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HomeMy WebLinkAboutCOM 0059.000 2010-2012 ,M t V 0 6 p� • 7i William P. Kenoi : aJJ�: William T. Takaba Mayor +: i+ MmiagingDirector Wally Lau 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, Hawai'i 96740 (808) 327 -3602 • Fax(808)326 -5663 January 3, 2011 Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street _ - - Hilo, HI 96720 Dear Chairman Yagong and Members: Change of Zone Application (REZ 10- 000133) Applicant: Tanouye Family Partners Request: RS -10 to MCX -20 Tax Map Key: 2 -2 -50:40 As required by Chapter 4, Sec. 6- 4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above - referenced request. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department Hawai `i County is an Equal Opportunity Provider and Employer Comm. No. -` Ref. To: G Ref Date JAN 19 2011 JM jr GF M,�7 r; r tTf OP • MP •M County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center r 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 JAN 0 3 "11 The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Change of Zone Application (REZ 10- 000133) Applicant: Tanouye Family Partners Request: RS -10 to MCX -20 Tax Map Key: 2 -2 -50:40 The Windward Planning Commission, after a duly held public hearing on December 14, 2010, voted to recommend for your approval the proposed legislative bill for a Change of Zone from a Single Family Residential — 10,000 square foot (RS -10) to Industrial- Commercial Mixed — 20,000 square foot (MCX -20) zoned district for approximately 25,000 square feet of land. The property is located on the southwestern corner of East Lanikaula and Laukapu Streets, Waiakea Houselots Extension, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a Change of Zone from RS -10 to MCX -20 to allow the construction of a 7,400- square foot, single -story steel framed building on the subject property. Approximately half of the building will be used for commercial and light industrial retail spaces and the other half of the building will be used for bulk storage space for a growing tire business. The applicant plans to commence construction after obtaining the rezoning approval and all other applicable State and County permits. The construction period is anticipated not to exceed one year. The estimated cost of the project is approximately $800,000. Hawai `i County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single- Family Residential (RS -10) to the Industrial - Commercial Mixed (MCX -20) zoned district will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the General Plan in that the proposed development will occur in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. The applicant is requesting an Industrial- Commercial mixed zoning. The proposed project conforms to the Land Use - Industrial sub - element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities" and the Land Use — Commercial sub - element which states "Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The Land Use Pattern Allocation Guide ( LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The project area is designated Industrial on the LUPAG Map. This industrial designation includes uses such as manufacturing and The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 processing, wholesaling, large storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the Industrial designation on the LUPAG Map for this area of Hilo. The State Land Use designation for the property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP) adopted in 1975 suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25 -5 -130, Hawaii County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non - industrial uses to unsafe and unhealthy environments. The property is an improved 25,000- square foot parcel on the southwest corner of the E. Lanikaula Street and Laukapu Street intersection. Currently, there is a two -story dwelling on the property that was constructed in 1935, which will be relocated and reused by Habitat for Humanity. The land uses in the immediate area are a mix of single - family residential, commercial and industrial uses. The adjacent property to the south is a vacant property zoned MCX -20, which was approved under Ordinance No. 03 109 on July 9, 2003. Further south across E. Kawili Street is the old industrial area which consists of properties zoned ML -20. To the east across Laukapu Street is an industrial - commercial complex zoned ML -20. To the southeast across Laukapu Street is a property zoned MCX -20 that currently has several dwellings on -site. Properties to the west and north of the subject property are zoned RS -10 in residential uses. Therefore, a favorable recommendation of this change of zone request will be a compliment to the existing industrial character within this particular portion of Hilo. All utilities and services are available to the site. Access to the project site is proposed from E. Lanikaula Street and Laukapu Street, which are both County roadways. Both accesses are proposed to be full movement accesses. There are sidewalks on the property located to the east across Laukapu Street. A condition of approval will also require that the applicant install concrete curb, gutter and sidewalk along the Lanikaula Street and Laukapu Street property frontage, as well as pavement widening, drainage The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 improvements, and utility relocation that may be required by the Department of Public Works. These improvements will be located within the road widening strip which will be delineated and dedicated to the County. County water is available to the site. The project will connect to the County's sewer line fronting the subject property on Lanikaula Street. Solid waste will be handled by commercial haulers. Electricity and telephone services are available to the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X ", area determined to be outside the 500 -year floodplain. All development generated storm run -off shall be disposed of on -site and not allowed onto adjacent properties or roadways. As the property is developed, no professional archaeological survey was conducted of the site. No professional flora or fauna surveys were conducted of the site. The property is located in an urban setting close to existing industrial and commercial uses and has been in residential uses since 1935. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The project site is located more than two miles from the shoreline, not located in the Special Management Area, and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Single - Family Residential (RS -10) to an Industrial - Commercial Mixed (MCX -20) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25 -8 -33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) is transmitted. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Rell Woodward, Chairman Windward Planning Commission Ltanouyerez 10 -000133 wwpc2 Enclosures cc: Mr. Neil Fujiyama Tanouye Family Partners Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD Amy Self, Esq., Corporation Counsel BTanouyeREZ10- 133Jwd 11/18/10 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT TANOUYE FAMILY PARTNERS CHANGE OF ZONE APPLICATION (REZ 10 -133) TANOUYE FAMILY PARTNERS has submitted an application for a Change of Zone from Single- Family Residential 10,000 square feet (RS -10) to Industrial - Commercial Mixed 20,000 square feet (MCX -20) for 25,000 square feet of land. The property is located at the southwest corner of the E. Lanikaula Street and Laukapu Street intersection, Waiakea, South Hilo, Hawaii, TMK: 2-2-50:40. PROPOSED DEVELOPMENT 1. Applicant's Request: The applicant is requesting a Change of Zone from RS -10 to MCX -20 to construct a 7,400 - square foot, single -story steel framed building on the subject property. Approximately half of the building will be used for commercial and light industrial retail spaces and the other half of the building will be used for bulk storage space for a growing tire business. (Planning Department Exhibit 1 - Change of Zone application) 2. Timetable and Cost: The applicant plans to commence construction after obtaining the rezoning approval and all other applicable State and County permits. The construction period is anticipated not to exceed one year. The estimated cost of the project is approximately $800,000. 3. Landowner: The applicant is the landowner of the property. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. General Plan LUPAG Map: Industrial. 6. County Zoning: RS -10. 7. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. 1 on May 21, 1975, designates this area as RS -10. 8. Special Management Area (SMA): The SMA is a part of the Coastal Zone Management Program regulated by the County. The project site is located more than two miles from -1- ATTACH: Comm. 59 Bill 15 the shoreline and is not in the SMA. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 9. Subject Property: The property is an improved 25,000- square foot parcel on the southwest corner of the E. Lanikaula Street and Laukapu Street intersection. Currently, there is a two -story single - family dwelling on the property that was constructed in 1935. 10. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of single - family residential, commercial and industrial uses. The adjacent property to the south is a vacant property zoned MCX -20, which was approved under Ordinance No. 03 109 on July 9, 2003. Further south across E. Kawili Street is the Kanoelehua industrial area which consists of properties zoned ML -20. To the east across Laukapu Street is an industrial - commercial complex zoned ML -20. To the southeast across Laukapu Street is a property zoned MCX -20 that currently has several dwellings on -site. Properties to the west and north of the subject property are zoned RS -10 in residential uses. 11. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). 12. Land Study Bureau's Productivity Rating: Existing Urban Development. 13. ALISH: Existing Urban Development. 14. FIRM: Zone "X ", an area outside of the 500 -year flood plain. 15. Flora /Fauna: No professional surveys were conducted of the site due to the previous improvements and the location of the property in close proximity to industrial and commercial uses. There are some African Tulip, Lime, Gunpowder trees and other shrubberies located on the property. 16. Arch aeological/Historical Resources: According to the applicant, no commissioned archeological survey was conducted for the site due to its urban location and present residential use for over 75 years. Additionally, there has been previous grubbing and grading that has altered the land. The Department of Land and Natural Resources -State Historic Preservation Division issued a "no- effect" letter dated August 26, 2010 stating that DLNR -SHPD has determined that "the project will not affect a historic property ". 17. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. -2- 18. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the project site is proposed from E. Lanikaula Street and Laukapu Street, which are both County roadways. Both accesses are proposed to be full movement accesses. There are sidewalks on the property located to the east across Laukapu Street. According to the Department of Public Works (DPW), Lanikaula Street is a secondary arterial with a right -of -way width of 50 feet. Laukapu Street is a collector with an existing right -of -way of 40 feet fronting the property. DPW is recommending that the applicant provide improvements to the property's entire frontage along Lanikaula Street and Laukapu Street consisting of, but not limited to, a minimum 20 -foot radius at the intersection, pavement widening with concrete curbs, gutters and sidewalks, drainage improvements, and any required utility relocation meeting with the requirements of ADA and the approval of DPW. The improvements shall be located within the established future road widening setbacks. 20. Water: County water is available to the site. 21. Wastewater: The project will connect to the County's sewer line along Lanikaula Street fronting the subject property. 22. Solid Waste: Solid waste will be handled by commercial haulers. 23. Essential Utilities and Services: Electricity and telephone services are available to the site. County fire, police and emergency medical services are available to the project area. Hilo Hospital is located approximately three miles from the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 24. Department of Public Works: (Planning Department Exhibit 2 —October 12, 2010 Memo) 25. Department of Water Supply: (Planning Department Exhibit 3 —October 13, 2010 Memo) 26. Department of Environmental Management: (Planning Department Exhibit 4 — September 28, 2010 Memo) 27. Police Department: (Planning Department Exhibit 5 —October 4, 2010 Memo) -3- 28. Fire Department: (Planning Department Exhibit 6 —September 27, 2010 Memo) 29. Department of Health: (Planning Department Exhibit 7 —September 27, 2010 Memo) PUBLIC COMMENTS 30. As of the date of this writing, the Planning Department has not received any objections from the general public or adjacent landowners on the subject application. -4- �i CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Tanouye Family Partners , APPLICANT'S SIGNATURE: ~ i 4- `s� �� DATE: t I 10 ADDRESS: 266 Kekuanaoa Street Hilo Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPALS) INCLUDING NAMES OF MAIN OFFICERS: Kenneth Tanou PHONE:(Bus.) 961 -2604 (Res.) 935 -5849 (Fax) 969 -6658 LANDOWNER(S): Tanou e Famil Partners LANDOWNER SIGNATURE(S): ��� DATE: (May be 6y letter) LANDOWNER(S) ADDRESS: 266 Kekuanaoa Street, Hilo, Hawaii 96720 REQUEST: RS -10 TO MCX -20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2 -2 -050: 040 STREET ADDRESS OF PROPERTY: 430E Lanikaula Street, Hilo, Hawaii 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 25,000 square feet AGENT: Fujiyama Construction Inc. Attention: Neil Fujiyama ADDRESS: 239 Kalanikoa Street, Hilo, Hawaii 96720 TELEPHONE: (Bus.) 989 -6345 (Res.) 959 -0140 (Fax) 933 -1034 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Fujiyama Construction Inc. COPIES: Tanouye Family Partners Planning Dept. Exhibit ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? NO If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? NO b. Sell or lease the land to someone who has tentative plans? NO C. Sell or lease the land to someone who has no plans? NO d. Keep it? YES e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. Proposed is a 7,400 sft building be built. Steel framed, single story w/ impoved parking, curbs, etc. 4. Have you performed any study which would demonstrate a need for your proposed building and /or development? NO if so, please elaborate on your findings in the space provided below. -2- 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and /or the County? NO If so, please elaborate on your findings in the space provided below. 6. Are there any buildings on the subject area? YES If so, what kind? One residential home, single wall construction. What do you intend to do with those buildings if your request is approved? Residental home to be donated to Habitat for Humanity to be relocated and reused 7 • Is the subject land currently being used for any agricultural activity? NO if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 8 To your knowledge, has there been any flooding and /or drainage problem on the subject area? NO If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? NO If so, what kind? Is the road adequate for the proposed traffic volume or load? YES 10. What sort of governmental assistance and /or improvements do you feel will be needed in the subject area when developed? yes Uo a. Schools X b. Roads X C. Sewer X d. Drainage X e. Police Protection X f. Fire Protection X 9 . Recreational Facilities X h. Recreational Facilities X i. -4- For those checked "yes," please elaborate what type or kinds of improvements and /or assistance are needed. 11. Have you performed any historic sites study and /or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. None was done, this is already a developed area. Signature: Address: 266 Kekuanaoa Street Telephone: 961 -2604 Date: 9/13/10 -5- 6338A/50A P. D. 5/84 Background and County Environmental Report (Attachment to Change of Zone, Project District, and Agricultural Project District Applications) A. SUBJECT REQUEST The applicant Tanouye Family Partners wishes to rezone the subject site from Single - Family Residence 10,000 square feet (RS -10) to Industrial - Commercial Mixed 20,000 square feet (MCX -20) for approximately 25,000 square feet of land. The property is located on the southeast corner of Lanikaula Street and Laukapu Street, Waiakea, South Hilo, Hawaii TMK: 2- 2 -050: 040. Its street address is 430E Lanikaula Street. Change of zone from RS -10 to MCX -20 to construct a 7,400 square foot single story steel framed building on this parcel to be used as 3,750 square feet commercial and light industrial retail spaces and a 3,650 square feet bulk storage space for a growing tire business. The owner is anticipating a total construction cost of $800,000.00 upon completion. Construction will commence upon obtaining the required rezoning approvals and County /State permits required for construction. We expect the construction period will not exceed 1 year. As show in the proposed site plan a minimum of seventeen (17) standard parking stalls and (1) one van ADA stall are provided per the Planning Department's regulations. (1) One 15' x 50' loading zone /dock is also provided for the bulk storage area. As proposed there would be a full movement access onto Lanikaula Street and a full movement access from Laukapu Street. The owner does not anticipate an increase in traffic in this area. Due to the nature of the business that will occupy the proposed building, there is a minimal client traffic expected for the retail spaces. Business hours will be from 8:00 am to 5:00 pm Monday through Friday. The bulk storage for the tire business will take a delivery of tires at the frequency of (2x) twice a month. Presently the delivery of tires are delivered to a storage space across the street on the east side of Laukapu street, which will be relocated to the north side proposed bulk storage (no additional traffic impact). Client traffic for the retail spaces will be minimal and will occur only during business hours. We anticipate that the current traffic impact on the current traffic load in this area will be negligible. The proposed off -site infrastructure includes an existing County water system, County sewer system, paved County standard road, electricity, telephone service and cable service. The proposed on -site infrastructure will include 1 utilizing the existing 5/8" water meter, County sewer system (current building is on county sewer system), providing new County standard sidewalk fronting the property, grading and paving of the parking, on -site storm water drainage systems, and connecting to the electric and phone systems along Lanikaula Street. B. CONFORMANCE WITH STATE /COUNTY PLANS The subject property is designated Urban. As such, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. The County General Plan Land Use Pattern Allocation Guide (LUPAG) map, if scaled, designates the site Industrial. Within this designation, mixed industrial and commercial uses are allowed. It should be noted that there are other properties in this vicinity that have the same General Plan Designation and are zoned MCX, CG, CV & CN, which would be consistent with the applicants request for rezoning. No General Plan amendment is necessary. The present County zoning of the subject site is Single - Family Residential (RS -10). The General Plan Designation for the proposed site is Industrial which is consistent with the proposed change in zoning designation from RS- 10 to MCX -20. The Community Development Plan (CDP) attempts to further define the General Plan and provides some short and middle range implementation strategies of the General Plan it was adopted by the Planning Commission in 1975, over 35 years ago. The CDP's Land Use Concept map identifies a RS- 10 designation for this area. The plan was adopted thirty-five years ago, with the General Plan being revised three times. Within this period there were many land use growth in Hilo and its outlying areas, such as shopping areas, commercial uses near educational complexes and expanded commercial and industrial uses, which have made many of the land use concepts of the CDP obsolete. The proposed site is located approximately 2 miles from the shoreline and is not within the County Special Management Area (SMA). No SMA Use Permit would be required for the change in zoning application. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: The rectangular property is 25,000 square feet (200' x 125') and is located at 430E Lanikaula Street on TMK 2 -2- 050:040 in the Waiakea House Lots Area. 2 There is presently an existing two story residence which will be relocated and reused by Habitat for Humanity before construction. The proposed site is generally flat. The elevation of the site is approximately 55 feet to 60 feet above mean sea level. The mean annual rainfall is about 131.1 inches per year, per the State Commission of Water Resource Management. The wetter months tend to occur between October and April. The mean annual temperature is about 73 degrees Fahrenheit. Wind patterns are generally trade winds (easterly) during the day and mountain winds (westerly) during the evenings. The United States Geological Survey (USGS) map of Lava Hazard Zone for the Island of Hawaii classifies this area as a Lava Hazard Zone 3. Lava Hazard Zone 3 is the case for all the City of Hilo. As the site is located over two miles form the coastline and is located outside of the Tsunami Evacuation Zone. The U.S. Department of Agriculture Soil Survey Report classifies the soil as Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). The soil type consists of well- drained, thin organic soils over pahoehoe lava bedrock. The site is within a heavily urbanized area therefore the Land Study Bureau Overall Master Productivity Rating provides no soil classification of the site and surrounding areas. The site is not classified under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. The State's classifications do not recognize this site as being agriculturally important. The U.S. Corps of Engineers' Flood Insurance Rate Map (FIRM) designates the proposed site to be in Zone X (areas outside of 500 -year flood plain). There are no existing drainage ways though the site and should not be subject to flooding. This site is prone to existing ambient noise including vehicular traffic on Lanikaula Street and incoming and outgoing flights out of the Hilo International Airport. The proposed change of zone of this property should not have any additional impact to the surrounding areas. Any short term noise impact associated with the construction of the project shall be temporary and comply with all applicable State rules. The proposed project should not directly impact air quality in this area. The proposed project will not house industries that are air pollutant in nature, therefore there will not be any additional air pollutants generated by any activities. There will not be any additional dust impact to the surrounding areas as a result of the project. With the requirement of paved areas for 3 parking and landscape area there will no unimproved areas in the property that will generate additional dust to the surrounding areas. Any fugitive dust during the construction of the project will be in compliance with the Department of Health rules and regulations. Historic Resources: No commissioned archeological survey was conducted for the site due to its urban location and present residential use for over 75 years. Previous grubbing and grading on this developed site has altered the land reducing the prospect of finding any archeological findings. However, during the course of development, if any archeological features or findings be uncovered, work will immediately cease and the applicant will notify the Planning Department. Natural Resources: No commissioned flora survey was conducted of this site due to the former improvements and located in close proximity to industrial and commercial uses. There are some typical residential type of vegetation on the lot consenting of African Tulip, Lime, Gunpowder trees and other shrubberies. The site is unlikely to have any threatened or endangered plant life. There will be no scenic or coastal resource impact on the development of this proposed site. The property is located over 2 miles from the coastline in a well developed area with residential, commercial and industrial use areas. Valued Cultural Resources: There are no traditional or customary native Hawaiian rights that are exercised in this area of the proposed change of zone designation. There are no known valued cultural, historical or native resources in the area. Public Access: This site has been used residential for well over 75 years. There are no existing public access to or along the shoreline or the mountain areas and no knowledge of current or past public access being used. Social - Economic Characteristics: The social settlement pattern for this area is a mixture of residential properties commercial and industrial properties. The proposed change of zone is consistent with the current social settlement pattern of this area. Since the proposed site is located in Hilo it is afforded all of the economic resources that are currently present in this area. Resources include Hilo International Airport, Port and Pier of Hilo, Police and Fire departments, Shopping area, public utilities, restaurants, and etc. The project will not limit or be limited by the existing economic resources only add to them. It is proposed that the project will house a diverse group of businesses adding to and enhancing the economic resources of this area. 4 Current land values should not be affected by the proposed development due to the existing properties that have be re -zoned into commercial /industrial designations. Any increases in property values have been realized and any additional increase would be only associated with real estate market trends in Hilo, not due to the realization of this project. Surrounding lands: The current land use of the area is a mixture of residential, commercial and industrial uses. Industrial properties include automotive repair, contractors, iron works, engineering, and etc. Commercial properties include offices, churches, restaurants, retail stores and etc. The surrounding existing zoning includes; RM, R, CN, CV, CG and MCX. Business that are located in close vicinity to the proposed property is CAR auto repair, Edward Hirayama Electric, Ohana Green House, Engineering Partners Inc, Les Carpet, Business Automation, Ryans Okazuya, Affordable Catering, Sputniks, Hilo Iron Works, Leungs, Ohana Greenhouse, Dr Lee - Ching and etc. These properties are all consistent with our proposed development. D. PUBLIC FACILITIES AND SERVICES Access to this development is proposed from Laukapu Street and Lanikaula Street, both County roadways. Laukapu Street and Lanikaula Street are proposed to be full movement access. Laukapu Street has a right -of -way of 40 feet with a pavement width of 22 feet. The shoulders range from 4 -8 feet and there is a sidewalk section across the subject site. Lanikaula Street has a right -of -way of 50 feet with a pavement width of 22 feet. The shoulder range from 4 -8 feet and there is a sidewalk section adjacent to subject site. Although there may be some measure of traffic impact, there are a few conditions that will help mitigate the traffic impact. First both streets are relatively straight in this area, providing good sight distance and traffic flow. Second the location of both proposed driveways will be situated as far as possible from the intersections. The County waterline fronts the subject site. It is anticipated that the existing 5/8" water meter will be sufficient for the proposed use. If however the need arises, there is adequate water supply on the Lanikaula Street and any meter upgrade required by Department of Water Supply will be complied with. 5 There is an existing sewer main and sewer lateral fronting the Lanikaula Street side of the property. The existing structure is currently connected to the existing sewer lateral and when removed the new proposed structure will be connected. All solid waste generated by the construction of the new structure will be removed and hauled by commercial hauler and disposed of in an authorized landfill. Any solid waste that is in association with the operations of the new structure will be handled through a commercial hauler and disposed in an authorized landfill. Since this development is very small this should have little or no impact on the existing solid waste situation. This project is located in the city of Hilo in a highly urban area and is currently already serviced by Police and Fire Protection. No extension of government services would be required and existing facilities should be sufficient to accommodate the small demand of the project. There are three County Fire Stations and Emergency Medical Services located within 5 minutes of the project. A Police Station is located less than 2 miles from this site. As this is a Commercial /Industrial project, it should have little or no direct impact to schools, parks and other related facilities. There are parks and schools located within a 2 -mile radius of the proposed development. Telephone, electricity and cable are available along Lanikaula Street and are available to this site. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS The local short term use of this site would probably be to do nothing and continue the use as residential. This alternative would not help the growth or development of any businesses. There are currently more properties in Hilo with RS zoning designation than there are properties with a commercial /industrial zoning designation that can be used for residential uses. This project should not result in any significant adverse short or long term impacts that cannot be mitigated. There will be however some economic benefits that will result in the construction and realization of this project, that will generate an increased tax revenue that will supplement County and State resources. This project will also provide services that will be made accessible to the region as well as the immediate neighborhoods. This development will provide a home for growing Hilo based businesses in a fee simple (not lease land) providing long term sustainability and stability. There are no anticipated negative impacts associated with this proposed project. The development will enhance the area with new sidewalks, paved 6 parking, landscaping, on site drainage and any other required off and onsite infrastructure. The site currently is disturbed and developed, used residentially for over 75 years. There are no irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented. The likelihood of finding archeological features on the site is remote due to the past development; any unanticipated finds will be properly mitigated upon consultation with appropriate government agencies. 7 a00 8 O 7 ¢ —M U� c �� a W N x X a ti y�r N a o © a 133tl15 3700M/,N Q a NOISlAl09nS I GNCH 13 v o 4 " 09 lY7d J � 0 fF 1 (E) n k O fk k R O • ti. O O \' ' Fl • say. r',', j • y.l �•1 O•.FVa ieNn KA" `Y � C � t� •133y15 r V73MOOd U ®a; s ®, > km = Igo � a Ott G E 0 . It n ;� � 7s a S j ••r .w •< 13 1S e'7MVINV7 .c N •<�' •1— Y] I • 11 a Y 'I II 3 ' ILE i7170i9 9GI' YI7o10l4 mCt� 56 �I�p'79 Y �F i k C 1Z ffoot � \ N OI � O C1 sll <3 sou w /m7 a-v -AMIN : s�iQOS :o : a�sra ao rn ee, a 1 21 - EDBE :o/y DMO 0 CD Z a 1 > < 5 0 00 0 C) 6 L O X C) rt C\j C46 Zz o .2'� + 0207 F L,j LJ zt: 0 o 0 L, z 0,--2 'o 0 . - + N -0 C, 0, ' 00 , 9Z I x T tn �i 6 0 � -, O o—ow M/�j ' 00 , OV 'XD c O O \Qua, �2 m/b og 32jn1n3 00 LLJ 6 z (D Ln ... ..... < ... .. .... . ..... 0 U Ow NI LLJ fr V) 0 0 W 0 C) m 00 00W ONIN30LM 13381S 00*OL 00 (n 00 Y 0 0 V) 0 1 LLj . ..... -LJ- ... ........ ..... < 1 — <-3: N O U D < a- -U-) V) u i 0 0 m ,n C LLJ "'� ................ L) _j .. ........ N u w : z D 0 C-) < LLJ @,doospuD� z)p!m ot ot 4 AIVM301S R e8no 'ONOO M3N 3NII AA3dOdd ONIISIX3 3NII AI233dOHd M3N 'i s v i n v >i I N V Description Lot 4 -A All that certain parcel of land being portions of Grant 9660 to Mrs. Alicia Wung. Being also portions of Lot 3 and Lot 4, Block 45, Waiakea House Lots, First Series, Waiakea, South Hilo, Island and County of Hawaii, State of Hawaii Beginning at the Northwest corner of this parcel of land, the east corner of Lot B, Block 45, Waiakea House Lots First Series and the south side of Lanikaula Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3,493.00 feet South and 9,956.00 East, running by azimuth measured clockwise from True South, 1. 270 00' 125.00 feet along the south side of Lanikaula Street; 2. 00 00' 200.00 feet along the west side of Laukapu Street; 3. 90 00' 125.00 feet along Lot 6 -A, portion of Grant 12,861 to Charles and Miyuki Otani; 4. 180 00' 200.00 feet along Lot B, portion of Grant 9660 to Mrs. Alicia Wung to the point of beginning and containing an area of 25,000 square feet, more or less. Subject To: A Ten Foot (10.00') future road widening setback along Laukapu Street, and a Five Foot (5.00') future road widening setback along Lanikaula Street. B A L, Description Prepared By: Bering P PROMSESICNAL LAM SURVEYOR 0 No. 7564 ONALDO AURELIO sy � icensed Pro ssional Land Surveyor 11, V C O- Certificate Number 7564 Expires April 30, 2012 Hilo, Hawaii, September 2010 Tax Map Key: 3 Div. 2 -2 -050: 040 OINN�R Tanouye Family Partners 266 Kekucinooa St. Hilo, Hawaii g672O To Kilauea Ave. To Konoelehuo Ave. -- `° I j LANI fKAULA STREET 270 125.00 O /V 3,493.0:5 5 -Ft. Future road q"456.0: E "HALAI "A widening setback L__ R =20' Easement A For Sewer Purposes 0 "A IAKEA O HOUSELOTS p I- 6 to LU GRANT 9660 a 0 LOOT _A ExIsting owc.0in9 Ol =ANUN TO MRS. AL C� � QL � 0 o 0 0 � 0 i o B Jeremy J. McGomber c -� d Annette N( McGomber (owners) Q ti FIRST SERIES --� v B L O C K 45 q0 °00' 125.00 N JJ Q i 3 W Lot 6 -A Y PORTION OF GRANT 12,861 TO CHARLES AND MIYUKI OTANI -a I 00N50L 11DATI0N MAP LOT 4 -A Q LICENSED .} PROFESSIONAL BEING A G0N50LIDATI0N OF LOT 4 LAND SURVEYOR AND A PORTION OF LOT 3 OF BLOCK 45 A 41 G, WAIAfKEA HOUSE LOTS, FIRST SERIES S ° h � F AIh� 2 (PORTIONS OF GRANT (4,660 TO ALIGIA WUNG) o YJAIAKEA, SOUTH HILO, ISLAND OF HAWAII, HAYVAII TAX MAP KEY: 3rd L71V. 2- 2- 050:040 ° r June ,30, 2010 y INABA ENGINEERING, INC. IEI #1001? CIVIL ENGINEERING & LAND SURVEYING 273 Woianuenue Ave. * Hilo, Hawaii 96720 CHANGE OF ZONE APPLICATION LIST OF NAMES, ADDRESSES AND TMK FOR SURROUNDING PROPERTIES TMK NUMBER NAMES (OWNERS AND LESSEES OF RECORD) ADDRESSES 22036125 John G. Carvalho 768 Kalanikoa Street 22036142 Cosme family trust 749 Hinano St 22036144 Chung family trust 411 E Lanikaula St 22036152 Manarpaac, Trinidad & Luis / Justo, Adarlina 411 B E Lanikaula St 22037001 Okamura, Wendy, Gerald & Alan 469 E Lanikaula St 22050038 Kimura, Vince 820 Laukapu St 22050106 McComber, Jeremy & Annette 426 E Lanikaula St 22050014 Fujioka, Craig 75 Puuhonu PI. Suite 104 22050039 Jirauan, Thomas / Miyazaki, Jirapon 422 E Lanikaula St 22050040 Tanouye Family Partners 430 E Lanikaula St 22050043 Rodrigues, Trevor & Glenda 819 Laukapu St 22050099 Blue Bird Group LLC 805 Hinano St 22050067 State of Hawaii 22050068 Tachibana, Sumiko/Tachibana, Marc Ken / Tachibana, Fume Karen / Bell Rae, Setsuko 820 A Kalanikoa St 22050070 Kato, Walter Toshiro & Walter Toshir Jr 470 A E Lanikaula St 22050073 Akahoshi Enterprises Inc 14 Makaala St 22050037 Kimura, Vince 31 Makaala St. 22050100 Binyan, Ruth Marie Trust 470 E Lanikaula St 22050101 Fukaura, Shoichi & Mutsuko Trust 402 E Lanikaula St 22036107 Nakamura, Mabel Kazuko /Nakamura Bunji /Ching, Liann Gay 417 E Lanikaula St 22050011 Ueda, Isoichi 414 E Lanikaula St 22050012 Yamachika, Hsin -Yi Huang / Lin, Dien Jung 791 Hinano St 22050013 Sakai, Mitchell & Gaye Y 805 A Hinano St 22036105 Yabe, Shikego & Ronald T / Miimi, Ellen / Matsuda, Lillian S 768 Laukapu St 22036106 Lee-Ching, Richard Trust 780 Laukapu St 22036063 Hirayama, Edward Hiyoshi & Diane Sachie 767 Laukapu St 22036065 Abe, Amy Sueko /Sakai Trust 781 Laukapu St 22036093 CR Dispatch Inc 761 Hinano St 22050091 S Ikeda Factory Ltd. 17 Makaala St 22050041 Tanouye Family Partners 811 Laukapu St 22036134 NST Development LLC 455 E Lanikaula St FORM A -6 STATE OF HAWAII — DEPARTMENT OF TAXATION FOR OFFICE USE ONLY (REV. 2009) TAX CLEARANCE APPLICATION PLEASE TYPE OR PRINT CLEARLY BUSINESS START DATE IN HAWAII IF APPLICABLE i�/ of 74 1. APPLICANT INFORMATION: (PLEASE PRINT CLEARLY) HAWAII RETURNS FILED (� IF APPLICABLE Applicant's Name Q ?�1 R 20 20 20 e Address } K, City /State /Postal /Zip Code � � i STATE APPROVAL STAMP DBA/Trade Name (Not valid unless stamped) 2. TAX IDENTIFICATION NUMBER State O H-1 ` ED HAWAII TAX ID # W D �j tf� O / FEDERAL EMPLOYER ID # ci G i U (FEIN) SOCIAL SECURITY # (SSN) Depa�tmer i of Taxation 3. APPLICANT IS A/AN (MUST CHECK ONE BOX) *IRS APPROVAL STAMP ❑ CORPORATION ❑ S CORPORATION ❑ TAX EXEMPT ORGANIZATION — ❑ INDIVIDUAL GYPARTNERSHIP ❑ ESTATE ❑ TRUST ❑ LIMITED LIABILITY COMPANY ❑ LIMITED LIABILITY PARTNERSHIP ' ❑ Single Member LLC disregarded as separate from owner; enter owner's FEIN /SSN ❑ Subsidiary Corporation; enter parent corporation's name and FEIN E 4. THE TAX CLEARANCE IS REQUIRED FOR: (MUST CHECK AT LEAST ONE BOX) 1 CITY, COUNTY, OR STATE GOVERNMENT CONTRACT IN HAWAII * ❑ LIQUOR LICENSE ❑ REAL ESTATE LICENSE ❑ CONTRACTOR LICENSE ❑ BULK SALES ** ❑ FINANCIAL CLOSING ❑ PROGRESS PAYMENT ❑ PERSONAL CERT.IFI COPY STAMP ❑ HAWAII STATE RESIDENCY ❑ FEDERAL CONTRACT ❑ LOAN ❑ SUBCONTRACT ❑ OTHER * IRS APPROVAL STAMP IS ONLY REQUIRED FOR PURPOSES INDICATED BY AN ASTERISK. ** ATTACH FORM G -BA, REPORT OF BULK SALE OR TRANSFER 5. NO. OF CERTIFIED COPIES REQUESTED: - 6. SIGNATURE: hOA-1 IGNATURE DAT TELEPHONE FAX PRINT NAME PRINT TITLE: Corporate Officer, General Partner or Member, Individual (Sole Proprietor), Trustee, Executor POWER OF ATTORNEY. If submitted by someone other than a Corporate Officer, General Partner or Member, Individual (Sole Proprietor), Trustee, or Executor, a power of attorney (State of Hawaii, Department of Taxation, Form N -848) must be submitted with this application. If a Tax Clearance is required from the Internal Revenue Service, IRS Form 8821, or IRS Form 2848 is also required. Applications submitted without proper authorization will be sent to the address of record with the taxing authority. UNSIGNED APPLICATIONS WILL NOT BE PROCESSED. PLEASE TYPE OR PRINT CLEARLY — THE FRONT PAGE OFTHIS APPLICATION BECOMES THE CERTIFICATE UPON APPROVAL. SEE PAGE 2 ON REVERSE & SEPARATE INSTRUCTIONS. Failure to provide required information on page 2 of this application or as required in the separate instructions to this application will result in a denial of the Tax Clearance request. (Page 1 of 2) LINDA LINGLE 't % 4 N LAURA H. THIELEN GOVERNOR OF HAWAII Af� 1 ay+7� BOARD OF LAND a � S 'IVRAL RESO URCES 9 CD)^W SIGN ON WATER RESOURCE MANAGENaga I t KEN C KAWAHARA DEPUTY DIRECTOR• WATER AQUATIC RISOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COX&OSION ON WATER RPSOURCS MANAGEMENT CONSERVATION AND COASTAL LANDS STATE OF HAWAII CONSERVATION AND RESOURCES ENFORCEMENT S N FNONFEEKNO DEPARTMENT OF LAND AND NATURAL RESOURCES � Y �� RAHOOLAWE ISLAND RESERVE CM4010N STATE HISTORIC PRESERVATION DIVISION sum Rs 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 DATE: August 26, 2010 LOG: 2010.3047 DOC: 1008RS54 TO: Department of Planning Architecture County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 SUBJECT: Chapter 6E -42 Historic Preservation Review / Demolition of a SFD Permit # (None) Building Owner: Tanouye Family Partners Location: 430 East Lanikaula Street, Hilo Tax Map Key: (3) 2- 2- 050:040 This letter is in response to materials sent to our office on August 26, 2010, re possible demolition of a single family residence at 430 East Lanikaula Street. The house is two stories in height and constructed of wood; with sliding, double hung, and picture windows; attached carport; and a corrugated iron hipped roof. The area of potential effect would be the lot. Hawaii County online records show the building was originally constructed in 1935. The building has been altered with the application of external siding throughout. The building is not eligible for the Hawaii Register of Historic Places. The owner has provided documentation in the forms of interior and exterior photographs; floor layouts; and a completed historic resources inventory. Based upon the information presented, the project will not affect a historic property. Any questions should be addressed to Ross W. Stephenson, SHPD Historian, at (808) 692 -8028 (office), (808) 497 - 2233 (cell) or ross.w.stephenson @hawaii.gov. Mah a opportunity to comment. s I Pua Atu, Administrator, Hawaii Historic Preservation Division (SHPD) *ate In the event that historic resources, including human skeletal remains, lava tubes, and lava blisters/bubbles are identified during construction activities, all work should cease in the immediate vicinity of the find, the find should be protected from additional disturbance, and the State Historic Preservation Division should be contacted immediately at (808) 692 -8015. cc: Tanouye Family Partners 266 Kekuanaoa Street Hilo, Hi 96720 DtPARTMENT OF PUBLIC WORKS ` COUNTY OF HAWAII HILO, HAWAII a iI DATE: October 12, 2010 �'i�LGO1 �i i TO: BJ Leithead Todd, Planning Director FROM: Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000133) Applicant: Tanouye Family Partners Request: RS -10 to MCX -20 Tax Map Key: 2 -2 -50: 040 We have reviewed the subject application forwarded by your memo dated September 23, 2010 and offer the following comments for your consideration. All development - generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500 -year floodplain. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. The Zoning Map (Ordinance No. 187) classifies Lanikaula Street as a secondary arterial with an existing right -of -way width of 50 feet. Laukapu Street is classified as a collector with an existing right -of -way width of 40 feet. Provide a minimum 20 -ft corner radius (property line) at the intersection of Lanikaula Street and Laukapu Street incorporating any future road widening setbacks as may be established by the Planning Department. All driveway connections shall conform to Chapter 22, County Streets, of the Hawaii County Code. The Lanikaula Street driveway as shown proposed site plan (included with the application) is approximately 63' from the intersection. The code requires a minimum of 75' including flares. Based on the proposed zoning, we recommend the applicant provide improvements to the subject property's entire Lanikaula and Laukapu Street frontages consisting of, but not limited to, pavement widening with concrete curbs, gutters and sidewalks, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located within the established future road widening setbacks. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and i such devices. Planning D e p t. t. 7 Questions ma y be referred to Kelly Gomes at ext. 8327. Exhibit. a V. I County of Hawaii is an Equal Opportunity Provider and Employer gig y E WATF,t 5)�(` 4 SGAA <� 19 49 P DEPARTMENT OF MATER SUPPLY COUNTY OF HAWAVI GyTy�fHAWp 345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 October 13, 2010 TO: Ms. BJ Leithead -Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000133) APPLICANT — TANOUYE FAMILY PARTNERS REQUEST: RS -10 TO MCX -20 TAX MAP KEY 2 -2- 050:040 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 8 -inch waterline within Laukapu Street or from an existing 8 -inch waterline within Lanikaula Street, both fronting the subject parcel. The subject parcel is currently served by an existing 5/8 -inch meter, which is limited to one unit of water with an average daily usage of 400 gallons. The Department has no objection to the proposed Change of Zone application subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations for the proposed commercial/industrial retail spaces, and bulk storage space, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the total estimated daily water usage in gallons per day and the estimated peak -flow in gallons per minute. Upon acceptance of the water usage calculations, the Department will determine the water commitment deposit amount, appropriate meter size, facilities charges due, and other requirements for water service. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. The installation of the backflow prevention assembly must be inspected and approved by the Department before water service can be activated. 3. Please be informed that the existing 8 -inch waterlines within Laukapu Street and Lanikaula Street are looped and therefore adequate to provide 2,000 gallons per minute for fire protection, as required per the Department's Water System Standards. 4. Subject to other agencies' requirements to construct improvements within the road right -of -way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Planning Dept. Exhibit 3 SCANNED 1 , 1 T,�0'3 ... Water, Our Most Precious Resource ... Ka `INai A Kane ... ��' --�- ----- I Ms. BJ Leithead -Todd, Planning Director Page 2 October 13, 2010 i Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961 -8070, extension 256. Sincer�lly,,yours, Milto D Pavao, P.E. Man ger RQ:dfg copy — Tanouye Family Partners Neil Fujiyama, Fujiyama Construction Inc. V 0i k William P. Kenoi . * Frank J. DeMarco, P.E. Mayor Director William T. Takaba Managing Director Ivan M. Torigoe Deputy Director valluldu Of afxnt DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 Fax (808) 961 -8086 hgp: / /co.hawaii.hi.us /directory /dir envmne htm MEMORANDUM Date : September 28, 2010 To . BJ LEITHEAD TODD, Planning Director From: FRANK J. DeMARCO, Director i _ Subject: Change of Zone Application (REZ 10- 000133) Applicant: Tanouye Family Partners Request: RS -10 to MCX -20 TMK: 2 -2 -50:40 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: 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 Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawai'l County Code. Complete 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. Check or line out as applicable: [ r equired 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 advisable for mitigation of impacts of the _ project. Contact Wastewater Division Chief for details. (Other: of piwTiEC'T Sao c Ctlat/4,aj Fr2 t)cjDOc Oc.S C KL13� 'N /C�PLrCti- i'r:�� JF S�wEvt� .�7k,�� M�-Y 3E r �tJesr.ep SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) Planning Dept ( ) No comments Exhibit () 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 it 7SCANE _ (, Ample and equal room should be provided for rubbish and recycling. �q Page 1 of 2 County of Hawaii is an Equal Opportunity Provider and Rmnlnvrr Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (3�i) Construction and demolition waste is prohibited at all County Transfer Stations. Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: cc: SWD, WWD Page 2 of 2 County of Hawaii is an Equal Opportunity Provider and Embiover. , �SY OF 4O .'`v. • M�b William P. Kenos Harry S. Kubojiri Mayor _ Police Chief Paul K. Ferreira .. Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720 -3998 (808) 935 -3311 • Fax(808)961 -8865 October 4, 2010 TO BJ LEI &D TODD, LANNING DIRECTOR FROM QE K , ASSISTANT POLICE CHIEF AREA I OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000133) APPLICANT: TANOUYE FAMILY PARTNERS REQUEST: RS -10 to MCX -20 TAX MAP KEY: 2 -2 -50:40 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and /or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Robert Wagner of South Hilo Patrol at 961 -2214. RW:Ili Planning Dept. Exhibit SCANNED (T x'43 "Hawai`i County is an Equal Opportunity Provider and Employer' I OF willisain P. Kenos Darryl J. Oliveira Mayor Fire Chief • ...... Glen P. I. Honda Deputy Fire Chief Countp of 'abjail HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720 (808) 932-2900 • Fax (808) 932-2928 September 27, 2010 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10-000133) APPLICANT: TANOUYE FAMILY PARTNERS REQUEST: RS-10 TO MCX-20. TAX MAP KEY: 2-2-50:40 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "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 sprinkler 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. CA Exhibit I A. I CT I zoao BY-4E_69 Hawai'i County is an Equal Opportunity Provider and Employer. 3 BJ Leithead Todd September 27, 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 %) i BJ Leithead Todd September 27, 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. X R OLIVEIRA Chief GA:lpc LINDA LINGLE 6 o F „ CHIYOME L. FUKINO, M.D. GOVERNOR Director of Health STATE OF HAWAII j DEPARTMENT OF HEALTH I P.O. BOX 916 HILO, HAWAII 96721 -0916 MEMORANDUM i DATE: September 27, 2010 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton InouyerY Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 10- 000133) Applicant: Tanouye Family Partners Request: RS -10 to MCX -20 Tax Map Key: 2 -2 -50:40 The subject project is located within or near proximity to the County sewer system. All wastewater generated shall be disposed into the County sewer system. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11 -46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on -site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933 -0917. We recommend that you review all of the Standard Comments on our website: http: //hawaii.gov/health/ environmental / env- planninWIanduse /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 departmeht_I Planning Dept. i z ,;; } BJ Leithead Todd September 27, 2010 Page 2 of 2 's 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. WORD:REZ 10- 000133.my RTanouyeREZ10 -133 jwd 11/18/10 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION TANOUYE FAMILY PARTNERS CHANGE OF ZONE APPLICATION (REZ 10 -133) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from RS -10 to MCX -20 to allow the construction of a 7,400- square foot, single -story steel framed building on the subject property. Approximately half of the building will be used for commercial and light industrial retail spaces and the other half of the building will be used for bulk storage space for a growing tire business. The applicant plans to commence construction after obtaining the rezoning approval and all other applicable State and County permits. The construction period is anticipated not to exceed one year. The estimated cost of the project is approximately $800,000. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single - Family Residential (RS -10) to the Industrial - Commercial Mixed (MCX -20) zoned district will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the General Plan in that the proposed development will occur in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. The applicant is requesting an Industrial- Commercial mixed zoning. The proposed proj ect conforms to the Land Use - Industrial sub - element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities" and the Land Use — Commercial sub - element which states "Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The Land Use Pattern Allocation Guide ( LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The project area is designated Industrial on the LUPAG Map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the Industrial designation on the LUPAG Map for this area of Hilo. The State Land Use designation for the property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP) adopted in 1975 suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The -2- advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25 -5 -130, Hawaii County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non - industrial uses to unsafe and unhealthy environments. The property is an improved 25,000- square foot parcel on the southwest corner of the E. Lanikaula Street and Laukapu Street intersection. Currently, there is a two -story dwelling on the property that was constructed in 1935, which will be relocated and reused by Habitat for Humanity. The land uses in the immediate area are a mix of single - family residential, commercial and industrial uses. The adjacent property to the south is a vacant property zoned MCX -20, which was approved under Ordinance No. 03 109 on July 9, 2003. Further south across E. Kawili Street is the old industrial area which consists of properties zoned ML -20. To the east across Laukapu Street is an industrial - commercial complex zoned ML -20. To the southeast across Laukapu Street is a property zoned MCX -20 that currently has several dwellings on -site. Properties to the west and north of the subject property are zoned RS -10 in residential uses. Therefore, a favorable recommendation of this change of zone request will be a compliment to the existing industrial character within this particular portion of Hilo. All utilities and services are available to the site. Access to the project site is proposed from E. Lanikaula Street and Laukapu Street, which are both County roadways. Both accesses are proposed to be full movement accesses. There are sidewalks on the property located to the east across Laukapu Street. A condition of approval will also require that the applicant install concrete curb, gutter and sidewalk along the Lanikaula Street and Laukapu Street property frontage, as well as pavement widening, drainage improvements, and utility relocation that may be required by the Department of Public Works. These improvements will be located within the road widening strip which will be -3- delineated and dedicated to the County. County water is available to the site. The project will connect to the County's sewer line fronting the subject property on Lanikaula Street. Solid waste will be handled by commercial haulers. Electricity and telephone services are available to the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X ", area determined to be outside the 500 -year floodplain. All development generated storm run -off shall be disposed of on -site and not allowed onto adjacent properties or roadways. As the property is developed, no professional archaeological survey was conducted of the site. No professional flora or fauna surveys were conducted of the site. The property is located in an urban setting close to existing industrial and commercial uses and has been in residential uses since 1935. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The project site is located more than two miles from the shoreline, not located in the Special Management Area, and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Single - Family Residential (RS -10) to an Industrial - Commercial Mixed (MCX -20) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25 -8 -33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- J�tY.oF H�k. COUNTY OF HAWAII STATE OF HAWAII ,T E • OF • N►. i BILL NO. 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 INDUSTRIAL COMMERCIAL /MIXED — 20,000 SQUARE FEET (MCX -20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2 -2- 050:040. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -8 -33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 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, Hawaii, shall be Industrial- Commercial/Mixed — 20,000 square feet (MCX -20): Beginning at the Northwest corner of this parcel of land, the east corner of Lot B, Block 45, Waiakea House Lots First Series and the south side of Lanikaula Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3,493.00 feet South and 9,956.00 East, running by azimuth measured clockwise from True South: 1. 270° 00' 125.00 feet along the south side of Lanikaula Street; 2. 00° 00' 200.00 feet along the west side of Laukapu Street; 3. 90° 00" 125.00 feet along Lot 6 -A, portion of Grant 12,861 to Charles and Miyuki Otani; 4. 180° 00' 200.00 feet along Lot B, portion of Grant 9660 to Mrs. Alicia Wung to the point of beginning and containing an area of 25,000 square feet, more or less. -1- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) 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. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -2- RS- 0 85 10 ML- 0 RS 10 F's 10 z O z c R5- 0 Q Q EEZ O CN -10 (n U Z 85 10 MCX 20 O Q Y CX2 i9 io CX -2 = Q RS -10 CX 2 R5 0 R5 10 ML -2 ML -2 J R5 0 4,IZa.zz•s E LANIKAULA ST 6,686.4AE HA N-10 R5 -10 ML -20 R 10 RS 10 ML -10 R RS SINGLE - FAMILY RESIDENTIAL- MCX-2 CN -1 10,000 SQ.FT (RS -10) R5 1 ML-10 TO INDUSTRIAL- COMMERCIAL MIXED - L-20 20,000 SQ.FT )MCX -20) ML-10 - 0 25,000 SQUARE FEET TOTAL R5 -10 MCX -20 MCX -20 8510 MCX -20 CN 10 ML -20 ML 10 5 -10 MCX -20 R5 -10 5 -10 E KAWILI ST ML-20 120 L -20 F- 20 ML -20 g R5 -10 a 0 N ML 20 ¢ 0 ML 2 M ML -20 3: Feet 0 250 500 1,000 1,500 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 SQ.FT (RS -10) TO INDUSTRIAL- COMMERCIAL MIXED - 20,000 SQ.FT (MCX -20) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: (3)2 -2- 050:040 DATE: Sep 22, 2010 anouye Family Partners Map: 1303 CTanouyeREZ10 -133 jwd 11/18/10 TANOUYE FAMILY PARTNERS CHANGE OF ZONE APPLICATION (REZ 10 -133) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. C. The applicant shall install a reduced pressure type backflow prevention assembly within five (5) feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply. D. Construction of the proposed development, including the improvements listed in Condition G, shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25 -2 -70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. E. All driveway connections to Lanikaula Street and Laukapu Street shall conform to Chapter 22, County Streets, of the Hawaii County Code. F. A 5 -foot wide future road widening strip along the Lanikaula Street frontage and a 10 -foot wide future road widening strip along the Laukapu Street frontage shall be subdivided and dedicated to the County within five (5) years from the effective date of this ordinance. G. The applicant shall provide improvements to the project's frontage along Lanikaula Street and Laukapu Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works. The improvements shall be located within the future road widening setback. H. The applicant shall provide a minimum 20 -foot corner radius at the intersection of Lanikaula Street and Laukapu Street incorporating the road widening setback. I. Streetlights and traffic control devices shall be installed as may be required by the Traffic Division, Department of Public Works. J. All development generated runoff shall be disposed of onsite and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval for any new structures. Any drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. K. The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR -HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. 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. The applicant shall comply with all applicable County, State and Federal laws, -2- rules, regulations and requirements. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result 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 applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3-