residential and related services. Thus the requested General Commercial zoning conforms to the LUPAG map for this area. The State Land Use designation for the subject property is Urban. The property is unclassified by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP) adopted in 1975 designates the area as RM 4. Land uses in the immediate area include a mix of residential and commercial uses. Surrounding properties are zoned CG-10 to the north (REZ 05-000016), CG-10 to the west across Kilauea Avenue, site of a number of restaurants including Subway (REZ 826 Ordinance No. 06 084) and CG-20, site of Tyke's Laundromat (REZ 707 Ordinance No. 92 026). The adjacent property to the east is zoned RS-10 and improved with a single-family dwelling. The State Forestry facility is located across Lanikaula Street to the south and zoned Open -2- (O). The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. From the late 1960's to present, numerous parcels in this section of the Waiakea Houselots have been rezoned from Single-Family Residential (RS-10) to Commercial Office (CO), General Commercial (CG) or Neighborhood Commercial (CN). The rezonings extend from Mohouli Street to Lanikaula Street and Kilauea Avenue to Kinoole Street. The uses on these parcels include real estate and attorney's offices, financial institutions, medical offices, laundry cleaning facility, restaurants and other commercial uses. With the adoption of the revised Zoning Code on December 7, 1996, all Commercial Office (CO) zoned districts were redesignated as General Commercial (CG). Therefore, the requested CG zoning would be consistent with the existing land use pattern established within this portion of Hilo. The property is located within an area adequately served with essential services and facilities such as water, sewer, transportation systems and other utilities. Access to the site is from Lanikaula Street, a County roadway with a pavement width of approximately 20 feet within a 60-foot right-of-way. The project also fronts Kilauea Avenue which has a 60-foot right-of-way. There is a curb and sidewalk along the project site's Lanikaula Street and Kilauea Avenue frontages. The City of Hilo Zone Map designates a 10-foot wide road widening setback along the project site's Kilauea Avenue and Lanikaula Street frontages for the future widening of both roads to an 80- foot right-of-way. The applicants state that "the proposed change of zone will not result in any additional traffic for the existing professional office complex." County water is available to the site. The project is connected to the County's sewer line. Solid waste is handled by commercial haulers. If required, a Solid Waste Management Plan shall be prepared. Electricity and telephone services are available to the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", areas determined to be outside the 500-year flood plain. According to the Department of Public Works, the northeastern portion of the parcel is located within Flood Zone "AE" by the Federal Emergency Management Agency -3- (FEMA). Flood Zone "AE" is the Special Flood Hazard Area inundated by the 100-year flood where base flood elevations have been determined. The northeastern portion of the property designated "AE" is undeveloped and covered with gravel to minimize any potential flood hazard impact. All development generated run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. By letter dated April 25, 2006, the applicants have requested a "no effect" letter from the DLNR-BPD. As the property is fully developed, no professional surveys were conducted of the site. Should any archaeological features or sites be discovered during the development of this project, work will immediately cease and the applicants will be required to notify the Planning Department. No professional flora or fauna surveys were conducted of the site. The applicants do not believe that rare or endangered floral or faunal resources are on the site. The property is located in an urban setting close to existing commercial uses and improved with a medical/dental building. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicants, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from a Single-Family Residential 10,000 square feet (RS-10) to General Commercial 20,000 square feet (CG-20) would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- CAOAOLa B=1aREZ.&c-7/10/06 ASSOCIATION OF APARTMENT OWNERS OF LANIKAULA PROFESSIONAL CENTER CHANGE OF ZONE APPLICATION (REZ 06-000040) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Plan Approval for any new structures shall be secured from the Planning Director within five (5) years from the effective date of this ordinance in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). C. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. D. Any new construction within the designated flood zone shall conform to Chapter 27, Flood Control, of the Hawaii County Code. No additional structure shall be constructed in the "AE" zone or shaded Zone "X " Flood Zones. Such construction in the areas currently mapped in the "AE" or shaded "X" Flood Zones shall be allowed if the owner secures a letter of map revision. E. If the applicant, successors, or assigns develops residential units on the subject property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $6,653.40 per multiple family residential unit ($10,368.57 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit shall be allocated as follows: 1. $3,281.93 per multiple family residential unit ($4,999.91 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $103.73 per multiple family residential unit ($241.20 per single family residential unit) to the County to support police facilities; 3. $319.07 per multiple family residential unit ($476.39 per single family residential unit) to the County to support fire facilities; 4. $142.21 per multiple family residential unit ($208.57 per single family residential unit) to the County to support solid waste facilities; and 5. $2,806.46 per multiple family residential unit ($4,442.50 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. F. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. G. The applicant shall comply with all applicable County, State and Federal laws, -2- rules, regulations and requirements. H. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. 1. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i. e., a condition to be performed within one year may be extended for up to one additional year). 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. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -3- M'V Of !••'I' COUNTY OF HAWAII STATE OF HAWAII hOf Mf BILL NO. ORDINANCE NO. (PLANNINGDEPT) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL- 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL - 20,000 SQUARE FEET (CG-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-28:31. 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 1983 (2005 Edition), 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 General Commercial - 20,000 square feet (CG-20): Beginning at the southeast comer of this parcel of land and on the northerly side of Lanikaula Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI", being 3,444.03 feet South and 7,581.79 feet East, thence running by azimuths measured clockwise from true South: 1. 90° 00' 183.08 feet along Lanikaula Street; 2. Thence along the north corner of the intersection of Lanikaula Street and Kilauea Avenue on a curve to the right with a radius of 25.00 feet, the chord azimuth and distance being: 125° 03' 28.71 feet; 3. 160° 06' 100.87 feet along Kilauea Avenue; 4. 250° 45' 30" 169.75 feet along the remainder of Grant 4777 to T. Clive Davies; -1- 5. 254° 25' 76.92 feet along the remainder of Grant 4777 to T. Clive Davies; 6. 358° 00' 188.06 feet along the remainder of Grant 4777 to T. Clive Davies and 8243 to D. McHattie Forbes to the point of beginning and containing an area of 33,803 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44,Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- F -10 CG-7.5 N RS40 Host W E RD-3.75 S RS-10 CG-7.5 t -10 g CG-20 'F CG-10 ° 0 C -10 CG-20 CG-10 ' R -f0 RS-10 R 10 i" / CG-20 E LANIKAULA ST RS-f0 CG-10 3,444.03S 7,581.79E pEN OPEN "HALAPA RS-10 RS-10 SINGLE-FAMILY RESIDENTIAL-10,000 SQ. FT. (RS-10) TO GENERAL COMMERCIAL-20,000 SQ. FT. CG-20 33,803 SQ. FT. RS-10 RU-4 R 10 OPEN RS-10 AHELE WAY RS-1 R 0 230 115 0 230 460 690 920 1 1 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL-10,000 SQ. FT. (RS-10) TO GENERAL COMMERCIAL-20,000 SQ. FT. (CG-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-028:031 Date: June 6, 200 EXHIBIT „A„ (Association of Apartment Owners of Lanikaula Professional Center:1201)