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HomeMy WebLinkAboutCOM 0218.000 2008-2010 OJ~tV O! M,~ti 11r;t William T. Takaba William P. Kenoi Palo' Wally Lau ~ Of Nr County of Hawaii 891 Ululani Sircel Hil, lia%cai'i 96720-3982 • (808) 961-8211 • Vas(908) 961-6513 KONA'. 7~- 706 Kuakini I-Ii011QV Suite 103 • Kailua-Kona, Hawaii 96740 (808)329- 226 Fax(808)326-5663 March 23, 2009 Y., 0 i) GO O =3 Honorable J Yoshimoto, Chairman N and Members of the County Council s County of Hawaii 333 Kilauea Avenue T;-' -r Hilo, HI 96720 T w Dear Chairman Yoshimoto and Members: v Change of Zone (REZ 942) Applicant: GHC Family Limited Partnership Request: Amendment to Condition B of Change of Zone Ordinance No. 00 31 Tax Map Key 2-2-34.85 and 93 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 letter and enclosures regarding the above-referenced request. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department 5 e~ Comm. No. oZ_~~ Ref. To: Ref. Date ;7 2 5- 1 ,YI f tl'j i ~Tf OI'Nr~ County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 Fax(808)961-8742 March 23, 2009 c cu The Honorable J Yoshimoto, Chairman s and Members of the County Council -r County of Hawai `i 333 Kilauea Avenue, 2nd Floor i c~ Hilo, HI 96720 " s Dear Chairman Yoshimoto and Council Members: Change of Zone (REZ 942) Applicant: GHC Family Limited Partnership Request: Amendment to Condition B of Change of Zone Ordinance No. 00 31 Tax Map Key: 2-2-34:85 and 93 The Planning Commission, after a duly held public hearing on March 6, 2009, voted to recommend for your approval the proposed legislative bill for an amendment to Condition B (construction time requirement) of Change of Zone Ordinance No. 00 31, which rezoned 67,500 square feet of land from a Single Family Residential - 10, 000 square feet (RS-10) to a Neighborhood Commercial - 20,000 square feet (CN-20) district. The property is located between Manono Street and Hinano Street and across from Big Island Candies, Waiakea Houselots, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting an amendment for a 5-year time extension to comply with Condition B (construction time requirement) and Condition D (roadway improvements) of Change of Zone Ordinance No. 00 31, which rezoned 67,500 square feet of land from a Single-Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial 20,000 square feet (CN-20) district. Condition B states: "Construction of the proposed development and related improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Consolidation Approval and Final Plan Hawaii County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 Approval from the Planning Director for the commercial development. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include landscaping along property boundaries for the purpose of mitigating any potential adverse noise and visual impacts to surrounding properties. Plans shall also indicate a 5-foot future road widening setback along the properties' Manono Street frontage." Condition D reads as follows: "The applicants shall construct the following roadway improvements along the subject property's Manono Street frontage, meeting with the approval of the Department of Public Works: 1. A half-section of roadway improvements on the east side of Manono Street consisting of a 21-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements within the future road widening setback area established as one-half the distance between the existing right-of-way and 60 feet. 2. A half-section of roadway improvements on the west side of Hinano Street consisting of a 16-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements in the area established as one-half the distance between the existing right-of-way and 50[-]feet. 3. If required, installation of street lights, signs, and traffic markings meeting with the approval of the Department of Public Works, Traffic Division. All roadway improvements to Manono Street and Hinano Street shall be completed within five (5) years from the effective date of the change of zone ordinance or in conjunction with the County's road widening improvements, which ever occurs first." To date, the applicant has expended considerable funds for plans and extensive onsite preparation work. The properties have been graded and large trees, trash and miscellaneous debris have been removed. Additionally, the applicant is preparing a consolidation application to consolidate TMK Nos. 2-2-34: 84, 85 & 93. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result or their fault or negligence. As a result of the poor economy, the applicant has been exploring the possibility of leasing the land to one main tenant who will carry out the The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 initial vision to develop a multi-use commercial building. During contract negotiations, a sticking point has been the April 13, 2010, deadline. All interested parties are unwilling to take on the project unless they are assured that another time extension is granted. This will allow for the interested parties to receive necessary time to submit plan approvals, obtain applicable building permits and start work without having-an unrealistic deadline to meet. Additionally, even if the applicant does not secure a leaseholder, they will need more time to start and complete construction of the proposed 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, the proposed request will not unreasonably burden public agencies to provide for infrastructure and utilities to the project site. For your favorable consideration, an amendment to Change of Zone Ordinance No. 00 31 is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Rodney Watanabe, Chairman Planning Commission LghcfamilyQPC Enclosures cc: Ms. Georgina Hara Chun Department of Public Works Department of Water Supply DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel Q BGHCFami1y-Am=dREZ942 jwd 02-I1-09 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT GHC FAMILY LIMITED PARTNERSHIP AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 00-31 (REZ 942) GHC FAMILY LIMITED PARTNERSHIP (formerly George K. and Adele T. Hara) has submitted an amendment to Condition B (construction time requirement) and Condition D (roadway improvements) of Change of Zone Ordinance No. 00 31, which rezoned 67,500 square feet of land from a Single-Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial 20,000 square feet (CN-20) district. The property is located between Manono Street and Hinano Street and across from Big Island Candies, Waiakea Houselots, Waiakea, South Hilo, Hawaii, TMK: 2-2-34:85 and 93. PROPOSED DEVELOPMENT 1. Request: The applicant is requesting an amendment for a 5-year time extension to comply with Condition B (construction time requirement) and Condition D (roadway improvements) of Change of Zone Ordinance No. 00 31, which rezoned 67,500 square feet of land from a Single-Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial 20,000 square feet (CN-20) district. Condition B states: "Construction of the proposed development and related improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Consolidation Approval and Final Plan Approval from the Planning Director for the commercial development. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include landscaping along property boundaries for the purpose of mitigating any potential adverse noise and visual impacts to surrounding properties. Plans shall also indicate a 5-foot future road widening setback along the properties' Manono Street frontage." Condition D reads as follows: ATTACH: Carm. 218 Bill 56 e "The applicants shall construct the following roadway improvements along the subject property's Manono Street frontage, meeting with the approval of the Department of Public Works: 1. A half-section of roadway improvements on the east side of Manano Street consisting of a 21-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements within the future road widening setback area established as one-half the distance between the existing right-of-way and 60 feet. 2. A half-section of roadway improvements on the west side of Hinano Street consisting of a 16-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements in the area established as one-half the distance between the existing right-of-way and 50[-]feet. 3. If required, installation of street lights, signs, and traffic markings meeting with the approval of the Department of Public Works, Traffic Division. All roadway improvements to Manano Street and Hinano Street shall be completed within five (5) years from the effective date of the change of zone ordinance or in conjunction with the County's road widening improvements, which ever occurs first." (Planning Department Exhibit 1- Amendment Request) 2. Reasons for Request: As a result of the poor economy, the applicant has been exploring the possibility of leasing the land to one main tenant who will carry out the initial vision to develop a multi-use commercial building. According to the applicant, during contract negotiations, a sticking point has been the April 13, 2010 deadline. All interested parties are unwilling to take on the project unless they are assured that another time extension is granted. This will allow for the interested parties to receive the necessary time to submit plan approvals, obtain applicable building permits and start work without having an unrealistic deadline to meet. BACKGROUND INFORMATION 3. Ordinance No. 00-31: Initially, Change of Zone Ordinance No. 00-31 was approved on April 13, 2000 for George K. and Adele T. Hara to rezone parcels 85 and 93 from RS-10 -2- to CN 20. They were proposing consolidate parcels 85 and 93 and construct an office building on the subject property to relocate their accounting and clerical staff in order to create additional space at their wholesale grocery business on Makaala Street in Hilo. It included a 2,000-square foot one-story structure with 15 parking stalls. 4. Ordinance No. 08-6: Change of Zone Ordinance No. 08-06 was approved on January 23, 2008 to GHC Investments, LLLP (principal owners being George Kazuo & Adela Hara and Georgina A.H. Chun) to rezone parcel 84 from RS-10 to CN 20, which adjoins parcels 85 and 93. At this time, the applicant submitted new plans for a commercial complex mainly because of unfavorable market conditions at the time and they were unsure if they are going to continue with plans to relocate their accounting and clerical staff to the new facility. The overall development had been amended to include the following: • 2-Phase Development- Phase 1 would consist of a two-story commercial building with approximately 20,000 square feet of available lease area. It would include small-scale retail uses on the lower level and office space on the upper level. Phase 2 will consist of a similar commercial building with similar uses but the size and scale of the second building will be dependent on overall demand at the time of construction. • On-site parking. • Driveway accesses from Manono Street and Hinano Street. STATE AND COUNTY PLANS 5. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Medium Density Urban. 6. State Land Use District: Urban. 7. County Zoning: Neighborhood Commercial 20,000 square feet (CN-20). 8. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by the Planning Commission, Resolution No. 1, on May 21, 1975. The Plan reflects the Waiakea Houselots area for residential uses (RM-4). 9. Special Management Area (SMA): The property is not within the SMA boundary. It is located more than one-half mile from the nearest coastline. -3- DESCRIPTION OF PROPERTIES AND SURROUNDING AREA 10. Subject Properties: The project site consists of two (2) properties that are 67,500 square feet in size. The properties are rectangular-shaped consisting of 67,500 square feet with street frontage along Manono Street and Hinano Street. The properties are vacant of uses and structures. 11. Surrounding Land Uses/Zoning: Surrounding properties are zoned RS-10 and CN-20. Uses consist of vacant lots, existing single family dwellings and several businesses. The nearest dwelling is on the adjacent property to the south, which is also the location of the Atebara Potato Chip Factory. On the adjacent property to the north and east are two properties zoned CN-20, which are owned by the applicant. Further north are single- family dwellings and the cormnercial area on the corner of Manono Street and Piilani Street, which includes Manono Mini Mart and Freddy's Restaurant. Further east across Hinano Street is Big Island Candies on property zoned CG-20. To the west across Marano Street are two properties that were recently rezoned to CN-20. The applicants were Kathy Tripp and the Hirayama Brothers. 12. USDA Soil Survey Report: Keaukaha Series (rKFD) extremely rocky muck, 6 to 20 percent slopes. 13. Land Study Bureau's Detailed Land Classification System: Existing urban development. 14. Agricultural Lands of Importance to the State of Hawaii (ALISH) Map: Existing urban development. 15. Flood Insurance Rate Map (FIRM): The property is classified as Zone X, areas determined to be outside the 500-year flood plain. The property is also located outside of the tsunami inundation area. 16. Flora/Fauna Resources: No flora or fauna study was submitted with the application. The property has been recently graded. The site was used for residential purposes in the past. 17. Arehaeological/Historical/Cultural Resources: No archaeological survey was submitted with the application. There are no known historic sites on the property as listed on the State or National Register of Historic Places. The Department of Land and -4- Natural Resources-State Historic Preservation Division issued a "no-effect" letter dated January 12, 2009 stating that they believe that no historic properties will be affected by this project because residential development/urbanization and previous grading/grubbing has altered the land.. PUBLIC FACILITIES AND SERVICES 25. Access: Existing accesses to the properties are from Manono Street, which has 20 to 22- foot wide pavement within a 50-foot wide right-of-way and Hinano Street, which has a 20 to 22 foot wide pavement within a 40-foot wide right-of-way. The applicant is required construct roadway improvements along Mariano Street and Hinano Street. 26. Water System: County water is available to the property. 27. Wastewater System: The property is connected to the County's sewer system. 28. Solid Waste: Solid waste will be handled by commercial haulers. 29. Police, Fire and Emergency Services: The property will be served by the Hilo Central Fire Station located on Kinoole Street or the 24-hour substation at Waiakea and supported by the additional substation at Kawailani. The Police Headquarters is located on Kapiolam Street, approximately two miles from the property. The Hilo Medical Center is located approximately 3 miles from the property. 30. Other Essential Utilities: Telephone, electrical and cable services are available to the subject property. AGENCIES - NO COMMENTS 31. Department of Public Works, Police Department, Department of Land and Natural Resources - Land Division and Department of Health. AGENCIES - NO RESPONSE 32. Department of Water Supply, Department of Environmental Management, Civil Defense Agency, Fire Department, OHCD and Department of Land and Natural Resources-State Historic Preservation Division PUBLIC COMMENTS 33. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -5- .F Georgina Haro Chun AKA Gina Hara Chun RA Chris Brilhante LLC T 57 A Hoaka Road, Hilo, Hawaii 96720 RE ^:'yllilW~p Tp Jan 14, 2009 p~M Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Subject: 5- year Time extension to Condition B of Change of Zone Ordinance No. 00-31 (REZ 942)- GHC Family Limited Partnership Waiakea House lots, Hilo, Hawai'i, TMK: 2-2-34-85 & 93; Transmitted herewith for your review and processing is a request for an extension of time to condition B of Change of Zone Ordinance No. 00-31 (REZ 942) for TMK: 2-2-34-85 and 93 which comprise approximately 67,500 square feet of land. Together TMK: 2-2-34-85 & 93 form a flag shaped property that fronts both Manono and Hinano Street approximately 260 feet north of their intersection with Kekuanaoa Street. TMK: 2-2-34-84 is an adjoining property fronting Manono Street (south) and was rezoned from RS-10 to CN20 in 2008. Seen together, these three properties form a rectangular shaped lot. Atebara Potato chip Factory is located to the south of subject properties also fronting Manono Street. This is currently the main head quarters for their retail and manufacturing business. The Hirayama and Tripp CN-20 properties are generally across the street to the west of subject properties. Big Island Candies is to the back (east side) on Hinano Street and is zoned CG 20. 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. TMK: 2-2-34-85 originally received rezoning approval in 2000 with a completion date of April 13, 2005. However, due to the poor economy during this time period(9/11, Dot Com Meltdown), the project was delayed and an administrative time extension was requested. The request was approved and a five year extension was granted with a new completion date of April 13, 2010. TMK: 2-2-34-84 was subsequently purchased to complete the subject properties current configuration. During the original rezoning in 2000, a conceptual plan and design to best utilize the property Planning Dept. Exhibit-L- (2-2-34-85 & 93) was developed. Extensive research and land clearing work was performed on the property. Structures were torn down and cleared of the property. Large trees, trash and miscellaneous debris were collected and removed to the county landfill. An environmental or phase one assessment was completed. With the acquisition of TMK: 2-2-34-84, a second conceptual plan and design was developed to better utilize the combined configuration of the properties. However, we discovered immediately that in order for the properties to be utilized to their fullest, rezoning TMK:3-2-2-34-84 to commercial would be the best strategy. This would eliminate the differing setback issues that would occur between a residential and commercial property. We started the rezoning request in 2007 and the process took over a year. We were able to receive county council approval to rezone TMK:2-2-34-84 on January 31 2008 . However, by this time the Sub-prime lending situation, skyrocketing construction cost, volatile oil prices and inflation began to send a rippling effect through out the economy. With consumer confidence waning, it was in our best interest to rethink our plans. We decided on exploring other possibilities, one of which is to lease the land to one main tenant who has the means to carry out our initial vision to develop a multi use commercial building. However, time is running out on our time extension. During contract negotiations,. a sticking point has been the April 13, 2010 deadline. All interested parties are unwilling to take on this project unless they are assured that another time extension is granted. This will allow for the interested parties to receive the necessary time to submit plan approvals, obtain applicable building permits and start the work without having an unrealistic deadline to meet. Either way you look at it, if we were to build it ourselves or find a leaseholder, we need more time. As a result, we are requesting a 5 year extension to condition B. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. As notated in our original rezone, the overall project and property fits within the overall general plan and is not contrary to current county zoning codes. As stated in the General Plan, 14.3.5.2.2 Course of Action, "within the Waiakea house lots `medium density' area, commercial development shall be focused on the major streets -both the water and sewer service that is currently available. Kekuanaoa, Piilani, Manono, and Lanikaula, while the interior blocks should be zoned. primarily for single-and multi-family residential use". Evidence of this can be seen in the numerous recent rezones in the general area which supports this course. (Please see attached exhibit highlighting recent conversions as well as a copy of the General Plan of current zoning designation.) Infrastructure in the area also supports this move to medium density urban. Main sewer and water lines run along Manono Street in front of subject properties. These lines are much larger with greater capacity than any other lines in the general area. 3. Granting of the time extension would not be contrary to the original reasons for the Granting of the change of zone. The granting of the time extension would not be contrary to our original reasons for the change of zones. Our intentions continue to be the development of a "medium density" commercial property on the subject properties. The transmittal includes the a) original and original and twenty (20) sets of the application form with a $250 filling fee. I have also included a copy of my letter to the State Department of Land and Natural Resources- Historic Preservation Division, requesting a determination of "no historic properties affected" letter. We trust that everything is in order for your acceptance and processing of this application. If you have any questions relating to this matter, please feel free to contact me at 936-3297. Mahalo Nui Loa, Georgina A. H. Chun AKA Gina Hara Chun (RA) Chris Brilhante LLC GHC Family limited Partnership Representative Enclosure: Copy- GHC Family Limited Partnership ~t ,.gny 71 14k"'=z r'zy ~J~~`~'z" Yfi .rx, y. 77=1.,'(w,4-s '¢2-~' "th {..x ~.i~7 ~,A1 ,?~i, ~~a,;.,v` f~cr ~ r -:„g y.i'i~iz't's`~''Fr' x'z~~c~i'' ~~A•,'~s ru tax ~'`x "t's•,_}ro+~,t~,c~ ~r r'~-"s`~R°'~rt"nrl~ ~ zn'~L'~{fi~{a ~~i.;`sS11",~,gn r v=.x'-z+ i fat'" q£~ € ~ ~ r St ~ 'd'p~+~f-~i„ 4s°'C'§f~y s'~`~ g''2~' ~~z-s"~"": h4`~ c u,{. a c aY3:,, g y § Stu a .#}}-`~i T" `av'~ r-fa v'~ .?i' ! C Sb" jf~zflz ~ Ye„ 1.~~ mks 3. y~k'+k C ~ +~.C"' d?^' "..~'"sn Georgina Haro Chun AKA Gina Hara Chun RA Chris Brilhante LLC 57 A Hoako Road, Hilo, Hawaii 96720 Telephone :(808) 936-3297 / Fox (808) 935-1313 hilochun@hawaiiantel.net Feb 10, 2009 Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Subject: 5- year Time extension to condition D of Change of Zone Ordinance No.00-31 (REZ) - GHC Family Limited Partnership Waiakea House lots. Hilo. Hawaii. TMK: 2-2-34-85 & 93: Jan 14, 2009 we submitted a request for a 5 year extension to condition B of Change of Zone Ordinance No. 00-31 (REZ 942) for TMK: 2-2-34-85 and 93 which comprise approximately 67,500 square feet of land. Together TMK: 2-2-34-85 & 93 form a flag shaped property that fronts both Manono and Hinano Street approximately 260 feet north of their intersection with Kekuanaoa Street. TMK: 2-2-34-84 is an adjoining property fronting Manono Street (south) and was rezoned from RS-10 to CN20 in 2008. Seen together, these three properties form a rectangular shaped lot. Atebara Potato chip Factory is located to the south of subject properties also fronting Manono Street. This is currently the main head quarters for their retail and manufacturing business. The Hirayama and Tripp CN-20 properties are generally across the street to the west of subject properties. Big Island Candies is to the back (east side) on Hinano Street and is zoned CG 20 Upon careful recent review, we found that we forgot to ask for 5- year time extension for time extension of condition D as well. As a result, we Uould like to ask for a time extension to be extended on the roadway for 5 years from date of approval. A portion of condition D reads as follows: "All roadway improvements to Manono Street and Hinano Street shall be completed within five years from the ef- fective date of the change of zone of ordinance or in conjunction with the County's road widening improvements, whichever occurs first", H t re are an questions relating to this matter, please feel free to call me at 936-3297. Thank you very much. Sincerely, Georgina A. H. Chun AKA Gina Hara Chun (RA) Chris Brilhante Realty GHC representative FIGURES. 1. Copy of ordinance 00-31 (REZ 942) 2. Picture of property 3. County of Hawaii Waiakea House lots designation. 4. Map of existing & recent conversions of area from RS (Residential) to CN (Commercial Neighborhood) & CG (General Commercial) conversions. 5. Detail Map of area. 6. Hawaii County water map showing 8" & 6" water lateral on Manono & Hinano Street. 7. Waste water line map showing a 36" sewer main fronting Manono and an 8" sewer lateral on Hinano Street with sewer subbed out for connections on both sides. 8. Manono Marketplace Conceptual Plan 9. Copy of no historic letter COUNTY OF HAWtA_ury^:;:,:$TATE OF HAWAII BILL NO. 205 (Draft 2) ORDINANCE NO. 00 31 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 NEIGHBORHOOD COMMERCIAL (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-34:85 AND 93. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial (CN-20): Beginning at a galvanized iron spike and ahu at the Northwest corner of this lot and the Southwest comer of Lot 5, on the East side of Manono Avenue, the coordinates of said point of beginning referred to Government Survey Trig. Station "Halai" being 1263.0 feet South and 9141.0 feet East, as shown on Government Survey Registered Map No. 2566, and running by true azimuths: 1. 270° 00' 450.0 feet along Lot 5 and Lot 6 to a galvanized iron spike and ahu; 2. 360° 00' 200.0 feet along the West side of Hinano Avenue to a galvanized iron spike and ahu; 3. 90° 00' 225.0 feet along Lot 12 to a galvanized iron spike and ahu; 4. 180° 00' 100.0 feet along Lot 9 to a galvanized iron spike and ahu; 5. 900 00' 225.0 feet along Lot 9 to a galvanized iron spike and ahu; 6. 180° 00' 100.0 feet along the East side of Manono Avenue to the point of beginning and containing an area of 67,500 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 applicants, their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development and related improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Consolidation Approval and Final Plan Approval from the Planning Director for the commercial development. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include landscaping along property boundaries for the purpose of mitigating any potential adverse noise and visual impacts to surrounding properties. Plans shall also indicate a 5-foot future road widening setback along the properties' Manono Street frontage. C. Driveway accesses from Manono Street and Hinano Street shall meet with the approval of the Department of Public Works. D. The applicants shall construct the following roadway improvements along the subject property's Manono Street frontage, meeting with the approval of the Department of Public Works: 1. A half-section of roadway improvements on the east side of Manono -2- Street consisting of a 21-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements within the future road widening setback area established as one-half the distance between the existing right-of-way and 60 feet. 2. A half-section of roadway improvements on the west side of Hinano Street consisting of a 16-foot wide A.C. pavement with concrete curb, gutter and sidewalk and drainage improvements in the area established as one-half the distance between the existing right-of-way and 50-feet. 3. If required, installation of street lights, signs, and traffic markings meeting with the approval of the Department of Public Works, Traffic Division. All roadway improvements to Manono Street and Hinano Street shall be completed within five (5) years from the effective date of the change of zone ordinance or in conjunction with the County's road widening improvements, whichever occurs first. E. The 5-foot future road widening section fronting the subject property along Manono Street and roadway improvements on Hinano Street shall be subdivided and dedicated to the County of Hawaii. 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 to the Planning Director. -3- G. Sewer line connections shall meet with the requirements of the Department of Public Works. H. Upon compliance with applicable conditions of approval, prior to the establishment of any new use or the opening of the proposed development, the applicants shall submit a final status report, in writing, to the Planning Director. 1. Comply with all other applicable riles, regulations and requirements of the affected agencies for the development of the subject property. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. K. 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. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. -4- 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. L. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COt CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: March 22, 2000 Date of I st Reading: March 22. 2000 Date of 2nd Reading: April 5, 2000 Effective Date: April 13, 2000 A7 ED AS TOM AND LEGALITY CORPORATION CUNSEL DATED: ~Z DO -5- CG-7.5 CG-Y.5 CG-7.5 ML-20 C4-Y,5 CG-7. CG -7.5 M -2 s - R 5.10 R 5- 10 R5 - 10 p s 10 k5 - 10 ~ - O a z w GN-Y.5 w W ~ W w ML • 20 w ~ 1n w rr ;r ,x Z R_ RS-10 M -10 U~i ML - i 20 Q R5•!O RS-10 10 R5-10 3 HUALANI FUTURE 50 R U RS-10 STREET z 1 263.0 S w R • 1 3 9,141.0 E a HALM" A w $ - RS-10 4 RS-10 ML -10 a 5 95 - 10 C4-20 V5-10 L X5-10 R5 - 1 O 0 CG-20 1!5 - 10 k5 - 10 RS - 10 _ R - 10 ML - 2 KEKUANAOA - - -FUTUR-50 R W LINE STREET R5-IO 95-I k -10 SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-20) R5 to AREA: 67,500 SQ.FT. a S o a La O R5 - 10 z RS - 10 R5,10 Z g k5 - 10 Y LEILANI STREET AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING . CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 2-2-34.85 & 93 JANUARY 13, 2000 EXHIBIT "A" TOia'9• " ^°=1 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii (DRAFT 2).'::' ROLL CALL VOTE 1. ; AY N KS ABS EX Introduced By: Bobby Jean Leithead-Todd Arakaki X Date Introduced: March 22, 2000 Chung X First Reading: March 22, 2000 Elarionoff ~ X Published: N/A Jacobson X Leithead-Todd X - REMARKS. Pisicchio X Smith X Tyler X Yagong x 9 0 0 0 Second Reading: April 5, 2000 DRAFT 2 ROLL CALL VOTE To Mayor: April 12, 2000 AYES NOES ABS EX Returned: April 13, 2000 Arakaki X Effective: April 13 2000 Chung X Published: April 24, 2000 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Smith X Tyler X Yagong x a 0 1 0 / DO HEREBY CERTIFY that the foregoing BILL was adopted by the Count), Council published as indicated above. APPROVED AS TO RO AND LEG LITY: it.(,Q~,..,~C~/off-t2~-~,-~.c-,.~- - DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII )COUNCIL CHAIRMAN Date 1-lzhO C N CLERK Approvvcctd/~&kerpp"H Ithis- 13 dqv of ,200-0 ~J Bill No.: 205 (Draft 2) ~4YOR, COU.~HAW411 Reference: C-657/PC-89 Ord. No.: y® 31 I I i_ . 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Rs F . y s rl ~ t L' t All" , O O 14, Ff kk Ems. l E i E END k s. 0 ~ ; C<orgsaruG+.si E 11igh Ga ss - Jn:jan §ld t 1o.EE4,.[t€ snclustnal iViedqun Density Urban Density Urban ~ @k~Mq open Area oposed High Density Urben Proposed' Medium, Density Urban Medium De'nsity Urban to High Density'Urban ~ 9 7~ i w Ys " 32i; ;r s R S h*' ~FVYt. - v "~n .S1 ~ 3 xa L e~^'~ yv 3 0 _ ,2 r x t 313+}iaula i s ~ ~ F 0.26 QA 26, C, 0.~ (ri:.ie: t Figure 0 v- T5 F Hse/afa /srt C.emy/or W W W \1L W ° W H p (n to O e - - - - - - - - - - - - - - - - ° FUTURE 120' R/Pf UNE w - MILANI STREET H W ea -T.5 Honganfl Apartment ¢ w .1- f- N N 623.00 S 18e Credit Union F 9,1 41 .00 E Ca - 7.5 - Restaurant HALAI- D xl. 20 . [5-t0. w[5-10 Ii. RS-10 RS 10 - Church tHTic~.S ks:>to U -20 t3 -1.5 R5-10 :[S-!O ML <r0 W. Z " t5-10 RS-10 [3.-10 # RS-l0 95-10, HUALANI - z STREET:.. F'- FUTURE 5X R- UNE RS to CN B ee w -[3 - 10. [3 - 10 a - m 3 R5 - 10 `o - - .RS-i0 W [5- 10 M pit ro 1 ClV-20 Ca_ ' ZO Tog GN-~t7 _ Irayant ' CN-20 XHd CG-20 CN 20 Si e 8naiea. L t o is 10 CG-20 CG 20 a0 O Wk a Chi factory O a y Its-.1, Z, o 'e rt P,{p `^~0 Ga 20 - OY Its, 10 IS Z Z T.f` R5 10 E R5-10 j K KUANAOA Candies STREET Vk l-, FUTURE 60' R UNE O RS CIO L3 -t0 tN-lo t5-IO 2 ' RO-5.75 t5-to 95-10 RS-10 Currently under CN-10 rezoning request Recent Conversions: - Proposed retail From RS to CN Converted in 2006 from RS-10 to CN-20 Cathy Tripp. April 07 EXISTING ZO G OF AREA opened gift shop. Bl Island Candies Hirayama Brothers g rezoned their lot from In 2006 converted existing RS RS-IO W CN-2O and are iO to High density worldng towards building their Extend existing Commercial CG-20 zoning commercial building RS-10 from Mutton to Kehuanaoa CN-20 to CN-20. Atebara Potato Chip $treet. TMK 2-2-034-085-& 93 Factory and retail outlet GENERAL COdiNIERCIAL on adjoining South (67,500 square feet) (Puna) boarder W w N' ~ nN `N N N N }a N N O O i ^p a~ O O . O Cn A Y' .'W N - - p 1 22 t ~ `X ~ i i N ~ ~'!i 1Qa IVIII _ CO , ~ ~ s bF f00 , 100 a T s t ~ W W W W A e gig' g ' m ~ p I m s W lJI we'Zo y GNZ~ I N O y, Thk Tull i o W V o. I N t Ov 210 I 2- 2-d3y~ 5 I 0 r sa~~wF i _,N 1 N : I I N N ' O J O %all O '.N A W . i ~ W O Cn O f e C N 8j O ~ ~ Ntr~a~ohi fY7GtNQYIO 9~ 71C~/A/ l~ 1U U.~c/ac N N/%{qi N N (O~ O O O A A A A O O O O O V V V V O N ii I I - eI I n I I 4 ' ~ ~ I F I Ili ~ ' I JI ~ ~ I I § e e I 3 ~ ~ 1 x I i I I I I JI ` ~ p I e 1 " - F I (VOI -Bed Wd 9Z I, 600zllt 1Uau i x l l I 6 b k h'. Ip', x y Y b s + 5A eI I I I e e ~s e ( I =i ~ i l e E ~ s 4 Y I i ~ I„I,I I I I I III w ei n s3 ;I I ~b1~ bti_ XINANE-t 1. a ~ ,le!, E. ~ ` I MMM MARKETPLACE ii- A CONCEPNAL PLAN s .name _ LAURA H.THIELEN PERSON LINDA LINGLE ~"t F/' O .~.,9 MIR j, BD DOF LAND ANDNAT RESOURCE GOVERNOROFHAWAII tP! 1959 ..1 COMMISSION ON WATER REBDVRCE MANAGEMENT N S'. RUSIET T$WI 10.Si DEF r 0EPVTT u land any Harry + g, P r e EEn IuwnHARA 6- - d/q t Y DE N .ICA O0. WATER ADOATC0.ESOVRCU BOATINGANDOCEANRECREATION BGREAVOFCONVETANCES COMMISSION ON WATER RESOURCE MANAGEMEW CONSERVATION AND COASTAL LWDR WN STATE OF HAWAII SERVATION ENANONFSWRCES ENFORCEMENT GMEE0.WI FO AN STOXIC OWILDLIFE Rareor HaNa\ DEPARTMENT OF LAND AND NATURAL RESOURCES KAHOOLA EII°suNOU Ee MMMISSaN .0 STATE HISTORIC PRESERVATION DIVISION sr ATE P.Rs 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 January 12, 2009 Georgina Hara Chun LOG NO: 2009.0022 Chris Brilhante LLC DOC NO: 0901MDI5 Sent Via Email to: hilochun@hawaiiantel.net Archaeology \I f Dear Ms. Chun: SUBJECT: Chapter 6E-42 Historic Preservation Review - Request for "No Effect" Determination Waiakea Ahupua`a, South Hilo District, Island of Hawaii TMK: (3) 2-2-034:085 & 093 Thank you for the opportunity to comment on the aforementioned project, which we received on January 7, 2008. This request is regarding a request to the Hawaii County Planning Department for an extension of Condition B of the Change of Zone Ordinance No. 0031 (REZ 932). These parcels were cleared of all structures less than 10 years ago. We determine that no historic properties will be affected by this project because: ? Intensive cultivation has altered the land ® Residential development/urbanization has altered the land ® Previous grubbing/grading has altered the land ? An accepted archaeological inventory survey (AIS) found no historic properties ? SHPD previously reviewed this project and mitigation has been completed ? Other: In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and lava blisters/bubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933- 7653. If you have questions about this letter please contact Morgan Davis at (808) 933-7650. Aloha, J~~,a ~?alaz- Nancy McMahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager State Historic Preservation Division RGHCFamily-Amend REZ942-jwd 02-11-09 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION GHC FAMILY LIMITED PARTNERSHIP AMENDMENT TO CONDITION B OF CHANGE OF ZONE ORDINANCE NO. 00-31 Upon careful review of the request against the guidelines for granting an amendment, the Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawaii County Council for the amendment request for a 5-year time extension to Condition B and Condition D of Change of Zone Ordinance No. 00-31. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This approval recommendation is based on the following findings: The applicant is requesting an amendment for a 5-year time extension to comply with Condition B (construction time requirement) and Condition D (roadway improvements) of Change of Zone Ordinance No. 00 31, which rezoned 67,500 square feet of land from a Single-Family Residential - 10,000 square feet (RS-10) to a Neighborhood Commercial 20,000 square feet (CN-20) district. Condition B states: "Construction of the proposed development and related improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Consolidation Approval and Final Plan Approval from the Planning Director for the commercial development. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include landscaping along property boundaries for the purpose of mitigating any potential adverse noise and visual impacts to surrounding properties. Plans shall also indicate a 5-foot future road widening setback along the properties' Manono Street frontage." -1- Condition D reads as follows: "The applicants shall construct the following roadway improvements along the subject property's Marino Street frontage, meeting with the approval of the Department of Public Works: 1. A half-section of roadway improvements on the east side of Mariano Street consisting of a 21-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements within the future road widening setback area established as one-half the distance between the existing right-of-way and 60 feet. 2. A half-section of roadway improvements on the west side of Hinano Street consisting of a 16-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements in the area established as one-half the distance between the existing right-of-way and 50[-]feet. 3. If required, installation of street lights, signs, and traffic markings meeting with the approval of the Department of Public Works, Traffic Division. All roadway improvements to Mariano Street and Hinano Street shall be completed within five (5) years from the effective date of the change of zone ordinance or in conjunction with the County's road widening improvements, which ever occurs first." To date, the applicant has expended considerable funds for plans and extensive onsite preparation work. The properties have been graded and large trees, trash and miscellaneous debris have been removed. Additionally, the applicant is preparing a consolidation application to consolidate TMKs: 2-2-34: 84, 85 & 93. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result or their fault or negligence. As a result of the poor economy, the applicant has been exploring the possibility of leasing the land to one main tenant who will cant' out the initial vision to develop a multi-use commercial building. During contract negotiations, a sticking point has been the April 13, 2010 deadline. All interested parties are unwilling to take on the project unless they are assured that another -2- time extension is granted. This will allow for the interested parties to receive necessary time to submit plan approvals, obtain applicable building pen-nits and start work without having an unrealistic deadline to meet. Additionally, even if the applicant does not secure a leaseholder, they will need more time to start and complete construction of the proposed 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, the proposed request will not unreasonably burden public agencies to provide for infrastructure and utilities to the project site. Based on the above findings, it is recommended that a favorable recommendation to amend Change of Zone Ordinance 00-31 forwarded to the County Council. The accompanying draft bill reflecting an amendment to conditions of Ordinance No. 00- 31 provided for your favorable consideration. (Material to be deleted is bracketed and strike through and material to be added is underscored). -3- 40J. • ar N1 .l'. •••!Y14 COUNTY OF HAWAII STATE OF HAWAII fit( Of •M BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 00-31 WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-034:084 (FORMERLY TAX MAP KEY: 2-2-034:085 AND 093). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL• SECTION 1. Ordinance No. 00 31 is amended as follows: "SECTION 1. Section 25-8-33, Article 8 Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at [Waiakea] Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial - 20,000 square feet (CN-20): SECTION 2. [ This change a t.. t elassifieatien is nditi ed Upon t, f „ sS] In accordance with Sectlbn 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 Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or Fulfillment of the need for public service demands created b the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed improvements and related improvements shall be completed within five (5) years from the effective date of this [ordinance] amendment. This time period shall include securing Final Consolidation Approval and Final Plan Approval from the Planning Director for the commercial development. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include landscaping along property boundaries for the purpose of mitigating any potential adverse noise or visual impacts to surrounding properties. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) standards for CN zones adjoining a RS zone. Plans shall also indicate a 5-foot future road widening setback along the properties' Manono Street frontage. C. Driveway accesses from Manono Street and [Hixaxe] Hinano Street shall meet with the approval of the Department of Public Works. D. The applicants shall construct the following roadway improvements along the subject property's Manono Street frontage, meeting with the approval of the Department of Public Works: 1. A half-section of roadway improvements on the east side of Manono Street consisting of a 21-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements within the future road widening setback area established as one-half the distance between the existing right-of-way and 60 feet. -2- 2. A half-section of roadway improvements on the west side of [Hire] Hurano Street consisting of a 16-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements in the area established as one-half the distance between the existing right-of-way and 50[-]feet. 3. If required, installation of street lights, signs, and traffic markings meeting with the approval of the Department of Public Works, Traffic Division. All roadway improvements to Manono Street and [Ninaae] HYnano Street shall be completed within five (5) years from the effective date of [tire ehan of zone ordin iie ]this amendment or in conjunction with the County's road widening improvements, which ever occurs first. E. The 5-foot wide future road widening section fronting the subject property along Manono Street and roadway improvements on [fie] HInano Street shall be subdivided and dedicated to the County of Hawaii. [F. A Solid Waste Management Plm shall be subfaitied for review and approva4 to the Dep rtme.* of Publie ~xeiks i ~'Junetion..,44; t4.e ,4hmi#F1I of plans c.._ r Plan Approval to the Planning ] F. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. G. Sewer line connections shall meet with the requirements of the Department of [Public `xr4s]Environmental Management. -3- H. If the applicant, successors, or assigns develop residential units on the subject property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPA. The fair share contribution shall have a combined value of $7,383.36 per multiple family residential unit ($11,506.13) 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 colidition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,642.00 per multiple family residential unit ($5,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $115.11 per multiple family residential unit ($267.66 per single family residential unit) to the County to support police facilities; 3. $354.08 per multiple family residential unit ($528.66 per single family residential unit) to the County to support fire facilities; 4. $157.81 per multiple family residential unit ($231.45 per single family residential unit) to the County to support solid waste facilities; and 5. $3,114.36 per multiple family residential unit ($4,929.90 per single family residential unit) to the County to support road and traffic improvements hr lieu of paying the fair share contribution, the applicant may contribute -4- land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and reconunendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. I. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, if applicable, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating 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. [H-.]J. Upon compliance with applicable conditions of approval, prior to the establishment of any new use or the opening of the proposed development, the applicants shall submit a final status report, in writing, to the Planning Director. [1-.]K. Comply with all other applicable rules, regulations, and requirements of the affected agencies for the development of the subject property. d [-J-.]L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [D]INT. [ At initial extension of time or the mange of a.. within the ofdinanee may be grai+ted by the Planning Direeter upen the teireuffistanees: -5- and that re not the Fesult of thpir faidt 1' b S !`_..,,.,ting of the time extension . uld n mot be " `.t_°_'. to the General Plan S of 3. Granting of the time extension watild tiet be eerArafy to the eriginal for the gffifftiRg of the..hangeef-z. reasons 4. The time extension gr-+ed shall be far a peried fiet to exeeed the period originally granted for p„cexx /,7 ' . -Fofvaca.ccmanee c (i.e.,, a 8vaxvdit' xsxvxr to h vc - paaz FvrracQ wmhixxt 5. Tf th «t el_V ^la « quire additional extension of h Planning Dir eter sh..11 submit the a plie nt's request to the Plffffling Commission fla County Ge If the applicant should require an additional extension of time the applicant shall submit its request to the Planning Commission for appropriate action [-]N. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director 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 Ist Reading: Date of 2nd Reading: Effective Date: -7- ca •7.5 C4 1.!; CG-7.5 MI. 20 CG-7,5 CG-7. CG•7.5 M -2 R55 to k5-10 RS-10 RS-10 R -t0 . o . :N•>.5 w 2 . w w w ML. 20 W 7 > a ¢ 01 Z 5 k5 -'10 M -10 {-n AtL - ' k5. 10 W R$•10 3 ,R5-10 . k5-10 O HUALA I FURIRE 50 R LW STR ET - l0 263.0 S m ~ R - 1 -9,141.0 E $ HAWAI" A I k5-10 LL RS-10 MI. -10 k5 - 10 CG-20 - RS-10 RS - I O ry0 LG -20 PS•i0 R5 - 10 95-10 k5 10 . KEKUANAOA i11R 60 W STREET -10 RS - I It _10 , SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-20) Rs - to AREA: 67,500 SQ.FT. a x J •10 ? k5•IOj RS•10 g RS-.1O O = S < Z Y MG - 2 Y _ Nom..,.-.., -STREET AENDMENT TO THE ZONING CODE ING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING. OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT WAIAKEA, HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII -34-85 & 93 JANUARY 13, 2000 A FOR REFERENCE ONLY a;.