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HomeMy WebLinkAboutCOM 1046.000 2004-2006 Harry Min W Dixie Kaetsu Mayor Managing Director • Barbara Kossow •os•4 Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 August 24, 2006 Honorable Stacy Higa, Chairman M and Members of the County Council r County of Hawaii f' 25 Aupuni Street Hilo, HI 96720 r~ Dear Chairman Higa and 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 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), Hawai'i 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. Harry Kim Ref. To: ,(Mayor Ref. Date 0 ZN6 U Enclosures cc: Planning Department L B.* U 3S3 1 tr or x e+•r •••ti0~ MI+ County of Hawaii PLANNING COMMISSION i ) Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 0'~ G Phone(808)961-8288 • Fax(808)961-8742 _ N U August 24, 2006 :n 1 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Amendment to Change of Zone Ordinance No. 98-98 (REZ 898) Applicant: Seawind Holding, hie. Request: Time Extension to Conditions B & C Tax Map Key: 2-2-37:29 The Planning Commission, after a duly held public hearing on August 4, 2006, voted to recommend for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 98-98, which rezoned 21,050 square feet of land from a Single Family Residential - 10,000 square feet (RS-10) to an Industrial Commercial Mixed - 20,000 square feet (MCX-20) district. The property is located along the west side of Kanoelehua Avenue, approximately 190 feet from the Kanoelehua Avenue-Lanikaula Street intersection, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting time extensions to Condition B (water commitment payment) and Condition C (completion of construction) of Change of Zone Ordinance No. 98 98. Effective September 25, 1998, Change of Zone Ordinance No. 98 98 changed the district classification of the property from Single Family Residential (RS-10) to Industrial-Commercial Mixed (MCX-20), which is 21,050 square feet in size. The applicant originally rezoned the property to construct a 7,968-square foot building with 20 paved parking stalls and lease the building for a convenience store, restaurant, and/or retail outlets. Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 The inability of the applicant to comply with the requirement of Condition B and Condition C of Change of Zone Ordinance No. 98 98 is the result of conditions that could not have been foreseen or are beyond the control of the applicant. Since the approval of the change of zone, the applicant has had a difficult time securing a viable tenant to occupy the property and has not been able to meet the time conditions within the ordinance. Recently, the applicant has been receiving many offers for the development and feels that with the change in the economy, he would like to proceed with the development. The reasons for the conditions not being met were not a result of the applicant's actions and were beyond the applicant's control. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for industrial uses. The current zoning of Industrial-Commercial Mixed (MCX- 20) for the property is consistent with the existing General Plan Designation in the area. All essential utilities and services are available to the site. For your favorable consideration, an amendment to Change of Zone Ordinance No. 98 98 is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerel , C. Kimo Alameda, Chairman Planning Commission LseawindMC Enclosures cc: Mr. Wayne Okutsu Department of Public Works Department of Water Supply Rodney Haraga, Director/DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel s BSeawindHolding-REZ898.jwd 07-07-06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SEAWIND HOLDING, INC. CHANGE OF ZONE ORDINANCE NO. 98 98 (REZ 898) AMENDMENT TO CONDITIONS B AND C SEAWIND HOLDING, INC. has submitted a request for time extensions to Condition B (water commitment payment) and Condition C (completion of construction) of Ordinance No. 98-98 which rezoned 21,050 square feet of land from a Single-Family Residential -10,000 square feet (RS-10) to an Industrial - Commercial Mixed - 20,000 square feet (MCX-20) district. The property is located along the west side of Kanoelehua Avenue, approximately 190 feet from the Kanoelehua Avenue - Lanikaula Street intersection, Waiakea, South Hilo, Hawaii, TMK: 2-2-37:29. APPLICANT'S REQUEST 1. Request: The applicant originally rezoned the property from Single Family Residential (RS-10) to Industrial-Commercial Mixed (MCX-20) to construct a 7,968-square foot building with 20 paved parking stalls and lease the building for a convenience store, restaurant, and/or retail outlets. Since the approval of the change of zone, the applicant has had a difficult time securing a viable tenant to occupy the property and has not met the time conditions within the ordinance. Recently, the applicant has been receiving many offers for the development and feels that with the change in the economy, he would like to proceed with the development. The applicant is requesting to amend Condition B of Change of Zone Ordinance No. 98 98, which states: "The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance." The applicant is also requesting that Condition C of Change of Zone Ordinance No. 98 98, which states: "Construction of the proposed development and related improvements within the subject property shall be completed within five (5) years from the effective days of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director for the development within the subject property. Plans shall identify structures, fire protection measures, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include a landscaping buffer along the northern, western, and southern boundaries of the subject property." ATTACH: Com. 1046 Bill 333 The effective date of Change of Zone Ordinance No. 98 98 was September 25, 1998. Construction for the proposed development should have been completed on or before September 25, 2003. (Planning Department Exhibit 1 - Amendment Request dated June 2, 2006) BACKGROUND INFORMATION 2. September 25, 1998: Effective date of Ordinance No. 98 98, which rezoned the subject property from Single Family Residential (RS-10) to Industrial-Commercial Mixed (MCX-20) for approximately 21,050 square feet of land. (Planning Department Exhibit 2 - Change of Zone Ordinance No. 98 98) AGENCIES' COMMENTS 3. Police Department (June 28, 2006 Memo): "Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns." AGENCIES - NO COMMENTS 4. Department of Health AGENCIES - NO RESPONSE 5. Department of Public Works, Department of Water Supply, Department of Environmental Management, Fire Department and Department of Transportation PUBLIC COMMENTS 6. As of the date 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. -2- '~ff6 J1!N 5 Pin 07 COUNTY OF HAWAII r 1 PLANNING DEPARTMENT CCOU ,I I C r ~''`;"'yA,`rCHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT. Seawind Holding, Inc. APPLICANT'S SIGNATURE: DATE: ADDRESS: 1223 Kaumana Drive Hilo, Hi 96720 LIST APPLICANT'S INTEREST IF NOT OWNER. Leasee 67 yrs. LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Wayne Y. Mutsu PHONE:(Bus.) 935-2232 (Res.) uAmL 72 (Fax) LANDOWNER(S): George Norio Murata & Masuko Murata, Tr i. trps of thair Revocable Trusts LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: 716 Lukepane Ave., Apt. 210, Honolulu, Hi 96816 REQUEST: RS-10 TO MCK-20 (Existing zoning) 2-2-37:29 (Proposed Zoning) TAX MAP KEY: STREET ADDRESS OF PROPERTY: 750 Kanoelehua Ave. SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 21,050 sa. ft. AGENT: ADDRESS: TELEPHONE:(Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: Planning De- Pt-(See Instructions on Reverse Side) Exhibit,=-- i I j OZc4t t t%4rttoQ .lam !/at7 v ,,~f e T. o CA6~ ~ittB .a -0 ;&IFoAArr ?14Acb Teti,/T Tv Occsc~y 7~.~c ~f'2ePc^~cTy.S ,9., s7~e~?AAJ r dW4¢ 4E-~Tl Gl. s~ Fc2. irY6 S ArAs -7- ~~'€a.Ty, TN~7' ~e=a,c~ ~s~-47b ~i?6i6?~?~7P f t~rscs Fwd, !~or/esc.oo.~~s??T. ~ ~.ri ~trso A- -l/ G4C6tisrd fei< fah IxOT•t'wo, Est~b ` yE~Qitl eG~dS Tr4~~ ~ltu~/ o~taf ;lam ~ Izvf•T~, G ~ fAAawtr Aa ~ `7 t3KS`T~ •~A~6c<.Q7m~ . S l.~act~0 LXS 70 ~LY.c'~C GvtTHi.N T~f~ xt~oT F~~ ~fa.V7ks i !{lv~,p. Arcc Ts.y i asaw.t~to i~ AMENDMENT TO ARTICLE XII OF THE INDENTURE OF LEASE DATED MARCH 9. 1999 WHEREAS, the parties hereto had previously entered into an Indenture of Lease ("Lease"), dated March 9, 1999; WHEREAS, in said Lease there was an Article XII which article set forth time lines in which Tenant could develop the subject property; WHEREAS, Tenant was unable to develop the subject property within said time lines of Article XII; WHEREAS, the parties agree that Tenant shall have more time in which to develop said property: NOW, THEREFORE, the parties amend said Article XIS of said Indenture of Lease dated March 9, 1999, as follows: ARTICLE XII CONSTRUCTION OF IMPROVEMENTS Section 12.01. Tenant's Work. Tenant shall, at its cost and expense, and after compliance with the conditions precedent set forth in Section 12.02 of this Article XII, complete the construction upon the Property a building and improvements on or before June 1, 2011, at a cost of not less than $150,000 in accordance with Tenant's own plans and specifications, using new materials in a good and workmanlike manner, and in connection therewith to furnish all labor, materials and equipment.. Tenant shall also have the right, exercisable at any time and from time to time in its discretion, at its own cost and expense, and after compliance with the conditions precedent set forth in Section 12.02 of this Article XIT, (i) to construct and complete, or cause to be constructed and completed, on the Property any other building, structure or other improvement, and (ii) to remodel, alter, demolish, replace or make additions to any building, structure or other improvement now existing or at any time hereafter constructed on the Property. Section 12.02. Conditions Precedent to Construction. Tenant shall remove the buildings now existing on the Property only upon written instructions from the Landlord. Tenant shall prior to construction on the Property of any new buildings, structures or other improvements, and prior to any remodeling, alteration, replacing or making of any additions to any building, structure or other improvements hereafter constructed on the Property, at a cost which exceeds $25,000, deliver to Landlord (i) evidence of a comprehensive general liability insurance policy or policies insuring Landlord and Tenant against loss or damage to third parties or their property from excavation, pile driving, loss of subterranean support and other hazards normally insured against in the construction industry, and (ii) evidence of ability to pay the full cost of such construction, alterations and replacements in form satisfactory to Landlord, guaranteeing the full and faithful performance of such construction, alterations and additions, including payment of all subcontractors, labor and materialmen, free and clear of all mechanics' and materialmen's liens. Section 12.03. Landlord's Cooperation. Landlord agrees to cooperate with Tenant to obtain all necessary licenses, permits and other approvals, for the construction and operation on the Property of any business allowed by the Lease, and if necessary, Landlord agrees to join in any application to obtain such license, permit'or other approval. Section 12.04. Relocation of Easements. Landlord agrees that at any time and from time to time Tenant shall have the right to relocate any or all drainage, sewer, electrical, water, gas and any other utility or other similar easements through the Property or any portion thereof to any other alignment within the Property or any portion thereof or in any streets or roadways adjoining the same, and Landlord will join with Tenant in any appropriate petitions to governmental authorities and/or in any other instruments as may be required for such purposes. MASUKO MURATA, successor Trustee under the unrecorded Revocable Trust Agreement made by GEORGE NORIO MURATA dated June 3, 1994, as amended MASUKO MURATA, as Trustee under the unrecorded Revocable.Trust Agreement made by MASUKO MURATA dated June 3, 1994, as amended "Landlord" SEAWIND HOLDING, INC. B WAYN]~OKUTSU Its President, Vice-President, Treasurer and Secretary "Tenant" STATE OF HAWAII ) SS: COUNTY OF lkw•~~ ) On this S" day of 2006, before me personally appeared MASUKO MURATA, successor Trustee under the unrecorded Revocable Trust Agreement made by GEORGE NORIO MURATA dated June 3, 1994, as amended, and MASUKO MURATA, Trustee under the unrecorded Revocable Trust -Agreement dated June 3, 1994, as amended, to me known to be the person described in and who executed the foregoing AMENDMENT TO ARTICLE XII OF THE INDENTURE OF LEASE DATED MARCH 9, 1999, and acknowledged that she executed the same as her free act and deed as Trustee aforesaid. Signature Print Name: [LfLtCjj Notary Public, State of Hawaii. My commission expires: 3-~G~.pylU STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 2006, before me personally appearedWAYNE OK[7TSU, to me personally known, who, being by me duly sworn, did say that he is the President, Vice President, Treasurer and Secretary of SEAWIND HOLDING, INC., a Hawaii corporation,!and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and the said WAYNE OKUTSU acknowledged said instrument to be the free act and deed of said corporation. SOAK/& yC Signature Name: Print N Uj NpTAR~ State of Hawaii. pV~L1G My commission expires: Keily Imakiung Notary Public, State of HaMiw Third Judicial Circuit COUNTY OF HAWAII STATE OF HAWAII P%~ t (1 t1 BILL NO. 277 coux;l~ «:,~;r.. ORDINANCE NO. 98 :98 AN ORDINANCE 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 INDUSTRIAL - COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-37:29. 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 Industrial - Commercial Mixed (MCX-20): Beginning at a point at the southeast comer of this parcel of land, on the west side of Kanoelehua Avenue, being also the northeast corner of a portion of Lot 16, Block 38, Waiakea House Lots the coordinates of said point of beginning referred to Government Triangulation Station "Halm" being 3243.00 feet South and 11062.50 feet East and running by azimuths measured clockwise from True South: 1.) 90° 00' 210.50 feet along a portion of Lot 16, Block 38, Grant 11463 to Charles C. Cross, and Lot 15, Block 38, Grant 12979 to Charles Tokumi and Miyuki Suetake Otani 2.) 1800 00' 100.00 feet along Lot 11-B, Block 38, portion of = Grant 10780 to John L. Fontes 3.) 270° 00' 210.50 feet along a portion of Lot 10, Block 38, Grant 12485 to Shoichi and Chieko Y. Morishita to a point on the westerly side of Kanoelehua Avenue Manning Dept. Exhibit _ • 4.) 00 00, 100.00 feet along the westerly side of Kanoelehua Avenue to the point of beginning and containing an area of 21,050 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. C. Construction of the proposed development and related improvements within the subject property shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director for the development within the subject property. Plans shall identify structures, fire protection measures, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include a landscaping buffer along the northern, western, and southern boundaries of the subject property. D. An overall landscaping master plan and maintenance plan, which includes landscaping along the side property boundaries of the subject property, shall be submitted to the Planning Director for review and approval prior to the issuance of Final Plan Approval. -2- E. Driveway access and sidewalk improvements along Kanoelehua Avenue shall meet the approval of the Department of Transportation and the Department of Public Works, whichever is applicable. F. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of plans for Plan Approval. G. A drainage system, if applicable, shall be installed, meeting with the approval of the Department of Public Works. H. Sewer line connections shall be installed meeting with the requirements of the Department of Public Works. 1. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property. _ J. Upon compliance with applicable conditions of approval, prior to the opening of the proposed development, the applicant shall submit a final status report, in writing, to the Planning Director. K. 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 Fee = Ordinance. L. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -3- 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 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). M. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. 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. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~j COIUiCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: September 2, 1998 Date of 1st Reading: September 2, 1998 Date of 2nd Reading: September 16, 1998 Effective Date: September 25, 1998 REFEP,ENCEt Comm. 936 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- CN- 1 " 10 R5-10 ML-20 RS?10 SINGLE FAMILY RESIDENTIAL ~ ~ (RS-10) TO INDUSTRIAL - w w o COMMERCIAL MIXED (MCX-20) y R5-10 Eo AREA = 21,050 SQ.FT. N t E \ O n o ` Z Ng: % ML-20 \ z MG-la RS-ID MG la iMGrls ` 85-10 ML-20 R5 10 LE IL AN I Future 50' R 7W Line STREET z W 0 -la RS 10 R5 10 ML-20 M -1a LE;T-luiLuLol' W G -I O w M Y R5 10 z j R5 10 MG l a 3.243.00 S T7 - ML- RS- itA5zso E 10 20 10 20 HnlAl„® 444 --_I - L A N I K A U L A Future 60' R/W Line m _ _ M ~ I 2Ml_ 0 RS 10 R5 10 L- 10 W MC, la MG- la J O I I W I i O # RS-10 CN-10 10 Q R5-10 Y KAWILI STREET o 0 u ML- 0 0 ML 20 ML-20 ZO i > MG-Ir MG-la AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING SING L)E FAMILY F THE HAWAII RESIDENTIAL N (RS-10) ,TO INDUCHANGING THE DISTRICT CLASSIFICATION STRIAL-COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII `MK : 2-2-37:29 JULY 1, 1998 (S[ WWD HOI_DINGS. INC.) EXHIBIT 'V OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii ROLL CALL VOTE Introduced By: IQbl2y Tenn T_.eithead-Todd AYES NOES ABS EX Date Introduced: September 2, 1998 Arakalu R First Reading: September 2, 1998 Chun x Published: NSA Leithead-Todd X Ray R REMARKS: Reynolds X Santangelo X Smith X Tyler Yagong R 7 0 2 0 Second Reading: September 16, 1998 ROLL CALL VOTE 1998 AYES NOES ABS EX To Mayor: September 18, Returned: September 25, 1998 Arakaki X Effective: September 25, 1998 Chung X Published: October 2, 1998 Leithead-Todd X Ray X REMARKS: Reynolds x Santangelo R Smith R Tyler R Yagong 8 0 1 0 I DO HEREBY CERTIFY that the fore ping BILL was adopted by the County Council and published as indicated above. A5 T~ FORM AND LEGALITY: 00=-K is ia, he . 'T/ 1i-l" DEfuTY CORPORATION COUNSEL COUNTY Of HAWAII SEP _ 1 199, Date U(NCIL CHAIRMAN Approved/Disappmwd this Z`s day ~ ~ of ~q 44. Ai~ 19 COUNTY CLERK M PYOR, UN /OF HAWAII Bill No.: 277 Reference: C-936/PC-1339 Ord. No.: 98 98 RSeawindHo1ding-REZ898.jwd 07-07-06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SEAWIND HOLDING, INC. CHANGE OF ZONE ORDINANCE NO. 98 98 (REZ 898) AMENDMENT TO CONDITIONS B AND C Upon review of the request, the Planning Director recommends that a favorable recommendation to amend Condition B and C of Change of Zone Ordinance No. 98-98 be forwarded to the Hawaii 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. The favorable recommendation to is based on the following findings: The applicant is requesting time extensions to Condition B (water commitment payment) and Condition C (completion of construction) of Change of Zone Ordinance No. 98 98. Effective September 25, 1998, Change of Zone Ordinance No. 98 98 changed the district classification of the property from Single Family Residential (RS-10) to Industrial-Commercial Mixed (MCX-20), which is 21,050 square feet in size. The applicant originally rezoned the property to construct a 7,968-square foot building with 20 paved parking stalls and lease the building for a convenience store, restaurant, and/or retail outlets. The inability of the applicant to comply with the requirement of Condition B and Condition C of Change of Zone Ordinance No. 98 98 is the result of conditions that could not have been foreseen or are beyond the control of the applicant. Since the approval of the change of zone, the applicant has had a difficult time securing a viable tenant to occupy the property and has not been able to meet the time conditions within the ordinance. Recently, the applicant has been receiving many offers for the development and feels that with the change in the economy, he would like to proceed with the development. The reasons for the conditions not being met were not a result of the applicant's actions and were beyond the applicant's control. -1- The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for industrial uses. The current zoning of Industrial-Commercial Mixed (MCX- 20) for the property is consistent with the existing General Plan Designation in the area. All essential utilities and services are available to the site. Based on the above findings, the proposed amendment to Conditions B and C of Ordinance No. 98 98 is not contrary to the original reasons for approving the Change of Zone. In addition, the Planning Director is recommending that Condition L be amended to delete the option of an administrative time extension in the future. It is recommended that a favorable recommendation be forwarded to the County Council with the following changes (material to be deleted is bracketed and struck through; material to be added is underscored): A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this [ordiaExee]amendment. C. Construction of the proposed development and related improvements within the subject property shall be completed within five (5) years from the effective date of this [eee]amendment. This time period shall include securing Final Plan Approval from the Planning Director for the development within the subject property. Plans shall identify structures, fire protection measures, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include a landscaping buffer along the northern, western, and southern boundaries of the subject property. D. An overall landscaping plan and maintenance plan, which includes landscaping along the side property boundaries of the subject property, shall be submitted to the Planning Director for review and approval prior to the issuance of Final Plan Approval. E. Driveway access and sidewalk improvements along Kanoclehua Avenue shall meet with the approval of the Department of Transportation and the Department -2- of Public Works, whichever is applicable. F. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of plans for Plan Approval. G. A drainage system, if applicable, shall be installed, meeting with the approval of the Department of Public Works. H. Sewer line connections shall be installed meeting with the requirements of the Department of Public Works. 1. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property. J. Upon compliance with applicable conditions of approval, prior to the opening of the proposed development, the applicant shall submit a final status report, in writing, to the Planning Director. K. 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 Fee Ordinance. L. [ or-Elinemee may be granted by the Plaaffing Pireeter. open the fellewing si£sstaflse~ z 1 . The nee po ff " "'°"ee is Me resuI4 9f69RElitiORS Ohm ......lA .,..t 1.e.,e bam sue e or Zepiiag Cede. Q /ire« g 0 f 4h.. 4.m.. ev4e-n-Si eOl'l 40 e4 h-e ee«4ne3r 4e the a fiat reasons &r granting of the pemait. erigina4y granted fey pef&fmanee If the -3- applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. M. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. The accompanying draft bill to amend Ordinance No. 98 98 is provided for your favorable consideration. -4- Ids, COUNTY OF HAWAII € STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 98 98, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL -10,000 SQUARE FEET (RS-10) TO INDUSTRIAL COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-037:029. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 98 98 is amended as follows: "SECTION 1. Section 25-8-3, 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: SECTION 2. [This e- ange in dis iet rAass:R^^tien : enditioned upon the felle . inn, ] In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (22) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: Protection of the public from the potentially deleterious effects of the proposed use, or Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. 1 B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this [erdinanee]amendment. C. Construction of the proposed development and related improvements within the subject property shall be completed within five (5) years from the effective date of this [erdinanee]amendment. This time period shall include securing Final Plan Approval from the Planning Director for the development within the subject property. Plans shall identify structures, fire protection measures, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include a landscaping buffer along the northern, western, and southern boundaries of the subject property. D. An overall landscaping plan and maintenance plan, which includes landscaping along the side property boundaries of the subject property, shall be submitted to the Planning Director for review and approval prior to the issuance of Final Plan Approval. E. Driveway access and sidewalk improvements along Kanoelehua Avenue shall meet with the approval of the Department of Transportation and the Department of Public Works, whichever is applicable. F. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of plans for Plan Approval. G. A drainage system, if applicable, shall be installed, meeting with the approval of the Department of Public Works. H. Sewer line connections shall be installed meeting with the requirements of the Department of Public Works. 2 I. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property. J. Upon compliance with applicable conditions of approval, prior to the opening of the proposed development, the applicant shall submit a final status report, in writing, to the Planning Director. K. 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 Fee Ordinance. L. [Affl initial pwte*ision of time for the per f anee ,.C,.enditians within the ardin..ne may he granted by the Planing Direeter upon the following eireumstanee. } The iien per*e-ffleiiee is the result of ce n'diti nc that eould not ; ::.e bee.. foreseen o are beyond the ee.,t.,.l of the heart s «.i 7 (_ranting of the time exteiisi n uld not be eentFar-y to the Gener l Plan a Zoning CaEle 3. G_ nti of the time exte ..............:ld no, be eentr..:J to the . ' rib.r~as fer granting of the peffflit. originally b•"'•"• Y""""""""" ° ..v.au.uvu to be Y..a aa.auavv wraxxn If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. M. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation." 3 SECTION 3. Material to be deleted is bracketed and struck-through. New material is underscored. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai `i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 4 cN- 10 E5-10 ML. -20 E5;10 > SINGLE FAMILY RESIDENTIAL w w ¢ (RS-10) TO INDUSTRIAL w w 0 COMMERCIAL MIXED (MCX-20) V3 R5-10 E0 AREA = 21,050 SQ.Fi. o i (h n V% s Of g E O n Y ML-20 `LLJ o MG-la u R5-10 R5-10 MG la iMG+I• 3 - a „ - R5 10 ML-20 I LE I LAN I Future 50' R /W Line STREET RS 10 R5 10 ML-20 M -la MG In W MG-1 D Z P W v > p ML-20 Q p a o MC-18 0 v r R5 10 0 a - Y a 95 .10 D MG I¦ a a J Y RS- ML- R5- L_ 3.243.00 S 10 20 10 20 11.062.50 E "HALM-& L RS 10 MG-Is Z a - G L A N I K A U L A Future 60' R/W Line D S T R E E T -inure 60' R/W Line m 20 RS 10 R5 10 10 10 J MP in MG-la 20 p Lu O R5-10 -10 CON- Q RS-10 g K A W I L I STREET 0 c u ML -~oj ML 20 ML-20 2p 1 MG-Ir MG-la 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 INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY ; PLANNING DEPARTMENT COUNTY OF HAWAII IK . 2-2'-37:29 JULY 1, 1998 1 E:X[-119lq v l'p (SF WINO HOLDINGc INC.)