HomeMy WebLinkAboutCOM 0453.000 2008-2010
ASV Oi M~
William T. Takaba
William P. Kenoi Managing Director
Mayor
' -g--=`• Wally Lau
4~ii•o`~M'•NJ Deputy Managing Director
County of Hawaii
891 Ululani Street Hilo, Ilawai`t 96720-3982 • (808) 961-8211 Fax (808) 961-6553
`KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, I lawai't 96740
(808) 329-5226 Fax (808) 326-5663
July 20, 2009
c_
Honorable J Yoshimoto, Chairman 1 -
and Members of the County Council
County of Hawaii
333 Kilauea Avenue
Hilo, Hl 96720
c
Dear Chairman Yoshimoto and Members:
Change of Zone (REZ 962)
Applicant: Pa`a Aina Trust
Request: Two-Year Time Extension to Comply With Condition B
(Secure Final Plan Approval) of Change of Zone Ordinance No. 01-34
Tax Map Key 2-2-20'7
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
I lawat'i County is an Equal Opportunity Provider and Employer
~3f~1 wi, Comm. No.
Ref. To:
Ref. Date JUL 2 3 2009
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County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 • Fax (908) 961-8742
July 20, 2009
Iti_•
The Honorable J Yoshimoto, Chairman
and Members of the County Council
County of Hawaii I.
333 Kilauea Avenue, 2nd Floor
Hilo, HI 96720
Dear Chairman Yoshimoto and Council Members:
r.
Change of Zone (REZ 962)
Applicant: Pa`a Aina Trust
Request: Two-Year Time Extension to Comply With Condition B
(Secure Final Plan Approval) of Change of Zone Ordinance No. 01-34
Tax Map Key: 2-2-20:7
The Windward Planning Commission, after a duly held public hearing on July 1, 2009, voted to
recommend for your approval the proposed legislative bill for an amendment to Condition B
(time limit to secure Final Plan Approval) and related conditions of Ordinance No. 01 34, which
rezoned 19,721 square feet of land from a Single Family Residential - 10,000 square feet
(RS-10) to a General Commercial - 10,000 square feet (CG-10) district. The property is located
along the west (mauka) side of Kino`ole Street, approximately 240 feet south (Puna side) of the
Kino`ole Street- Wailoa Street intersection, Waiakea, South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant, Pa`a Aina Trust, is requesting an amendment to Change of Zone
Ordinance No. 01-34 for a 2-year time extension to comply with Condition B (secure
Final Plan Approval). Change of Zone Ordinance No. 01-34 rezoned 19,721 square feet
of land from a Single-Family Residential -10,000 square feet (RS-10) to a General
Commercial 10,000 square feet (CN-10) district. Condition B states:
"Final Plan Approval shall be secured from the Planning Department within two
(2) years from the effective date of this ordinance, in accordance with the Zoning
Hawai `i County is an Equal Opportunity Provider and Employer
4
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
Code Sections 25-2-72 and 25-5-117 and the Planning Department's Rule 17
(Landscaping Requirements) for the commercial development within the subject
property. Plans shall identify structures, fire protection measures, landscaping,
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."
The original owner and applicant, Mabel S. Kubota Trust, was granted a change
of zone from RS-10 to CG-10 on April 4, 2001, to allow the conversion of a single-family
dwelling into an office building. The original applicant's potential tenant made
alternative plans and the applicant was unable to find another potential tenant for the
office building. The applicant received an administrative time extension until April 4,
2005, to comply with Condition B (secure Final Plan Approval).
The property was sold in 2004 to Pa`a Aina Trust with the intention to move their
real estate business offices to the new site. At the time of purchase, the new owner
overlooked the requirement regarding compliance with Condition B.
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. At the time the property was sold in
2004, the new applicant, Pa`a Aina Trust, overlooked the requirement for Condition B to
secure Final Plan Approval by April 4, 2005. Once the new applicant was made aware of
the unmet requirement, it was very difficult to secure a planning consultant, contractor
and/or architect because they were extremely busy because of the robust economy. The
new owner decided to wait for the economy to slow down before proceeding with the
time extension request and the project.
Although non-performance of the condition could have been avoided at the time
the property was purchased, the applicant admits that it was an error on their part. At the
time they were made aware of their mistake, they could not correct it because of
conditions beyond their control.
Approval of this request would not be contrary to the General Plan or
Zoning Code 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 or the Zoning
Code 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
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
zone. The new applicant will proceed with the similar plans to convert the single-family
dwelling into an office building. 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 01-34 be forwarded to the County Council.
For your favorable consideration, an amendment to Ordinance No. 01 34 is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Rell Woodward, Chairman
Windward Planning Commission
Lpaainatrust02PC
Enclosures
cc: Ms. Gina Hara Chun
Department of Public Works
Department of Water Supply
Lincoln Ashida, Esq., Corporation Counsel
BPaaAina-AmendREZ962-jwd 06-16-09
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
PA`A AINA TRUST
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 01-34 (REZ 962)
PA`A AINA TRUST (formerly Mabel S. Kubota Trust) has submitted an amendment to
Condition B (secure Final Plan Approval) and related conditions of Ordinance No. 01 34, which
rezoned 19,721 square feet of land from a Single-Family Residential - 10,000 square feet (RS-
10) to a General Commercial 10,000 square feet (CG-10) district. The property is located on the
west side of Kinoole Street approximately 240 feet south of the Kinoole Street and Wailoa Street
intersection, Waiakea House Lots 2nd Series, Waiakea, South Hilo, Hawaii, TMK: 2-2-20:7.
PROPOSED DEVELOPMENT
1. Request: The applicant is requesting a 2-year time extension to comply with Condition
B (secure Final Plan Approval), which rezoned 19,721 square feet of land from a Single-
Family Residential - 10,000 square feet (RS-10) to a General Commercial 10,000 square
feet (CN-10) district. Condition B states:
"Final Plan Approval shall be secured from the Planning Department within two (2) years
from the effective date of this ordinance, in accordance with the Zoning Code Sections
25-2-72 and 25-5-117 and the Planning Department's Rule 17 (Landscaping
Requirements) for the commercial development within the subject property. Plans shall
identify structures, fire protection measures, landscaping, 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."
(Planning Department Exhibit 1 - Amendment Request)
2. Reasons for Request: The original owner, Mabel S. Kubota Trust, was granted a change
of zone from RS-10 to CG-10 to allow the conversion of a single-family dwelling into an
office building. Previously, the applicant's potential tenant made alternative plans and
the applicant was unable to find another potential tenant for the office building. The
applicant received an administrative time extension until April 4, 2005 to comply with
ATTACH: Crnm. 453
Bill 117
1
Condition B (secure Final Plan Approval). The property was sold in 2004 to Pa`a Aina
Trust. The new owner overlooked the requirement to comply with Condition B. At the
time they were made aware of the requirement, it was very difficult to secure a planning
consultant, contractor and architect for the project because of the robust economy. The
new owner decided to wait for the economy to slow down before proceeding with the
time extension request and the project.
BACKGROUND INFORMATION
3. Administrative Time Extension: A two-year administrative time extension to comply
with Condition B was granted until April 4, 2005. The time to comply with Condition B
has since expired.
STATE AND COUNTY PLANS
4. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: High Density
Urban.
5. State Land Use District: Urban.
6. County Zoning: General Commercial 10,000 square feet (CG-10).
7. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by the
Planning Commission, Resolution No. 1, on May 21, 1975. The Plan reflects this area
for General Commercial uses (CG-7.5).
8. Special Management Area (SMA): The property is not within the SMA boundary. It is
located more than 1,500 feet from the nearest shoreline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
9. Subject Property: The property is rectangular in shape and has an existing 2-story
single-family dwelling, which was constructed in 1936.
10. Surrounding Land Uses/Zoning: Immediately surrounding parcels to the north, west,
and south are zoned RS-10 and RD-3.75 and in residential uses. Approximately 83 feet
north of the property at the comer of Kinoole Street and Wailoa Street is a medical
building on land zoned CG-7.5. The former Sun Sun Lau Restaurant is located across of
the street and on land zoned CG-7.5. Further to the north along Kinoole Street is the Fann
Credit Service of Hawaii and Furnitureland on.land zoned CG-20. Hawaiian Linen
Supply (dry cleaners) and 7-Eleven are located approximately 2 blocks from the property
-2-
and also zoned CG-7.5. Other uses within two blocks of the property between Mohouli
Street and Hualalai Street include the St. Joseph School, United Community Church and
Kapiolani Elementary School and some residences.
11. USDA Soil Survey Report: Keaukaha Series (rKFD) extremely rocky muck, 6 to 20
percent slopes.
12. Land Study Bureau's Detailed Land Classification System: Existing urban
development.
13. Agricultural Lands of Importance to the State of Hawaii (ALISH) Map: Existing
urban development.
14. Flood Insurance Rate Map (FIRM): The property is classified as Zone.X, areas
determined to be outside the 500-year flood plain.
15. Flora/Fauna Resources: No flora or fauna study was submitted with the application.
The site was used for residential purposes in the past.
16. Archaeological/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
Natural Resources-State Historic Preservation Division issued a "no-effect" letter dated
March 25, 2009 and May 13, 2009 stating that they believe that no historic properties will
be affected by this project.
PUBLIC FACILITIES AND SERVICES
17. Access: Access to the property is from Kinoole Street, a County roadway with a 40-foot
pavement within a 60-foot right-of-way.
18. Water System: County water is available to the property.
19. Wastewater System: The dwelling is connected to an existing cesspool. The property is
not accessible to the existing sewer system.
20. Solid Waste: Solid waste will be handled by commercial haulers or have the respective
tenants dispose of their own refuse.
21. Other Essential Utilities and Services: Police, fire protection and emergency medical
services are available within a 5- to 10-minute response time. Electricity and telephone
are available to the property.
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AGENCIES' COMMENTS
22. Department of Water Supply: (Planning Department Exhibit 2 - June 5, 2009
Memo)
23. Department of Environmental Management: (Planning Department Exhibit 3 -
May 12, 2009 Memo)
24. Police Department: (Planning Department Exhibit 4 - May 21, 2009 Memo)
25. Department of Land and Natural Resources-State Historic Preservation Division:
(Planning Department Exhibit 5 - May 13, 2009 Letter)
AGENCIES - NO COMMENTS
26. Department of Public Works, Fire Department, Department of Land and Natural
Resources - Land Division and Department of Health.
AGENCIES - NO RESPONSE
27. Civil Defense Agency.
PUBLIC COMMENTS
28. 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.
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Georgina Hara Chun, Consultant
AKA Gina Hato Chun RA
Chris Brilhante LLC
280 Ponahawai Street Suite #100, Hilo, Hawaii 96720
Telephone: (808) 936-3297 / Fax (808) 935-1313
gina@brilhanterealty.com
May 6, 2009
Bobby Jean Leithead-Todd, planning director
Planning Department Pk!,.1ning rapj._
1 e :e
COUNTY OF HAWAII
101 Pauahi Street EAhibiti-._
Hilo, HI 96720
Subject: 2- year Time extension to Condition B to secure Final Approval
No. 01-34 (REZ 962)- Pala Aina Trust
Waiakea, South Hilo, Hawaii, TMK: 2-2-20007
Transmitted herewith for your review and processing is a request for a 2 year time extension of
time to condition B to secure Final Approval ordinance No. 01-34 (REZ 962) for TMK: 2-2-20-007
which consists of a 5 bedroom 1 bathroom home which comprises approximately 19,721 square feet of
land. The site is located on the mauka side of Kinoole Street, across of the former Sun Sun Lau Restau-
rant. Situated on its two side boundaries are single-family residences. The United Community Church is
located approximately 300 feet to its southeast at the corner of Mohouli and Kinoole Streets. There are
more developed commercial uses proximate to this site, such as Kauka urgent care, new County elderly
care division in old Sun Sun Lau building directly across to mention a few. There are also two schools
within a 1,000 feet of the site (St. Joseph's and Chiefess Queen Kapiolani Elementary School). Subject
property was rezoned into the CG-10 district on April 1, 2001 from RS-10 and an administrative time
extension was given until April 3, 2003 to complete issuance of Final Plan Approval. However, appli-
cants' intentions to turn home into an commercial office were dashed when potential tenant made alter-
native plans and as a result was unable to fill full time line requirements. At this time, current owners,
Pala Aina Trust would like go forward to complete original vision as an office building.
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.
Previous owner, Mabel S. Kubota Trust originally received rezoning approval till April 4, 2001.
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 two year
extension was granted with a new completion date of April 4, 2002.
Property was subsequently purchased by the Pala Aina Trust in 2004 with the idea of completing
the final approval requirement and moving real estate business to site.
2. Granting of the time extension would not be contrary to the General Plan or Zoning Code.
As notated in 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 LUPAG Map desig-
nates this area as medium Density Urban to high Density Urban.(Please see attached figure 1 to 3 show-
ing location of subject property, conceptual plan, a copy of the General Plan LUPAG of current zoning
designation.)
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 to high density" commercial of-
fice space on the subject property. Our intention is move forward with plans to convert existing dwelling
into an office building. This project is intended to supplement the small-scale, commercial office needs
of the area, including non-profit groups.
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 as well as copy of original rezone approval and administrative extension.
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
Pala Aina trust, consultant
Enclosure:
Copy-Pala Aina Trust
L4UR~H THIELEn
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DEPARTMENT OF LAND AND NATURAL RESOURCES xrsrourP,~=_R„:.i,u1
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STATE HISTORIC PRESERVATION DIVISION SITE a FUS
601 KAMOKILA BOULEVARD, ROOT? 555
KAPOLEI, }LAwAII 96707
March 25, 2009
Gina Hara Chun RA via email to: eina((D.bilhanteiealty com LOG NO: 2009.0806
Chris Brilhante LLC DOC NO: 0903MD51
280 Ponahawai Street Suite 100 Archaeology
Hilo, Hawaii 96720
Dear Ms. Hara Chen:
SUBJECT: Chapter 6E-42 Historic Preservation Review -
Request for "No Effect" on an Upcoming Change of Zone Application
Waiakea Ahupua' a, South Hilo District, Island of Hawaii
TMK: (3) 2-2-020:007
Thank you for the opportunity to comment on the aforementioned project, which we received on March
20, 2009. This project will involve the reuse of a current residence as an office. Although the building is
over 50 years old, no alterations to the structure will occur as part of this reuse. 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: Our review is based on our understanding of the future use of the structure. This No Effect
letter is not intended to apply to any, building permit applications.
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,
Nancy McMahon, Deputy SHPO/State Archaeologist
and Historic Preservation Manager
State Historic Preservation Division
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INA
ZOZ/oQ u~sa n deuz o~smetaai n>;id-teaa'J
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 28
1
Q ORDINANCE IZ10. egi 34
AV' FINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHA, ING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL
(RS-10) TO GENERAL COMMERCIAL (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-2-20:7.
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 General Commercial (CG-10):
Beginning at the Northeast corner of this lot, the Southeast comer of Lot 8, and on
the Southwest side of Kinoole Street (60 feet wide), the coordinates of said point of
beginning referred to Government Survey Trig. Station "Halai" being 1245.14 feet South
and 5177.73 feet East, as shown on Government Survey Registered Map 2705, and
running by azimuths measured clockwise from true South:
1. 328° 10' 83.21 feet along the Southwest side of Kinoole
Street (60 feet wide);
2. 58° 10' 237.00 feet along Lot 6, Block 53, Waiakea House
Lots;
3. 1480 10' 83.21 feet along remainder of Block 53;
4. 238° 10' 237.00 feet along Lot 8, Block 53, Waiakea House
Lots, to the point of beginning and
containing an area of 19,721 square feet.
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All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Final Plan Approval shall be secured from the Planning Director within two (2)
years from the effective date of this ordinance, in accordance with the Zoning
Code Sections 25-2-72 and 25-5-117 and the Planning Department's Rule 17
(Landscaping Requirements) for the commercial development within the subject
property. Plans shall identify structures, fire protection measures, landscaping,
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.
C. Prior to the issuance of the Certificate of Occupancy, the applicant shall
reconstruct the existing concrete driveway and provide full-width concrete
sidewalk along the subject property's entire Kinoole Street frontage to meet the
requirements of the Hawaii County Code and the Americans with Disabilities
Act (ADA), meeting with the approval of the Department of Public Works.
D. A Solid Waste Management Plan shall be submitted for review and approval to
the Department of Public Works. A copy of the approved Plan shall be submitted
to the Planning Department prior to issuance of a Certificate of Occupancy.
2
E. Prior to the issuance of a Certificate of Occupancy for the proposed development,
the applicant shall submit a final written report to the Planning Director stating
that all conditions have been met.
F. Comply with all other applicable rules, regulations and requirements of the
affected agencies for the development of the subject property.
G. 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.
H. 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).
-3-
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.
I. 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:
CO CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: March 9, 2001
Date of 1st Reading: March 9, 2001
Date of 2nd Reading: March 21, 2001
Effective Date: AP 1 4 , 2001
REFERENCE: Comm. 1
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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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 GENERAL COMMERCIAL (CG-10) AT WAIAKEA,
SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 2-2-20:7
FFICE OF THE COUNTY CLERK
County of Hawaii
-Hi 1 o . Hawaii
ROLL CALL VOTE
AYES NOES ABS EX
Introduced By Bobby Jean Leithead-Todd Arakaki
Date Introduced: March 9, 2001 Chung
X
First Reading: March 9, 2001 Elarioncff x
Published: N/A Jacobson
X
REMARKS. Leithead-Todd X,
Pisicchio X
Safarik X
Tyler I X
Yagong x
8 0 1 0
Second Reading: March 21, 2001 kE MVOTE
To Mayor: March 29, 001 Returned: April 4 2001 Effective: April 4. 2001 'Published: April 18. 2001 REMARKS. Jacobson X
Leithead-Todd X
Pchio X
Safarik X
Tyler X
Yagong X
9 0 p U
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII / COUNCIL CHAIRMAN
Date i
' C~&U TY CLERK
Approve Disapproved this day
Of n l 0 p l
l~W p
C Bill No.: 28
MAYOR, COUNTYOFHAWAII Reference: C-91/PC-1-
SidneyFuke, Planning Consultant
s 100 Pauahi Street, Suite 212 • Hilo, Hawaii96720 • Planning Variance - Zoning
Telephone: (BOB) 969-1522 • Fax: (BOB) 969-7996 • Subdivision • Land Use Perini
• Environmental Reports
February. b, 2003
2113 } EB 7 Pn 12 95
Mr. Christopher Yuen, Director PU''~. 'i ING DEP TMEN
Planning Department COUNTY C
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
RE: Rezoning Time Extension Request -Mabel Kubota Trust
(REZ 00-21) Ord. No. 0134, TMK: 2-2-020: 007
As you may be aware, the subject property was rezoned into the CG-10 district on
April 4, 2001. Condition B of the rezoning ordinance (Ord. No.01 34), a copy of which
is enclosed, required the issuance of Final Plan Approval within two (2) years from the
effective date of the rezoning, and that would be no later than April 3, 2003.
The principal purpose of the rezoning was to allow the conversion of an existing
dwelling into an office building. Since the rezoning, however; the applicant's potential
tenant made alternative plans. The applicant has since being working with other
interested parties. To date, however, nothing has been consummated. As such, while the
structure has continued to be occupied as a residence, the applicant believes that a
commercial tenant will be found within the immediate future.
In view of the foregoing, the.applicant respectfully requests a two (2) year
extension to submit and secure Final Plan Approval for the project.
Should you have any questions on this matter, please feel free to contact me.
Thank you very much.
cerely, ' p~ ^
VVv
SIDNEY M. FUKE
Planning Consultant
Enclosure
Copy - Mabel Kubota Trust
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Harry K
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PLANNING DEPAP. lI EPgT
101 Paushi Street, Suite 3 ~ Hilo, Hawaii 96720-3043
(808)951-8288 = rax(101)901-8742
February 14, 2003
MT. Sidney Fuke
100 Pauahi Street, Suite 212
Hilo HI 96720
Dear Mr. Fuke:
Change of Zone Ordinance No. 01 34 (REZ 962)
Landowner: Mabel S. Kubota Trust
Subject: Request for Administrative Time Extension to Condition B
Tax Map Key: 2-2-20:7
This is to acknowledge receipt by our office on February 7, 2003 of a request to grant a
two (2) year administrative time extension pursuant to Condition H of the above
referenced ordinance.
Condition :B requires that Final Plan Approval of the proposed development is secured
within two (2) years from the effective date of the ordinance or by April 4, 2003. The
reason given for requesting an additional two (2) years in which to comply with this
Condition is that the applicant's potential tenant made alternative plans. Although the
applicant is working with other interested parties, to date, nothing has been
consummated.
Since non-performance is the result of unforeseen conditions and the granting of a time
extension is not contrary to the General Plan, the Zoning Code, or the original reasons for
granting the rezoning, the Planning Director hereby grants a two (2) year administrative
time extension or until April 4, 2005 to secure Final Plan Approval.
i.
Mr. Sidney Fake
Page 2
February 14, 2003
Should you have questions, please feel free to contact Esther Imamura or Susan Gagorik
of our office at 961-8288.
Sincerel
C STOPHERJ. AN
Planning Director
ETI pak
P:\WPV,7N 60\ETI\P Ctimext\KubotaTrREZ962. d o c
xc w/ltr: Mabel S. Kubota Trust
Hawaii County Council
Planning Commission
REPORT OF THE
COMMITTEE ON PLAMV1ING
DATE: February 21. 2001 RE: C-91/Bill No. 29
PLACE: Councilroom
TIME: 1:35 P.M.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 28, transmitted by Mayor
Hairy Kim per Communication No. 91, dated January 12, 2001, regarding the Change of Zone
request by Mabel S. Kubota Trust at Waiakea, South Hilo, Hawaii, TMK: 2-2-20:7, reports as
follows:
Bill No. 28 amends 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 for approximately
19,721 square feet of land from a Single Family Residential (RS-10) to a General Commercial
(CG-10) zoned district.
The rectangular-shaped subject property, owned in fee by the applicant, is located on the
west-side of Kinoole Street, approximately 250 feet from its intersection with Wailoa Street,
across the former Sun Sun Lau Restaurant site. The subject property has been improved with the
existing 2-story residence, lawn/landscaping and fruit trees.
The applicant is seeking the change of zone to allow general commercial uses on the subject
property, by converting the existing 2-story single-family dwelling into an office building. The
existing dwelling has a primary floor and a basement consisting of 1530 square feet on each j
level, and is less than 30 feet in height. The applicant proposes to extend the existing driveway
further to the rear of the property to provide additional parking and a turn around area. /
The State Land Use designation is "Urban"' The General Plan Land Use Pattern Allocation
Guide (LUPAG) Map designates the area as High Density Urban, which allows for commercial,
multiple residential and related services (general and office commercial, multiple residential).
The Hilo Community Development Plan (CDP), adopted by Resolution in 1975 by the Planning
Commission recommended that the area be maintained as a Double Family Residential - 3,750
square foot (RD-3.75) zoning.
The subject property is not located within the Special Management Area and is located
approximately one-half mile from the nearest coastline.
The Agricultural Lands of Importance to the State of Hawaii (ALISH) classification is Urban
Development. The Land Study Bureau Soil Rating is Urban.
The USDA soil classification is Keaukaha, which consists of well-drained, thin organic soils
overlying pahoehoe lava bedrock with medium runoff and slight erosion hazard.
PC-10 Pace 2 February 21, 2001
Because the property had been improved, the likelihood of any archaeological features is remote
and it is unlikely that the property would be a habitat for any listed threatened or endangered
species of plant or animal
.Surrounding parcels to the north, west and south are zoned RS-10 and RD-3.75. Approximately
8j-feel north of the property at the comer of Kinoole Street and Wailoa Street is the Big Island
Vision Center and Medical Building, which is zoned CG-7.5. The former Sun Sun Lau
Restaurant, located across the street, has been zoned CG-7.5 since 1967. Further to the north
along Kinoole.Street are the Farm Credit Service ofHawai'i and Fumitureland, which are zoned
CG-20. Hawaiian Linen Supply (dry cleaners) and 7-Eleven are located two blocks away and are
zoned CG-7.5. The St. Joseph School, United Community Church and Kapiolani Elementary
School and some residences are found within two blocks of the property between Mohouli Street
and Hualalai Street.
Access to the property is from Kinoole Street, a County roadway with a 40-foot pavement within
a 60-foot right-of-way.
Water is available to the property from an existing 5/8-inch waterline and can be made available
from an existing 8-inch waterline along Kinoole Street.
Wastewater will be disposed of through the existing cesspool. The applicant intends to either
retain commercial haulers or have the respective tenants dispose of their own refuse.
Committee Member Curtis Tyler questioned the applicant's representative, Sidney Fuke, about
the zoning designation change from CN-10 to CG-10, to which Mr. Fuke responded that the area
is high density, therefore, a CG designation is appropriate as noted in the General Plan. Your
Committee did not entertain further discussion on this measure.
Your Committee concurs with the Planning Commission and the Planning Director for
recommending a favorable consideration for the Change of Zone request.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 28, and
recommends it pass first reading.
Respectfully submitted
AYES NOES A& E EX COMMITTEE ON PLA ! (NG
LEITHEAD-TODD X
TYLER X
ARAKAKI X BOHIJ~Y JEAN LEITHEAD-TODD, CHAIR
CHUNG x
ELARIONOFF X PC REPORT NO. 10
JACOBSON x
PISICCHIO X ADOPTED
ISAFARIK X
YAGONG X
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P
lyef NAW p\~~ 345 KE KUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX(808)961-8657
June 5, 2009
TO: Ms. BJ Leithead Todd, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE (REZ 962)
APPLICANT - PA4A AINA TRUST
REQUEST: TWO-YEAR TIME EXTENSION TO COMPLY WITH CONDITION B
(SECURE FINAL APPROVAL) OF CHANGE OF ZONE ORDINANCE 01-34
TAX MAP KEY 2-2-020:007
We have reviewed the subject request and have the following comments and conditions.
Our comments from our November 22, 2000 memorandum to your department regarding the subject Change of
Zone still stand, with the exception of Item No. 1, which states in part that the 8-inch waterline within Kino`cle
Street is capable of providing a theoretical fire flow of only 1,500 gallons per minute (GPM). Please be
informed that the 8-inch waterline within Kino`ole Street is looped, and therefore, capable of providing a fire
flow of 2,000 GPM, as required per our Water System Standards for commercial land use. However, as the
closest fire hydrant to the property is approximately 300 feet away, the applicant may be required to install a fire
hydrant (our Water System Standards require a maximum distance of 150 feet).
Please be informed that the applicant has not installed a reduced pressure type backflow prevention assembly
just after the meter on private property, as required per Item No. 3 of our November 22, 2000 memorandum.
The backflow prevention assembly must be installed within five (5) feet of the meter on private property and the
installation must be inspected and approved by our Department.
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at
961-8070, extension 255.
Sincerel yours,
Planning _r)ept-
Milto Pavao, P.E. Exhibit
Wan er -
FM:dfg SCANNED
copy- Pa`a Aina Trust
Ms. Georgina Hara Chun, Consultant V ~+p
i'd3':
Water drirecy6 rrorreda...
The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil
Rights, Room 326-W, Whitten Building, 14th and Independence Avenue. SW. Washington DC 20250-941 n. Or ran i9n2i 79n_59a4 ?-i- -A Tnn~
• JMYY.or N1
William Kenoi " Loon A. Tyson
Mayor - Director
;";^or x+'~ Ivan M. Torigoe
Deoutv Director
Can* of Ian aI'l
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street Hilo, Hawaii 96720
(808) 961-8083 Fax (808) 961-8086
httiOco.hawaii hi us/directory/dir envmng htm
MEMORANDUM
Date : May 12, 2009
To BJ LEIT14EAD TODD, Acting Deputy Planning Director
From: LONO A. TYSON, Director hl
Subject: Change of Zone Application (REZ 962)
Applicant: Pa'a Aina Trust
Request: Two-Year Time Extension to Comply with Condition B (Secure Final Plan Approval) of
Change of Zone Ordinance No. 01-34
TMK: 2-2-20:7
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS: REErI2 In CMM STS F( (1W
WASTEWATER COMMENTS:
( ) No comments
( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5
of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii
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.
~,(V) Other- plt4th,~s, rt A)1:7 her c35 'i 'Zu
SOLID WASTE COMMENTS:
( ) No comments
( Commercial operations, State and Federal agencies, religious entities and non-profit Planning Dept.
organizations may not use transfer stations for disposal.
Aggregates and any other construction/demolition waste should be responsibly reused to Exhibit its fullest extent.
( Ample and equal room should be provided for rubbish and recycling.
(j Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or
other suitable diversion programs.
(y) Construction and demolition waste is prohibited at all County Transfer Stations.
(rV11) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status.
( ) Other: {
cc: SWD, W*W 1 ANND 1t
11724
7~ yp~ €
County of Hawai `i is an Equal Opportunity Provider and Employer.
4O+jY/G! N,~i
L \UIICr
William P. Kenai Lono A. Tyson
Mayor Director
r r~ ui.wi~r Ivan Torigoe
Deputy Director
Q41Uitf IIf(,:I
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street Hilo, Hawaii 96720
(808) 961-8083 Fax (808) 961-8086
hM://co.hawaii.hi.us/directory/dir envmne htm
February 12, 2009
SOLID WASTE MANAGEMENT PLAN
Guidelines
INTENT AND PURPOSE
This is to establish guidelines for reviewing solid waste management plans, for which special
conditions are placed on developments. The solid waste management plan will be used to: (1)
promotes and implement recycling and recycling programs, (2) predict the waste generated by
the proposed development to anticipate the loading on County solid waste management
facilities, and (3) predict the additional vehicular traffic being generated because of waste and
recycling transfers. A qualified consultant shall prepare a suitable solid waste management
plan for review by the Department of Environmental Management.
REPORT
The Solid Waste Management Plan 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 or maintenance phases. Waste types shall include (but not
be limited to):
A. Organics (including food waste and green wastes);
B. Construction and Demolition;
C. Paper (including cardboard);
D. Metal (including ferrous and non-ferrous metals);
E. Plastic;
F. Special (including ash, sludge, treated medical, bulky items, tires);
G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and
H. Glass.
2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of
glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for
rubbish and recycling.
3. Identification and location of the proposed waste reduction, waste re-use, recycling
facility or disposal site and associated transportation methods for the various
components of the development's waste management system, including the number of
County of Hawaii is an Equal Opportunity Provider and Employer.
Solid Waste Management Plan Guidelines
Page 2 of 2
vehicle movements and associated routes that will be used to transport the waste and
recycled materials.
4. The report will include identification of any impacts to County-operated waste
management facilities, and the appropriate mitigation measures that will be implemented
by the development to minimize these impacts,
5. 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 prepared for all commercial developments, as
defined under the, policies of the Department of Environmental Management, Solid
Waste Division.
2. The Department of Environmental Management will require the developer to provide or
resolve all recommendations and mitigation measures as outlined-in-the solid waste
management plan; besides any conditions placed on the applicant herein.
3. A State of Hawaii licensed engineer will`draft and certify in writing the solid waste
management'plan as complying with applicable Federal, State and county of'Hawai'i
solid waste laws; regulations, and administrative rules.
Should you-requireadditional information, please contact Michael Dworsky, P'E., Solid Waste
Division Chief at 808-961-8515.
CONCUR:
A. Tr
Lono A. Tyson
DIRECTOR
County of Hawaii is an Equal Opportunity Provider and Employer.
400~SY OF xw~i .
,110.11 (1(' ~G~ Yk':l fit ~ Ili.
William P. Kenos(~(ir~ . , ? t± Harry S. Kubojiri
Mayor Police Chief
N 26
1 n/t t 'RAidY 2 1 Paul K. Ferreira
c ,
County of Hawaii Deputy Police Chief
POLICE DEPARTMENT
349 Kapiolam Street Hilo, Hawaii 96720-3998
(808) 935-3311 • Fax (808) 961-8865
May 21, 2009
TO B. J. LEITHEAD TODD, PLANNING DIRECTOR
FROM SAM EL OMAS, ACTING ASSISTANT POLICE CHIEF
AREA I OPERATIONS
SUBJECT: CHANGE OF ZONE (REZ-962)
APPLICANT: PA'A AINA TRUST
REQUEST: TWO-YEAR EXTENSION TO COMPLY WITH
CONDITION B (SECURE FINAL PLAN APPROVAL) OF CHANGE
OF ZONE ORDINANCE NO. 01-34
TAX MAP KEY: 2-2-20:7
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
JSCANNED~
Planning Dept. Owld°a8 ~
Exhibit _ y
"Hawai'i County is an Equal Opportunity Provider and Employer"
LAUM N. THIELEN
LINDA LINCLE t6 a Mq CIMERRAWN
GOVERNOAOPMWAII ,C~ PSP tik1 LOM SSIM NWATPR RPSOJ FAX _fOCL' W
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COWI A MRNAS AR W
STATE OF HAWAII ON RVAIMAMAXDWR?RO,RwoSFMOR RMRM
w oweuRwD
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a DEPARTMENT OF LAND AND NATURALRE90URCES xutl0.Piox'ier"P.r"se..ULo.
KN1Cq.nWC ISLANRRF56RV5 NMAtt44pN
STATE HISTORIC PRESERVATION DIVISION - sr~""DVnR,o
601 KAMOKILA BOULEVARD, ROOM 555
KAPOLEI, HAWAII 96707
May 13, 2009
BJ Leithead Todd, Planning Director LOG NO: 2009.1512
County of Hawaii Planning Department DOC NO: 0905MD21
101 Pauahi Street, Suite 3 Archaeology
Hilo, Hawaii 96720-4224
Dear Ms. Leithead Todd:
SUBJECT: Chapter 6E-42 Historic Preservation Review -
Request for Comment of a Two-Year Time Extension to Comply with Condition 13
of Change of Zone Ordinance No. 01-34
Waiakea Ahupue a, South Hilo District, Island of Hawaii IV.. . j . „
TMK:(3)2-2-020:007
Thank you for the opportunity to comment on the aforementioned project, which we received on May 11,
2009. We determinethat 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 (A IS) found no historic properties
? SHPD previously reviewed this project and mitigation has been completed
® Other: SHPD previously commented on this project and determined no historic properties will be
affected (Log No. 2009.0806, Doc No. 0903MD5I).
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,
Nancy 1GIcMahon, Deputy SHPO/State Archaeologist
and Historic Preservation Manager N E D
State Historic Preservation Division ~i
Planning Dept a §'5I 00'
Exhibit
RPaaAina-Amend REZ962-jwd 06-I6-09
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
PA`A AINA TRUST
AMENDMENT TO CONDITION B OF CHANGE OF ZONE ORDINANCE NO. 01-34
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 2-year
time extension to Condition B and related conditions of Ordinance No. 01-34. 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, Pa`a Aina Trust, is requesting an amendment to Change of Zone
Ordinance No. 01-34 for a 2-year time extension to comply with Condition B (secure
Final Plan Approval). Change of Zone Ordinance No. 01-34 rezoned 19,721 square feet
of land from a Single-Family Residential - 10,000 square feet (RS-10) to a General
Commercial 10,000 square feet (CN-10) district. Condition B states:
"Final Plan Approval shall be secured from the Planning Department within two
(2) years from the effective date of this ordinance, in accordance with the Zoning
Code Sections 25-2-72 and 25-5-117 and the Planning Department's Rule 17
(Landscaping Requirements) for the commercial development within the subject
property. Plans shall identify structures, fire protection measures, landscaping,
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."
The original owner and applicant, Mabel S. Kubota Trust, was granted a change
of zone from RS-10 to CG-10 on April 4, 2001 to allow the conversion of a single-family
dwelling into an office building. The original applicant's potential tenant made
alternative plans and the applicant was unable to find another potential tenant for the
-1-
.
office building. The applicant received an administrative time extension until April 4,
2005 to comply with Condition B (secure Final Plan Approval).
The property was sold in 2004 to Pa`a Aina Trust with the intention to move their
real estate business offices to the new site. At the time of purchase, the new owner
overlooked the requirement regarding compliance with Condition B.
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. At the time the property was sold in
2004, the new applicant, Pa`a Aina Trust, overlooked the requirement for Condition B to
secure Final Plan Approval by April 4, 2005. Once the new applicant was made aware of
the umnet requirement, it was very difficult to secure a planning consultant, contractor
and/or architect because they were extremely busy because of the robust economy. The
new owner decided to wait for the economy to slow down before proceeding with the
time extension request and the project.
Although non-performance of the condition could have been avoided at the time
the property was purchased, the applicant admits that it was an error on their part. At the
time they were made aware of their mistake, they could not correct it because of
conditions beyond their control.
Approval of this request would not be contrary to the General Plan or
Zoning Code 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 or the Zoning
Code 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. The new applicant will proceed with the similar plans to convert the single-family
dwelling into an office building. 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 01-34 be forwarded to the County Council. The
accompanying draft bill reflects the recommended amendments to conditions of Ordinance No.
-2-
I .
01-34. (Material to be deleted is bracketed and strike through and material to be added is
underscored).
-3-
i .
J,tY Oi N
' LfJ6.
COUNTY OF HAWAII STATE OF HAWAII
•Nii+
~rF OF
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 01 34 WHICH RECLASSIFIED LANDS
FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO GENERAL
COMMERCIAL - 10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-2-020:007.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL
SECTION 1. Ordinance No. 01 34 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, Hawai°i, shall be General Commercial - 10,000 square feet (CG-10):
SECTION 2. [This
In accordance with Section 25-2-44 Hawaii County Code 1983 (2005 Edition)
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:
LA) Protection of the public from the potentially deleterious effects of
the pro -posed use or
ffl) Fulfillment of the need for public service demands created by the
proposed use.
-1-.
i
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Final Plan Approval shall be secured from the Planning Director within two (2)
years from the effective date of this [„rdinariee]amendment, in accordance with
the Zoning Code Sections 25-2-72 and 25-5-117 and the Planning Department's
Rule 17 (Landscaping Requirements) for the commercial development within the
subject property. Plans shall identify structures, fire protection measures,
landscaping, 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.
C. Prior to the issuance of the Certificate of Occupancy, the applicant shall
reconstruct the existing concrete driveway and provide full-width concrete
sidewalk along the subject property's entire Kino`ole Street frontage to meet the
requirements of the Hawaii County Code and the Americans with Disabilities
Act (ADA), meeting with the approval of the Department of Public Works.
D. [ A Solid Wa#e Mn agemepA Plan shall be submitted for feY4ew-and-.appFeveM-e
t}1 DepaAment CD„ hlie Wer-k A eapy of the approved Plan -hall hPquh4:Hi#F0
]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.
E. Prior to the issuance of a Certificate of Occupancy for the proposed development,
the applicant shall submit a final written report to the Planning Director stating
that all conditions have been met.
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F. 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 (HCPI). The fair share contribution shall have a combined
value of $7,698.11 per multiple family residential unit ($11,996.63) 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. $3,797.26 per multiple family residential unit ($5,784.99 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $120.01 per multiple family residential unit ($279.07 per single family
residential unit) to the County to support police facilities
3. $369.17 per multiple family residential unit ($551.20 per single family
residential unit) to the County to support fire facilities
4. $164.54 per multiple family residential unit ($241-32 per single family
residential unit) to the County to support solid waste facilities• and
5. $3,247.12 per multiple family residential unit ($5,140-06 per single family
residential unit) to the County to support road and traffic improvements
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hi lieu of paying the fair share contribution the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation fire
police, solid waste disposal facilities and roads within the region impacted by the
proposed development subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
G. 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
[F-.]H. Comply with all other applicable rules, regulations and requirements of the
affected agencies for the development of the subject property.
[&.]I. 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.
[H ]J. [ n « initial 44of time for the r of eondition';
n
ReCf
The « t.°`C is the result of owiditions
and thm a not thp. rpqult "Fthpir Fn,.14 1'
b b
2. Granting of the time e-xtensien would not be eantf~, to the C~eneral Plan
or Zening de.
reasons for the ,.,.n•'4:«n of the ehange C
zone.
4. The time extensien granted shall be for- a period not to exeeed4heTefied
originally
d for a eenditiaii to b F a tl_
-4-
one yeaf may be extended for up te one additienal-yeff)-.
-5-.] If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
[L]K. 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 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
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SINGLE FAMILY
RESIDENTIAL (RS-10)
TO GENERAL
eO ' " COMMERCIAL (CG-10)
ULULANI AREA. 19,721 SG: FT.
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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 GENERAL COMMERCIAL (CG-10)'AT WAIAKEA,
SOUTH HILO, HAWAII.
PREPARED BY PLANNING DEPARTMENT'
COUNTY Of HAWAII
TMK : 2-2-20:7 - DECEMBER 7. 2000
EXHIBIT "A"