HomeMy WebLinkAboutCOM 0508.000 2006-2008 Mtv,or.
Harry Kim Dixie Kaetsu
Ma}ror ; ~ Managing Director
r
Barbara Kossow
~~os'M~'~ Depary Managing Director
County of Hawaii
25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 • (808) 9615211 • Fax (808) 961b563
KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740
(808) 329-5226 Fax (808) 3265663
June 21, 2007
_
,f
Honorable Pete Hoffinann, Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Avenue
Hilo, HI 96720
Dear Chairman Hoffinann and Members:
,~hange of Zone (REZ 746)
Applicant: Dr. Brian and Ramona Sakamoto
Request: Amendment to Condition B (Plan Approval) and J (Annual Report)
Of Ordinance No. 93-101
Tax Map Key: 2-2-21:7 and 46
Change of Zone Application (REZ 07-000066)
Applicant: Francis and Martha Rodillas
Request: A-3a to FA-2a
Tax Map Key: 2-5-40:18
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.
Sinc`
F Harry Kim
Mayor 5oB
Comm. No. 0
Enclosures Ref. To:
cc: Planning Department Ref. Dore JUN 2 2007
~ ~,9~R l 25
i•
County of Hawaii
PLANNING COMMISSION
Aupuni Center • lOl Pauahi Stmet, Suite 3 • Hilo, Hawaii 96720
Phone (608) 961-8288 Fax (808) 961-8742
June 21, 2007
Pete Hofftnann, Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Avenue, 2nd Floor
Hilo, HI 96720
Dear Chairman Hoffrnann and Council Members:
Change of Zone (REZ 746)
Applicant: Dr. Brian and Ramona Sakamoto
Request: Amendment to Condition B (Plan Approval) and J (Annual Report)
Of Ordinance No. 93-101
Tax Man Key: 2-2-21.7 and 46
The Planning Commission, after a duly held public hearing on June 5, 2007, voted to recommend
for your approval the proposed legislative bill for an amendment to Condition B (Plan Approval)
and J (Annual Report) of Change of Zone Ordinance No. 93-101, which rezoned 20,812 squaze
feet of land from an Office Commercial - 20,000 squaze feet (CO-20) to a General Commercial -
20,000 square feet (CG-20) district. The property is located along the north side of Lanihuli
Street, approximately 256 feet east of the Lanihuli Street-Kinoole Street intersection, Waiakea,
South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicants aze requesting a one (1) year extension of time to comply with
Condition B of Ordinance No. 93-101, which requires the applicants to secure Final Plan
Approval within one year from the effective date of the ordinance. The applicants intend
to construct a new building for a dental practice and for other office and/or retail uses.
Condition B of Change of Zone Ordinance 93-101 (REZ 746) states:
Hawai `i Counry is an Equal Opportunity Provider and Employer
Pete Hoffmann, Chairman
and Members of the County Council
Page 2
"Final Plan Approval for the proposed commercial building and related improvements
shall be secured from the Planning Director within one year from the effective date of the
change of zone ordinance. To assure adequate time for plan approval review and in
accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of
forty-five (45) days prior to the date for which plan approval must be secured. Plans shall
include a landscaping buffer along the project site's common boundaries with adjoining
properties for the purpose of mitigating any potential adverse noise and visual impacts."
In the process of submitting plans for Plan Approval for the new building, the
applicants were informed by the Planning Department that although the previous
applicant (Hilo Audio, Inc.) secured Final Plan Approval in compliance with Condition
B, they did not complete construction of the proposed commercial development within 3
years from the date of issuance of Final Plan Approval, as required by Condition C. The
applicants, therefore, are requesting a 1-year time extension to Condition B (secure Final
Plan Approval) to allow them to re-submit plans for plan approval. With the approval of
the time extension for Condition B, the applicants will be able to meet the requirements
of Condition C and complete construction of the proposed commercial development
within three (3) yeazs from the issuance of the new Final Plan Approval.
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 or their fault or negligence. The applicants purchased the property in 2003 with the
intention of constructing a new building for the applicant's dental practice and for other
office and/or retail uses. They were not made awaze that there was a time requirement that
had lapsed. To date, they have expended considerable funds preparing plans for the
project.
Approval of this request would not be contrary to the General Plan nor the
original reasons for the granting of the Change of Zone. There have not been any
significant changes to the General Plan for this area since this request was originally
approved that would affect this project. Additionally, the request is not contrary to the
original reasons for granting the change of zone. Lastly, there have been numerous
rezone approvals to General Commercial in this area.
As part of this amendment, the Planning Director will be recommending the
addition of several new conditions and changing some of the original conditions to reflect
our current standard language for these conditions. Since the approval of this change of
zone ordinance, there have been several new conditions added to commercial rezonings
as part of the approved ordinances. These include the standard affordable housing and
fair share conditions, which will require an applicant to meet affordable housing and fair
Pete Hoffinann, Chairman
and Members of the County Council
Page 3
shaze requirements ifsingle-family or multiple-family residential units aze constructed on
the commercial property, which are permitted on the commercial zoning. Additionally,
we will be recommending the deletion of the annual progress report condition
(Condition J), as the Planning Director is currently not requiring these reports to be
submitted on smaller rezoning requests.
For your favorable consideration, an amendment to Ordinance No. 93-101 is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
it Graham, Chairman
Planning Commission
Lsakamo[o02PC
Enclosures
cc: Dr. and Mrs. Brian Sakamoto
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources-HPD/Kona
DOT-Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counsel
BSakamoto-REZ746.j wd-OS-14-07
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
BRIAN AND RAMONA SAKAMOTO
CHANGE OF ZONE ORDINANCE NO. 93-101 (REZ 746)
AMENDMENTS TO CONDITION B (SECURE FINAL PLAN APPROVAL)
AND CONDITION J (ANNUAL PROGRESS REPORT REQUIREMENT
BRIAN AND RAMONA SAKAMOTO have submitted a request to amend conditions
B (time to secure Final Plan Approval) and J (annual progress reporting requirement) of Change
of Zone Ordinance No. 93-101, which rezoned 20,812 square feet of land from an Office
Commercial - 20,000 squaze feet (CO-20) to a General Commercial - 20,000 square feet (CG-
20) district. The property is located along the north side of Lanihuli Street, approximately 256
feet east of the Lanihuli Street - Kinoole Street intersection, Waiakea, South Hilo, Hawaii,
TMK: 2-2-21:7 (pazce146 consolidated with parcel 7).
APPLICANT'S REQUEST
1. Request: The applicants have submitted a request fora 1-year time extension to comply
with Condition B and Condition J of Change of Zone Ordinance No. 93-101 (REZ 746),
which states:
"B. Final Plan Approval for the proposed commercial building and related
improvements shall be secured from the Planning Director within one year from
the effective date of the change of zone ordinance. To assure adequate time for
plan approval review and in accordance with Chapter 25-244 (Zoning Code),
plans shall be submitted aminimum offorty-five (45) days prior to the date for
which plan approval must be secured. Plans shall include a landscaping buffer
along the project site's common boundaries with adjoining properties for the
purpose of mitigating any potential adverse noise and visual impacts."
"J. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of this ordinance. The report shall include, but not be limited to,
the status of the development and to what extent the conditions of approval are
complied with. This condition shall remain in effect until all of the conditions of
the approval have been complied with and the Planning Director acknowledges
that further reports are not required."
2. Reasons for Request: The applicants purchased the property in 2003 with the intention
of constructing a new building for a dental practice and for other office and/or retail uses.
-1-
ATTACH: Come. 508
Bill 125
In the process of submitting plans for Plan Approval with the Planning Department, the
applicants were informed that although the previous applicant secured Final Plan
Approval in compliance with Condition B, they did not complete construction of the
proposed commercial development within 3 years from the date of issuance of Final Plan
Approval, as required by Condition C. The applicants are therefore requesting a 1-year
time extension to Condition B (secure Final Plan Approval) to allow them to re-submit
plans for plan approval. With the approval of the time extension for Condition B, the
applicants will be able to meet the requirements of Condition C and complete
construction of the proposed commercial development within three (3) years from the
issuance of the new Final Plan Approval. The applicants are also requesting a time
extension to comply with the requirement of submitting an annual progress report
(Condition J) as the previous applicant did not comply with this requirement.
3. Proposed Development: The proposed development will consist of the following:
• Dental office within a 1,624-square foot 1-story structure
• Three (3) 1,008 square foot areas for office/retail uses within an approximate
3,400 square foot structure with attached restroom
• Paved parking area
• Landscaping
4. Supportive Information: The applicants, who are the landowners, have submitted the
attached in support of the amendment request. (Planning Department Exhibit 1 -
Amendment Request dated April 13, 2007)
BACKGROUND INFORMATION
5. October 22,1985: Effective date of Change of Zone Ordinance No. 85-83 (REZ 509)
approved by the County Council, which reclassified TMKs: 2-2-21:7 & 46 from Single
Family Residential (RS-10) to Office Commercial (CO-20). The applicant was Dr. James
Lutter.
6. February 16, 1988: Effective date of Change of Zone Ordinance No. 88-15, which
amended Ordinance No. 85-83, to allow a 1-year time extension to Condition B (submit
Plan Approval). The applicant was Dr. James Lutter.
7. February 8,1989: Plans for the conversion of an existing single family dwelling into a
-z-
dentist office were submitted by James Lutter to the Planning Department for review in
compliance with Condition B of Ordinance No. 88-15.
8. October 8, 1993: Effective date of Change of Zone Ordinance No. 93-101 (REZ 749)
approved by the County Council, which reclassified TMK: 2-2-21:7 & 46 from Office
Commercial (CO-20) to General Commercial (CG-20). The applicant was Hilo Audio,
Inc. (Refer to Exhibit B within the applicant's amendment request)
9. January 17, 1995: Final Plan Approval was secured by Roy Suzuki of Hilo Audio, Inc.
for a retaiUwarehouse building in compliance with Condition B. The building was not
constructed within 3 years from the date of issuance of Final Plan Approval, as required
by Condition C. (Refer to Exhibit C within the applicant's amendment request)
10. December 13, 2006: Approval date for Final Consolidation Approval No. CON 06-
000065, which consolidated TMKs: 2-2-21:7 & 46 into TMK: 2-2-21:7. The
consolidated property is 20, 812 square feet in size.
11. March 5, 2007: The applicants submitted plans for Plan Approval to the Planning
Department.
12. April 2, 2007: The Planning Department informed the applicants that the department is
not able to process the Plan Approval.
DESCRIPTION OF STATE AND COUNTY PLAN5
13. General Plan LUPAG Map: High Density Urban.
14. State Land Use Designation: Urban.
15. County Zoning: General Commercial (CG-20).
16. Chapter 205A, ARS, Coastal Zone Management Program: The entire State of
Hawaii lies within the Coastal Zone Management area. The intent of the Coastal Zone
Management Program is to guide and regulate public and private uses in the coastal zone
management area with respect to recreational resources, historic resources, public access
to the shoreline, scenic and open space resources, coastal ecosystems, marine resources,
economic uses, coastal hazards, managing development, public participation, and beach
protection
17. Special Management Area (SMA): The property is not located within the Special
Management Area (SMA).
-3-
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
18. Subject Property: The property is 20, 812 square feet in size and is rectangular in shape.
The property is located at 70 Lanihuli Street. The property is vacant of structures and
uses.
19. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of
residential and commercial uses. To the east are properties zoned RS-10, RD-3.75 and
CG-20. The residential properties consist of residential uses. To the north is a property
zoned RS-10 and CG20 that consist of residential and office uses. To the west are
properties zoned RS-10 and CG-20 consisting of residential and commercial uses. To the
south across Lanihuli Street is a property with an office building zoned CG-20.
Commericial-office uses on Lanihuli Street include the Big Island Optical Center,
Clinical Laboratories and other medical offices. The nearest residences are located on the
bordering properties to the east and west.
20. Land Study Bureau's Detailed Land Classification System: Existing Urban
Development.
21. ALISH Map: Existing Urban Development.
22. Soil Survey: Keaukaha extremely rocky muck, 6 to 20 percent slopes (rKFD).
23. FIRM: Zone X, an area outside the 500-year flood plain.
PUBLIC FACILITIES
24. Access: Access to the property will be from Lanihuli Street, which is a County owned
and maintained roadway that has a 20-foot wide pavement within a 60-foot right-of--way.
25. Water: County water is available to the property.
26. Wastewater: County sewer is available to the property.
27. Utilities: All other essential utilities and services are available to the property.
AGENCIES' COMMENTS
28. Department of Public Works: (Planning Department Exhibit 2 -May 10, 2007
Memo)
29. Department of Environmental Management: (Planning Department Exhibit 3 -
April 19, 2007 Memo)
30. Police Department: (Planning Department Exhibit 4 -April 25, 2007 Memo}
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31. Fire Department: (Planning Department Exhibit 5 -April 26, 2007 Memo)
32. Department of Land and Natural Resources-Land Division: (Planning Department
Exhibit 6 -April 20, 2007 Letter)
33. Department of Health: (Planning Department Exhibit 7 - Apri120, 2007 Memo)
AGENCIES - NO RESPONSE
34. Department of Water Supply and Department of Land and Natural Resources-State
Historic Preservation Division
PUBLIC COMMENTS
35. As of the date of this writing, the Planning Department has not received any comments or
objections from the general public or adjacent landowners on the subject request.
-5-
Annual Report and Rezoning Time Extension Request
Ord. 93-101
Drs. Brian and Ramona Sakamoto
TMK: 2-2-23:7 & 46
April 13, 2007
Planning Dept.
Exhibit,. ~
April 12, 2007
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Deaz Mr. Yuen:
Subject: Annual Report and Rezoning Time Extension Request
Ord. 93-101. Dr. Brian Sakamoto. TMK: 2-2-21:7 & 46
My wife and I purchased the subject property in 2003 with the intention of
constructing a new building for my dental practice and other office and/or retail uses. In
submitting our plans for Plan Approval and a building pemut, we were informed by your
office in a letter, dated Apri12, 2007 that the operative rezoning ordinance (Ord. 93-101)
had a time performance condition. (Exhibit A) Because the time limit expired, we were
unable to have the plans processed. We are thus seeking amendment to that condition, as
well as would like to have this letter serve as the annual report.
BACKGROUND
The subject contiguous parcels consist of a combined area of 20,812 squaze feet.
They are located on the north side of Lazrihuli Street, approximately 155 feet east of the
intersection of Lanihuli and Kinoole Streets, Waiakea, South Hilo. By approval of
Ordinance No. 93-101 (Exhibit B), the subject site was rezoned on October 8, 1993 from
Commercial-Office (CO-20) to Generai Commercial (CG-20). This approval was subject
to a number of performance conditions, one of which required completion of the
proposed commercial development within three (3) yeazs of receipt of final Plan
Approval.
Following this rezoning approval, final Plan Approval for a retaiUwazehouse
building by the former owner January 17, 1995 (Exhibit C). Since that time, the former
applicant/owner did not proceed with its project. We subsequently purchased the
property in 2003 with the expectation of relocating my practice to this area as well as
providing areas for other office and/or retail uses. A copy of the proposed site plan is
enclosed as Exhibit D. 2000. Since issuance of the Plan Approval, however, no time
extension requests were filed.
Notwithstanding the inaction of the former landowner, we would like to finalize
the project and fulfill the conditions of the zone change as soon as possible. However, as
Mr. Christopher Yuen, Director
April 12, 2007
Page 2
noted in Exhibit A, a time extension request must be filed and approved before we can
proceed.
In that regard, I would appreciate your considering this letter as the formal request
for a time extension.
NATURE OF REQUESTS
We, Dr. Brian and Ramona Sakamoto, hereby request an amendment to Condition
B of Ordinance No. 93 101 to allow the submittal and approval of Final Plan Approval
within one yeaz of the effective date of an amendment to this ordinance. With this
amendment, Condition C relating to the construction timetable can be met.
We also request an amendment to Condition J relating to the submittal of an
annual report, inasmuch as none was ever filed since adoption of this ordinance. Again,
the annual report requirement could be one yeaz of the effective date of an amendment to
this ordinance.
JUSTIFICATION OF REQUESTS
In making this extension requests, we respectfully request your taking the
following into consideration:
1. The applicants' inability to perform within the stipulated period was a
result of conditions that could not have been foreseen or were beyond the
control of the applicants and not attributable to the applicants' negligence.
As noted above, we recently secured title to the property with the intent of
consummating the proposed development. We unfortunately were not
aware that there was any time requirement and that the required time had
lapsed. Accordingly, we proceeded to prepaze plans consistent with the
CG-20 zoning and have expended considerable funds to date.
2. Approval of this request would not be contrary to the prevailing General
Plan, Zoning Code, and Subdivision Code.
Since the rezoning was approved for the site in 1993, there have been no
changes to the General Plan affecting the subject property or immediately
surrounding azea. Furthermore, neither the Subdivision Code nor Zoning
Code has been amended in a manner that would affect the proposed
development. In either event, all pertinent requirements of the Zoning
Code would be complied with, as well as the existing conditions of the
rezoning ordinance.
Mr. Christopher Yuen, Director
April 12, 2007
Page 3
3. Approval of this request would not be contrary to the original reasons for
granting of the request for the rezoning ordinance, as amended.
The County Council unanimously approved the rezoning request, with the
favorable recommendation of the Planning Director and Commission. In
its favorable recommendation - which was accepted by the County
Council -the Planning Duector and Commission, in summary, concluded
that the proposed request or development was consistent with the General
Plan LUPAG map of High Density Urban and the pertinent policies of the
General Plan document. A copy of the Commission's letter outlining its
favorable recommendation to the County Council is found in Exhibit E.
The reasons for the approval of the rezoning request by the Council aze
still valid today. Accordingly, approval of this extension request would
not be inconsistent with the original reasons for approving the rezoning
ordinance.
In light of the above, we respectfully request your favorable consideration and
processing of this time extension request for both the Plan Approval and annual report
requirement. We also respectfully request your acceptance of this letter request as being
in fulfillment of the annual report requirement outlined in Condition J.
Please find enclosed twenty (20) copies of this letter request with enclosures, a list
of sun•ounding property owners, the real property tax clearance, and the filing fee of
$250. The required sign will be posted on the site upon receipt of your acceptance of
this request.
I trust that everything is in order for your processing. If not or if there aze
questions, please feel free to contact me. My contact information is: 475 I{inoole Street,
Suite 103, Hilo, HI 96720; phone - 935-300&; fax - 961-6566. Thank you very much.
Sincer ly;•
RIAN A. SAKAMOTO, DDS
Enclosures
~Y Ory
Flurry Kvn Cltrlstupher,l. Yuen
Mayor Director
e'~'9R'a'd~~'~, Brad Kurokawa, ASLA
LEED®AP
/1T ~~TTTytt III 'ak1~~tTtt Deputy Director
PLANNING D LEPARTMENT
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808) 961-8288 FAX (808) 961-8742
Apri12, 2007
Mr. Brian Sakamoto
475 Kinoole Street, Suite 103
Hilo, Hawaii 96720
Dear Mr. Sakamoto:
SUBJECT: APPLICATION FOR PLAN APPROVAL
OfTice/Retail Complex
TMK: 2-2-021:007 Waiakea Houselots, 2nd Series, South Hilo, Hawaii
We have reviewed the above-described plans for the construction establishment of the proposed
Office/Retail Complex.
We aze unable to approve the plans at this time for the following reason:
The subject property was granted the General Commercial zoning designation through approval
of Ordinance 93 101, which became effective on October 8, 1993. One condition (C) of approval
of the rezoning was that development of the commercial area was to be completed within three
(3) years of issuance of Final Plan Approval (FPA was required within one (1) year of the
Ordinance effective date). Other conditions of the Ordinance approval include, but are not
limited to, construction of curbs, gutters and sidewalks along the whole Lanihuli Street frontage.
Although the original Final Plan Approval was issued within the timeframe required and a
Building Permit was issued for the construction of the RetaiUWarehouse Building, it appears that
actual construction never occurred. Compliance with the condition (C) has never been granted a
time extension.
This situation needs to be addressed by the landowner/petitioner in consultation with the
Planning Departments' Planning Commission Division. Please contact Norman Hayashi of this
office for guidance on this matter.
EXHIBIT A
Hawaii County is an Equal Opportunity Provider and Empfoyen
1',4r. Brian Sakamoto
Page 2
Apri12, 2007
As regards the Plan Approval submission, we have the following to offer:
1. This property has side and rear yards adjacent to Residential zoning. As such, Section 25-5-
126(2) states "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." In addition, Section 25-5-127(b)
states "Where required side or rear yard in the CG district adjoins a building site in an RS,
RD, RM or RCX district, the side or reaz yazd 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." The required side and rear yazd buffer landscaping will
have an impact on the minimum back-up aisles of the parking spaces (25-4-53(c)). (emphasis
added)
2. Planning Department Rule 17 contains the regulations for building site landscaping in the
County of Hawaii. Rule sections 17-6(b)(2)(B) and 17-6(c) aze particularly applicable to this
proposed development, although other sections apply as well.
3. Section 25-4-55 states, in part, "One in every eight accessible spaces, but not less than one,
shall be designated `van-accessible."' In other words if only one accessible space is required,
it must Bevan-accessible having a space width of 9'-0" and an access aisle width of 8'-0".
(emphasis added)
4. A maximum of 33% of the parking spaces are allowed to be compact spaces.
5. A current Real Property Tax Clearance Certification shall accompany the application.
Should you have any questions, please feel welcome to contact Jonathan Holmes or Daryn Arai
of this Department.
Sincerely, 7
CHRISTOPHER J~~~
Planning Director
JRH: cd
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Encl PLA Submittals
xc Planning Commission Section (REZ 746)
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PLANNING DEPARTMENT
25 Aupuni Strn[, Room 109 • Hilo, Hawaii 96720.4252
(808) 961.8288 • Fzz (808) 961-9615
October 20, 1993
Mr. Roy Suzuki
Hilo Audio, inc.
411 East Kawili Street
H11o, HI 96720
Dear Mr. Suzuki:
Change of Zone No. 746
Applicant: Hilo Audio, Inc.
Request: CO-20 to CG-10
Tax Man Key: 2-2-21:7 and 46
For your information, we are attaching Ordinance No. 93-101, amending
the County Zoning Code, changing the district classification from
Office Commercial (CO-20) to General Commercial (CG-20) at Waiakea,
South Hilo, Hawaii.
Sincerely,
V ~ N"^
Vir 'nia G dstein
Pl~~g Director
jdk
LHiloA01.JDR
r
Atts.
xc: Mr. Yukio Takeya w/atts.
Planning Commission i;~.1-_
Plan Approval Section w/atts.
EXHIBIT B
sw x~ w n eM4
BILL NO. 12 7
ORDINANCE NO. 93 101
AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM OFFICE
COMMERCIAL (CO-20) TO GENERAL COMMERCIAL (CG-20) AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-21:7 AND 46.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-114, Article 3, 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 General
Commercial (CG-20):
Beginning at the Southerly corner of this parcel of land
being the Easterly corner of Lot 15, Grant 9307 to
Manuel C. Luiz along the Northerly side of Lanihuli
Street, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"HALAI" being 2,044.74 feet South and 6,046.24 feet East,
thence running by azimuths measured clockwise from True
South:
1. 148° 10' 00" 242.00 feet along the Easterly
side of Lot 15, Grant 9307
to Manuel C. Luiz;
2. 238° 10' 00" 86.00 feet along the Southerly
side of Lot 9, Grant 9699
to Mary B. Morris;
3. 328° 10' 00" 242.D0 feet along the Westerly
side of Lot 17, Grant 9003
to Chow Linq Iuo;
re
~~3" ~f1' ~~r" da,~~i feet along the Northerly
side of Lanihuli Street to
the point of beginning and
containing an area of
20,612 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, successors,
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) final Plan Approval for the.
proposed commercial building and related improvements shall be
secured from the Planning Director within one year from the
effective date of the change of zone ordinance. To assure
adequate time for plan approval review and in accordance with
Chapter 25-244 (Zoning Code), plans shall be submitted a
minimum of forty-five (45) days prior to the date for which
plan approval must be secured. Plans shall include a
landscaping buffer along the project site's common boundaries
with adjoining properties for the purpose of mitigating any
potential adverse noise and visual impacts; (C) construction of
the proposed commercial development shall be completed within
three (3) years from the date of issuance of Final Plan
Approval; (D) access to the subject property from Lanihuli
Street shall meet with the approval of the Department Public
Works; (E) roadway improvements to Lanihuli Street, to include
curb, gutter and sidewalk improvements and required pavement
transition areas, shall be constructed along the project site's
-2-
entire Lanihuli Street frontage in a manner meeting with the
approval of the Department of Public Works, prior to the
issuance of a certificate of occupancy for any portion of the
proposed development; (F) drainage improvements, if required,
shall be installed in a manner meeting with the approval of the
Department of Public Works prior to the issuance of a
Certificate of Occupancy for any portion of the proposed
development; (G) wastewater generated by the proposed
development shall be disposed of in a manner meeting with the
approval of the Department of Health; (H) should any
unidentified sites or remains, such as artifacts, shell, bone
or charcoal deposits, human burials, rock or coral alignments,
pavings or wall be encountered, work in the affected area shall
cease and the Planning Director immediately notified.
Subsequent work shall proceed upon an archaeological clearance
from the Planning Director when it finds that sufficient
mitigative measures have been taken; (I) comply with all
applicable laws, rules, regulations and requirements of the
affected agencies; (J) an annual progress report shall be
submitted to the Planning Director prior to the anniversary
date of this ordinance. The report shall include, but not be
limited to, the status of the development and to what extent
the conditions of approval are being complied with. This
condition shall remain in effect until all of the conditions of
approval have been complied with and the Planning Director
acknowledges that further reports are not required; (K) should
H
-3-
the Council adopt a Unified Tmpact Fees Ordinance setting forth
criteria for the imposition of exactions or the assessment of
impact fees, conditions included herein shall be credited
towards the requirements of the Unified Impact Fees Ordinance;
and, (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: 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); and 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 Director
shall initiate rezoning of the area to its original or more
appropriate designation.
-9-
SECTION 3. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its _
adoption.
YNTRODUCED BY:
V - , ,
A~
COUNCIL MEMHE COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: September 8, 1993
Date of 1st Reading: Segtember e, 1993
Date of 2nd Reading: September 22, 1993
Effective Date: October 8, 1993
APPR VED AS TO F RM AND LEGALITY:
uiY CORPORATION COUNSEL
DATED: 7~3CZ~1~3
-5-
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COMMERCAAI. (CO-'~G) B~9•lo'~ aaa.oe
To 6ENERAI. ~
COMMERCIAL (C6-'20) Rs-1O ~ -ae•lo' ce-
AREA = ao, 812 Sm. FT. a~_~ Q
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RD-9.7s I R9-le K RO-1o RH-le
AMENDMENT TO THE ZONING CODE.
AMErIDiN6 SECTION ~5-114 (CiT7' OF HILO ZONE
MAP) ARTICLE 3, CHAPTe.`R 25 (ZONING CODE) OF
THE HAWAiI CoUNT7' C®DE, DY GHANGIN6 THE
DISTRICT C`-A551F1GA"r'tON PRoM oFFfCs=
CoMMSleC1AL (CO-2o) 'T'o GENERAL. CoMMt=RG1A>-
(c~-2a) AT YvAaAK~A, SouTH }-ItL..o, HAWAII,
p1QE(°ARImD BY 1°I..ANN(NG ®E/°A1QTf~IC-NT
counlT~- of I°FAWAf!
-r-r~slc : ~-~-~i = ~ Arr® .luny a,
~XH lalT °411 rHl,~ Auolo, Ir - RoT S~Z~K~;
,
ems-
~4Y ®F•p~.
e
„°fi&)d~§we$ fi~ Ir$§RSS§1$H6fl e; Dinetw
.,~iid~ l~ayoe
Norman O{esen
De¢xry Dieectat
(t~~uttf~r ~ttf~ttti
PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hila Hxwxii 96720-1252
(808) 961-8288 • Fox (808) 961.9615
January 17, 1995
Mr. Roy Suzuki
Hilo Audio, Inc.
411 East Kawili Street
Hilo, HI 96720
Plan Approval Applied For: HILO AUDIO, INC.
New Retail/Warehouse Building
TMK: 2-2-21;7 & 46, PA 2504
We reviewed and processed subject plans for final approval.
Enclosed are copies of Final Plan Approval sheets dated
October 4, 1994, and January 6, 1995, with stated conditions for
perusal and file.
Should you have any questions, please do not hesitate to contact
William Yamanoha of this office at 961-8288.
incerely, ~Q'~,'~.
VIR I~A LDSTEIN
Pla ing rector
WRY:eti
5939D-8
xC: Rez, No. 746
Enclosure
EXHIBIT C
~Rt~i~3"lid` `r''La~(~i~`sNba I~FI~I~~I'M~hd°t~
FINAL (xEVISED) PA 2504
PLAN APPROVAL
Applicant HILO AUDlO, INC. Date January 6, 1995
Tax Map Key 2-2-21:7 & 46 Location S. Hilo
Proposed Use RETAIL/WAREHOUSE BUILDING
Zone CG-20 Parcel Area :10,812 s.f. 46: 10,000 s.f.
Subd. No. 4425
As shown on Ian Recd 1/6/95 Comments
Front Yard As per lan OK Building relocation per DPW requirement.
Rear Yard
Side Yard
Ht. of Structure As er Ian OK
Access to Parking As er Ian OK Sub'ect to DPW re uirement s .
Off--Street Parking 11 stalls OK Refer to Final Plan A royal dated
October 4, 1994.
Loading and
Unloading Space
Density
Fencing: Material
Height
Location
Landscaping
zsu~
,,,,~~y
Others
Conditions
Comply with conditions stipulated by Final Plan Approval dated October 4, 1994.
~,v ~i,a ~ 5~~
Direc r ~ ~ , ~ .39~,
Date 2
WRY
~r +~OU~i=~~° FLA~1~3iN~~ DEPAR~'P+/1Fi~ i
""'4, FINAL PA 2504
. PLAN ~P.PROVAL
Applicant HILOAUDIO, INC. Date October 4, 1994
Tax Map Key 2-2-21:7 & 46 Location S. Hilo
Proposed Use RETAIL/WAREHOUSE BUILDING
Zone CG-20 Parcel Area : !0,812 s.f. 46: 10,000 s.f.
Subd. No. 4425
As shown on Plan Comments
Front 'Yard As er Ian OK Per Preliminary Plan Approval
Rear Yard Dated alga/sa.
Side Yard 3'-6" OK
Ht. of Structure As er Ian ox
Access to Parking Via Lanihuli Street and OK B.P. a roved b DPW on 9129194.
Easement "A"
Off--Street Parking 12 stalls OK Per Prelimina Plan A royal
dated 4/28/94.
ADA Note: Accessible arkin stalls, access aisle s
and accessible routes to an accessible
buildin entrance shall com I with the
mericans with Disabilities Act ADA
accessibilit uideline.
See conditions.
Loading and Per buildin desi n/ OK
Unloading Space ro osed use
Density
Fencing: Material Nothin ro osed on
Height building construction
Location laps.
Landscaping As er Ian OK Per Preliminary Plan Approval dated 4!28/94.
FIRM OK "X" on B.P. Ap lication.
OD 84-89 OK OD Null and Void.
1a04
Others
Rez. No. 746 OK Co of Ord. No. 93-101 in file.
Conditions
Refer to attachment.
Direc
Date ^ 0.:°95.
,
i
Plan Approval No. 2504 i
Page 1
October 4, 1999 '
i1
a
I!
ONDITIO
1. The applicant, successors, ar assigns shall be responsible for
complying with conditions of Ordinance 93-101. Construction
of the proposed building and related building improvement
shall be completed on or before October 4, 1997;
2. The off-street parking spaces and required loading spaces
shall be paved and striped prior to issuance of the
Certificate of Occupancy;
3. Roadway improvements to and within the Lanihuli Street
right-of-way shall be constructed along the project site's
entire Lanihuli Street frontage in a manner meeting with the
approval of the Department of Public Works prior to the
issuance of the Certificate of Occupancy for any portion of
the proposed development; {
Should the Council adopt a Unified Fees Ordinance setting I)
forth criteria for the imposition of exactions or the ~
assessment of impact fees, conditions included herein shall be
credited towards the requirements of the Unified Impact Fees
Ordinance;
4.a. The demolition of any remaining building improvement and i
further grubbing, grading of the parcel(s) prior to the
construction of the proposed development shall comply with DPW
regulation(s) and should any unidentified sites or remains, i
such as artifacts, shell, bone or charcoal deposits, human
burials, rock or coral alignments, pavings or wall be
encountered, work in the affected area shall cease and the ~
Planning Director immediately notified. Subsequent work shall
proceed upon an archaeological clearance from the Planning
Director when it finds that sufficient mitigative measures
have been taken;
4.b. Landscaping, pursuant to landscaping plan shown on plans
issued Preliminary Plan Approval dated April 24, 1994, shall
be planted and established prior to issuance of the
Certificate of Occupancy;
5. Applicant and/or landowner to be responsible for maintenance i
and upkeep of approved landscaping;
6. The proposed and future building improvement and uses are
subject to the standards and permitted uses in the General
Commercial (CG-20) zoned district; and,
I.
I.
P1a.n Approval No. 2504
October 4, 1994
Page 2
s
S
CONDITIONS - Continued
In the design and review of any future improvements, due
consideration for any potential visual impact shall be
required. This consideration shall entail the minimization of
adverse visual impacts through the appropriate siting, height,
bulk, color schemes, signage and landscaping;
7. Future building and related improvement(s) and use(s) of the
premises are subject to Plan Approval, Zoning Code; and,
e. The business signs shall comply with the County Sign Ordinance.
5940ll-2
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J +aJytY OF NQyr9
I li= ` ~~liya
Stephen 3C. Yamashiro
Mayor
ee..~~r •Ft o~'w~'a
~1.II1tIt~'k1 D~ ~tI~tltttt
PLANNING COMMISSION
25 Aupuni Strcet, Room 109 Hilo, Hswaii %720-4252
(808) 961-8288 Fix (808) 961-9615
Honorable Spencer K. Schutte, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Schutte and Members:
Change of Zone Application (REZ 93-4)
Applicant: Hilo Audio, Inc.
Request: CO-20 to CG-10
Tax Man Key: 2-2-21:7 and 46
The Planning Commission, after a duly held public hearing on
July 15, 1993 voted to recommend for your approval the proposed
legislative bill to change the district classification for
approximately 20,812 square feet from an Office Commercial-20,000
square foot (CO-20) to a General Commercial-20,000 square foot
(CG-20) zoned district. The property is located along the north
side of Lanihuli Street, approximately 155 feet east of the
Lanihuli Street-Kinoole Street intersection, Waiakea, South Hilo,
Hawaii.
The applicants propose the construction of a commercial building
to accommodate their audio retail operation.
The Commission concurs with the following Planning Director's
reasons for recommending favorable consideration of the change of
zone:
The Land Use Pattern Allocation Guide (LUPAG) map
component of the General Plan is a representation of the
document's goals, policies, standards, and course of action.
It is also a graphic depiction of the physical relationships
among the various land uses. The LUPAG map establishes the
basic land use pattern for areas within the County. The
requested zone change conforms to the General Plan's Land
Use Pattern Allocation Guide (LUPAG) map which designates
the property for High Density Urban uses. Such a
designation may allow uses such as commercial, multiple
family residential and related services (general and office
commercial; multiple family residential up to 87 units per q~r~~~
EXIIIBIT E ~ ~'y
4 %i
Honorable Spencer K. Schutte, Chairman
and Members of the County Council
Page 2
acre), provided the goals, policies and standards of the
General Plan are met.
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 or
stage developments to achieve quality growth. The
implications of these evaluations and decisions must also be
considered as they may have an impact on other similar areas
in the County.
The proposed change of zone to a General Commercial
zoned district will conform to the following goals, policies
and standards of the Land Use Element of the General Plan:
* Designate and allocate land uses in appropriate
proportions and mix and in keeping with the social,
cultural, and physical environments of the County.
* Zone urban- and rural-types of uses in areas with ease
of access to community services and employment centers
and with adequate public utilities and facilities.
* Zoning request shall be reviewed with respect to
General Plan designation, district goals, regional
plans, State Land Use District, compatibility with
adjacent zoned uses, availability of public services
and utilities, access, and public need.
* The county shall encourage the maintenance of
communities meeting the needs of its residents in
balance with the physical and social environment.
Approval of this request would also complement the
following goals and policies of the Commercial Element:
* "To provide for commercial developments that maximize
convenience to users.
* "Provide commercial developments that complement the
overall pattern of transportation and land usage within
the island's regions, communities, and neighborhoods.
* "Commercial facilities shall be developed in areas
adequately served by necessary services, such as water,
utilities, sewers, and transportation systems.
Honorable Spencer K. Schutte, Chairman
and Members of the County Council
Page 3
* "Distribution of commercial areas shall be such as to
best meet the demands of neighborhood, community, and
regional needs."
* The development of commercial facilities should be
designed to fit into the locale with minimal intrusion
while providing the desired services. Appropriate
infrastructure and design concerns shall be
incorporated into the review of such developments.
A Course of Action for commercial development within
the South Hilo District recommends that "Appropriately
located commercial zoned lands shall be allocated as the
need arises."
The project site is located within an area defined by
the General Plan as the expansion of the Downtown Hilo
Commercial Core. Expansion of commercial services within
this core area would facilitate convenience to users due to
its ease of access to other community services and
employment centers and the availability of adequate public
utilities and facilities. The request would be consistent
with the urban form depicted for Hilo in that it would add
commercial uses serving the entire City of Hilo and its
surrounding region in a central location and in close
proximity to other similar commercial activities. The
General Plan recognized the "increase in sales in almost
every category of commercial activities, [which] executed
the growth in the number of establishments and the
commercial core of Hilo as "The island's major commercial
center " Recent rezonings of surrounding properties
to a Commercial-zoned district is testimony to the demand
for commercial-zoned areas within the City of Hilo.
The Hilo Community Development Plan (CDP), adopted by
Resolution in 1975, is intended to provide short and middle
range implementation strategies for the goals, policies and
land use pattern presented in the General Plan. While the
Hilo CDP and its Zone Guide Map, adopted over 15 years ago,
suggests a Multiple Residential-4,000 square feet per unit
(RM-4) designation for the project site, it 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, which extends southward from the Wailuku River to the
general vicinity of the University of Hawaii at Hilo. The
Y
Honorable Spencer K. Schutte, Chairman
and Members of the County Council
Page 4
expansion of the High Density Urban designation during the
1989 General Plan update to include areas in the immediate
vicinity of the University of Hawaii and recent Commercial
rezonings within the immediate area has solidified the
project area as part of the primary commercial core for this
portion of Hilo.
There are no endangered or threatened candidate species
of flora or fauna found within the project site, nor has the
project site been identified as a significant botanical or
biological habitat.
Due to the improved nature of the project site, it is
not anticipated that the proposed use will have any adverse
impact on cultural or historical resources.
The project site is located within an area adequately
served with essential services and facilities such as water,
transportation systems, and other utilities. Water is
available to the project site at a maximum of 1,200 gallons
per day. Access to the property is from Lanihuli Street,
which has a pavement width of 20 feet within a 60-foot
right-of-way. As required through Ordinance No. 88-15,
which rezoned the project site to its current Co-20 zoning,
and similar rezonings within the immediate area, it is
recommended that curb, gutter, sidewalk and pavement
transition improvements along the property's Lanihuli Street
frontage be provided. Tt is recommended that wastewater be
disposed of in compliance with Department of Health
regulations.
While surrounding lands within this portion of Hilo has
seen a definitive progression towards commercial uses,
residential uses still dominate lands within the immediate
vicinity of the project site. The project site itself is
surrounded by lands zoned Single Family Residential-10,000
square feet (RS-10). Therefore, it is recommended that
landscaping elements be incorporated within the proposed
development to mitigate any adverse noise of visual impacts
which may be generated by the proposed commercial use. This
mitigative measure will ensure that the proposed development
fits into the locale with minimal intrusion while providing
the desired services.
Finally, the property has no severe topographic or
geologic problems which cannot be properly rectified or
which would render the land unusable for the proposed use.
Honorable Spencer K. Schutte, Chairman
and Members of the County Council
Page 5
For your favorable consideration, an amendment to Section 25-114,
the City of Hilo Zone Map, of the County Zoning Code is
transmitted.
We are enclosing a copy of the application and a copy of the
staff background for your information.
Sincerely,
lf,~' 7 4
Donald L. Manalili, Chairman
Planning Commission
RKN:jdk
LHiloA02.PC
Enclosures
xc: Honorable Stephen K. Yamashiro, Mayor
Planning Director
Mr. Roy Suzuki
Mr. Yukio Takeya
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources
Department of Health
Plan Approval Section
9
7
DEPARTMENT OF R1~Bl~tG alUOR14S -
COUNTY OF HAWAII
HILO, HA1hlAlf.
DATE: May 10, 2007
I/Gell~f~G~CCZ1C~lG
TO: Christopher J. Yuen, Planning Director
FROM: ~De~partment of Public Works
SUBJECT: CHANGE OF ZONE (REZ 746)
Applicants: Dr. Brian and Ramona Sakamoto
Request: Amendment to Condition B (Plan Approval) and J (Annual
Report) of Ordinance No. 93-101
Tax Map Keys: 2-2-21:007 and 046
We have reviewed the subject request forwarded by your memo dated April 17, 2007
and no comment or objections to the proposed amendments.
Questions may be referred to Kelly Gomes of the Engineering Division at ext. 8327.
~~g~~y
Planning Z ~pt.
Exhibit~_
CnunN of Hawaii is an Fnnal (lnnnmmiFV Prnvidrr and F...nin.~e.
' ,NTY Os N~
n i~ _ laq,
Harry Kim C(-'~~ ! ~
j { ~ ~ rN~ 5 + Barbara Bell
Mayor ~ - ~ Director
~a..~
sr•:;
~ ~ •`i ~ ~rE °i.H'.Y Nelson HO
V ~JF: i ~ - , - , Deputy Director
' ~`,t~
~1.lxlxTi~~1 It~ ~M~lT~[tt
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuai Street • Hilo, Hawaii 96720-0252
(808) 961-8083 ~ Fax (808) 961-8086
MEMORANDUM
Date : April 19, 2007
To C S ~ Planning Director
From: BELL, Director
Subject: Change of Zone Application (REZ 746)
Applicant: Dr. Brian and Ramona Salcamoto
Request: Amendment to Condition B (Plan Approval) and J (Annual Report) of Ordinance
No. 93-101
TMK: 2-2-21:7 and 46
We have reviewed the subject application and offer the following recommendations:
/1 ~DEPAR'~'MENT COMMENTS:
I , W WASTEWATER COMMENTS:
V' 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:
~ n~~-
TECHNICAL SERVICES COMMENTS: e' ( ~V ~\u~~
SOLID WASTE COMMENTS:
( ) No comments
(gyp) Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
Aggregates and any other construction demolition waste should be responsibly reused to
its fullest extent.
(jp) Ample and equal room should be provided for rubbish and recycling.
Greenwaste maybe transported to the green waste sites located at the Kailua and Hilo transfer
stations, or other suitable diversion programs.
(So } Construction and demolition waste is prohibited at all County Transfer Stations.
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:
ca SWD, TSS, WWD
Planning De'~39~.
Hawaii County is an equa(opporfunity provider and employ 0 2 8 3 3
exhibit 3
a
••7-: Barbaral3eR
Director
Harry Kim ~ ~
Mme' Michael Dworsky P.E
Solid WaateDlviaion Chief
N^~
County of Hawaii
DEPARTMENT OF ENVIItONMENTAL MANAGEMENT
u Aapmi ears, lta~ no. Hao, l3awaPl vs~zo-4zst
sra~ a Fa:(eOaJ vci-apse
June 6, 2006
SOLID WASTE MANAGEMENT PLAN
Guidelines
INTENT AND PURPOSE
This is to establish guidelines for reviewing solid waste management plans, for which
speaal conditions are placed on developments. The solid waste management plan will
be used to: (1) encourage recycing and recyding programs, (2) predict the waste
generated by the proposed development to antidpate the loading on County transfer
stations, landfills and recyding fadiities, and {3) predid the additional traffic being
generated because of waste and recycling transfers.
REPORT
The consultants 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 commerdal
development; oommerciat 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 fadtities 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. Ident~cation 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.
I_
Solid Waste Management Plan Guidelines
Page 2 of 2
5. The report will inGude 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
mtigation measures as outlined in the report: besides any candfions placed on
the applicant by the Department of Environmental Management.
3. A licerued environmental or avil engineer will draft and certify the solid waste
management plan.
CONCUR:
j~~~ i~
Barbara Belt
DIRECTOR
tOH3/03
Revised 06/06/06
Hawaii County is an Equal Opportunity Provider and Employer.
) HTY or Ny '
4eJ......... ~4
Harry Kim Lawrence I{. Mahuna
MaYOr _ - ~ a _ Police Chief
~
1
~;r : • Harry S. Kubojiri
- .,.i. ~+e ok'M•~ Depury Police Chief
.
County of Hawaii
POLICE DEPARTMENT
3491Capiotani Street Hilo, Hawaii 96720.3998 -
(808)935-3311 • Fax (808)961.8869
April 25, 2007
TO HRISTOPF,~ER J. YUEN, PLANNING DIRECTOR
m•
FROM MES M. DAY, ASSISTANT POLICE CHIEF, AREA I OPERATIONS
SUBJECT: CHANGE OF ZONE (REZ 746)
APPLICANT: DR. BRIAN AND RAMONA SAKAMOTO
REQUEST: AMENDMENT TO CONDITION B (PLAN APPROVAL) AND
J (ANNUAL REPORT) OF ORDINANCE NO. 93-101
TAX MAP KEY: 2-2-21:7 and 46
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.
KV:IIi
Planning Dept.
Exhibit~,.•___
0'7942
"Hawai'i County is an Fqual OpporNnity Provider and Employer"
4 :Mv4
Harry Kim ~ Darryl J. Oliveira
Mayor Fire Chief
•Oy.. !:<Nr~ Glen P.I. Honda
o: x•
Deputy Fire Chief
~DUUtp of ~a~bua~i`i
HAWAII FIRE DEPARTMENT
25 Aupuui Street • Suite 103 • Hi10. Hawaii 96730
(808) 981-8394• Fax (808) 981-2037
Apri126, 2007
TO: CHRISTOPHER J. YUEN, PLANNING DIl2ECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 746)
APPLICANT: DR BRIAN AND RAMONA SAKAMOTO
REQUEST: AMENDMENT TO CONDITION B (PLAN APPROVAL) AND j
(ANNUAL REPORT) OF ORDINANCE NO.93-101
TAX MAP KEY: 2-2-21:7 AND 46
In regazds to the above-mentioned Change of Zone application, the following shall be in accordance:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Seo 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 azound
the exterior of the building.
"EXCEPTIONS: 1. When buildings aze completely protected with an approved
automatic fire sprinkler system, the provisions of this section maybe modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similaz conditions, the chief may require additional fire
protection as specified in Section 10301 (b).
Planning Dept.
Exhibit.- ~P„epG
y~
02792b
Harvai'i County is an Equal Opportunity Provider and Employer.
Christopher J. Yuen
April 26, 2007
Page 2
" 3. When there aze not more than two Group R, Division 3 or Group M Occupancies,
the requirements of this section may be modified, provided, in the opinion of the chief,
fire-fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is detemuned 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 ]unit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access goad shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical
cleazance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire appazatus and approved signs are installed and
maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical cleazances or widths required by this section may be
increased when, in the opinion of the chief, vertical cleazances or widths are not adequate to
provide fire apparatus access.
"(f) Surface. Fire appazatus access roads shall be designed and maintained to support the
unposed loads of fire appazatus 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 appazatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning azound of fire appazatus.
"(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 unposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15%)
Christopher J. Yuen
Apri126, 2007
Page 3
"(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.
"(I) Signs. When required by the fire chief, approved signs or other approved notices shall be
provided and maintained for fire appazatus 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):
"(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 maius 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.
ARR OLIVEII2A
Fire Chief
AYapc
S E ~.~9 PETER T. YOUNG
LWDA LINGLE a P a °~9~ an Dr..vvo~lRrEnnans ncsx~Rres
GOVERNOROFNAWNI 1 ,.,.nilssl~saremrenn.=„rnmN:m'nc.!m[,r
I tS ` i S ROO[nRrvoakttoaDA
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wawEDRwD
a ~ STATE OF HAWAII Poor,
aDwI~.DR
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RnXWLAWEISLWDR6ERVECOMM69gN
DEPARTMENT OF LAND AND NATURAL RESOURCES n..4
:°al~R
- LAND DNISION
Sra~~Hysra~` POST OFFICE BOX 621
HONOLULU, HAWAII 96809
April 20, 2007
County of Hawaii
Planning Department
101 Pauahi Street Suite 3
Hilo, Hawaii 96720
Attention: Mr. Norman Hayashi
Gentlemen;
Subject: Dr. Brian and Ramona Sakamoto Amendment to Condition B and J of
Ordinance No. 93-101, Hilo, Hawaii, Tax Map Key: (3) 2-2-21:7, 46
Thank you for the opportunity to review and comment on the subject matter. The
Department of Land and Natural Resources has no comment to offer on the subject matter.
Should you have any questions, please feel free to call our office at 587-0433. Thank you.
Sincerely,
sell Y. Tsuji
Administrator
®2lc~
Punning Dept.
Exhibit~.,_
~ ~'7
,LtNDAyt=JNGCE' - - o. n CHIYOME L. FUKINO, M. D.
:GOVEfiNOR o
Apt esa
~,\i Diredorof Health
a~~.14;a., tl
_ '1
-
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: Apri120, 2007
TO: Christopher J. Yuen
Planning Director, County of Hawaii
FROM: Newton Inouye 1'~'
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone (REZ 746)
Applicant: Dr. Brian and Ramona Sakamoto
Request: Amendment to Condition B (Plan Approval) and J (Annual Report)
Of Ordinance No. 93-101
Tax Map Key: 2-2-21:7 and 46
Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from
the proposed development need to address the requirements of Chapter 23, Hawaii State
Department of Hea1_th Administrative Rules, Title 11, "Underground Injection Control"
We recommend that you review all of the Standard Comments on our website:
www.state.hi.us/health/environmental/env-nlannin~/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
WORD:REZ 746.my
027802
Planning Dept.
Exhibit
RSakamoto-REZ746.jwd-OS-14-07
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
BRIAN AND RAMONA SAKAMOTO
CHANGE OF ZONE ORDINANCE NO. 93-101 (REZ 746)
AMENDMENTS TO CONDITION B (SECURE FINAL PLAN APPROVAL)
AND CONDITION J (ANNUAL PROGRESS REPORT REQUIREMENT
Upon review of the request, the Planning Director recommends that a favorable
recommendation of the request to amend Condition B of Change of Zone Ordinance
No. 93-101 be forwazded to the County Council. Since this recommendation is made without the
benefit of public testimony, the Director reserves the right to modify and/or alter this position
based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
The applicants are requesting a one (1) year extension of time to comply with
Condition B of Ordinance No. 93-101, which requires the applicants to secure Final Plan
Approval within one yeaz from the effective date of the ordinance. The applicants intend
to construct a new building for a dental practice and for other office and/or retail uses.
Condition B of Change of Zone Ordinance 93-101 (REZ 746) states:
"Final Plan Approval for the proposed commercial building and related
improvements shall be secured from the Planning Director within one year from
the effective date of the change of zone ordinance. To assure adequate time for
plan approval review and in accordance with Chapter 25-244 (Zoning Code),
plans shall be submitted aminimum of forty-five (45) days prior to the date for
which plan approval must be secured. Plans shall include a landscaping buffer
along the project site's common boundaries with adjoining properties for the
purpose of mitigating any potential adverse noise and visual impacts."
In the process of submitting plans for Plan Approval for the new building, the
applicants were informed by the Planning Department that although the previous
applicant (Hilo Audio, Inc.) secured Final Plan Approval in compliance with Condition
-1-
B, they did not complete construction of the proposed commercial development within 3
years from the date of issuance of Final Plan Approval, as required by Condition C. The
applicants, therefore, are requesting a 1-yeaz time extension to Condition B (secure Final
Plan Approval) to allow them to re-submit plans for plan approval. With the approval of
the time extension for Condition B, the applicants will be able to meet the requirements
of Condition C and complete construction of the proposed commercial development
within three (3) years from the issuance of the new Final Plan Approval.
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 or their fault or negligence. The applicants purchased the property in
2003 with the intention of constructing a new building for the applicant's dental practice
and for other office and/or retail uses. They were not made aware that there was a time
requirement that had lapsed. To date, they have expended considerable funds preparing
plans for the project.
Approval of this request would not be contrary to the General Plan nor the
original reasons for the granting of the Change of Zone. There have not been any
significant changes to the General Plan for this azea since this request was originally
approved that would affect this project. Additionally, the request is not contrary to the
original reasons for granting the change of zone. Lastly, there have been numerous
rezone approvals to General Commercial in this area.
As part of this amendment, the Planning Director will be recommending the
addition of several new conditions and changing some of the original conditions to reflect
our current standard language for these conditions. Since the approval of this change of
zone ordinance, there have been several new conditions added to commercial rezonings
as part of the approved ordinances. These include the standard affordable housing and
fair share conditions, which will require an applicant to meet affordable housing and fair
share requirements if single-family or multiple-family residential units aze constructed on
the commercial property, which are permitted on the commercial zoning. Additionally,
we will be recommending the deletion of the annual progress report condition (Condition
-2-
J), as the Planning Director is currently not requiring these reports to be submitted on
smaller rezoning requests.
Based on the above findings, it is recommended that a favorable recommendation to
amend Change of Zone Ordinance 93-101 be forwarded to the County Council.
The accompanying draft bill reflecting an amendment to conditions of Ordinance No. 93-
101 is provided for your favorable consideration. (Material to be deleted is bracketed and strike
through and material to be added is underscored).
-3-
Mtv or p
tPJ~,~~.
COUNTY OF HAWAII STATE OF HAWAII
r
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE N0.93 101, WHICH RECLASSIFIED LANDS
FROM OFFICE COMMERCIAL - 20,000 SQUARE FEET (CO-20) TO GENERAL
COMMERCIAL - 20,000 SQUARE FEET (CG-20) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-2-021:007 (FORMERLY 2-2-021:007 AND 046).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 93 101 is amended as follows:
"SECTION 1. Section [~5-1~4] 25-8-33, Article [3] 8, Chapter 25 (Zoning Code) of the
Hawaii County Code 1983 X2005 Edition), is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following azea situated at Waiakea, South Hilo,
Hawaii, shall be General Commercial - 20,000 squaze feet (CG-20):
SECTION 2. [T' ' o v ..1,. :F.....t".. .,A:f: vA , „ .~.e
vim]
In accordance with Section 25-2-44 Hawaii Countv Code 1983 (2005 Edition), the Countv
Council finds the following conditions are:
Necessary to prevent circumstances which maybe adverse to the public
health safety and welfaze; or
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
B~ Fulfillment of the need for public service demands created by the
proposed use.
A. [t]The applicant, successors, or assigns shall be responsible for complying with all
of the stated conditions of approval;
B. [€]Final Plan Approval for the proposed commercial building and related
improvements shall be secured from the Planning Director within one year from
the effective date of cf ~c. e c:a:: ;
^.:..]this amendment. To assure
adequate time for plan approval review and in accordance with Chapter 25-[244}
(Zoning Code), plans shall ~ ,.o r ..t.. c..° (n c) dw;
irrtpaets] identify all existing_and/orproposed structures paved driveway access
and puking stalls associated with the proposed 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) and Section 25-
5-117 (Landscaping of Yazds in the CG District);
C. [s]Construction of the proposed commercial development shall be completed
within three (3) yeazs from the date of issuance of Final Plan Approval;
D. [a]Access to the subject property from Lanihuli Street shall meet with the
approval of the Department of Public Works;
E. [r]Roadway improvements to Lanihuli Street, to include curb, gutter and sidewalk
improvements and required pavement transition azeas, shall be constructed along
the project site's entire Lanihuli Street frontage in a manner meeting with the
approval of the Department of Public Works, prior to the issuance of a
[s]Certificate of [e]Occupancy for any portion of the proposed development;
-2-
F. [d]Drainage improvements, if required, shall be installed in a manner meeting
with the approval of the Department of Public Works prior to the issuance of a
Certificate of Occupancy for any portion of the proposed development;
G. [iv]Wastewater generated by the proposed development shall be disposed of in a
manner meeting with the approval of the Department of Health;
H. [s]Should any unidentified sites or remains, such as artifacts, shell, bone or
charcoal deposits, human burials, rock or coral alignments, pavings or wall be
encountered, work within the affected area shall cease and the Planning Director
immediatelynotified. Subsequent work shall proceed upon an archaeological
clearance from the Planning Director when it finds that sufficient mitigative
measures have been taken;
I. [ >
..rr ~
µbo~~,o ]The applicant shall comply with all applicable County State
and Federal laws rules regulations and requirements;
J. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented if applicable the applicants shall comply with the requirements
of Chapter 11 Article 1 Hawaii County Code relatin¢ to Affordable Housing
Policy This requirement shall be approved by the Administrator of the Office of
Housing and Community Development_prior to final plan approval or final
subdivision approval for any new residential stmctures;
K. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy~
-3-
L. If the applicants successors or assigns develop residential units on the subiect
property the applicants shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to pazks and recreation fire police, solid
waste di~osal facilities and roads. The fair share contribution shall become due and
payableprior to receipt of Final Plan Approval. The fair share contribution shall be
based on the actual number of residential units developed. The fair share contribution
in a form of cash land facilities or any combination thereof shall be determined by
the County Council The fair share contribution maybe adiusted annually beQinnin¢
three years after the effective date of this ordinance based on the percentage change
in the Honolulu Consumer Price Index (HCPD. The fair share contribution shall have
a_maximum 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 (single 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 Zl per multiple family residential unit ($208.57 per single family
residential unit~to the Count tY
o support solid waste facilities; and
-4-
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 applicants may contribute
land and/or construct improvements/facilities related to pazks and
recreation fire police solid waste disposal facilities and roads within the
region impacted by the proposed development subiect to the review and
recommendation of the Planning_Director upon consultation with the
appropriate agencies and approval of the County Council;
ta-pro-anrir ersat=¢date a€this eidinanse T~-~
r-shalt .«~l..ae 1...4 «,.L
'L ,t L 1` L CLI, .i ..1,. ..+,....i L.. ,.1, n4s_v4°..!+~
f
ie ~ _ _ _ t _~~___...1 ,.......«1:,.A Ll. Th:.... ~.aA:+:.... ,.l...ll ~e«..,:..:..
FF 't 11 F+1, .t'L' C 1.,..,e l,oe« ..t: e.7 >~ia
L DI - - T' 1. 1vAn +1,..4 A..+he ...3~~~e ,.L .a vA•l
b J
[I4:]M. [s]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 may shall be credited towards the requirements
of the Unified Impact Fees Ordinance;
[lT]N. [s]An initial extension of time for the performance of conditions within
the ordinance maybe granted by the Planning Director upon the following
circumstances:
1) [t]The non-performance is the result of conditions that could not
have been foreseen or aze beyond the control of the applicant,
successors or assigns, and that aze not the result or their fault or
negligence;
-5-
2) [g]Granting of the time extension would not be contrary to the
general plan or zoning code;
3) (g]Granting of the time extension would not be contrazy to the
original reasons for granting of the change of zone; and,
4) [t]The time extension ganted shall be for a period not to exceed
the period originally granted for performance (i.e., a condition to
be performed within one yeaz maybe extended for up to one
additional yeaz); and,
5) [F]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 Director [shall]may initiate rezoning of the area to its
original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
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.
-6-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-7-
R.n. -9.75 ^ rl'
v R to ~
R t0 OFFICE COMMERCIAL
20,000 SQUARE FEET (CO.20)
TA GENERAL CAMMERCL4L
20000 SQUARE FEET CG- Zr
RS10 20,812 SQ. FT. RS10 S
MOROULI ST
h
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AMENDMENT TO THE ZONING CODE
AN ORDINANCE AMENDING ORDINANCE 93-101
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), WHICH RECLASSIFIED THE DISTRICT CLASSIFICATION
FROM OFFICE COMMERCIAL 20,000 SQUARE FEET (CO-20)
TO GENERAL COMMERCIAL 20,000 SQUARE FEET (CG-20)
AT WAIAKEA, SOUTH HILO, HAWAII
COVERED BY TAX MAP KEY 2-2-021:007 (FORMALLY 2-2-021:0074 AND 046)
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
K: 2-2-021:007 formall 2-2-021007 & 046 Date: May 16, 2007
EXHIBIT °'A°' (Brian & Ramona sakamoto:t231)