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Home My WebLink AboutCOM 0951.000 2008-2010 OJ � S V I O i M .` ?-* *, yl:; William T. Takaba William M P. Kenoi ; • *. • p .� •_ • 1,.•: Managing Director Mayor R 1.°,7__-__ ms o Wally Lau �• •. N -. M r Z or N; Deputy Managing Director County of Hawaii 25 Aupuni Street • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961 -6553 KONA: 75 -5722 Hanama Place, Suite 102 • Kailua -Kona, Hawaii 96740 (808) 327 -3602 • Fax (808) 326 -5663 September 21, 2010 - 1 _ _, r .:w Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai`i '-'' 25 Aupuni Street Hilo, HI 96720 - '`' Dear Chairman Yoshimoto and Members: Change of Zone Ordinance No. 08 -39 (REZ 07- 000073) Applicant: Jin Soo and Ran Hui Iida Request: Delete Condition D (Restrict Uses Allowed in CN Zoning District to Personal Services, Residential, and Residential Related) Tax Map Key: 2 -2- 40:121 As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above - referenced request. Sincerely, , ,.. loo t C____---- William P. Kenoi Mayor Enclosures cc: Planning Department < eit 11 30a> Comas No, q S Ref. Tot — P L Ref. Date, SEP 22 2010 � HMO • ... �T[ . MAC County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 September 21, 2010 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Ordinance No. 08 -39 (REZ 07- 000073) Applicant: Jin Soo and Ran Hui Iida Request: Delete Condition D (Restrict Uses Allowed in CN Zoning District to Personal Services, Residential, and Residential Related) Tax Map Key: 2 -2- 40:121 The Windward Planning Commission, after a duly held public hearing on September 1, 2010, voted to recommend for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 08 -039 which changed the district zoning of the subject 23,559 square foot property from Single - Family Residential — 10,000 square feet (RS -10) to Neighborhood Commercial — 20,000 square feet (CN -20). The amendment request is to delete Condition D that restricts uses on the property to personal services, residential and residential- related. The property is located along the west side of Kilauea Avenue - Puianako Street intersection, Waiakea Homestead Houselots, Waiakea, South Hilo, Hawai`i. The Planning Director recommended that an unfavorable recommendation to delete Condition D of Ordinance No. 08 39 be forwarded to the County Council and a favorable recommendation be forwarded to the County Council to amend Condition D to allow restaurants as a permitted use within the CN zoning district. The Commission did not concur with the Planning Director's recommendation and stated that as Hilo continues to grow towards the south of town, there will be additional demand for commercially -zoned lands in this area. Therefore, the Commission felt that it would be more appropriate for the area where the subject property is located to be designated Medium Density Urban in the General Plan LUPAG Map rather than its current Low Hawai`i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 Density Urban designation because it is surrounded on three sides by areas designated Medium Density Urban. For your favorable consideration, an amendment to Ordinance No. 08 -039 is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation as well as a transcript of the hearing for your information. Sincerely, Rell Woodward, Chairman Windward Planning Commission Liidarez07- 073wwpc2 Enclosures cc: Jin Soo and Ran Hui Iida Department of Public Works Department of Water Supply Amy Self, Esq., Corporation Counsel BIidaM endREZ.doc 8/11/10 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JIN SOO AND RAN HUI IIDA AMENDMENT TO CHANGE OF ZONE ORDINANCE NO 08 39 (REZ 07 -73) JIN SOO AND RAN HUI IIDA have submitted an application to amend Change of Zone Ordinance No. 08 39, which changed the zoning district of the subject 23,559 square -foot property from Single - Family Residential - 10,000 square feet (RS -10) to Neighborhood Commercial- 20,000 square feet (CN -20). The amendment request is to delete Condition D, which restricts uses on the property to personal services, residential and residential - related. The property is located along the west side of Kilauea Avenue, approximately 420 feet south of the Kilauea Avenue - Puainako Street intersection, Waiakea Homestead Houselots, Waiakea, South Hilo, Hawai`i, TMK: 2- 2- 40:121. REQUEST 1. Request and Reasons for Request: The applicants are requesting to delete Condition D of Ordinance No. 08 39, which states: "As represented by the applicants, the site shall be restricted to personal services, residential, and residential - related uses as described in the CN district (Section 25 -5 -102). Any other uses would be subject to an amendment. Restrictive covenants in the deed of the subject properties shall give notice of this restriction." The applicant requests the deletion of Condition D in order to allow them to relocate their seed/snack shop to the subject property. The shop, known as 5- Spice, has been operating for 25 years at the Puainako Center. However the applicant's lease, which expires in December 2011, will not be renewed. Thus they are proposing to expand the existing 500 square foot dwelling to 1,500 square feet to accommodate the re- location of the seed /snack shop. (Planning Department Exhibit 1- Applicant's letter dated May 28, 2010 and attachments) BACKGROUND INFORMATION 2. Change of Zone Ordinance No. 08 39: The subject property was rezoned in 2008 from a Single- Family Residential — 10,000 square feet (RS -10) to a Neighborhood Commercial — 20,000 square feet (CN -20) zoning district to allow the applicant's to convert a 768 square -foot dwelling into a beauty salon and relocate their business, known as Lani's Beauty Salon, from Puainako Center to the subject property. 3. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Low Density Urban. A color map showing the LUPAG map boundaries in relation to the property is attached as Planning Department Exhibit 2. These boundaries are not exact, as explained by the Planning Director's Staff Memo No. 07 -19 attached as Planning Department Exhibit 3. 4. Surrounding Land Uses /Zoning: Immediately surrounding properties are zoned RS -10. Uses consist mainly of single- family dwellings. On the adjacent property to the north is a property zoned RS -10 with several dwellings. Further north are properties zoned CN -10, which are the locations for Maebo Noodle Factory and Kai's Store. To the west are properties zoned RS -10 consisting of single family dwellings. The adjacent property to the south is Klein's Chiropractic Center, which was approved under Use Permit No. 39 in 1986. To the east is Kilauea Avenue with single - family dwellings across the street. Further east is the Puainako Town Center which is zoned CN -10. AGENCIES' COMMENTS 5. Department of Environmental Management: P.D. Exhibit 4 — June 18, 2010 memo 6. Department of Water Supply: P.D. Exhibit 5 — July 12, 2010 memo 7. Police Department: P.D. Exhibit 6 — June 25, 2010 memo 8. Fire Department: P.D. Exhibit 7 — June 24, 2010 memo 9. Department of Health: P.D. Exhibit 8 — June 24, 2010 memo AGENCIES - NO COMMENTS /CONCERNS 10. Department of Public Works. PUBLIC COMMENTS 11. None as of this writing. -2- May 28, 2010 41 tt..t i. 31 Bobbie Jean Leithead Todd, Director 43 Department of Planning County of Hawaii 101 Pauahi Street Hilo, HI 96720 RE: Requesting Amendment to Ordinance 08 -39 Dear Director Leithead Todd: We are requesting an amendment to Ordinance 08 -39, which amended Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition We are asking that Condition D of the ordinance be deleted in its entirety, to allow us to utilize the property for those uses that are permitted for the current Neighborhood Commercial (CN) zoning status. (See attached) We are the proprietors of "5- Spice ", a small seed shop /snack shop, currently located across the street in the Puainako Center. Our shop has been owned and operated by our family since 1985. We have been in the same location for 25 years. We now need to re- locate our shop to the subject property, as our lease at the Center will not be renewed. We must vacate the premises by December 2011 when our lease expires. We would like to expand the existing 500 square foot dwelling on our property to 1500 square feet. This building will house our commercial kitchen in which we will prepare our bento and snacks, a storage area, and retail space for our current operation. (You will please note that retail establishments and shops that sell food and snacks are permitted uses within a CN district.) All other conditions of the re- zoning would remain. Thank you for your consideration in this matter, please feel free to call us if you have any questions. 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(5 . __.1 IN -- A • ' it • t— i 1 : - :f4 7.4 ) i p Fi . . : - - •' • 1 ' • • 2:75, r7 • . • = g ro — c - V I . . • ' . , ti. 1 T " • . •fit ` k'' COUNTY OF HAWAII '�'� �' STATE OF HAWAII .. 48 .'� BILL NO. 239 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL 20,000 SQUARE FEET (CN -20) AT WAIAKEA, SOUTH HILO, HAWAII, ' COVERED BY TAX MAP KEY 2- 2- 040:121. 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 Hawai`i 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, South Hilo, Hawai`i, shall be Neighborhood Commercial 20,000 square feet (CN -20): Beginning at the southeast corner of this parcel of land, also being the northeast corner of Lot 13 -A, Block 502, and on the west side of Kilauea Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI being 8,570.69 feet South and 9,735.36 feet East and thence running by azimuths measured clockwise from true South: 1. 85° 40' 00" 242.00 feet along Lot 13 -A, Block 502; 2. 175° 40' 00" 97.35 feet along Lot 14, Block 502; 3. 265° 40' 00" 242.00 feet along Lot 15, Block 502; 4. 355° 40' 00" 97.35 feet along the east side of Kilauea Avenue to the point of beginning and • containing an area of 23,559 Sq. Ft., more or less. -1- All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with the "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance. C. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) standards for CN zones adjoining a RS zone. -2- D. As represented by the applicants, the site shall be restricted to personal services, residential, and residential - related uses as described in the CN district (Section 25- 5 -102). Any other uses would be subject to an amendment. Restrictive covenants in the deed of the subject properties shall give notice of this restriction. E. Access to Kilauea Avenue shall be limited to a single location and shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. A 10 -foot wide future road - widening strip along Kilauea Avenue shall be delineated on the plans submitted for Plan Approval review. The 10 -foot future road widening section and roadway improvements along Kilauea Avenue shall be subdivided and dedicated to the County of Hawaii within five (5) years from the effective date of this ordinance. G. The applicants shall provide full improvements to the entire frontage along Kilauea Avenue consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. Improvements shall be located within the future road - widening setback as established by the Planning Department and be completed within five (5) years from the effective date of this ordinance. H. The applicants shall also install street lights and traffic controls as required by the Traffic Division, Department of Public Works. The applicants shall be responsible for the design, purchase, and installation of such devices. These improvements to Kilauea Avenue shall be completed prior to a Certificate of Occupancy. -3- The height limit shall be 35 feet as allowed in the Single - Family Residential (RS) district. J. All development - generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. L. if the applicants, successors, or assigns develop residential units on the subject property, the applicants 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 $7,043.62 per multiple family residential unit ($10,976.69 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. -4- The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,474.42 per multiple family residential unit ($5,293.15 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $109.81 per multiple family residential unit ($255.34 per single family residential unit) to the County to support police facilities; 3. $337.78 per multiple family residential unit ($504.33 per single family residential unit) to the County to support fire facilities; 4. $150.55 per multiple family residential unit ($220.80 per single family residential unit) to the County to support solid waste facilities; and 5. $2,971.05 per multiple family residential unit ($4,703.06 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements /facilities related to 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. -5- M. 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. N. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, if applicable, the applicants shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code 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. 0. An Emergency Response Plan shall be submitted to the Hawaii County Civil Defense Agency for review and approval prior to the issuance of a Certificate of Occupancy. P. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. Q. 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 approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. R. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -6- 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). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicants's request to the Planning Commission and County Council for appropriate action. S. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -7- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: JA fa. _w ... COUNCIL MEM VR, COUNTY •AWAI`I Hilo , Hawai`i Date of Introduction: March 12, 2008 Date of 1st Reading: March 12, 2008 Date of 2nd Reading: March 25, 2008 Effective Date: April 11, 2008 REFERENCE: Comm: 1002 -8- r., RS -10 RSdD - CN 40 �� f Y w W PUAINAKO ST 1 E PUAINAKO ST RS -10 cN -10 / RS -10 CN -10 RS -10 SINGLE FAMILY RESIDENTIAL to nne SQUARE FEET (RS -10) Cif! i0 _ TO NEIGHBORHOOD COMMERCIAL CG 0 ?- SQUARE FEET (CN -20) 1 / 23,559 SQ. FT. RS -10 RS -10 o I i I I R,y RS • 10 w V 8,570.69 S 9,735.36E g "HALAI'a R ` — CG -20 RS-10 CN -10 RS -10 N ' a _ _ J () 1 RS -10 W \ - E 30 -x - ` s2 _1 CN•10 a S - RS -10 RS -10 CN -10 RS -10 CN-10 RS -10 RS -10 290 145 0 290 580 870 1,160 1,450 ...�. Feet 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 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL 10,000- SQUARE FEET (RS -10) TO NEIGHBORHOOD COMMERCIAL 20,000- SQUARE FEET (CN -20) AT WAIAKEA, SOUTH HILO , HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 2 -2- 040:121 Date: October 22, 2007 EXHIBIT "A" (Jinsoo P. & Ran Hui P. Iida:1237) • OFFICE OF THE COUNTY CLERK County of Hawai`i Hilo, Hawai`i C'I • " :. -._) Introduced By: K. Angel Pilago ZON A ABS EX Date Introduced: March 12, 2008 T C First Reading: March 12, 2008 Ford Published: March 22, 2008 Higa COUNI • I ' . " "1 X Hoffmann X REMARKS Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 7 0 2 0 Second Reading: March 25, 2008 To Mayor: April 3, 2008 ROLL CALL VOTE Returned: April 11, 2008 AYES NOES ABS EX Effective: April 11, 2008 Ford X Published: April 19, 2008 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted b the County Council published as indicated above. 1 I I I I I ri 111 EN 1 I II -41 APPROVED AS TO 0' NINI: 1 FORM A • LEGALITY: COUNCIL CHAIR it , *It AIWA DEPUTY C• " •RA ION C•UNSES �J ^ COUNTY O' HAWAII �• / COUNTY LERK Date APR - 4 2008 239 Bill No.: +� Reference: C- 1002/PC -71 Disapproved this 1 � day Ord No.: QS 3 ► r 20 0 I 1 • YOR, ' Y OF HAWAII ZONING § 25 -5 -100 Division 10. CN, Neighborhood Commercial Districts. Section 25 -5 -100. Purpose and applicability. The CN (neighborhood commercial) district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. This district is distinguished from a central commercial district which provides general business and broad services to a city or region. (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) Section 25 -5 -101. Designation of CN districts. Each CN (neighborhood commercial) district shall be designated by the symbol "CN" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) Section 25 -5 -102. Permitted uses. (a) The following uses shall be permitted in the CN district: (1) Adult day care homes. (2) Automobile service stations. (3) Bed and breakfast establishments, as permitted under section 25 -4 -7. (4) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (5) Business services. (6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (7) Churches, temples and synagogues. (8) Community buildings, as permitted under section 25 -4 -11. (9) Convenience stores. (10) Crop production. (11) Day care centers. (12) Dwellings, double - family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (13) Dwellings, multiple - family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (14) Dwellings, single - family. (15) Family child care homes. (16) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and /or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (17) Financial institutions. (18) Group living facilities. (19) Home occupations, as permitted under section 25 -4 -13. (20) Medical clinics. (21) Meeting facilities. (22) Model homes, as permitted under section 25 -4 -8. (23) Mortuaries. (24) Museums. (25) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (26) Offices. 25 -69 § 25 -5 -102 HAWAII COUNTY CODE (27) Personal services. (28) Photography studios. (29) Public uses and structures, as permitted under section 25 -4 -11. (30) Repair establishments, minor. (31) Restaurants. (32) Retail establishments. (33) Schools. (34) Telecommunication antennas, as permitted under section 25 -4 -12. (35) Theaters. (36) Utility substations as permitted under Section 25 -4 -11. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CN district, provided that a use permit is issued for each use: (1) Crematoriums. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the CN district. (1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.) 3 allt a G .,- �. i 9 1 r _ 5. t 4 4. 4 t t 11 . " ; i L j 2 e .s . . v °` r r- � •� � � ..� P .. , m ' � � ` � - - � i fir 3 "' ,;;,1, I 1,;.; I j j i -.. .. --1,.. ,. S _ . A [ i ' S F p S J ._. _ .._"" Jp O W ' Exert - •1. l _ { { � " i � 1 S q s ; �'+ 1 4 ,tee.^ i ' 1 } ; ; j __ - } j • « i 3 • Z L .� ; i _ i . > " ■ GENERAL PLAN LUPAG MAP YELLOW ='LOW DENSITY URBAN ORANGE= MEDIUM DENSITY URBAN Plannin Dep . Exhibit Zs ..OJNtY•M'�k • . or Harry Kim . � 4. \ . '�'/ Christopher J. Yuen . ",:/� ' "ayor Director +TE 6s•N�'`� ' Brad Kurokawa, ASLA LEED® AP & rn dt f An nt Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 -4224 (808) 961 -8288 • FAX (808) 961 -8742 MEMORANDUM NO. 07 -19 September 18, 2007 TO: PLANNERS AND EM's FROM: CHRISTOPHER J. YUEN eg PLANNING DIRECTOR SUBJECT: GENERAL PLAN LUPAG MAPS This staff memo is to discuss when land use applications should be rejected for inconsistency with the General Plan LUPAG map. The alternative is to process the application for final decision by the Planning Commission or the County Council, but with a negative recommendation. This memo mainly applies to rezonings and SMA permits. It is an issue that sometimes comes up when staff is doing an initial review of such applications. The county charter, sec. 3- 15(b), says that "no public improvement or project, or subdivision or zoning ordinance, shall be initiated or adopted unless the same conforms to and implements the General Plan." Attached to this staff memo is a Corporation Counsel memorandum giving the legal basis for the Planning Director refusing to process a rezoning application and SMA permit application based upon inconsistency with the General Plan. The 2005 General Plan makes it clear that any rezoning must be consistent with the LUPAG map, on p. 14 -4. With respect to the SMA, the case of Gatri v. Blane, 88 Haw. 108(1998) makes it clear that an SMA permit must be consistent both with the General Plan and with the zoning. So, for example, we have areas in Puako which are zoned V- 1.25, allowing one unit per 1250 square feet of land, potentially 35 units per acre, but which are "low density urban" in the LUPAG map. Any SMA permit would be limited to the 6 units /acre limit under the criteria for "low density urban ". To take another Planning Dept. Exhibit 3 Hawai `i County is an Equal Opportunity Provider and Employer. PLANNERS AND EM's Page 2 September 18, 2007 example, Punalu'u is a "minor resort" in the General Plan, with a limit of 500 visitor units, so any SMA permit would have to be limited to that, although the zoning potentially allows more units. The problem with determining consistency with the LUPAG map comes up because in most cases, the boundaries on the LUPAG map were not meant to be exact. Attached to this memo is letter dated April 27, 2001, explaining this and giving examples. This letter was also made a part of Staff Memo 2001 -40. This letter remains valid with the 2005 General Plan. All planners should read and try to understand it. To give a typical example, the General Plan will show an area of low density urban or alternate urban expansion around a town like Hawi or Waimea. This gives the general guidance that further urban development should grow outward from the existing developed area of the town, or in vacant infill areas, and gives an idea of the extent and scale, but it was not meant to be exactly scaled off to create an absolute boundary. The fact that the LUPAG is now on GIS and shows exact locations gives a false precision to the map. The GIS was digitized from the 1989 LUPAG map, which is at a scale of about 1"= two miles, and was not, in most cases, meant to depict absolute boundaries. This means that it is often possible to reasonably interpret an area as being in low density urban or medium density urban, for example, and either could be correct. There are exceptions to the concept that the LUPAG map lines are not absolute boundaries, which are discussed in the April 27, 2001 letter: for example, when they go along identifiable streets or when the property was originally put into the LUPAG map by a specific metes - and - bounds interim amendment. This being the case, we should reject applications for inconsistency with the LUPAG map only in very clear cases where there are no boundary issues. An example would be an industrial zoning in an area where there was no industrial designation on the LUPAG, or residential zoning within what is clearly an industrial area. Otherwise, we should process the application, with an unfavorable recommendation, explain our reasons for concluding that the application is not consistent with the LUPAG, and let the Council or Planning Commission make the final decision. We should also explain other land use reasons, if any, for denying the application. If the Council eventually decides to approve the rezoning, or the Planning Commission decides to approve an SMA permit, against our negative recommendation, they will have to make a finding that it is consistent with the LUPAG. We should not reject an application just because it is a few hundred feet from the proper LUPAG line, except in the unusual case where the line was meant to be exact. PLANNERS AND EM's Page 3 September 18, 2007 If we do reject an application because of LUPAG inconsistency, we should include the standard language stating that this can be appealed to the Board of Appeals, because this is a final decision. When it looks like a rezoning or SMA permit is not consistent with the LUPAG as shown on GIS, but we interpret the LUPAG to be consistent, we should explain why we are interpreting the LUPAG in the background of the rezoning or SMA permit. The LUPAG does not answer all land use questions. A rezoning may not be a good idea in a particular location, because of poor road access, traffic congestion, incompatibility with neighbors, historic sites, flooding, natural resources, and many other reasons, even if it is basically consistent with the LUPAG. The work that we do in making recommendations on rezonings and SMA permits calls for informed judgment and often a weighing of competing factors. CJY:pak Wpwin60 /Chris 07 /Staff memo re LUPAG consistency Attachments cc: Office of the Corporation Counsel pi r la f 1 William P. Kenoi ; • Lono A. Tyson Mayor Director MI 1 16 William T. Takaba t , ► -'•" • of K �,.><. Ivan M. Torigoe Managing Director _ Deputy Director Glatt r of WWixa DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawai'i 96720 (808) 961 -8083 - Fax (808) 961 -8086 http: / /co.Hawai'i.hi.us /directory/dir envmng.htm MEMORANDUM Date : June 18, 2010 To • BJ LEITHEAD TODD, Planning Director From: LONO A. TYSON, Director yr Subject: Change of Zone Ordinance No. 08 -39 (REZ 07- 000073) Applicant: Jin Soo and Ran Hui Iida Request: Delete Condition D (Restrict Uses Allowed in CN Zoning District to Personal Services, Residential and Residential Related) TMK: 2 -2- 40:121 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: REft.R TO ( lv,wtEhTS 13 raw WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21 -5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawai' i 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 Hawai'i County Code. ( ) If required by the Director of the Department of Environmental Management ( "Director of DEM"), applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are dvisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. 7 ( Li Other: N cl S E rte► -i.. J c i S 7 I n! net. c — SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments (N 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. ( \.) Ample and equal room should be provided for rubbish and recycling. _ SCANNED I Planning Dept. �� U ' U Exhibit By :OB4 5 6 i Page 1 of 2 County of Hawaii is an Equal Opportunity Provider and Employer 1260 <) 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. ( ) Submit Solid Waste Management Plan in accordance with h`ttached uidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: cc: SWD, WWD 12663 Page 2 of 2 County of Hawai i is an Equal Opportunity Provider and Employer. • .o�tY�OF 4', • .. ail • • William P. Kenoi • t \.,�u „ r ;� �.,,,, , :. ; Lono A. Tyson Mayor �_ -+1er Director •. e, o '' •� Ivan Torigoe Deputy Director Tillnik of 7 tiatunt �t 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 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 require additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808 - 961 -8515. CONCUR: Yow 4. r Lono A. Tyson DIRECTOR County of Hawai' i is an Equal Opportunity Provider and Employer. WAIF,_ '' �• S Ga> tv A'. t19 1 491 n DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAJ'I ?TOp \ \P' 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 July 12, 2010 `-° w TO Ms. BJ Leithead -Todd, Planning Director ff Planning Department 4f� FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE ORDINANCE NO. 08-39 (REZ 07- 000073) APPLICANT — JINSO AND RAN HUI IIDA REQUEST: DELETE CONDITION D (RESTRICT USES ALLOWED IN CN ZONING DISTRICT TO PERSONAL SERVICES, RESIDENTIAL, AND RESIDENTIAL RELATED) TAX MAP KEY 2 -2- 040:041 We have reviewed Change of Zone Ordinance No. 08 -39 and the subject request and have the following comments. 1. Due to the change in the proposed use of the property, the Department requests revised estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawai`i, that show the estimated water usage based on the new master plan. The water usage calculations should include the total water demand in gallons per day as well as the peak -flow in gallons per minute. After review of the calculations, the Department will determine if the existing 5/8 -inch meter can accommodate the proposed demand, the water commitment deposit amount, facilities charges due, and other conditions for final approval. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly by a licensed contractor, within five (5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before commencement of water service. 3. 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. 4. As the nearest fire hydrant to the subject parcel is not within the required distance from the property, as required per the Department's Water System Standards for commercially zoned properties, the applicant will be required to install a fire hydrant fronting the parcel. Planning Dept. SCANNED Exhibit ... `Water, Our 9l�fost Precious Resource ... 7�a `Wai 9[ pane ... a� v: 0‘16 (( Ms. BJ Leithead -Todd, Planning Director Page 2 July 12, 2010 Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961 -8070, extension 256. Sincerely yours, D f Miltci f . Pavao, P.E. Manhge RQ:dfg copy — Mr. Jinso and Mrs. Ran Hui Iida DWS Cross Connection Section . 0Z V OF p� William P Kenos - = ,1 ?5 7 * Harry S. Kubojiri Mayor Y Police Chief x 13 Paul K. Ferreira County of Hawaii Deputy Police Chief POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720 -3998 (808) 935-3311 • Fax (808) 961 -8865 June 25, 2010 TO : BJ LE /' E m TO . , ACTING DEPUTY PLANNING DIRECTOR FROM : D B. 'AC ECO, ASSISTANT POLICE CHIEF AREA I OPERATIONS SUBJECT: CHANGE OF ZONE ORDINANCE NO. 08 -39 (REZ 07- 000073) APPLICANT: JIN SOO AND RAN HUI IIDA REQUEST: DELETE CONDITION D (RESTRICT USES ALLOWED IN CN ZONING DISTRICT TO PERSONAL SERVICES, RESIDENTIAL, AND RESIDENTIAL RELATED) TAX MAP KEY: 2 -2- 40:121 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact on vehicular traffic. However, a cause for concern might be the increase of pedestrian traffic during the school hours as this establishment is a seed /snack shop. Presently, there is no sidewalk development in the area. The heavy amount of vehicular and pedestrian traffic during those hours is a concern. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Acting Captain Burt Shimabukuro, Commander of the S. Hilo District, at 961 -2214. SCANNED Planning Dept. 1 0 Exhibit By: "HawaPi County is an Equal Opportunity Provider and Employer" William P. i{6eiioi ', , Mayor !/ Darryl J. Oliveira S .ter. Fire Chief t { 6 =r a 8 2: 23 't 44 o. are' -- Glen P. I. Honda Deputy Fire Chief Qountp of ii9abian HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720 (808) 932 -2900 • Fax (808) 932 -2928 June 24, 2010 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE ORDINANCE NO. 08-39 (REZ 07- 000073) APPLICANT: JIN SOO AND RAN HUI IIDA REQUEST: DELETE CONDITION D (RESTRICT USES ALLOWED IN CN ZONING DISTRICT TO PERSONAL SERVICES, RESIDENTIAL, AND RESIDENTIAL RELATED) TAX MAP KEY: 2 -2- 40:121 In regards to the above- mentioned Change of Zone Ordinance, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinlder system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). Planning dept. awq // - Exhibit SCANNED JUN 3 0 Lulu 'E►�i ': 004590 "*At Hawai'i County is an Equal Opportunity Provider and Em er. R�Ei BJ Leithead Todd June 24, 2010 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire- fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all - weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15 %) BJ Leithead Todd June 24, 2010 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall- be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on -site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall .be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. D Ql\ Fire Chief GA:lpc LINDA LI NG L E CHIYOME L. FUKINO, M.D. g O C k GOVERNOR '& 9se Director of Health y f ( -- 41,1 f> e R _ f ;eui,iae, • STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 MEMORANDUM DATE: June 24, 2010 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye 11 Acting District Environmental Health Program Chief SUBJECT: Change of Zone Ordinance No. 08 -39 (REZ 07- 000073) Applicant: Jin Soo and Ran Hui Iida Request: Delete Condition D (Restrict Uses Allowed in CN Zoning District to Personal Services, Residential, and Residential Related) Tax Map Key: 2 -2- 40:121 If a non- residential facility is using an existing cesspool which serves 20 or more persons per day, the cesspool is considered a large capacity cesspool (LCC). EPA requires closure or upgrade of the large capacity cesspool by April 5, 2005 or the owner could face enforcement action by EPA, including a fine of $32,000 per day per cesspool. The proposed commercial kitchen/snack shop needs to meet the requirements of Chapter 12, Food Establishment Sanitation. Please call our office (Ph. 933 -0917) for consultation and additional information. We recommend that you review all of the Standard Comments on our website: http: //hawaii.gov/health /environmental/ env - planning /landuse /landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. SCANNED WORD:REZ07- 000073 -2.my Planning gept. JUN 28 Lufu Exhibit By: 06452 • RlidaAmendREZ.doc 8/13/10 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JIN SOO AND RAN HUI IIDA AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 08 39 (REZ 07 -73) Upon careful review of the request against the guidelines for granting an amendment, the Planning Director recommends that an unfavorable recommendation be forwarded to the County Council to delete Condition D of Ordinance No. 08 39. Instead, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Condition D to allow restaurants as a permitted use within the CN zoning district. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and /or alter this position based upon additional information presented at the public hearing. These recommendations are based on the following findings: The applicants are requesting to delete Condition D of Ordinance No. 08 39, which states: "As represented by the applicants, the site shall be restricted to personal services, residential, and residential - related uses as described in the CN district (Section 25 -5 -102). Any other uses would be subject to an amendment. Restrictive covenants in the deed of the subject properties shall give notice of this restriction." The applicants request the deletion of Condition D in order to allow them to relocate their seed /snack shop to the subject property. The shop, known as 5- Spice, has been operating for 25 years at the Puainako Center. However the applicant's lease, which expires in December 2011, will not be renewed. Thus they are proposing to expand the existing 500 square foot dwelling to 1,500 square feet in order to accommodate the re- location of the seed /snack shop. In considering a zoning amendment initiated by a property owner which proposes to change the district classification of any property, the Planning Director shall consider the purposes of the existing and proposed district and the purposes of the Zoning Code, and shall recommend a change in a district boundary only where it would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies and standards of the General Plan. The request to delete Condition D of Ordinance 08 39 would not result in a more appropriate land use pattern and would not be consistent with the goals, policies and standards of the General Plan for this area. The subject property was rezoned in 2008 from a Single - Family Residential — 10,000 square feet (RS -10) to a Neighborhood Commercial — 20,000 square feet (CN -20) zoning district to allow the applicant's to convert a 768 square -foot dwelling into a beauty salon and relocate their business, known as Lani's Beauty Salon, from Puainako Center to the subject property. During that change of zone process, the Planning Director advised the Planning Commission that the request was not consistent with the General Plan goals, policies, and standards and LUPAG Map, and recommended an unfavorable recommendation be forwarded to the County Council. The Planning Commission did not agree with this recommendation and instead forwarded a favorable recommendation to the County Council for the change of zone request, with a condition restricting permitted uses on the property to personal services (e.g. beauty salon), residential and residential - related uses. The primary reason for the Planning Director's unfavorable recommendation in 2008 was inconsistency with the General Plan LUPAG Map, which designated the property as Low Density Urban. The Low Density Urban designation allows for residential, ancillary community and public uses, and neighborhood and convenience- type commercial uses. The General Plan does not clearly define "neighborhood and convenience -type commercial uses" but some examples of convenience -type commercial uses in the greater Hilo area are the Kaumana 76 gas station at the Mohouli Street - Kaumana Drive intersection and the Wiki Wiki Mart at the W Kawailani Street - Ainaola Drive intersection. Both of these commercial uses are located on property zoned Neighborhood Commercial (CN) and designated Medium Density Urban in the LUPAG map. Thus the Director concluded that it is more appropriate to located CN -zoned lands in areas designated Medium Density Urban rather than Low Density Urban on the LUPAG map. Additionally, for the most part the boundaries on the LUPAG map are not meant to be exact, but rather a broad -brush graphic depiction of the General Plan policies, -2- particularly those relating to land uses. There are exceptions to the concept that the LUPAG map lines are broad -brush boundaries. For example, when they go along identifiable streets or when the property was originally put into the LUPAG map by a specific metes - and - bounds interim amendment. In the area of the subject property, the Planning Director interprets the west side of Kilauea Avenue as Low Density Urban because (1) it appears that Kilauea Avenue was intended as a boundary between Low Density Urban and Medium Density Urban, and (2) the Medium Density Urban at the corner of Puainako Street and Kilauea Avenue was meant to create a small commercial area at this corner where Kai Store and Maebo Noodle Factory are located, rather than spreading out along Kilauea Avenue to the south. Another consideration is the potential for encouraging strip commercial development should the request be approved. Approval of the request may attract the "in- filling" of lands between the established commercial areas between Maebo Noodle Factory and the old Food Fair shopping center (at the corner of Kino`ole Street and W. Kahaopea Street) by other commercial developments or could extend commercial development further south creating strip development in this area. Such strip commercial development would increase traffic congestion on Kilauea Avenue, which is heavily traveled by commuters going between downtown Hilo and Puna, as multiple commercial driveways would be required for such developments. The traffic associated with commercial developments would reduce the efficiency of this stretch of Kilauea Avenue, similar to portions of Kilauea Avenue closer to downtown. The General Plan goals, policies and standards and the LUPAG Map designation for the property has not changed since 2008, which is why an unfavorable recommendation is still warranted. Therefore, the Director recommends continuing to limit the uses on the property by not allowing all land uses that are normally permitted in the CN -zoned district. To allow the full -range of commercial uses permitted in the CN- zoning district would be inappropriate at this time and may serve as a precedent for future rezoning requests for commercial uses along Kilauea Avenue in this area. Based on the above findings, the Planning Director recommends that the Planning Commission send an unfavorable recommendation to the County Council for the request to -3- delete Condition D of Ordinance No. 08 39, but instead recommends a favorable recommendation be sent to the County Council to amend Condition D as shown in the attached draft bill. Amending Condition D to include restaurants as a permitted use would allow the applicant to re- locate their seed /snack shop from Puainako Center to the subject property while at the same time limiting the intensity of commercial development in the area, and maintaining the Low Density Urban LUPAG Map designation for the area west of Kilauea Avenue. Additionally, the Planning Director recommends conditions related to water, wastewater and fair share be updated and modified for the proposed restaurant use, and the annual progress report condition be deleted since this is a relatively small -scale development that does not warrant annual monitoring. A draft bill to amend Section 25 -8 -33 (City of Hilo Zone Map) of Chapter 25, Zoning Code is provided for your information. -4- . •4 oJ�`Y of M ��'• COUNTY OF HAWAII STATE OF HAWAII fT +r wrr � fp � , E pF' BILL NO. ORDINANCE NO. (PLANNING DEPT.) AN ORDINANCE AMENDING ORDINANCE NO. 08 39 WHICH RECLASSIFIED LANDS FROM SINGLE - FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS -10) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2- 2- 040:121. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 08 39 is amended as follows: "SECTION 1. Section 25 -8 -33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i 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 Neighborhood Commercial _ 20,000 square feet (CN -20): Beginning at the southeast corner of this parcel of land, also being the northeast corner of Lot 13 -A, Block 502, and on the west side of [Kilauea] Kilauea Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 8,570.69 feet South and 9,735.36 feet East and thence running by azimuths measured clockwise from true South: 1. 85° 40' 00" 242.00 feet along Lot 13 -A, Block 502; 2. 175° 40' 00" 97.35 feet along Lot 14, Block 502; 3. 265° 40' 00" 242.00 feet along Lot 15, Block 502; 4. 355° 40' 00" 97.35 feet along the east side of [Kilauea] Kilauea Avenue to the point of beginning and containing an area of 23,559 Sq. Ft., more or less. -1- All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. [ ..- -•- •- ... - -• ..- • -� -.. Water Supply in accordance with the "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance.]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 180 days from the effective date of this amended ordinance. C. The applicants shall install a fire hydrant fronting the subject property, and shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter on private property, which must be inspected and approved by the Department of Water Supply prior to issuance of a Certificate of Occupancy. -2- []D. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this amended ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) standards for CN zones adjoining a RS zone. [WE. As represented by the applicants, the site shall be restricted to restaurants, personal services, residential, and residential - related uses as described in the CN district (Section 25 -5 -102). Any other uses would be subject to an amendment. Restrictive covenants in the deed of the subject [preps]property shall give notice of this restriction. [€ ]F. Access to [Kilauea] Kilauea Avenue shall be limited to a single location and shall conform to Chapter 22, Streets and Sidewalks, of the Hawai`i County Code. [R]G. A 10 -foot wide future road - widening strip along [Kilauea] Kilauea Avenue shall be delineated on the plans submitted for Plan Approval review. The 10 -foot future road widening section and roadway improvements along [Kilauea] Kilauea Avenue shall be subdivided and dedicated to the County of Hawai`i within five (5) years from the effective date of [this]the original ordinance. [G ]H. The applicants shall provide full improvements to the entire frontage along [Kilauea] Kilauea Avenue consisting of but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. -3- Improvements shall be located within the future road - widening setback as established by the Planning Department and be completed within five (5) years from the effective date of [this]the original ordinance. [I]I. The applicants shall also install street lights and traffic controls as required by the Traffic Division, Department of Public Works. The applicants shall be responsible for the design, purchase, and installation of such devices. These improvements to [Kilauea] Kilauea Avenue shall be completed prior to a Certificate of Occupancy. [1:]J. The height limit shall be 35 feet as allowed in the Single- Family Residential (RS) district. [J-]K. All development - generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. L. The applicants shall install an individual wastewater system meeting with the requirements of the Department of Health prior to the issuance of a Certificate of Occupancy. [K]M. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of [a Certificate of Occupancy]Final Plan Approval. -4- [b-]N. [ - - . . , . - , - . . . .. . - - ' . . - - .. petential 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-Geuncil. Thc fair share contribution may be adjusted annually beginning three years after the effective date of this ordinancc, based on the percentage change in the Honolulu value of $7,043.62 per multiple family residential unit ($10,976.69 per single family residential unit). Thc total amount shall be determined with the actual this condition. A. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,474.42 per multiple family residential unit ($5,293.15 per sine residential unit) to the County to support park and recreational improvements and facilities; residential unit) to the County to support police facilities; residential unit) to the County to support firc facilities; 4. $' 5 per multiple family residential unit ($220.80 per single family residential unit) to the County to support solid waste facilities; and residential unit) to the County to support road and traffic improvements. In-lieu of paying the fair share contribution, the applicants may contribute land -5- • - - - - .. - - . -. . - - -, -, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning •- - , • - - - . - • • - •- ... .. - - - •- .... - County Council.]If the applicant(s), successor(s), or assign(s) develops residential units on the subject property, the applicant(s) shall make its (their) 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 $7,738.48 per multiple family residential unit ($12,059.55 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. $3,817.17 per multiple family residential unit ($5,815.33 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $120.64 per multiple family residential unit ($280.53 per single family residential unit) to the County to support police facilities; 3. $371.11 per multiple family residential unit ($554.09 per single family residential unit) to the County to support fire facilities; -6- 4. $165.40 per multiple family residential unit ($242.59 per single family residential unit) to the County to support solid waste facilities; and 5. $3,264.15 per multiple family residential unit ($5,167.02 per single family residential unit) to the County to support 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. [l]O. 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. [N]P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, if applicable, the applicants shall comply with the requirements of Chapter 11, Article 1, Hawai`i 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. [O ]O. An Emergency Response Plan shall be submitted to the Hawai`i County Civil Defense Agency for review and approval prior to the issuance of a Certificate of Occupancy. [P.]R. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -7- e. •.- . -... :: ess 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 approval arc reports are not required.] [R]S. 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. 3. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. [S]T. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation." -8- 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 HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -9-- RS -10 RS -10 CN -40 w J W PUAINAKO ST E PUAINAKO ST ■ RS -I0 CN -10 RS -10 CN -10 RS -10 SINGLE FAMILY RESIDENTIAL 10,00f- SQUARE FEET (RS -10) CN - 10 TO NEIGHBORHOOD COMMERCIAL CG - 2o 20,000- SQUARE FEET (CN -20) — / 23,559 SQ. FT. RS -10 RS -10 w a o RS -10 w o 8,570.69S a > 9,735.36 E 5 "HALA171 R CG -20 RS-0 CN -10 RS -10 N w > �� a w w I RS -10 '\ E W z R � CN -10 a S RS -10 RS -10 CN -10 CN -10 RS -10 RS -10 RS -10 , 290 145 0 290 580 870 1,160 1,450 Feet 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 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL 10,000- SQUARE FEET (RS -10) TO NEIGHBORHOOD COMMERCIAL 20,000- SQUARE FEET (CN -20) AT WAIAKEA, SOUTH HILO , HAWAII FOR REFERENCE PREPARED BY: PLANNING DEPARTMENT ONLY COUNTY OF HAWAII TMK: 2 -2- 040:121 Date: October 22, 2007 EXHIBIT "A" (Jinsoo P. & Ran Hui P. lida:1237) 4 4 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT SEPTEMBER 1, 2010 A regularly advertised hearing on the application of JIN SOO AND RAN HUI IIDA (REZ 07- 073) was called to order at 9:10 a.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Wallace Ishibashi, Zendo Kern, and Stephen Ono. STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), Kelly Gomes representing Department of Public Works), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner). And six people from the public in attendance. APPLICANTS: JIN SOO AND RAN HUI IIDA (REZ 07 -073) Amendment to Change of Zone Ordinance No. 08 -039, which changed the district zoning of the subject 23,559 square -foot property from Single - Family Residential- 10,000 square feet (RS -10) to Neighborhood Commercial - 20,000 square feet (CN -20). The amendment request is to delete Condition D that restricts uses on the property to personal services, residential and residential - related. The property is located along the west side of Kilauea Avenue, approximately 420 feet south of the Kilauea Avenue - Puainako Street intersection, Waiakea Homestead Houselots, Waiakea, South Hilo, Hawaii, TMK: 2 -2- 40:121. WOODWARD: First item on the agenda today, Applicants Jin Soo and Ran Hui Iida. It's an amendment to a Change of Zone Ordinance which required a district change, district zoning from Single - Family Residential to Neighborhood Commercial. The amendment request is to delete Condition D which restricts uses on the property to personal services, residential and residential - related. And the property is on Kilauea in the Waiakea Houselots, South Hilo. Maija. COTTLE: Thank you, Mr. Chairman. Good morning everyone. COMMISSIONERS: Good morning. COTTLE: The first application is an amendment to a change of zone ordinance, and the applicants are Jin Soo and Ran Hui Iida. The subject property is located in the South Hilo district. You can see the property on the slide as outlined in black; and you have Puainako Street 1 running in an east -west direction towards the top of the slide. You have the highway heading out of town towards Volcano. And then Kahaopea Street is running in an east -south direction on the bottom of the slide. The property is actually located just off of Kilauea Avenue. And you can see it's currently zoned Neighborhood Commercial, which is shown in pink on the slide. Surrounding properties are zoned Single Family Residential which is shown in yellow on the slide. And the General Plan LUPAG designation for the property is currently Low Density Urban. That's shown in yellow on the slide. You can see the areas east of Kilauea Avenue are currently designated in Medium Density Urban; and then further east is High Density Urban shown in red. The KTA Store complex, Puainako Center, is in this general area just across Kilauea Avenue. The applicants are requesting to delete Condition D of the original Change of Zone Ordinance 08 -39. Condition D restricted the permitted uses on the property to personal services, residential and residential - related uses. This was to allow the applicant to establish a beauty salon on the property. The applicant would now like to expand the existing dwelling on the property to 1500 square feet and relocate their seed snack shop from Puainako Center to the property. This is a site plan of the property. You can see Kilauea Avenue on the right side of the slide. They have a shared driveway with their neighbor to the south. And then the beauty salon is shown in purple in the back of the property here. And the current dwelling is also shown in purple here; and they want to expand that out towards the front of the property to relocate the seed snack shop. This is a site photo. And, again, you have Kilauea Avenue in the forefront here. And their driveway, the beauty shop is in the back. There is parking between it and the existing dwelling structure. And this is the structure that they want to expand to establish a seed snack shop. The Planning Department is recommending an unfavorable recommendation to delete Condition D; and, instead, we're recommending that Condition D be amended to allow restaurants as a permitted use. A restaurant is the closest definition in the Zoning Code for the use that the applicant wants to establish, the seed snack shop. So we felt that was a reasonable thing to do, to allow the restaurant as a permitted use. This would allow, as I mentioned, the applicant to relocate their seed snack shop to the property but would also limit commercial development in the area and would maintain the Low Density Urban LUPAG Map designation for the area. Are there any questions? WOODWARD: Any questions for staff? Commissioner Domingo. DOMINGO: Immediately in the front of this lot is Kilauea Avenue. And what designation is on the other side? COTTLE: The General Plan designation is Medium Density Urban -. 2 DOMINGO: Medium Density. COTTLE: On the east side of Kilauea Avenue. DOMINGO: And this particular area is Low Density -? COTTLE: That's correct. DOMINGO: For residential uses? COTTLE: That's correct. All of the areas shown in orange are Medium Density Urban. This square shaped area towards the bottom of the slide is the location of the old Food Fair. And then you have the Noodle Factory here; and Kai Store at the corner of Puainako and Kilauea Avenue, and then as I mentioned the Puainako Center across Kilauea Street. DOMINGO: When they came in for the original application for rezoning, if I recall correctly, the Department recommended denial of that application at that time. On what basis was that denial made? COTTLE: At the time we did recommend denial for this CN zoning, the main reason was we felt it was inconsistent with the Low Density Urban General Plan designation for the area. And we felt that changing to a CN zoning would be somewhat precedent setting and may allow or encourage the properties that you see in between the two orange areas, all these single family residential properties here, to come in also for CN zoning; and then you would introduce obviously more traffic to Kilauea Avenue. It would become more congested like other areas of Kilauea Avenue closer to Downtown, so we wanted to prevent that from happening. DOMINGO: Yeah, I can see that from a planning perspective. But as I look at the colors right now, would it not have been more appropriate perhaps if when the General Plan review was made that Medium Density be extended all the way to Kahaopea Street thereby having a consistent array of zoning in the area? COTTLE: You know, I wasn't here at the time but I believe that issue had come up during the 2005 comprehensive review of the General Plan; and there was some discussion of kind of moving it over towards Kinoole Street and making this entire area in here Medium Density Urban. But for whatever reason, and I'm not aware of the reason, it remained Low Density Urban. DOMINGO: I see. And I can understand why the Planning Department had recommended denial. But I understand also at that time the Planning Commission sort of took a compromised position and permitted zoning, but based only on a specific use of that property, you know. It was, I don't know if you call that contract zoning based on a specific particular use on that 3 property and not allowing them to conduct a whole array of uses as contained in the CN zoning. And now what they're doing, if I try to understand this clearly, is trying to delete what the Planning Commission had permitted them to do; and I must also add that it was a compromise position. You know, the Planning Department is saying denial but we felt perhaps it would have been a better use in this particular area if we were to envision expansion of the CN zoning, but which had not happened since then. But now they're coming in for an amendment to it, to delete that amendment, and to apply for further uses. Am I clear on that? COTTLE: Yes, that's correct. DOMINGO: Okay, thank you. WOODWARD: Madam Director, did you want respond to that? LEITHEAD TODD: I just wanted to say that, you know, we're living with what's currently in the LUPAG Map. And the way we're interpreting it, because it's running along street lines we were interpreting it as basically running, being divided by those lines. But I understand Mr. Domingo's concerns. And I would be taking a good hard look next review of taking that area between Kinoole and Kilauea and looking at Medium Density. Because I guess what's not even showing on that is, if, you know, you're familiar with the Sure Save, the old Food Fair site, across from it in what's considered Low Density Urban is the senior housing high rise project, which I think is three stories tall. So, you know, there's a certain amount of flux and change going on in the area that isn't even reflected on the map. Also not showing on the map in what is Low Density Urban is what I would assume is a grandfathered service station on one corner by Kilauea. On Kahaopea and Kilauea I believe there's a service station on that corner there. WOODWARD: All right, thank you. Any further questions for staff? ONO: Yes, one -. WOODWARD: Commissioner Ono. ONO: Just for clarification then, my ignorance is showing here. You made a comment about giving a restaurant, by definition a restaurant -. COTTLE: That's correct. ONO: Would that be an open door to their understanding that they could put in a restaurant? My ignorance is showing here. COTTLE: Well, they're currently just requesting to relocate the seed and snack shop and have it be like a take -out type restaurant where people come and pick up bentos and buy other things, too. So it's not, the way the applicant represented in their application, it's not envisioned as a 4 come- in and sit -down restaurant. The way the condition is written though, it could in the future allow, you know, a full scale sit -down restaurant. ONO: And if that should ever occur, do they have to face the Planning Commission again? COTTLE: No. ONO: So this is -? COTTLE: Not the way the condition is written now. ONO: So this would be just a blanket permission for them to expand it into a restaurant without permission? COTTLE: Potentially that could happen with the CN zoning, yes. ONO: Thank you. COTTLE: You're welcome. WOODWARD: Okay, any further questions before we have the applicant up? DOMINGO: Yes. WOODWARD: Yes, Commissioner Domingo. DOMINGO: Maija, you know, they're coming in for, first they want a condition be deleted and they're coming in for another amendment to that, to the previous action taken on the zoning. What if, you know, based on the past action we just say, okay, the zoning is granted and we not put any amendments to it or take any action to it, would they then be able to conduct a CN zoning, Medium Density uses on that property? COTTLE: Are you asking if you do not change the ordinance and you leave it as it is now? DOMINGO: Yeah. And even with withdrawal, delete that condition that its uses should only be a reflection of that having a residential nature and all that. COTTLE: Yeah, so what you're asking if that condition were deleted, which is what the applicants are requesting, then what would happen is any permitted use in the CN district would be allowed. So they could establish a restaurant, they could establish a convenience store, there's a variety of uses that they could establish on that property if Condition D were deleted. DOMINGO: You know, this is something that I'm wrestling with because we give them the 5 zoning with conditions and now they're coming in with an application to delete that amendment with restrictions, but then they're coming in with another, another application for the expansion of the existing uses. I thought about this real hard and, you know, I feel reluctant to consider such a move because, you know, a CN zoning permits certain particular uses and it's permissible. What we did, we put restrictions and tell them, okay, you guys have the zoning but you just have to do certain uses. Now they're coming in because of some circumstances which they have no control in the future. With the expiration of the lease, they need to relocate the use. And I totally sympathize with that, in the predicament they're in. But from the standpoint of land use actions that we take, you know, I've always contended that the General Plan and the Zoning Code are the most important planning documents in the County. It has to be specific and real exact as to what one can do and what one cannot do. In this particular case, you know, we're just wavering on the line and saying okay, we can do this, and next we're coming in and we're deleting that, and then now they can do that. That's why my question was if we take no action, and considering that we gave them the zoning in the past, what would then be their alternative? And you indicated that, well, the existing uses and all existing, all uses as permitted in the CN zoning would apply to this property. And then that's where I'm coming from. That's my concern. WOODWARD: All right. Any further questions? Okay, seeing none, let's call the applicant and /or representatives up. All right, Mr. Fuke. FUKE: Morning. WOODWARD: Hi. If I can get you to raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? FUKE: I do. WOODWARD: Okay, very good. Are you both going to testify or just Mr. Fuke? FUKE: Just myself. WOODWARD: Okay. All right, Mr. Fuke, if you'll give us your name and address; and then you may begin. FUKE: Sure. Good morning, Mr. Chairman, Members of the Commission. My name is Sidney Fuke. I'm a planning consultant. But today I'm here more as a role of helping out the applicant's father who's a good friend of mine. And so this is what I would say like a not -for- profit type of pro bono work, but his father is a very good friend of mine. But my address is, business address is right across the street, 100 Pauahi Street, Room 212. 6 In listening to the dialogue, you know, that Commissioner Domingo and, I guess, Commissioner Ono had also raised I'd like to just kind of give the Commissioners some background on this situation here, inasmuch as two years ago or two and a half years ago I was kind of like helping out Mr. Iida again on this same application. The biggest debate between the former planning director and when the applicant came in, you know, rests solely on whether this property fell within the Low Density area on the General Plan or the Medium Density area on the General Plan. And we were trying to make, you know, on behalf of the applicant, that the General Plan was not intended to be GIS measurable like how you see right now. It was more intended to be like broadbrushed. And so as such, you know, given what's happening in that area one could reasonably interpret this area to be Medium Density rather than Low Density. However, at that time the Department and the Director said, no, we're still going to call it Low Density. And so what we then had proposed is that recognizing that within the Low Density area Neighborhood Commercial uses according to the General Plan could be allowed, but -. You know, you don't want to have like a Commercial Neighborhood zoning that would be a blanket type which may undermine the intent behind the Low Density General Plan designation. So we made that concession. So that particular condition that Mr. Iida is proposing to delete right now is one ironically that we had suggested, you know, on behalf of the applicant. We said like, okay, we recognize the General Plan constraints. And then so if you have like a generic zoning which, with the Commercial Neighborhood zoning, then -- although at that time all they wanted to do was just put up their Lani's Beauty Salon -- you know, it's possible at some point in time in the future you could have like a gas station, or something which would be totally, which may be totally incongruous with the concept of a Low Density General Plan designation. So we said, okay, fine, let's limit it then. And so we understood at that time that it was, amounts to some amount of a contract zoning, which Commissioner Domingo is pointing out accurately; but we said like that's fine because this is the applicant's proposal. We're not saying that the County is unilaterally requiring that of the applicant to restrict uses. You said no -. We from the applicant's standpoint we're saying that's fine. So what Mr. Iida is coming before you right now is that, you know -. And the General Plan has not changed, and so, and probably the interpretation has not changed as well. So we're saying that, okay, recognizing that then all they want to do is, you know, like now introduce another element, which is to put in their Five Spice Store which is at the Puainako Center, and just relocate in that area. And so the staff is saying that the only way that they can do that right now is to, you know, expand the definition to also now allow a restaurant, rather than going like a wholesale deletion of that "condition." And, you know, we agree that if you delete that condition it may kind of undermine the spirit of the Low Density designation. And so, you know, Mr. Iida, the applicant, would have no objection to the proposed amendment, you know, as it is with that kind of restriction. The only comment that I would make is that it's clearly understood, you know, I guess by the 7 Department and whoever is interpreting that that what he's proposing right now, which is a Five Spice Store which has like, you know, they sell crackseed and all that kind of, you know, eating stuff, plus not a typical restaurant type. They serve like manapua, or hot dog, and sandwiches, those kinds of things; and that's why they still need to have like a commercial kitchen. You know, whether that kind of falls under the definition of a restaurant -. And in my discussion with the staff this morning and also which was confirmed by her statement, you know, this morning, it's kind of saying that, yes, that would, his existing operation, his proposed operation would still fall under the definition of a restaurant. So from that standpoint, they have no objections. WOODWARD: All right, thank you. Well, I think if we've got it on the record, if there's a question, then you just pull out the record. And it has been stated that that is the case. The other question I had, and in looking through this, evidently the Department of Water Supply and the Fire Department are requiring a fire hydrant to be put in. FUKE: Correct. There were like a number of issues that the agencies raised; and I discussed that with Mr. Iida earlier today. And he said, yes, he is aware that the Fire Department is calling for the fire hydrant to be situated directly across of the property; and then that's something that he's going to have to do. The Water Department is also recommending that he install a backflow preventer. And I explained to him that if you're going to have a fire hydrant up there, you better have a backflow preventer; otherwise, you're going to blow up your, you know, your plumbing system. He also has an obligation by the year 2013 to construct curb, gutter and sidewalk fronting his property. That was part and parcel of the original condition; and that he's aware of. WOODWARD: Okay. So you've received the recommendation, and the conditions are satisfactory to you? FUKE: Yes. WOODWARD: And you have, you would be happy with the recommendation that the Planning Director has put forth to, rather than delete Condition D to just add "restaurant" as a permitted use? FUKE: That's correct, with the understanding that his existing operation falls under the definition of a restaurant. WOODWARD: Okay. And the other question I have, and perhaps for the staff and Planning Director, I don't know what a fire hydrant costs, but my guess is it's not real cheap. And there is going to be a revision of the various fees. The, what is it, fair share contribution is going to be 8 updated. And it would seem to me that since this fire hydrant is not your fire hydrant, it is a fire hydrant that is going to benefit everybody, and is really a County function that you have to pay for, whether it would be reasonable to use that as an offset against the fair share contributions. FUKE: Well, the fair share as I understand, and maybe the Director can correct me, but the fair share applies only if he elects not to have commercial but instead have like a duplex or -. WOODWARD: Right. FUKE: An apartment complex on the property. WOODWARD: Housing, yeah. Okay. And there's some other fee that, Unified Impact Fee Ordinance, and I'm not sure if that would affect businesses or just residences if it's enacted. FUKE: Well, if it's enacted we would hope that it would not be retroactive. WOODWARD: Okay. All right, any further questions? DOMINGO: Mr. Chairman? WOODWARD: Commissioner Domingo. DOMINGO: Thank you, Mr. Chairman. Mr. Fuke, you gave us a list of requirements by the Board of Water Supply and the Public Works. Are, those would be required of the applicant regardless of whether or not these restrictive uses are put in as against a total zoning being granted? FUKE: Well, in terms of the water requirements, the answer would be yes. Because what the Water Department reviewed was what the applicant was proposing, was to have essentially not only the deletion but more specifically the allowance of his Five Spice Store. And so in that regard the Water Department is saying, you know, if you're going to do that then you need to do some upgrade, you know, you need to submit your water calculation demands to us, and then we can effectively determine what the water requirements are. The fire hydrant standard is almost like a standard requirement on the Water Department and Fire Department whenever you have a commercial zoning. And in this case here the property is zoned Commercial. If the property were zoned Residential or maybe if you were granting like a use permit, then there is a possibility that the fire hydrant requirement could be waived. But not, as my understanding of the Water Department rules, when it calls for commercial zoning then it's almost like a mandate. There was also a similar situation for properties that were recently rezoned along Ponahawai Street, you know, where the medical offices are, you know, right below that area; and when they 9 came in for the commercial zoning the Fire Department and the Water Department both required that the fire hydrants be installed. DOMINGO: You know, I'm not looking at even the possibility of a waiver in this particular case. What I'm talking, I'm looking at a future development along Kilauea, Kilauea Avenue, and should there be other expansion applications by people who would like to do any kind of business -- this would be an appropriate place to situate their business because of the growth in population and the growth in the Hilo area. We're looking at Hilo going towards the south, the southern part of town; and this would be appropriate. And notwithstanding the fact that you have the old Food Fair building there, I think you have several uses of commercial type situating there, and also offices and the like. So, you know, I'm looking up to the point of Kahaopea Street an ideal place or area in which future development can take place. And my, you know, to the Planning Commission, my problem is because we're looking at what's there on the map and what's, where the application is, you know, would it be wiser that we anticipate growth taking place there and just not put any restrictions to it? I have strong reservations about putting restrictions on any particular zoning. It sends out, it sends a different kind of signal to the public as far as the ability of the, of any developer making plans with regards to establishing a business, or developing any housing, or whatever. For them it's important to know that what's there is there and what's not there is not there. And what they can do, and what they can't do, it's very important. I think in this particular case, it also applies to the applicant. I remember many years ago when I was on the County Council there was this foot doctor, and there was an application up Ponahawai, and it's above the jail within the residential area. He had a property and he came in for rezoning. It was a big issue because given a commercial zoning the people in the development were very concerned about the possibility what might happen if this individual had sold his property; and then with that commercial zoning he would be able to put in a service station and other uses. So what we did at that time is did exactly what we're talking about today, you know, contract zoning, allowing only a particular use within the zoning to be conducted. And, you know, it's always a scary position for me as I look at that because in the event that individual sells the property or in the event that individual needs to change the use of that property, you know, then he had to go through the same procedures that this applicant is going through; and I don't think it's fair for them. Once you give a person a rezoning I think they should be comfortable that under that zoning they're permitted all these uses, with no restrictions whatsoever. And that's where I'm sitting at right now. WOODWARD: All right. Thank you, Commissioner Domingo. Do we have any other questions? Okay, seeing none, you folks may be seated. Thank you very much. And we've already had a little deliberation, but now we can really deliberate. We have nobody signed up from the public to testify. So would somebody care to make a motion? Commissioner Domingo. DOMINGO: Mr. Chairman, I move for the deletion of the previous condition imposed on them 10 on Rezoning Application 07 -073. WOODWARD: Condition D? DOMINGO: Yes. WOODWARD: Okay. Do we have a second? AU: Second. WOODWARD: All right. So your motion is to send a favorable recommendation to Council for the deletion of Condition D? DOMINGO: Just deletion of Condition D with no other, other applications to it. WOODWARD: Okay. GONZALEZ: No other amendments. WOODWARD: All right; and for the, okay. Do we have any discussion? Okay, well, I'll throw in my two cents worth. I think Commissioner Domingo has a point here and I think I -. And from what I can sort of glean, the Department is not real steadfast in their convictions on this one in that this property is surrounded, I mean in every direction except one there's Medium Density; and there's more Medium Density in anywhere near this than there is Low Density. It's a bit, seems a bit capricious to me that we've got this patchwork effect; and it would seem to me to be more reasonable as Commissioner Domingo is suggesting to move it over one street to that next street over. So I would be in favor of -. And, again, I've seen too many abuses and misuses, in my opinion, of modified zoning. I can tell you a place out in Ocean View that, where they have the swap meet now. This is all zoned Agricultural. And these people came back so many times, and so many times, eventually the Planning Commission back in 90's decided that they were going to give them essentially the ability to do anything that could be done in the MX zone without changing the zoning. I mean, you can really get some strange combinations and permutations. So it would seem to me that the most simple direct thing to do would be to delete this condition. And I think based on the fact that this is in an area with a lot of Medium Density, and the only legitimate reason for not having a true CN zoning here would be the fact that it is in fact in the LUPAG Map Low Density. But, again, it's surrounded on all sides by Medium Density zoning. So that's my two cents worth. Anybody else have any comments? Commissioner Domingo. DOMINGO: Thank you, Mr. Chairman. Just additional comments as you were speaking. I liken this situation with that of the industrial area, I mean not industrial area but Houselots. In the years past it was predominantly, its use was for residential uses. But what we're seeing here 11 • today, and it was dependent upon the requirements and the need for light industrial uses, office and other mixed uses at that, at this time. And that's why what we're seeing at the Houselots, it's a combination of various types of uses and a slow transition from residential into those uses. And it's only because the demand is there, you know. And those who lived there prior who owned those homes have become old, or have sold their interest, or turned their interest over to their children; and their children, in effect, had other plans with other intended uses; and they're also going into light, into Light Industrial and Office uses, a combination of what we're seeing there today. So I think what we may be initiating here, and which might be a far cry from it, but in the future if this zoning is established and if the Planning Department and the Council follows up with a General Plan Amendment and then designates this area as Medium Density uses we'll find similar type of scenario taking place here as we have seen now with Houselots. And I think it's a good move, I think it's a good, good planning. From the planning perspective, I think it's a good move and it's in preparation for the growth of the area. Thank you, Mr. Chairman. WOODWARD: All right, thank you, Commissioner Domingo. Any other comments or discussion? Madam Director, do you have anything? No? LEITHEAD TODD: No. WOODWARD: Okay. All right. Well, let's take a vote then. Maija? COTTLE: Thank you, Mr. Chairman. I just have one question. The Condition D would be deleted is what your, is what the motion is. But, Mr. Domingo, are you also recommending to keep the remaining ordinance as is or implement the revisions that we recommended? DOMINGO: I would, at this point I would, I tend to lean towards implementing the conditions that you are, you've inserted in the recommendation. And it's only because it's based on the proposed use of this property, as Mr. Fuke stated, you know, those uses reflects, as reflective of Medium Density uses. COTTLE: Okay. WOODWARD: All right. Commissioner Au as the seconder, is that acceptable to you? AU: Yes, that's acceptable. WOODWARD: Okay, is there any objection to that? Seeing none, okay, let's take a vote. COTTLE: Thank you. Commissioner Domingo? DOMINGO: Aye. 12 COTTLE: Commissioner Au? AU: Yes. COTTLE: Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Kern? KERN: Aye. COTTLE: Commissioner Ono? ONO: Aye. COTTLE: And Mr. Chairman? WOODWARD: Aye. COTTLE: Okay, the motion passes six -zero. WOODWARD: Okay, thank you. We will send a favorable recommendation to Council for you and you will be notified in writing. The discussion ended at 9:50 a.m. Respectfully submitted, V 1A,ThN\ w` Sharon M. Nomura, Secretary Windward Planning Commission 13