HomeMy WebLinkAboutCOM 0621.000 2008-2010
of William T. Takaba
William P. Ken01 j ; • Managing Director
Mayor
Wally Lau
~re'os'Mr'~ Deputy Managing Director
County of Hawaii
891 Ululani Street Hilo, Hawaii 96720-3982 • (808) 961-8211 Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740
(808) 329-5226 Fax (808) 326-5663
October 27, 2009
Honorable J Yoshimoto, Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Avenue t~ UZI
Hilo, HI 96720
Dear Chairman Yoshimoto and Members: r
Change of Zone Application (REZ 09-000100)
Applicant: Janice Oshiro f l
Request: RS-10 to CG-20
Tax Map Key: 2-2-22:8
Change of Zone Application (REZ 09-000102)
Applicant: American Trading Co., Ltd.
Request: ML-20 to MCX-20
Tax Map Key: 2-2-32:24
Change of Zone (REZ 716, PD Docket No. 91-000008)
Applicant: Hara Land Development
Request: Amendment to Conditions C and D of
Change of Zone Ordinance No. 92-70
Tax Map Key: 1-5-14.7
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 letters and enclosures
regarding the above-referenced requests.
Sincerely,
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
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County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
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October 27, 2009
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The Honorable J Yoshimoto, Chairnlan
and Members of the County Council"` -ct
County of Hawai `i
333 Kilauea Avenue, 2°d Floor`
Hilo, HI 96720>
Dear Chainnan Yoshimoto and Council Members:
Change of Zone (REZ 716, PD Docket No. 91-000008)
Applicant: Hara Land Development
Request: Amendment to Conditions C and D of
Change of Zone Ordinance No. 92-70
Tax Map Key: 1-5-14:7
The Windward Planning Commission, after a duly held public hearing on October 2, 2009, voted
to recommend for your approval the proposed legislative bill for an amendment to Condition C
(secure final plan approval) and Condition D (construction timeline) and related conditions of
Ordinance No. 92 70, which rezoned 1.625 acres of land from Single Family Residential -
15,000 square feet (RS-15) to a Village Commercial - 10,000 square feet (CV-10) district. The
property is located on the northeast side of Pahoa Village Road approximately 920 feet northwest
of the Pahoa Village Road and Post Office Road intersection, Nanawale Homesteads, Puna,
Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant, Hara Land Development, is requesting a 5-year time extension to
comply with Condition C (secure Final Plan Approval) and Condition D (construction
timeline) of Change of Zone Ordinance No. 92 70, which rezoned 1.625 acres of land
from a Single-Family Residential - 15,000 square feet (RS-15) to a Village Commercial -
10,000 square feet (CV-10) district. Condition B states:
"the applicant shall secure Final Plan Approval for the proposed development
within one year from the date of Receipt of Final Consolidation Approval. To
Hawaii County is an Equal Opportunity Provider and Employer
.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
assure adequate time for plan approval review and in accordance with Chapter 25-
244 (Zoning Code), plans shall be submitted to the Planning Department a
minimum of forty-five days prior to the date by which Final Plan Approval must
be secured. Plans to be submitted shall indicate existing and proposed structures,
parking associated with the proposed commercial uses, driveway circulation and
landscaping. The applicant shall site the proposed commercial structures and
provide landscaping for the purpose of mitigating noise and visual impacts to
adjacent properties."
Condition D states:
"construction of the proposed development shall commence within one year from
the date of receipt of Final Plan Approval and be completed within one year
thereafter."
The original owner, Walter T. Yamaguchi, was granted a change of zone from
RS-10 to CV-10 to allow the establishment of various automobile-related businesses
including, but not limited to, a full service auto and truck repair shop, auto parts
warehouse/retail outlet and a body & fender shop. The property was previously the site of
the Pahoa Gas-N-Go service station, which has since been demolished. The proposed
various automobile-related businesses was not constructed by the original owner and the
property is currently vacant of uses and structures.
The property was sold in 2000 to Hara Land Development with the intention to
build a new Pahoa Cash and Carry. The applicant now intends to build the Pahoa Office
Plaza.
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. Hara Land Development purchased the
property with the intention to build a new Pahoa Cash and Carry. As a result of several
conditions beyond their control, including the changed economic situation, the delay in
completing the plans for the Pahoa Cash & Carry project, and the opening of the Malama
Market and other similar commercial stores in the area, the applicant has decided to
shelve their previous plans to relocate the Pahoa Cash and Carry store on the property and
requests a 5-year time extension to construct the a new Pahoa Office Plaza.
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
has not been any significant changes to the General Plan for this area or the Zoning Code
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
since this request was originally approved that would affect this project. Although the
project concept has changed, the amendment request is not contrary to the original
reasons for granting the change of zone from RS-15 to CV-10. The new applicant is now
proposing to construct an office building called the Pahoa Office Plaza.
Additionally, the Puna Community Development Plan was adopted by the
Hawaii County Council, Ordinance 08 116, on September 10, 2008. The project site is
located within the Pahoa Regional Town Center, which is expected to include a mix of
uses including office commercial uses. 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 92 70 be forwarded to the County Council.
For your favorable consideration, an amendment to Ordinance No. 92 70 is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
~.J
Rell Woodward, Chairman
Windward Planning Commission
Lharalanddevrez716wwpc2
Enclosures
cc: Mr. Sam L Ishigo
Department of Public Works
Department of Water Supply
Lincoln Ashida, Esq., Corporation Counsel
I
BHaraDev-AmendREZ716-jwd 09-10-09
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
HARA LAND DEVELOPMENT
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 92 70 (REZ 716)
HARA LAND DEVELOPMENT (formerly Walter T. Yamaguchi) has submitted an
amendment to Condition C (secure Final Plan Approval) and Condition D (construction timeline)
and related conditions of Ordinance No. 92 70, which rezoned 1.625 acres of land from a Single-
Family Residential - 15,000 square feet (RS-15) to a Village Commercial -10,000 square feet
(CV-10) district. The property is located on the northeast side of Pahoa Village Road
approximately 920 feet northwest of the Pahoa Village Road and Post Office Road intersection,
Nanawale Homesteads, Puna, Hawaii, TMK: 1-5-14:7.
PROPOSED DEVELOPMENT
1. Request: The applicant is requesting a 5-year time extension to comply with Condition
C (secure Final Plan Approval) and Condition D (construction timeline), which rezoned
1.625 acres of land from a Single-Family Residential - 15,000 square feet (RS-15) to a
Village Commercial -10,000 square feet (CV-10) district. Condition C states:
"the applicant shall secure Final Plan Approval for the proposed development within one
year from the date of Receipt of Final Consolidation Approval. To assure adequate time
for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans
shall be submitted to the Planning Department a minimum of forty-five days prior to the
date by which Final Plan Approval must be secured. Plans to be submitted shall indicate
existing and proposed structures, parking associated with the proposed commercial uses,
driveway circulation and landscaping. The applicant shall site the proposed commercial
structures and provide landscaping for the purpose of mitigating noise and visual impacts
to adjacent properties."
Condition D states:
"construction of the proposed development shall commence within one year from the
date of receipt of Final Plan Approval and be completed within one year thereafter."
Carm. 621
Bill 177
(Planning Department Exhibit 1 - Amendment Request)
2. Reasons for Request: Hara Land Development purchased the property from Walter
Yamaguchi in 2000 with the intention to build a new Pahoa Cash and Carry. According
to the applicant, due to the changed economic situation, the delay in completing the plans
for the Pahoa Cash and Carry project, and the opening of the Malama Market, the
applicant has decided to shelve the Pahoa Cash and Carry project and requests a 5-year
time extension to construct the Pahoa Office Plaza.
3. Landowner: The applicant is the landowner of the property.
BACKGROUND INFORMATION
4. June 15, 1992: Effective date of Change of Zone Ordinance No. 92 70, which rezoned
1.625 acres of land from a Single-Family Residential - 15,000 square feet (RS-15) to a
Village Commercial -10,000 square feet (CV-10) district. The original owner, Walter T.
Yamaguchi, was granted a change of zone from RS-10 to CV-10 to allow the
establishment of various automobile-related businesses including, but not limited to, a
full service auto and truck repair shop, auto parts warehouse/retail outlet and a body &
fender shop (Refer to the Applicant's Amendment Request for Change of Zone
Ordinance No. 92 70).
5. June 15, 1993: Approval date of Subdivision No. 6291, which consolidated and
resubdivided TMKs: 1-5-14:7, 8, 9 & 23 in compliance with Condition B of Change of
Zone Ordinance No. 92 70. (Planning Department Exhibit 2 - Subdivision No. 6291)
STATE AND COUNTY PLANS
6. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Low Density
Urban.
7. State Land Use District: Urban.
8. County Zoning: Village Commercial 10,000 square feet (CV-10).
9. Puna Community Development Plan (CDP): The Puna CDP was adopted by the
Hawaii County Council, Ordinance 08 116, on September 10, 2008. The project site is
located within the Pahoa Regional Town Center, which is expected to include a mix of
uses including office commercial uses.
10. Special Management Area (SMA): The property is not within the SMA boundary. It is
-2-
located approximately 6 miles from the nearest shoreline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
11. Subject Property: The property was previously the site of the Pahoa Gas-N-Go service
station, which has since been demolished. The property is roughly rectangular in shape
and is 1.604 acres in size. The property is vacant of uses and structures.
12. Surrounding Land Uses/Zoning: The surrounding properties are zoned RS-15, RS-10,
and CV-10. The properties to the north, south and west are zoned RS-15 and consist of
residential uses. The adjacent property to the west is zoned CV-10, which has a dwelling
and properties further west are zoned RS-10 and consist of residential uses.
13. USDA Soil Survey Report: Keaukaha Series (rKFD) extremely rocky muck, 6 to 20
percent slopes.
14. Land Study Bureau's Detailed Land Classification System: Existing urban
development.
15. Agricultural Lands of Importance to the State of Hawaii (ALISH) Map: Existing
urban development.
16. Flood Insurance Rate Map (FIRM): The property is classified as Zone X, areas
determined to be outside the 500-year flood plain.
17. Flora/Fauna Resources: No flora or fauna study was submitted with the application.
The site was previously used for residential and commercial purposes in the past.
18. 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
July 22, 2009 stating that they believe that no historic properties will be affected by this
proj ect.
PUBLIC FACILITIES AND SERVICES
19. Access: Access to the property is from Pahoa Village Road, a County roadway with a
22-foot pavement within an approximate 30-foot right-of-way. According to the
Department of Public Works memo dated July 1, 1991, the County improved Pahoa
Village Road in 1989. The pavement was widened to 22 feet with a shoulder width of 5
-3-
feet on the applicant's side and 3 feet across the street. Pahoa Village Road is still below
the minimum commercial standards and will probably never be brought up to minimum
standards since the existing right-of-way is narrow and there are existing structures that
have been built close to the right-of-way.
20. Water System: County water is available to the property.
21. Wastewater System: The applicant is proposing to install a septic wastewater system
meeting with the approval of the Department of Health.
22. Other Essential Utilities and Services: Police, fire protection and emergency medical
services are available in Pahoa Town. Electricity and telephone are available to the
property.
AGENCIES' COMMENTS
23. Department of Public Works: (Planning Department Exhibit 3 - August 11, 2009
Memo)
24. Department of Water Supply: (Planning Department Exhibit 4 - August 28, 2009
Memo)
25. Department of Environmental Management: (Planning Department Exhibit 5 -
August 4, 2009 Memo)
26. Police Department: (Planning Department Exhibit 6 -August 7, 2009 Memo)
27. Fire Department: (Planning Department Exhibit 7 - July 31, 2009 Memo)
28. Office of Housing and Community Development: (Planing Department Exhibit 8 -
July 31, 2009 Memo)
29. Department of Land and Natural Resources-State Historic Preservation Division:
(Planning Department Exhibit 9 - July 22, 2009 Letter)
AGENCIES - NO COMMENTS
30. Department of Land and Natural Resources - Land Division and the Department of
Health.
PUBLIC COMMENTS
31. 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.
-4-
ut,
{ Y o.
Pacific Pan Properties, Inc.
P. O. Box 8
Honomn, Hawaii 96728
Tel/Fax: 808-963-6365
Email: ishigos@PacificPanProperties.com
7/ 1 /09
Mrs. Bobby Jean Leithead Todd, Planning Director
COUNTY OF HAWAII
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mrs. Leithead Todd:
Change of Zone Ordinance No. 92-70 (REZ 716)
Applicant: Hara Land Development (formerly Walter T. Yamaguchi)
Request: Amendments to Condition C & D of Change of Zone Ordinance No. 92-70
Subject: Response to Letter Dated May 8, 2009
Tax Map Key: 1-5-14-7
Per Conditions C and D of enclosed Ordinance No. 92-70, see enclosure, Hara Land Development
would like to amend Conditions C and D and request a five (5) year time extension to secure Final Plan
Approval and complete the construction for the proposed Pahoa Office Plaza, 15-2817 Pahoa Village
Road, Pahoa, Hawaii.
The non-performance of building the Pahoa Cash and Carry was due to changed market conditions
not foreseen by the owner and beyond their control: the plans took 4 years to complete and the property at
the NW comer of Pahoa Village Road and Highway 10 was rezoned to commercial, and Malama Market
opened.
The granting of the time extension would not be contrary to the General Plan or zoning code,
which 'Los not changed since the original approval.
The original reasons for the change of zoning are still applicable.
History of the parcel:
In 1992 Walter Yamaguchi, the original owner of the parcel, rezoned it from RS-15 to
Commercial (CV-10) under certain Conditions (see enclosure Ordinance No. 92-70).
In 2000 Hara Land Development bought the properly from Walter Yamaguchi.
In 2004 . nal plans were approved for the Pahoa Cash and Carry building.
However, due to the changed economic situation because the plans took 4 years to be completed,
the rezoning of the property at the NW corner of Pahoa Village Road and Highway 10 to commercial, and
the subsequent opening of Malama Market, the plan to construct a new Pahoa Cash and Carry, established
in 1939, had to be shelved.
In its place Hara Land Development would like to build PAHOA OFFICE PLAZA, see site plan
and elevations. The in-demand project of 14,600 s.f. for offices (dentists, doctors, insurance, real estate,
financial planners, and a dining facility) will have a Western motif design in the two (2) single story steel
frame buildings on the 1.6 acre (69,696 s.f.) site.
Plan n!ng DePt-
Exhibi ......t_..
Pahoa's need for ample parking will be met with 54 parking spaces. ADA accessible parking
spaces will number 4.
To minimize traffic concerns there will be only one access and egress driveway.
With minimal land clearing and grading, the project will be green in design and construction.
Once the Final Plan is approved, Hara Land Development will complete the $2 million Pahoa
Office Plaza in 18 months.
Approximately 50 temporary and permanent employees will be hired by the various businesses
here.
Sincer
Sam I. Is go
Consultant to Hara Land De pment
cc. Glenn Hara
BILL NO. 616
ORDINANCE No%
AN ORDINANCE AMENDING SECTION 25-107 (PAHOA ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT NANAWALE
HOMESTEADS, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-5-14:7, 8
AND 23 (POR.).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-107, Article 3, Chapter 25 (Zoning
Code) of the Hawaii. County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Nanawale Homesteads, Puna, Hawaii, shall be
Village Commercial (CV--10):
Beginning at the southeast corner of this parcel of land
and on the northeasterly side of Puna Road., the
coordinates of said point of beginning referred to
-Government Survey Triangulation. Station "PAHOA," being
1,820.89 feet South and 1,791.3.5 feet East, thence running
by azimuths measured clockwise from true South:
1. 1260 20' 80.00 feet along Puna Road;
2. 133° 11' 168.91 feet along Puna Road;
3. 210° 13' 298.00 feet along the remainder
of Grant 4453 to Samuel
Sm.ithers (Lot A);
4. 313° 11' 1.72.02 feet along the remainder
of.Grant 4453 to Samuel
Smithers (remainder of
Lot B);
5. 30° 48' 61.95 feet along the remainder
of Grant 4453 to Samuel
Smithers (Lot 14);
6. 3070 25' 102.71 feet along the remainder
of Grant 4453 to Samuel
Smithers (Lot 14);
7. 36° 20' 232.33 feet along the remainder
of Grant 4453 to Samuel
Smithers (Lot 1B) to the
point of beginning and
containing an area of
1.625 Acres.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. This change in district classification is
conditioned upon the following: (A) the applicant, successors,
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B.) the applicant shall secure
Final Consolidation Approval of the subject properties within
one year of the effective date of the zone change; (C) the
applicant shall secure Final Plan Approval for the proposer.!
development within one year from the
date of receipt of Final
Consolidation Approval. To assure adequate time for plan
approval review and in accordant.-.:e with Chapter 25-244 (Zoning
Code), plans shall N; submitted to the Planning Department a
minimum of forty-five mays prior to the date by which Final
Plan Approval must be secured. Plans to be submitted shall
indicate existing and Z.iroposed z:tructur.es, parking associated
with the proposed commercial uses, driveway circulation and
landscaping. The applicant shall site the proposed commercial
structures and provide landscapinu for the purpose of
mitigating noise and visual impacts to adjacent properties;
(D) construction of the proposed development shall commence
within one year from the date of receipt of Final Plan Approval
and be completed within one year thereafter; (E) access to the
proposed development from the Keaau-Pahoa Road shall meet with
the approval of the Department of Public Works; (F) should any
unidentified sites or remains, such as artifacts, shell, bone
or charcoal deposits, human burials, rock or coral alignments,
pavings or walls be encountered, work in the affected area
shall cease and the Planning Department immediately notified.
Subsequent work shall proceed upon an archaeological clearance
from the Planning Department when it finds that sufficient
mitigative measures have been taken; (G) all other applicable
laws, rules, regulations, and requirements shall be complied
with; (H) should the Council adopt a Unified Impact Fees
ordinance setting forth criteria for the imposition of
exactions or the assessment of impact fees, conditions included
herein may, at the applicants' election, be satisfied by
performance in accordance with the requirements of the Unified
Impact Fees Ordinance; (I) should an Improvement District be
implemented for improvements to that portion of the Keaau-Pahoa
Road within the Pahoa Town proper, the applicant(s), its
successors or assigns shall automatically be a participant in
-3-
the Improvement District; (J) an annual progress report shall
be submitted to the Planning Director prior to the anniversary
date of the effective date of the Change of Zone. The report
shall address the status of the development and the compliance
with the conditions of approval. This condition shall remain
in effect until all of the conditions of approval have been
complied with and the Planning Director acknowledges that
further reports are not required; and~(K))an extension of time
for the performance of conditions within the ordinance may be
granted by the Planning Director upon the following
circumstances: 4)`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) 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 additioD.al year); and 5) if the
.applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
County Council for appropr.iz.7.te action. Further, should any of
the conditions not be met or substantially complied with in a
.t.iri1.1y fashion, the Director shall initiate rezoning of the
are.=i to its original or more appropriate desighati on.
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AMENDiNG SECT)" t aq 1&:~ %#6AH0 A "ZONE MAP)
ARTICLES 5, CHAPTeM ~2B (_Zp10 jiR1j cones) of 1-H
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CTION 3. In the event than. 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 M BER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: May 20, 1992
Date of 1st Reading: May 20, 1992
Date of 2nd Reading: June 3,_1992
Effective Date: June 15, 1992
APPROVEAS TO FORM AND LEGALITY:
~.4 CORP
TION COUNSEL
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tDEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAII
DATE: August 11, 2009
TO: BJ Leithead Todd, Planning Director
FROM: Department of Public Works
SUBJECT: CHANGE OF ZONE (REZ 716, PD Docket No. 91-000008)
Applicant: Hara Land Development
Request: Amendment to Conditions C and D of Ordinance No. 92-70
Tax Map Key: 1-5-14-.007
We have reviewed the subject application forwarded by your memo dated July 28, 2009
and offer the following comments for your consideration.
Construction of the subject development (proposed Pahoa Office Plaza) shall meet the
approval of the Department of Public Works.
We do not sanction the specific plans submitted with the application as they may be
subject to change given specific code and regulatory requirements.
Questions may be referred to Kelly Gomes at ext. 8327.
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Planning D6pt-
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DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAI4I
oGyTypFHAWPP~P 345 KE.KUANAO`A STREET, SUITE 20 HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
August 28, 2009
TO: Ms. BJ Leithead Todd, Planning Director
Planning Department w
FROM: Milton D. Pavao, Manager a
SUBJECT: CHANGE OF ZONE (REZ 716, PD DOCKET NO. 91-000008)
REQUEST: AMENDMENT TO CONDITIONS C AND D OF CHANGE OF
ZONE ORDINANCE NO. 92-70 APPLICANT: HARA LAND DEVELOPMENT
TAX MAP KEY 1-5-014:007
We have reviewed the subject request and have the following comments and conditions.
Water is still available from an existing 8-inch waterline within Pahoa Village Road fronting the
subject parcel and there are no existing services to the property. The current water availability
conditions in the area, which are subject to change without notice, allow for a maximum of 14 units of
water, at 600 gallons per day per unit, or a maximum daily usage of 8,400 gallons per day.
Please be informed that the applicant has not provided estimated water usage calculations, prepared by
a professional engineer licensed in the State of Hawaii, as requested in our May 24, 1991, letter to
your department regarding the original Change of Zone application.
The Department has no objection to the proposed change of zone, subject to the following conditions:
1. Prior to effecting a water commitment, the Department requests estimated maximum daily water
usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review
and approval. The water usage calculations should include the estimated peak flow in gallons per
minute and the total maximum daily water use in gallons per day.
Upon acceptance of the water usage calculations, the Department will determine the water
commitment deposit due, facilities charges to be paid, and water system improvements required for
water service.
2. The Departments Water System Standards require that a minimum flow of 2,000 gallons per
i
minute be available at the site for fire protection for commercial land uses. The existing 8-inch
waterline fronting the property is capable of providing a theoretical fire flow of 1,565 gallons per
minute. We recommend that the applicant consult the Fire Department for any fire protection
requirements or alternatives.
SCANNED.'
I .ter dringj program... SEP~O 1 7 ~
The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Dir ct P "'vil9 9 0
Msb BJ Leithead Todd, Planning Director
Page 2
August 28, 2009
3. A reduced pressure type backflow prevention assembly must be installed within five (5) feet of the
meter on private property and must be inspected by the Department before water service can be
activated.
4. Subject to other agencies' requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development, the applicant shall be responsible. for
the relocation and adjustment of the Department's affected water system facilities, should they be
necessary.
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning
Branch at 961-8070, extension 255.
Sin ely yours,
,pck 1 t D. Pavao, P.E.
l Man r
FM:dfg
Enc.
copy - (w/enc.) Hara Land Development
(w/enc.) Mr. Sam Ishigo, Pacific Pan Properties, Inc.
(w/o enc.) DWS Cross Connection Section
o
19
n
DEPARTMENT OF WATER SUPPLY ® COUNTY OF HAWAII
r`~FN~w~,,a! 25 AUPUNI STREET • HILO. HAWAII 96720
TELEPHONE (808) 969-1421 FAX (808) 9696996
May 24, 1991
To: Mr. Norman Hayashi, Planning Director
From: H. William Sewake, Manager
SUBJECT: CHANGE OF ZONE APPLICATION 91-8
APPLICANT: WALTER T. YAMAGUCHI
REQUEST: RS-15 TO CV-10
TAX MAP KEY: 1-5-14:7,8 AND 23
We have reviewed the subject application request. The application includes a copy
of a letter dated February 25, 1981 from your office to Mr. Gilbert Yamaguchi.
From your letter to Mr. Yamaguchi, it is our understanding that a portion of Tax
Map Key 1-5-14:23 was erroneously designated as RS-15. Because of the existing
land use of the property, the proper zoning designation should have been CV-10.
Further, with the consent of the owner, your office would initiate a zone change to
correct the error.
Regarding water system capabilities in the area, water services are being limited
to a maximum 1-inch water meter and 4,200 gallons per day per existing parcel with
the following conditions:
1. The current zoning designation of the parcel allows the proposed land use, or
2. If a change in the zoning designation is necessary, the water demands of the
proposed land use shall not exceed the lesser of:
a) the above-stated limitation, or
b) the water demand of a land use that would be allowed by the current
zoning designation.
This restriction is due to the limited flow capacity of the existing 8-inch
pipeline fronting the property.
We would have no objections to the subject request provided condition No. 2
outlined in the previous paragraph is satisfied. The applicant is required to
submit water demand calculations prepared by a registered engineer in order to
ensure compliance with this condition.
A Will * m Sewake
Manager
QA
cc: Mr. Walter T. Yamaguchi
Imata & Associates
Z--
Wafer Irinye progreaa..
1I
w" ? H ~n l ~t~
JNtYwOF Htw
William Kenos . Lono A. Tyson
Director
Mayor
*i cf•M?a+ Ivan M. Torigoe
_j T
Deoutv Director
Cnvuufv of
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street Hilo, Hawaii 96720
(808) 961-8083 Fax (808) 961-8086
http://co.hawaii.hi.us/directory/dir envmng.htm
MEMORANDUM
Date August 4, 2009
To BJ LEITHEAD TODD, Planning Director
From: LONO A. TYSON, Director
Subject: Change of Zone (REZ 716, PD Docket No. 91-000008)
Applicant: Hara Land Development
Request: Amendment to Conditions C and D of Change of Zone Ordinance No. 92-70
TMK: 1-5-14:7
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER COMMENTS:
( ~-f"No comments
( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5
of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii
County Code. Complete D.E.M. Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85
of the Hawaii County Code.
( ) Other:
SOLID WASTE COMMENTS:
( ) No comments
( Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
(')Q Ample and equal room should be provided for rubbish and recycling.
Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or
other suitable diversion programs.
Construction and demolition waste is prohibited at all County Transfer Stations.
(>Q) Submit Solid Waste Management Plan in accordance with attached lines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department un current status
( ) Other: 3 k._$ ~ ' ( g
3 ...1 l rif 1
i, 1
cc: SWD,°r" 119930~ 7'"` 1
71
Exhibit
County of Hawaii is an Equal Opportunity Provider and Employer.
JMtY~OF t'~h•
William P. Kenoi Lono A. Tyson
Mayor Director
Ivan Torigoe
,Tf OF'MF,~
Deputy Director
(IT
~T
~t ~Ct~t
X.U111UN
~O 4,
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawaii 96720
(808) 961-8083 • Fax (808) 961-8086
http://co.hawaii.hi.us/directory/dir envmng 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 developments waste management system, including the number of
County of Hawaii is an Equal Opportunity Provider and Employer.
Solid Waste Manageme )Ian Guidelines 2
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 require additional information, please contact Michael Dworsky, P.E., Solid Waste
Division Chief at 808-961-8515.
CONCUR:
` . I
Lono A. Tyson
DIRECTOR
County of Hawai' i is an Equal Opportunity Provider and Employer.
I
of"SY OF H'4Y
William P. Kenoi Harry S. Kubojiri
Mayor Police Chief
' _
Paul K. Ferreira
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii 96720-3998
(808) 935-3311 Fax (808) 961-8865
August 7, 2009
TO BJ LE EAD TO D PL~G DIRECTOR
FROM D D. P CH CO, ASSISTANT POLICE CHIEF
AREA I OPERATIONS
SUBJECT: CHANGE OF ZONE (REZ 716, PD DOCKET, NO. 91-000008)
APPLICANT: HARA LAND DEVELOPMENT
REQUEST: AMENDMENT TO CONDITIONS C AND D FOR
CHANGE OF ORDINANCE; TMK: 1-5-14:7
Staff, upon reviewing the provided documents and visiting the proposed site,
does not anticipate any significant impact to traffic and/or other public safety
concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions or concerns, please contact Captain Steven Guillermo
of the Puna District at 961-2214.
SG/Ili
Planning D6pt.
Exhibit
SCANNED
1. i. 2009
li
Bey : 0 1
VN%'I of
William P. Kenoi°'~``'"
Mayor Darryl J: ;Oliveira
Glen P. L Honda
Deputy Fire Chief
C DUr~tp flfwf`g
HAWAII FIRE DEPARTMENT
25 Aupuni Street . Suite 103 • Hilo, Hawaii 96720
(808) 981-8394 9 Fax (808) 981-2037
July 31, 2009
TO: BJ LEITHEAD TODD, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 716, PD DOCKET NO. 91-0000081
APPLICANT: HARA,LAND DEVELOPMENT
REQUEST: AMENDMENT TO CONDITIONS C AND D OF CHANGE OF ZONE
ORDINANCE NO. 92-70 .
TAX MAP KEY: 1-5-14:7
In regards to the above-mentioned Change of Zone application, the (611olvin shall be in
g accordance:
Water supply shall be in accordance with UFC Section 10.301(c):
"(c) Water Supply. An approved water supply capable of supplying required fire flow for fire
protection. shall be provided to all premises upon which buildings or portions of buildings are
hereafter constructed, in accordance with the respective county water requirements. There shall
be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the
required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other taxed
systems capable of providing the required fire 11ow.
"The location, number and type of fire hydrants connected tc, eater supply capable of delivering
the required fire flow shall be protected as set forth by the respective county water requireinen ..s.
A.11 hydrants shall be accessible to the fire department- apparatus by roadways meeting the
requirements of Section 10.207.
Planning
Exhibit
AR YL L
AV ; RA
Fire Chief
G'A:lpc ' ~Awgp
Hawai'i County is an Equal Opportunity Provider and E`nPltJ 1ax ~R~~`
c 4OJMt r ` H~~'i'
iP ( , -
William P. Kenoi Stephen J. Arnett
Mayor Housing Administrator
7a ~rF O•f•M!"~
f `%a
PH', o~~a~aff
OFFICE OF HOUSING AND
COMMUNITY ,DEVELOPMENT
50 Wailuku Drive • Hilo, Hawai'i' 96720-2484
V/TT (808) 961-8379 • FAX (808) 961-8685
July 31, 2009
MEMORANDUM
TO: Bobby-Jean Leithead Todd
Planning Department
FROM: Stephen J. Arnett
Housing Administra r~
SUBJECT: Change of Zone (REZ 716, PD Docket No. 91-000008)
Applicant: Hara Land Development
Request: Amendment to Conditions C and D of
Change of Zone Ordinance No. 92-70
Tax Map: (3) 1-5-014:007
The Office of Housing and Community Development has reviewed the
application and determined that Affordable Housing Conditions are
applicable to the subject request. Should residential uses be
implemented at a later date, then Affordable Housing Requirements
would become applicable at that time.
Thank you for the opportunity tqf'comment.
Plan a 1.
Exhib.
G:\PLANNING\1842pasr.doc ~.i wwr
SCANNED EQUAL HOUSING OPPORTUNITY
"HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY
r 6~ 3 gnOn 1 PROVIDER AND EMPLOYER"
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STATE I-IISTORIC PRBSERVA171ON DIVISION SIA i? PARK.
601 KAMOKILA BOULEVARD, ROOM 555
KAPOLEI, HAWAII 96707
July 22, 2009
Mr. Sam Ishigo LOG NO: 2009.2509
Pacific Pan Properties, Inc. DOC NO: 0907TD19
P.O. Box 8 Archaeology
Honomu, Hawaii 96723
Dear Mr. Ishigo:
Subject: Chapter 6E-42 Historic Preservation Review -
Amendment to Conditions C & D of Hawaii County Zoning Ordnance t • .F'
Waiakahiula 2nd Ahupua'a, Puna District, Island of Hawaii
T MK: (3) 1-5-14: 07
Thank you for requesting our review of the subject zoning amendment, which was received in our office
July 9, 2009. The request pertains to a zoning amendment to allow construction of two single-story office
buildings and parking facilities within the 1.6-acre parcel. The property is 16cated within the Pahoa
Historic District (S.IHP 50-1.0-55-7333); however there are no extant buildings or other evidence of
historic properties present. The parcel is the site of a former service station that has since been
demolished, and the area has been .impacted by underground tank removal. Former dwellings once present
- demolished circa 1970-30.
We determine that no historic properties will be affected by this project because:
? Intensive cultivation has altered the land
® Development/urbanization has altered the land
® Previous grubbing/grading has altered the land
? An accepted archaeological inventory survey found. no historic properties in this project area
? SHPD previously reviewed this project area and mitigation has been completed
? Other:
In the event that historic resources, including human skeletal remains, lava tubes, and lava
blisters/bubbles are identified during the construction activities, all work should cease in the immediate
vicinity of the find, the find should be protected from additional disturbance, and the State Historic
Preservation Division, Hawaii Island Section, should be contacted immediately at (808) 933-7653. Please
contact Theresa K. Donhatn at (808) 933-7653 if you have any questions or concerns regarding this letter.
Aloha,
heresa K. Donham, Lead Archaeologist ~ _
Hawaii Island Section A
NNF_D
Historic Preservation Division R n Iro
RHaraDev-AmendREZ716 jwd 09-10-09
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
HARA LAND DEVELOPMENT
AMENDMENT TO CONDITION B OF CHANGE OF ZONE ORDINANCE NO. 92 70
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 Conditions C & D, and related conditions of Ordinance No. 92 70. 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, Hara Land Development, is requesting a 5-year time extension to
comply with Condition C (secure Final Plan Approval) and Condition D (construction
timeline) of Change of Zone Ordinance No. 92 70, which rezoned 1.625 acres of land
from a Single-Family Residential - 15,000 square feet (RS-15) to a Village Commercial -
10,000 square feet (CV-10) district. Condition B states:
"the applicant shall secure Final Plan Approval for the proposed development within one
year from the date of Receipt of Final Consolidation Approval. To assure adequate time
for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans
shall be submitted to the Planning Department a minimum of forty-five days prior to the
date by which Final Plan Approval must be secured. Plans to be submitted shall indicate
existing and proposed structures, parking associated with the proposed commercial uses,
driveway circulation and landscaping. The applicant shall site the proposed commercial
structures and provide landscaping for the purpose of mitigating noise and visual impacts
to adjacent properties."
Condition D states:
-1-
"constriction of the proposed development shall commence within one year from the
date of receipt of Final Plan Approval and be completed within one year thereafter."
The original owner, Walter T. Yamaguchi, was granted a change of zone from
RS-10 to CV-10 to allow the establishment of various automobile-related businesses
including, but not limited to, a full service auto and truck repair shop, auto parts
warehouse/retail outlet and a body & fender shop. The property was previously the site of
the Pahoa Gas-N-Go service station, which has since been demolished. The proposed
various automobile-related businesses was not constructed by the original owner and the
property is currently vacant of uses and structures.
The property was sold in 2000 to Hara Land Development with the intention to
build a new Pahoa Cash and Carry. The applicant now intends to build the Pahoa Office
Plaza.
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. Hara Land Development purchased the
property with the intention to build a new Pahoa Cash and Carry. As a result of several
conditions beyond their control, including the changed economic situation, the delay in
completing the plans for the Pahoa Cash & Carry project, and the opening of the Malama
Market and other similar commercial stores in the area, the applicant has decided to
shelve their previous plans to relocate the Pahoa Cash and Carry store on the property
and requests a 5-year time extension to construct the a new Pahoa Office Plaza.
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
has 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. Although the
project concept has changed, the amendment request is not contrary to the original
reasons for granting the change of zone from RS-15 to CV-10. The new applicant is now
proposing to construct an office building called the Pahoa Office Plaza.
-2-
Additionally, the Puna Community Development Plan was adopted by the Hawaii
County Council, Ordinance 08 116, on September 10, 2008. The project site is located
within the Pahoa Regional Town Center, which is expected to include a mix of uses
including office commercial uses. 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 92 70 be forwarded to the County Council. The
accompanying draft bill reflects the recommended amendments to conditions of Ordinance No.
92 70. (Material to be deleted is bracketed and strike through and material to be added is
underscored).
-3-
OJN~Y OF N~w
COUNTY OF HAWAII STATE OF HAWAII
~rt•oF•N,a+
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 92 70 WHICH RECLASSIFIED LANDS
FROM SINGLE FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) TO VILLAGE
COMMERCIAL - 10,000 SQUARE FEET (CV-10) AT NANAWALE HOMESTEADS,
PUNA, HAWAII COVERED BY TAX MAP KEY 1-5-014:007.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 92 70 is amended as follows:
"SECTION 1. Section [25 107] 25-8-26, Article [318 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 Nanawale
Homesteads, Puna Hawaii, shall be Village Commercial - 10,000 square feet (CV-10):
SECTION 2. [
In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition) the
County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
Protection of the public from the potentially deleterious effects of
the proposed use, or
Fulfillment of the need for public service demands created by the
proposed use.
[A. the applioant, its sueoessors or- assigns shall be responsible for- eemplying with all
of the stated e „dit;,,rs of appt!o a
of the Jl
B. the appliearA shall se6ure Final Consolidation Approval of the subje6t pfE)peftiC-S
`v`r.;t,,;,, ~ vu° y of the of~ etive dated of the zone ehange
Within o ~
G. the applioant shall seeu+e Final Plan Appr-oval faf the proposed development
wit-bin one yeaf fFom the date of Re6eipt of Final Consolidation Approval. To
assufe adequate time for- plan appr-oval review and in aeeeFdanee with Chapter- 25
244 (Zoning zCode)7 y plan"........, shall ti be s„1,ml~..vu the Planning tted t^ to the T ,-t t
~~........b .~....uu-
minimum of fei4y five days prior- to the date by whieh Final Plan Approval must
be seeufed. Plans to be submitted shall indieate existing and proposed 7
parking arrn~....~.... ..l~rr the .,to,, with the "1 uses, driveway 1 t' and
Y"""~` proposed VV111V1 V1(~
landsoaping. The applieant shall site the proposed eonmnereial stmetur-es an
"'1; "t properties.
D. eonstmetion of the proposed development shall eoimimenee within one year- ffem
the, d-ate of r-eeeipt of Final Plan Approval and be completed within one ye
izher-°ea er-..
E. aeeess to the pr-aposed development from the Keaau Pahoa Road shall ffleet with
the approval of the DepaAment of Publie WoAc-,.
F. should any unidentified sites stleh as 7 7 shefl, bone, or- ehareoal
deposits, human ek , .,l " u1;ra.•"net"7 „ walls b
v 1"uaau•"""1 l.~7 ievl~ vi vvlr ua
7 wer-k in the affeeted area shall eease and the Planning Depaftment
immediately notified. Subsequent wer-k shall preeeed upon an afehaeologieal
elear-anee from the Planning DepaFtment when it finds that suffioient mitiga4iv
meas res hwye been taken.
laws, G. all other- applieable rdles, 7
-ements shall be eomplied'
with,
H. should the Couneil adopt a Unified Impaet Fees Or-dinanee setting forth or-iter-i
-2-
v
l'e eleet;.,,~Vll, h VV satisfied ~"1ZA'.T.
liivitAUV~,a herein 1„'lefl b1erein may, at the applicants' "t tui
vaVVll .ai by by rir peYZ fVl11--
?N'^~ 12
-;t>7 the _ _ Unified i-. At^f the r 1 . vivt c Fees n vrd
ter _ d~.~__--ance••, the uiraalc•c-.
an hnproveffient Distriet be implemented for- improvements to that portion of the-
Keaa„ Pahou Road thin the Dal ow Town thv applicant(s), 't
u.u.u 1 u.uvwithin ,auuia caav 1 u.iiv proper-, ua
T m annual progress r A shall h submitted c tV the e Dla g Direetof prior- t th
al
anniversary date of onaetment of the Change of Zone. The repoi4 address th-e
status of the eemplianee itch the eendici63s orapproo al.ThisC-A3dltion shall
i eff-eet until all of the eenditions of approval have been complied with
and the Planning Direeter- aeknowledges that Anther- repe.-ts are not r-equifed.
K. an extension of time for the per-fomanee of eenditions within the or-dinanee may
be gau.lacvu v the Planning granted b y the Pl.,,•.,ing the following eireumstanees:
v
1) the non per-fannanee is the result of eenditions that eould not haVe been.
foreseen or- are beyond the eantrol of the > sueeess >
and that are e v not of ~ ~i e111 1- fault of r1 '
and that the v result of L1 th1V 1CLUll Vl~1rrgA1:IGe.
7l th l Plan aYn-„--ti_-ng a of of the the time extension would not . v he vv.. vitY i~ t iV the General 1 11L11 Vl
Zoning Code-.
3) grinnAing of the time extension would not be eentrary to the original-
re. for the g-.,,-,t;,„, of the Ch. ge of Zone.
4) the tifne extension granted shall be for- a pe-fied not to exeeed the perie
original!), granted €e fennanEe (i.e., a nd t'"" to b" -F e within
one year- may be extended for up to one additional year), an
5) itt the appiieant should require anadditional extension of tim 414--e
Planning Dir-eetor- shall submit the r
r,,uneil fef appropriate a^t;^~
v V uuvrl lVl
7 should any of the oonditions not be met er- substantial!), eomplied with ifl
a timely fashion, the Direetor shall initiate rezoning of the area to its original 0
=more appropriate designation.]
-3-
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy" to the Department of
Water Supply within one hundred and eighty days from the effective date of this
ordinance.
C. Construction of the proposed improvements and related improvements shall be
completed within five (5) years from the effective date of this amendment. This
time period shall include securing 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 CV zones adjoining a RS
zone.
D. All driveway connections to Pahoa Village Road shall conform to Chapter 22,
County Streets, of the Hawaii Count Code.
E. A drainage study, if required, shall be prepared by a licensed civil engineer and
submitted to the Department of Public Works prior to receipt of Final Plan
Approval. Any recommended drainage improvements, if required shall be
-4-
constructed meeting with the approval of the Department of Public Works prior to
receipt of a Certificate of Occupancy.
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. 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 (HOPI). The fair share contribution shall have a combined
value of $7,698.11 per multiple family residential unit ($11,996.63)Ler 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;
-5-
I
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 Count ty pport road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
H. 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.
1. 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.
J. The applicant shall comply with all applicable County, State and Federal laws
rules, regulations and requirements.
-6-
K. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
be limited to, the status of the development and to what extent the conditions of
gproval are being complied with. This condition shall remain in effect until all
of the conditions of approval have been complied with and the Planning Director
acknowledges that further reports are not required.
L. 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.
M. 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
gppropriate 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 1 st Reading:
Date of 2nd Reading:
Effective Date:
-7-
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-107 (PA!-I(-DA ZONC MAP)
AI?TiCLM '5, CHAIr'TMM -:Zw (ZONING coom) of THE
HAWAII COUN`T`Y CODE W)" CFiAN4511443 THE
DIS-rRICT CL.ASJI?ofCATION I=MOM SINBic- FAMILY'
IRM131DENTIAL (M" -I3) TO VILLAGE C0MME?QCi^L_
(CV-10) AT NANAWAt.1= HOMESTM^00, PUNA, HAWAII.
PREPARE=D BY = P~-ANNINt~ U~f°A14TMLNT
Gcur47Y or- HAWA11
TMK 1- 5 - ii4 a 7,13 AND 2:3 (poR_~ f~813 - la, 1ner-2
EXHIBIT "All ~WALT>=1Q T_ YAI+rAGUC}11~