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HomeMy WebLinkAboutCOM 0706.001 2010-2012 oc M��' William T.Takaba William P.Kenoi ,„ ��� • „..�� :•I' Managing Director Mayor • •� ow� .� Wally Lau NiMM ' 'os�M�� Deputy Managing Director County of Hawaii 25 Aupuni Street • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)326-5663 August 22, 2012 s4J Honorable Dominic Yagong, Chairman ra _ and Members of the County Council -. County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Members: County Council Initiated (Bill No. 255) Amendment to Change of Zone Ordinance No. 08-150 (REZ 335) Applicant: Amy B. H. Greenwell Ethnobotanical Garden Tax Map Key: 8-2-013:portion 002 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, 44111rik. 0 N William P. Kenoi Mayor Enclosures cc: Planning Department Comm. No. 7° 1 Hawai`i County is an Equal Opportunity Provider and Employer Ref.To: p Ref. Dote A�1G 2 8 20f2 4OJ,itV Oi M,1t.'i. ' ....;A;:................ ' County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 $td 3 '1 2[112:. The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: County Council Initiated (Bill No. 255) Amendment to Change of Zone Ordinance No. 08-150 (REZ 335) Applicant: Amy B. H. Greenwell Ethnobotanical Garden Tax Map Key: 8-2-013:portion 002 The Leeward Planning Commission, at its duly held public hearing on July 19, 2012, recommended for your approval Bill No. 255, with the suggested modifications by the Planning Director, for an amendment to Ordinance No. 08-150, which amended Ordinance No. 465, which reclassified lands from Agricultural— 1 acre(A-1 a) to Neighborhood Commercial—7,500 square feet(CN-7.5). Bill No. 255 requested the deletion of Condition E that currently restricts use of the property to a visitor center and related uses due to flood hazards. The property is situated adjacent to the southeast of the Amy B. H. Greenwell Ethnobotanical Garden in Kealakekua, South Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request with further modifications: Council Bill No. 255 seeks to delete Condition E of Ordinance No. 08-150 that currently restricts use of the Commercial-zoned area to a visitor center and its accessory and related uses. With the deletion of Condition E, all uses permitted within the Neighborhood Commercial (CN) zoning district will be permitted upon the project site without consideration of mitigating measures to address access and drainage improvements. Hawai`i County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 The Planning Commission, in its 2008 recommendation to the County Council regarding the amendment of the change of zone ordinance to accommodate a proposed visitor center,proposed Condition E to address concerns expressed by the Department of Public Works regarding access, traffic and drainage concerns: "E. For commercial uses other than the visitor education center, the applicant shall provide improvements to the road lot that runs along the entire southeast frontage of the subject property, consisting of an intersection with Mamalahoa Highway, a 20-foot wide pavement lane and concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works prior to Certificate of Occupancy." The County Council subsequently approved the amendment to change of zone ordinance to accommodate the proposed visitor center along with the following modification to Condition E: "E. This amendment to change the district classification of property is limited to a visitor center and related and accessory uses of a visitor center in substantial conformance to the description in the current application for reasons of public health, safety, and welfare due to flood hazards in the area." By restricting use of the property solely to a visitor center and its related uses, the County Council waived the need for further improvements to the unimproved County road lot that runs along the southeast side and provides access to the project site. However, with the proposed deletion of Condition E, all uses permitted within the CN zoning district will be allowed on the project site with no provision for improvements to this substandard access roadway to accommodate the anticipated increase in traffic. The Department of Public Works has provided comments regarding the amendment request that specifically references the need to improve this unimproved County road lot with a 20-foot wide pavement with concrete curb, gutter and sidewalk improvements along with drainage improvements, traffic signage and markings and necessary relocation of utilities. These were the very improvements that the Planning Commission recommended to the County Council in 2008, only to be eliminated with the restriction of use of the project site to a visitor center. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 In a recent letter to the manager of the Amy B. H. Greenwell Ethnobotanical Garden, it was clear that the intent of eliminating the restricted use of Condition E was to allow for a weekly farmers' market, a use that is permitted within the CN-zoning district provided that the farmers' market is limited to the sale of locally grown/homemade products no more than two (2) days per week to avoid extensive on-site and off-site infrastructural and site improvements normally associated with commercial uses. Since this provision is currently allowed by the Zoning Code, the Planning Director is recommending that Condition E not be deleted as recommended by Bill No. 255,but rather amended as substantially recommended by the Planning Commission in 2008, with a further amendment to accommodate a bi-weekly farmers' market. The Planning Director's recommended amendment to Condition E of Ordinance No. 08-150 is shown as follows (material to be deleted is bracketed and struck-out, with added material underscored): "E. [This amendment to change the district classification of property is limited conformance to the description in the current application for reasons of public health, - ' - - -- :.]For commercial uses other than the visitor education center and a bi-weekly farmers' market, the applicant shall provide improvements to the road lot that runs along the entire southeast frontage of the subject property, consisting of an intersection with Mamalahoa Highway, a 20-foot wide pavement lane and concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works prior to Certificate of Occupancy. For the purpose of this condition, a bi-weekly farmers' market shall be limited to the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for two days a week or less." The Planning Director also recommends that the following new Condition F be included to address the Concurrency requirements of the Zoning Code. F. Should the applicants, successors or assigns develop a land use which the Planning Depai lnient, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicants shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements that may be deemed necessary by the Department of Public Works. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 Finally, the Planning Director recommends that the Condition L of Ordinance No. 08-150 regarding fair share contributions be updated to reflect current contribution rates. The Planning Director recommends that the Leeward Planning Commission support an amendment to Ordinance No. 08-150 to eliminate the restricted visitor center- only use under Condition E only if it is further modified as provided above to allow the visitor center and bi-weekly farmers' market while addressing the current concerns of the Department of Public Works regarding drainage and traffic normally associated with a Commercial-zoning district and additional revisions to address concurrency and updated fair share contributions. Based on the above findings, it is recommended that a favorable recommendation to amend Change of Zone Ordinance No. 08-150, as suggested by the Planning Director, be forwarded to the County Council. For your favorable consideration, an amendment to Ordinance No. 08-150, with modifications as suggested by the Planning Director, is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Powerpoint presentation, and a transcript of the hearing for your information. Sincerely, . E7(aent04k__./ Lan' i Bowman, Vice Chairman Leeward Planning Commission Lcouncilbill255rez3351pc 1 Enclosures cc: Amy B. H. Greenwell Ethnobotanical Garden Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD DOT-Highways, Honolulu Amy Self, Esq., Corporation Counsel Planning Department- Kona OF M-.1. N,,'' COUNTY OF HAWAII + ' _� STATE OF HAWAII ' ,�E Of'N►'� BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 08-150 WHICH AMENDED ORDINANCE NO. 465, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL— 1 ACRE (A-1 a) TO NEIGHBORHOOD COMMERCIAL—7,500 SQUARE FEET (CN-7.5) AT KEALAKEKUA, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 8-2- 013:PORTION OF 002. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 08-150 is amended as follows: "SECTION 1. Section 25-8-4, 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] Tax Map Key: 8-2-013:Portion of 002 situated at Kealakekua, South Kona, Hawai`i, shall be Neighborhood Commercial— 7,500 square feet(CN-7.5) [=] SECTION 2. In accordance with Section 25-2-44, Hawaii 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 applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within one hundred and eighty(180) days from the effective date of this ordinance. C. Construction of the proposed development shall be completed within three (3) 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), Hawai`i County Code. Plans shall identify all existing and/or proposed structures, paved driveway access, and 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). D. For construction and operation of the visitor education center, the applicant may secure a shared access from the Department of Parks and Recreation through the parking lot of the Arthur Greenwell Park and Yano Hall. The applicant shall not compromise the future improvement of the road lot to dedicable standards meeting with the approval of the Department of Public Works. E. This amendment to . - - • - - -•-" -- - - . - . . s :.. . . - -- . ..]For commercial uses -2- other than the visitor education center and a bi-weekly farmers' market, the applicant shall provide improvements to the road lot that runs along the entire southeast frontage of the subject property, consisting of an intersection with Mamalahoa Highway, a 20-foot wide pavement lane and concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works prior to Certificate of Occupancy. For the purpose of this condition, a bi-weekly farmers' market shall be limited to the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for two days a week or less. F. Should the applicants, successors or assigns develop a land use which the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicants shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements that may be deemed necessary by the Department of Public Works. [FdG. Any direct access from Mamalahoa Highway shall comply with the Department of Public Works and may require an exclusive left turn lane on Mamalahoa Highway and other improvements including but not limited to pavement widening, curb, gutter and sidewalk, drainage improvements, utility relocations, signs and markings at no cost to the County. Access to Mamalahoa Highway shall be limited to one approach. [G41. All driveway connections to a County Road shall conform to Chapter 22, Streets and Sidewalks, of the Hawai`i County Code and the County of Hawai`i Standard Details. [I ]I. Install street lights, signs and markings as required by the Department of Public Works-Traffic Division. [L]J. A drainage study shall be prepared by a licensed civil engineer and submitted to -3- 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. [J-]K. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. [l€]L. 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. [b]M If the applicant, successors, or assigns develops residential units on the subject property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$[7,383.36]8,196.06 per multiple family residential unit ($[11,506.13]12,772.64 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 shall be allocated as follows: -4- 1. $13,x42.000]4,042.89 per multiple family residential unit ($15,548:46]6,159.19 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $[115.11]127.78 per multiple family residential unit ($[ 66]297.12 per single family residential unit) to the County to support police facilities; 3. $[354.08]393.05 per multiple family residential unit ($[ 61586.85 per single family residential unit) to the County to support fire facilities; 4. $[157.81]175.19 per multiple family residential unit($1231.45]256.93 per single family residential unit) to the County to support solid waste facilities; and 5. $[3,114.36]3,457.16 per multiple family residential unit ($ 1,929.9015,472.55 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. [M-]N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [N-]a To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval. -5- [O ]P. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [P]Q, If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and the Hawaii County Council for appropriate action. [Q]R. 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 it original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -6- A-la A-la 1 AGRICULTURAL 1 ACRE(A-1a)TO 41100.25 S NEIGHBORHOOD COMMERCIAL 14525.97E 7,500 SQUARE FEET(CN-7.5) ollU alau" 1.1774 ACRES A-la A-1a RS•10 'Pogo fi A-la t S T CM- cN•r.5 CV-10 A-1a CN-7.5 0 130 260 520 780 1,040 Feet AMENDMENT TO THE ZONING CODE AN ORDINANCE AMENDING ORDINANCE 465 AMENDING SECTION 25-8-4 (SOUTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), WHICH RECLASSIFIED THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 1-ACRE (A-1a) TO NEIGHBORHOOD COMMERCIAL 7,500 SQUARE FEET (CN-7.5) AT KEALAKEKUA, SOUTH KONA, HAWAII MAP PREPARED BY; TMK:8-2-013:Por,002 COUNTY OF HAWAII,PLANNING DEPARTMENT DATE:July 16,2008 EXHIBIT "A" (Amy 8.1t.Greenwel:1249) FOR REFERENCE ONLY 4 BCouncillnitiated-AmyGreenwellAmendREZ335.doc-07-09-12 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT COUNTY COUNCIL-INITIATED BILL NO. 255,AMENDMENT TO ORDINANCE NO. 08-150 CHANGE OF ZONE NO.335 (REZ 335) APPLICANT: AMY B.H. GREENWELL ETHNOBOTANICAL GARDEN The COUNTY COUNCIL has transmitted Bill No. 255 regarding an amendment to Ordinance No. 08-150 which amended Ordinance No. 465,which reclassified lands from Agricultural-1 acre (A-la)to Neighborhood Commercial-7,500 square feet (CN-7.5). Amendment seeks to delete Condition E that currently restricts use of the property to a visitor center and related uses due to flood hazards. The property is situated adjacent to the southeast of the Amy B.H. Greenwell Ethnobotanical Garden in Kealakekua, South Kona, Hawai`i, TMK: 8- 2-013: Portion of 2. COUNCIL REQUEST 1. Request: The County Council is requesting that Condition E of Ordinance No. 08-150 be deleted in order to remove a restriction within the ordinance that limits uses within the CN-zoned portion of the property to a visitor center and related uses. (refer to Exhibit E- Bill No. 255). As currently written, Condition E states: "E. This amendment to change the district classification of property is limited to a visitor center and related and accessory uses of a visitor center in substantial conformance to the description in the current application for reasons of public health, safety, and welfare due to flood hazards in the area." 3. Purpose: This Council-initiated amendment request is prompted by the desire of the Amy B.H. Greenwell Ethnobotanical Garden to establish a weekly farmers' market upon the project site. In a December 16, 2011 letter to Peter Van Dyke (refer to Exhibit F), manager of the garden,the restricted use defined by Condition E prohibits any other use of the property beyond a visitor center. An amendment to the change of zone ordinance to remove this restriction is necessary to allow a farmers' market. -1- BACKGROUND INFORMATION 4. August 29, 1979: Effective date of Change of Zone Ordinance No. 465 (REZ 335), which rezoned 1.1774 acres of land from an Agricultural 1-acre (A-1 a)to a Neighborhood Commercial (CN-7.5)zoned district to accommodate proposed commercial office and retail uses by then landowner Amy B.H. Greenwell Trust and American Trust Company of Hawaii. 5. May 27, 1993: The Planning Department granted a five-year administrative time extension to comply with Condition B of Change of Zone Ordinance No. 465 until May 18, 1998. 6. August 22,2008: Planning Commission recommends favorable consideration, subject to conditions of approval, of a request by new landowner Bishop Estate, to amend Ordinance No. 465 to accommodate the development of a visitor education center and parking lot in support of the adjoining Amy B.H.Greenwell Ethnobotanical Garden. The applicant intended to construct a visitor education center and parking lot that will enhance the existing Amy Greenwell B.H. Ethnobotanical Garden, which operates on the two (2) adjoining properties to the northwest. At that time,the applicant proposed a single-story visitor center, approximately 1,600 square feet in size, that would include exhibit space, offices, and restrooms and an approximate 15-space parking lot with accessible stalls in Phase I. In the future if funding is secured,the applicant is proposing to include program space and a possible expansion of the parking lot to approximately 50 spaces. This favorable recommendation included a proposed Condition E that addressed the need for improved access to the property: "E. For commercial uses other than the visitor education center,the applicant shall provide improvements to the road lot that runs along the entire southeast frontage of the subject property, consisting of an intersection with Mamalahoa Highway, a 20-foot wide pavement lane and concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works prior to Certificate of Occupancy." 7. September 23,2008: Council Planning Committee report(refer to Exhibit G)regarding the requested amendment to Ordinance No. 465 (Bill No. 364). During this meeting, -2- A , Councilperson Brenda Ford indicated that uses other than the proposed visitor center upon the property would create serious drainage issues. 8. October 6,2008: Council Communication No. 1444.3 (refer to Exhibit H) from Councilperson Brenda Ford to Council Planning Committee Chair Pete Hoffman, recommending amendments to Bill No. 364, Draft 2 to address access and use concerns by amending language within draft Conditions D (access) and E (restricted use to visitor center). 9. November 5,2008: Effective date of Ordinance No. 08-150 amending Ordinance No. 465,to accommodate the development of a visitor education center and parking lot at the Amy B.H.Greenwell Ethnobotanical Garden. DESCRIPTION OF STATE AND COUNTY PLANS 10. General Plan LUPAG Map: Low Density Urban 11. State Land Use Designation: Urban 12. Kona Community Development Plan (KCDP): This property is within a Rural Town TOD and has no concurrency requirements. The KCDP supports the redevelopment of Rural Towns and encourages the establishment of TOD master plans to guide the redevelopment efforts of the Rural Towns. 13. County Zoning: Neighborhood Commercial 7,500-square feet(CN-7.5) 14. Special Management Area(SMA): The property is not located within the Special Management Area(SMA). DESCRIPTION OF PROPERTY AND SURROUNDING AREA 15. Subject Property: The subject property(refer to Exhibit D) is rectangular in shape and is 1.718 acres in size. It is currently vacant of structures and uses. The property is located on the northwest corner of the Mamalahoa Highway—Road E junction. Road E is an unimproved County road lot that runs along the southeast boundary of the property. 16. Surrounding Uses/Zoning: Surrounding land uses include the Greenwell Park, Yano Hall, Manago Hotel, other commercial uses, single-family residences, agricultural uses and vacant land. The surrounding zoning includes Neighborhood Commercial (CN) along the highway to the south,Agricultural (A-la)to the north and east of the property, and Single-Family Residential (RS-10)to the west across the highway. -3- 17. Land Study Bureau's Detailed Land Classification System/ALISH: Existing Urban Development. 18. Soil Survey: Honaunau extremely rocky silty clay loam, 6 to 20 percent slopes (HRD). 19. Flora and Fauna: The property is currently vacant and landscaped with grasses. 20. Archaeological/Cultural/Historical Resources: An archaeological assessment was conducted in 2007 by Rechtman Consulting, LLC for an Environmental Assessment that accompanied the applicant's 2008 amendment request. In response to the archaeological assessment,the Department of Land and Natural Resources issued a"no-effect" letter dated July 10,2008 stating DLNR-SHPD believes that"no historic properties will be affected"by this undertaking because previous grubbing/grading has altered the land. 21. FIRM: Zone X, an area outside the 500-year flood plain. PUBLIC FACILITIES 22. Access: Access to the proposed visitor education center is from Mamalahoa Highway, which is a County owned and maintained paved roadway within a 50-foot right-of-way. The applicant is proposing to obtain an easement over a small corner of Arthur Greenwell Park(TMK: 8-2-13:5)to gain access from the highway. The applicant is also proposing to improve the short easement and a short segment of a two-lane unimproved County road lot,which runs along the southeast boundary of the property,to provide access to the visitor center. Visitors will no longer use the current access to the Garden, which is an unpaved road located to the north of the Garden property from Mamalahoa Highway. 23. Water: County water is available to the property. 24. Wastewater: The applicant will comply with wastewater requirements of the State Department of Health 25. Utilities: All other essential utilities and services are available to the project site. AGENCIES' COMMENTS 26. Department of Public Works: (Exhibit I-June 15, 2012 Memo) AGENCIES -NO COMMENTS OR OBJECTION 27. Department of Environmental Management, Fire Department, Police Department -4- PUBLIC COMMENTS 28. As of the date of this writing,the Planning Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -5- , . ‘. - ,.• e , , • e 5, o N. 1.,... It ,,e' c• iz? /4' , i r , 44 .? ca" ...0 r...) 1. ..., 4 lk 6 t: al..., ,,....... -r S r • :5 1- 4. :... , _,-.$ ,* <,,,„,..,, ,, cp ,, k.o. ... 4,, .. €.1! !-- c o 4, -, 4.* ...,,a4 ,;1,-• ..--.. (-4 -z" -0 4..- g . CU 4.-, = C '6 •, t10 0 41S a . .— 4.., ca T- 1 tio 0 li, 0 2 •,.... CL J I 1- 1 = • • `e I 5, :`, (1.5 m ,F 0 s- 0 2'-4 -a (-NJ 00 U . • c..) 4— 4•••• 2 . , 4, if co I--- r.,. , *-..4,D t.A4`*:., rt.„. CL. CC /2? < no 2 0 I' 0 At, .,.. ,..„- ...so , z -c 0 0 4-..) D I— 0 is neit° e e-- ...) . ff, , le cCs S P2'4. 0 ‘t.4 105 4.=1 f is, '‘A41.4 (2- Qf 4.4.' 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" �� r� r f E PF,i4 tt,*AREA F(.W e AKA 1 uts ! t nesT GNAE,ot_ GicAt . f*f2[St7'2i 4 EXISTING NURSERY; � fitz iii CI tA,MiUNTENtNUE .<> LANT { FACK.ITWS ,,TO REWN 1 Ali . _,.: , , iftw, ovERrio—wl i FOREST YTQi COUNTY PARK VISITORS t HOUSE � CENTER 1 LOTS I COASTAL ZONE A ess Route PLANTINGS PARKING i L. i �,.�. ._... 4 LAHOA 1 ,,,, Planning Dept. Exhibit __ . . SITE PLAN f' / 11 1 I irt . I i . i I I , ii I 1 1 1 I 1 i 1 I 1 1 1 t I I I I , 1 1 i I I i i 1 1 „i Existing Slone Warr " t• - — 1, TO Or ifilli11114 , ^ . I I ' SI" ' I i ■ I "..4:31Z1161= _ - II° IP FM fl gal 4 Lei. '64 ir la 1 i f 1 County Park I I ,- iii 1 • , . 1 1 r. e. i I 4 . ' ' T' '' '''-----i 6 .1 • I ' " L.., , i i V 1 I 1 I 1 rt i I kr- FARKNG LoT i I , 1 1 I ‘ t I ,4 dti$PARKIM:6 I 1 f I Existing Stone Wav 't 1 To Be Removed art' Ror‘ Reused I On Sde — 1 . . SIGSI I 1 CRAIN at' I 1 1 % ihvtway , i I ,... i 1 s 1 — 4 ' Access it t , to Highway \ I . ..- - i .... - .,..., I --------.'. -141,, _ -- ,---" ., .----- ..._...... ..- tttri* t 4$)4QP-1/4.--- ' ...------ t .....- ----- Ott -. Planning Der .--- ....„ Exhibit .,_ Pete Hoffmann - iY os Phone No. Hilo: (808)961-8027 Council Member �.• ,�' • Phone No. Waimea: (808) 887-2043 4� • District 9-North and South Kohala • Fax No.: (808) 887-2072• �y� +: `: "s,���•; E-Mail:phoffmann@co.hawaii.hi.us - ,-' HAWAII COUNTY COUNCIL County of Hawai`i Hawaii County Building Holomua Center 25 Aupuni Street 64-1067 Mamalahoa Highway, Suite C-5 Hilo,Hawaii 96720 Waimea, Hawaii 96743 TO: Bobbie Jean Leithead Todd,Director Planning Department FROM: \ `Pete Hoffmann, Chair Committee on Planning Date: May 18, 2012 Subject: Referral of Bill No. 255 for Review and Recommendation by the Planning Director and Planning Commission(s) Attached please find Bill No. 255, relating to amending Ordinance No. 08-150. This matter was on the agenda for the May 16, 2012, meeting of the Hawai`i County Council Planning Committee, and has been referred to you for review and recommendation pursuant to the section 6-7.2 of the Hawai`i County Charter and section 25-2-43 of the Hawai`i County Code. Please forward to the appropriate Planning Commission, or both Commissions, as provided per section 6-7.5 of the Charter. Feel free to call me if you have any questions. If I am not available, please contact my Legislative Assistant,David Hirt, at 887-2069. Thank you. PH/dh att . ......... l '' T . . ._ cc: Dominic Yagong,Chair—Hawai`i County Council ' Council Services 0 " 866 '' Serving the Interests of the People of Our Island Hawaii County Is An Equal Opportunity Provider And Employer x hip .;MYV•os p;�,,. • • �Glib• COUNTY OF HAWAII �`' ���'���` ----� ; STATE OF HAWAI I BILL NO. 255 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 08-150 WHICH AMENDED ORDINANCE NO. 465,WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—1 ACRE (A-la)TO NEIGHBORHOOD COMMERCIAL—7,500 SQUARE FEET (CN-7.5) AT KEALAKEKUA, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 8-2- 013:PORTION OF 002. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 08-150 is amended as follows: "SECTION 1. Section 25-8-4,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 f""wing ea] Tax Map Key: 8-2-013:Portion of 002 situated at Kealakekua, South Kona, Hawai`i, shall be Neighborhood Commercial—7,500 square feet(CN-7.5) [:] 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 applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within one hundred and eighty(180) days from the effective date of this ordinance. C. Construction of the proposed development shall be completed within three(3) 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), Hawai`i County Code. Plans shall identify all existing and/or proposed structures,paved driveway access, and 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). D. For construction and operation of the visitor education center,the applicant may secure a shared access from the Department of Parks and Recreation through the parking lot of the Arthur Greenwell Park and Yano Hall. The applicant shall not compromise the future improvement of the road lot to dedicable standards meeting with the approval of the Department of Public Works. visitor center and related and accessory uses of a visitor center in substantial conformance to the description in-the current application for reasons of public -2- [ ] E. Any direct access from Mamalahoa Highway shall comply with the Department of Public Works and may require an exclusive left turn lane on Mamalahoa Highway and other improvements including but not limited to pavement widening, curb, gutter and sidewalk, drainage improvements, utility relocations, signs and markings at no cost to the County. Access to Mamalahoa Highway shall be limited to one approach. [G ] F. All driveway connections to a County Road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and the County of Hawai`i Standard Details. [l=l ] G. Install street lights, signs and markings as required by the Department of Public Works-Traffic Division. [h] H. 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. [J ] I. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. [I ] J. 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. [b] K. If the applicant, successors,or assigns develops residential units on the subject property,the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair -3- share contribution may be adjusted annually beginning three years after the effective date of[this ordinanco]Ordinance No. 08-150, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$7,383.36 per multiple family residential unit($11,506.13 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit shall be allocated as follows: 1. $3,642.00 per multiple family residential unit ($5,548.46 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. $115.11 per multiple family residential unit($267.66 per single family residential unit)to the County to support police facilities; 3. $354.08 per multiple family residential unit($528.66 per single family residential unit)to the County to support fire facilities; 4. $157.81 per multiple family residential unit($231.45 per single family residential unit)to the County to support solid waste facilities; and 5. $3,114.36 per multiple family residential unit ($4,929.90 per single family residential unit)to the County to support road and traffic improvements. 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 -4- proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. [M. ] L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [l ] M. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval. [9 ] N. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [P ] O. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and the Hawaii County Council for appropriate action. [Q:] P. 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 it original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: , eTZep4-1,A.V ictoC. COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 706 -6- e d'� , MtYoF • mow;. William P.Kenoi �.�t. ' "r, ''. BJ Leithead Todd Mayor �' , � `,. � � .� Director =- - Margaret K.Masunaga .*.<= Deputy West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street.Suite 3 Kailua-Kona,Hawaii 96740 County of Hava1 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 December 16, 2011 Mr. Peter Van Dyke,Manager Amy B.H. Greenwell Ethnobotanical Garden P.O.Box 1053 Captain Cook,HI 96704 Dear Mr. Van Dyke: Change of Zone Ordinance 08-150 (REZ 335) Applicant: Amy B.H. Greenwell Ethnobotanical Garden Request: A-1 a to CN-7.5 Subject: Request to Allow Farmers' Market on Subject Property Tax Map Key: 8-2-013: Portion of 002 This is to acknowledge receipt of your email along with the attached letter sent on December 12, 2011 requesting if a weekly farmers' market is an allowable use on the above referenced property. The subject property was rezoned on August 29, 1979 from Agricultural 1-acre (A-la)to Neighborhood Commercial 7,500-square feet(CN-7.5)to allow the subdivision of the property into three(3) lots. One of the lots was intended to be sold for a fast food operation and the other two lots were intended to be for roadside shops and a 2 or 3-story office-professional complex. In 2008,the applicant submitted a 3-year time extension request to construct the visitor education center and parking lot for the Amy Greenwell Ethnobotanical Garden,which was approved with conditions. Condition E of Change of Zone Ordinance 08-150 states: "This amendment to change the district classification of property is limited to a visitor center and related and accessory uses of a visitor center in substantial conformance to the description in the current application for reasons of public health, safety, and welfare due to flood hazards in the area." In reviewing the application for the time extension request submitted in 2008,thee+ , mention of a farmers' market to be operated as part of the visitor center. SCAB' 611* Planning Dept. Exhibit ; www.cohplanningdept.com Hawaii County is an Equal Opportunity Prorrreran- ;mpoyer planningieco.hawaiihius 2 5 2012 DEC 222011 Mr. Peter Van Dyke, Manager Amy B.H. Greenwell Ethnobotanical Garden Page 2 December 16, 2011 To allow a farmers' market on the subject property, an amendment to Condition E of Change of Zone Ordinance No. 08-150 will need to be applied for and approved by the Hawai`i County Council. To submit an amendment request,you will need to submit the request along with reasons for the request (the original and 20 copies),to the Planning Commission. There is a $250 filing fee to submit the amendment request. A public hearing will be held before the Planning Commission and the Hawai`i County Council. If you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, ,) Q‘g:.',//erif BJ LEITHEAD TODD Planning Director JWD:smn P:\wpwin60\Jeff\Letters\PC\LVanDyke-REZ33 5-ResponseReFarmersMarket.doc cc w/copy of letter: Kona Planning Department • REPORT OF THE COMMITTEE ON PLANNING DATE: September 23,2008 Re: Comm. 1444/Bill 364 PLACE: Councilroom Ben Franklin Building, 2°d Floor 333 Kilauea Avenue Hilo,Hawaii TIME: 2:30 p.m. Council Chair and Members Hawai`i County Council Hilo,Hawai`i 96720 Your Committee on Planning, to which was referred Bill 364, reports as follows: Bill 364, transmitted via Communication 1444 from Mayor Harry Kim, dated September 5, 2008, presents an amendment to Ordinance No. 465, effective August 29, 1979, which reclassified lands from Agriculture 1-Acre(A-la)to Neighborhood Commercial 7,500 square feet(CN-7.5), by AMY B. H. GREENWELL ETHNOBOTANICAL GARDEN,at Kealakekua, South Kona, Hawaii, TMK: 8-2-13: portion 2. The effective date of Ordinance No. 465 was August 29, 1979. Bill 364 seeks to amend Ordinance No. 465 to delete Condition A(submittal of subdivision)and to amend Condition B (construction timetable). The original intent of Ordinance No. 465 was to subdivide the subject property into three(3)lots, selling one of the lots, and the other two lots were intended to be developed with roadside shops and a two-or three-story office-professional complex. Applicant is also requesting a 3-year extension of time to comply with Condition B of Change of Zone Ordinance No. 465 which requires that construction of commercial structures shall commence within one(1)year from receipt of final subdivision approval, and that construction be completed within two(2)years thereafter. The previous owner of the property(Amy B. H. Greenwell Trust and American Trust Co. of Hawai`i, Inc.)did not construct the commercial project as required by Condition B of Change of Zone Ordinance No. 465. The applicant no longer wants to subdivide the parcel(required under Condition A), and instead is requesting time extensions to construct a visitor education center and parking lot to enhance the existing Amy Greenwell Ethnobotanical Garden currently operating on two properties located to the northwest. • The applicant is proposing to construct a single-story building approximately 1,600 square feet in size that will include exhibit space, offices, restrooms, and a 15-space parking lot with accessible stalls in Phase I. If funding is secured in the future, applicant proposes to include program space and possible expansion of the parking lot to approximately 50 spaces. lanning Dept. PC Report No. 93 F h bit Communication 1444 • Bill 364 Page 2 of 3 The Planning Commission concurred with the Planning Director's reasons for recommending a favorable consideration of applicant's extension request and notes the following: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of applicant, its successors and assigns, and that are not the result or their fault or negligence. 2. The previous owner did not construct the commercial project required under Condition B and the new owner, Bishop Museum, is requesting a three-year time extension to construct the visitor education center and parking lot for the Amy Greenwell Ethnobotanical Garden. 3. The new owner, who purchased the property in 2000 was made aware by the Planning Department that the previous owner did not comply with conditions of approval of Change of Zone Ordinance No. 465. Applicant has requested to amend several conditions to come into compliance with Change of Zone Ordinance No. 465. 4. The subject property, currently vacant of structures and uses, is located on the northwest corner of the Mamalahoa Highway—Road E junction. Road E is an unimproved County road lot that runs along the southeast boundary of the subject property. Surrounding land uses include Greenwell Park, Yano Hall,Manago Hotel, other commercial uses, single- family residences, agricultural uses and vacant land. 5. Access to the visitor education center is proposed to be from the Mamalahoa Highway. Applicant is proposing to obtain an easement from the Department of Parks and Recreation over a small corner of Arthur Greenwell Park to gain access from the highway. 6. The Department of Public Works recommends that applicant provide improvements to the road lot running along the entire southeast frontage of the property, including intersection improvements with Mamalahoa Highway, 20-foot wide pavement lane and concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities. If applicant secures an easement from the Department of Parks and Recreation and shares access with Greenwell Park and Yano Hall, the Department of Public Works recommends that any access through the road lot not compromise future improvement of the road lot to dedicable standards. 7. Approval of the request would not be contrary to the General Plan or the Zoning Code, or the original reasons for granting the Change of Zone. 8. County water is available to the property and applicant will comply with wastewater requirements. All other essential utilities and services are available to the subject property. At the September 23, 2008 Planning Committee meeting,there were no public testifiers. Applicant representative Mr. Peter Van Dyke and consultant Greg Mooers were present at the Kona Council office via videoconference. Mr. Mooers explained that the property was rezoned by a previous owner who had plans to subdivide the property and develop a commercial operation, but later sold the property to the Bishop Museum in the year 2000. Mr. Mooers stated that when the transfer was made to Bishop Museum the intent was to develop a visitor center on the property and the balance of the property would be involved with the existing ethnobotanical garden. Mr. Mooers explained that the two changes to the ordinance were to Condition B which initially required the project to be built within five years but that the time had lapsed prior to the transfer to Bishop Museum. The current request allows Bishop Museum three years to complete construction of the visitor center and PC Report No. 93 Communication 1444 Bill 364 • Page3of3 since the entire property is part of the gardens, it was not necessary to subdivide the parcel and therefore the secpnd amendment is to delete Condition A that required subdivision of the property. Councilmember Ford expressed support of the proposal but had concerns regarding the language of Condition E which provides that uses other than a visitor center would require that certain improvements be made, Ms. Ford stated she supports Bill 364 solely because of the visitor , education center and if future commercial use of the property, other than a visitor center is developed,there would be serious drainage issues that concerned her. Mr. Van Dyke expressed that the Museum had no intentions of developing anything other than a visitor center and that in their long-term plan, they would also like to build a community center of modest size(1,000 square feet) in which to conduct programs for the community.. Mr. Van Dyke stated other than that the Museum has no plans, intent or funds to do anything else. . • Committee Chair Pilago noted that Communication 1444.1 from the Planning Department proposes two minor amendments. Planning Director Yuen explained that the Department made a mistake and inserted the,wrong ordinance number"479" which should have read"465" and failed to insert an end bracket.. Mr. Yuen asked that the bill move forward as corrected and that the proposed amendments be considered friendly amendments for housekeeping and clarification purposes. Your Committee on Planning is in accord with the purpose and intent of Bill 364, as amended to Draft 2, and recommends it pass first reading. • and • • • • • AYES NOES A&E EX Respectfully submitted,' FORD X HIGA X COMMITTEE ON P . R G • HOFFMANN X ry( ,� II�DA X • JACOBSON X NAEOLE + X K. ANGEL PILA •,CHAIR PILAGO X • YAGONG X PC REPORT NO. 93 . YOSHIMOTO X ADOPTED: OCT 0 8 Z008 j„tv a. Brenda J. Ford Phone No.: (808)326-5684 Council Member fiv, Fax No.: (808)329-4786 District 7—Central Kona E-Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai`i Q Kail:aa Trade Center 2' in 75-5706 Hanama Place,Suite 109 7:1-",'z'' —.7 T ' Kailua-Kona,Hawai'i 96740 , , DATE: October 6, 2008 TN.) ' cn TO: Pete Hoffmann, Chairman - and Members of the Hawai`i County Council FROM: Brenda Ford, Council Member RE: Proposed ordinance to Bill 364, Draft 2—Amendment to Change of Zone Ordinance No. 465 (REZ 335) Applicant: Amy B.H. Greenwell Ethnobotanical Garden Tax Map Key: 8-2-13: portion 2 For your consideration,please find-proposed amendments to Bill 364, Draft 2 within and attached to this transmittal. Bill 364,Draft 2 proposes to amend Ordinance No. 465 which Reclassified Lands from Agricultural — 1 acre(A-la)to Neighborhood Commercial—7,500 Square Feet(CN-7.5)at Kealakekua, South Kona, Hawaii, Covered by Tax Map Key 8-2-13: Portion of 2. The proposed amendments to Bill 364, Draft 2 were revised with the following: 1. Correct spelling and conform to Hawaiian diacritical marks within section 2. C. and G. 2. Remove and add new language to section 2.D.: "For construction and operation of the visitor education center,the applicant may secure a shared access from the Department of Parks and Recreation through the .arkin. lot of the Arthur Greenwell Park and Yano Hall. The applicant shall not compromise the future improvement of the road lot to dedicable standards meeting with the approval of the Department of Public Works." Nanning Dept. l4'44.3 1r Comm. No. Exhibit - Ref. Ta?resanted Serving the Interests oldie People of Our Island Ref. Date tie I 8 200$ Hawai`l County Is An Equal Opportunity Provider And Employer October 6,2008 Page 2 3. Remove and add new language to section 2.E.: "This amendment to change the district classification of property is limited to a visitor center and related and accessory uses of a visitor center in substantial conformance to the description in the current application for reasons of public health, safety, and welfare due to flood hazards in the area." Changes to Draft 2 of Bill 364 are ramsayered and highlighted in bold. These proposed amendments are incorporated in the attached draft. BJF/dkr Att. • • Serving the Interests of the People of Our Island • Howai`i County Is An Equal Opportunity Provider And Employer i Mai COUNTY OF HAWAII '.1\ ' Y1:',` STATE OF HAWAII .\....'.i .. ,.. ,• BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 465 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL— 1 ACRE(A-1 a)TO NEIGHBORHOOD COMMERCIAL—7,500 SQUARE FEET(CN-7.5)AT KEALAKEKUA, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 8-2-13:PORTION OF 2. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 479 is amended as follows: "SECTION 1. Section [7.03] 25-8-4, Article [2] 8,Chapter [8] 25 (Zoning Code)of the Hawai`i County Code 1983 (2005 Edition), [: - ., • - . . •- • - - . .,- -- • - - . - - . •--- 'o-] is amended to change the district classification of property described hereinafter as follows: [7.03 (z ). The district classification of the following area situated at Kealakekua, South Kona, Hawai`i, shall be Neighborhood Commercial—7,500 square feet(CN-7.5): [ . . . - - . -- - . . . ] SECTION 2.In accordance with Section 25-2-44,Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: a) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or f2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: L Protection of the public from the potentially deleterious effects of the proposed use, or 1) Fulfillment of the need for public service demands created by the proposed use. . - • .. - - . •- - - - - - - . - with;and • - . • _ , - - _- ", A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer,and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within one hundred and eighty(180)days from the effective date of this ordinance. C. Construction of the proposed development shall be completed within three (3) years from the effective date of this ordinance. Prior to construction,the -2- • 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] Hawaii County Code. Plans shall identify all existing and/or proposed structures,paved driveway access, and 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). D. For construction and operation of the visitor education center, the applicant may secure a shared access from the Department of Parks and Recreation through the parking lot of the Arthur Greenwell Park and Yano Hall. The applicant shall not compromise the future improvement of the road lot to dedicable standards • meeting with the approval of the Department of Public Works. The-applicant--shall publie"pa"d"s E. . - .. .. . . .• - - •- ..••- . . - . - . -- , . . .. - - . . .. .. - . • - • • . - "• • • - e - . . This amendment to change the district classification of property is limited to a visitor center and related and accessory uses of a visitor center in substantial conformance to the description in the current application for reasons of public health% safety.and welfare due to flood hazards in the area. -3- F. Any direct access from Mamalahoa Highway shall comply with the Department of Public Works and may require an exclusive left turn lane on Mamalahoa Highway and other improvements including but not limited topavement widening, curb, gutter and sidewalk, drainage improvements, utility relocations, signs and markings at no cost to the County. Access to Mamalahoa Highway shall be limited to one approach. a All driveway connections to a County Road shall conform to Chapter 22, [Steets] Streets and Sidewalks,of the [Hawaii] Hawaii County Code and the County of [Hawaii] Hawaii Standard Details. H. Install street lights, signs and markings as required by the Department of Public Works-Traffic Division. I. 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. J. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 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 applicant, successors, or assigns develops residential units on the subject property,the applicant shall make its fair share contribution to mitigate the -4- 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$7,383.36 per multiple family residential unit ($11,506.13 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit shall be allocated as follows: 1. $3,642.00 per multiple family residential unit($5,548.46 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. $115.11 per multiple family residential unit($267.66 per single family residential unit)to the County to support police facilities; 3. $354.08 per multiple family residential unit($528.66 per single family residential unit) to the County to support fire facilities; 4. $157.81 per multiple family residential unit($231.45 per single family residential unit)to the County to support solid waste facilities; and -5- 5. $3,114.36 per multiple family residential unit($4,929.90 per single family residential unit)to the County to support road and traffic improvements. 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. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction 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,the applicant shall comply with the requirements of Chapter 11, Article 1,Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval. O. The applicant shall comply with all applicable County. State and Federal laws, rules,regulations and requirements. P. If the applicant should require an additional extension of time,the Planning Director shall submit the applicant's request to the Planning Commission and the Hawaii County Council for appropriate action. -6- • Q 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 it original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such • invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: • • COUNCIL ME! ER, COUNTY OF HAWAI`I Hilo,Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: • -7- y -f r 1! • DEPARTMENT OF PUBLIC WORKS 2 11 �t I ' i 0: p COUNTY OF HAWAII HILO, HAWAII DATE: June 15, 2012 Memorandum TO • B.J. Leithead-Todd, Planning Director Planning Department FROM • Ben Ishii, Division Chi Engineering Division SUBJECT : Change of Zone Application (REZ 335) Amendment to Ordinance No. 465 Applicant: Amy B.H. Greenwell Ethnobotanical Garden Location: Kealakekua, S. Kona, HI TMK: 3/ 8-2-013:002 We reviewed the subject application and our comments are as follows: The application should also be forwarded to Department of Parks and Recreation as an access easement for the subject property was obtained through property under their jurisdiction. DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 3. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant shall comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. Panning Dept. 079249 Exhibit Memorandum to PD-REZ 335 June 15, 2012 Page 2 of 2 ROADWAYS 1. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and the County of Hawaii Standard Details. 2. Any direct access from Mamalahoa Highway shall comply with the Department of Public works and may require an exclusive left turn lane on Mamalahoa Highway and other improvements including but not limited to pavement widening, drainage improvements, utility relocations, signs and markings at no cost to the County. 3. The existing access to Mamalahoa Highway is through the unimproved County road lot and Department of Parks and Recreation Amy Greenwell Park and Yano Hall parking area to the South. Such arrangement creates traffic circulation and control issues that would be addressed along with drainage issues in the park by an improvement of the shared access (road lot). 4. The applicant should be required to provide or contribute to improvements to the the adjacent County road lot, consisting of an intersection with Mamalahaoa Highway, 1 -20 foot wide pavement lane and concrete curb, gutter and sidewalk, drainage improvements, street lights, signs and markings, and any relocation of utilities, meeting with the approval of the DPW. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA Hawaii County is an Equal Opportunity Provider and Employer RCouncil Initiated-AmyGreenwellAmendREZ335.doc-07-09-12 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION COUNTY COUNCIL-INITIATED BILL NO.255,AMENDMENT TO ORDINANCE NO. 08-150 CHANGE OF ZONE NO. 335 (REZ 335) APPLICANT: AMY B.H. GREENWELL ETHNOBOTANICAL GARDEN Upon review of the amendment request as proposed by Council Bill No. 255,the Planning Director recommends that the Leeward Planning Commission forward a favorable recommendation to the Hawaii County Council for the amendment request,with further modifications as recommended by the Planning Director. 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. This favorable recommendation is based on the following findings: Council Bill No. 255 seeks to delete Condition E of Ordinance No. 08-150 that currently restricts use of the Commercial-zoned area to a visitor center and its accessory and related uses. With the deletion of Condition E, all uses permitted within the Neighborhood Commercial (CN) zoning district will be permitted upon the project site without consideration of mitigating measures to address access and drainage improvements. The Planning Commission, in its 2008 recommendation to the County Council regarding the amendment of the change of zone ordinance to accommodate a proposed visitor center, proposed Condition E to address concerns expressed by the Department of Public Works regarding access,traffic and drainage concerns: "E. For commercial uses other than the visitor education center,the applicant shall provide improvements to the road lot that runs along the entire southeast frontage of the subject property, consisting of an intersection with Mamalahoa Highway, a 20-foot wide pavement lane and concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works prior to Certificate of Occupancy." -1- s, The County Council subsequently approved the amendment to change of zone ordinance to accommodate the proposed visitor center along with the following modification to Condition E: "E. This amendment to change the district classification of property is limited to a visitor center and related and accessory uses of a visitor center in substantial conformance to the description in the current application for reasons of public health, safety, and welfare due to flood hazards in the area." By restricting use of the property solely to a visitor center and its related uses,the County Council waived the need for further improvements to the unimproved County road lot that runs along the southeast side and provides access to the project site. However,with the proposed deletion of Condition E, all uses permitted within the CN zoning district will be allowed on the project site with no provision for improvements to this substandard access roadway to accommodate the anticipated increase in traffic. The Department of Public Works has provided comments regarding the amendment request that specifically references the need to improve this unimproved County road lot with a 20-foot wide pavement with concrete curb, gutter and sidewalk improvements along with drainage improvements,traffic signage and markings and necessary relocation of utilities. These were the very improvements that the Planning Commission recommended to the County Council in 2008, only to be eliminated with the restriction of use of the project site to a visitor center. In a recent letter to the manager of the Amy B.H. Greenwell Ethnobotanical Garden, it was clear that the intent of eliminating the restricted use of Condition E was to allow for a weekly farmers' market, a use that is permitted within the CN-zoning district provided that the farmers' market is limited to the sale of locally grown/homemade products no more than two(2)days per week to avoid extensive on-site and off-site infrastructural and site improvements normally associated with commercial uses. Since this provision is currently allowed by the Zoning Code,the Planning Director is recommending that Condition E not be deleted as recommended by Bill No. 255, but rather amended as substantially recommended by the Planning Commission in 2008, with -2- a further amendment to accommodate a bi-weekly farmers' market. The Planning Director's recommended amendment to Condition E of Ordinance No. 08-150 is shown as follows: (material to be deleted is bracketed and struck-out, with added material underscored) "E [ -- - -- .• - . . . . . health, safety, and welfare due to flood hazards in the area.]For commercial uses other than the visitor education center and a bi-weekly farmers' market, the applicant shall provide improvements to the road lot that runs along the entire southeast frontage of the subject property, consisting of an intersection with Mamalahoa Highway, a 20-foot wide pavement lane and concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works prior to Certificate of Occupancy. For the purpose of this condition, a bi-weekly farmers' market shall be limited to the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for two days a week or less." The Planning Director recommends that the Leeward Planning Commission support an amendment to Ordinance No. 08-150 to eliminate the restricted visitor center- only use under Condition E only if it is further modified as provided above to allow the visitor center and bi-weekly farmers' market while addressing the current concerns of the Department of Public Works regarding drainage and traffic normally associated with a Commercial-zoning district. 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Ir 1 • -�-J a--/ (a .�J • V L . • • • OU — Q -- • • t • � 4 1r 4 4r 4) (a � �(0O • OL4OU0 - 4r N 00L u u • �r 'r (V) � 0V .— � U (a — � O (/) ■ ILI lkosti pis imp a•+ ,o C . a 1 C ‘11.• iiiiii , Mir 0 a am o 'i3 N..., E .0 o iii.o m 4.,RI 13 Li. INT:, 7:3 +N fra r• a. CL1 _ u)o ._ > all W a�E rt ei.) o a, . s 0 a) 4-i oc = C 0 II NMI CD XI s wait Iiiii) C (1). Ln C .Ct 00 > = RI M a•L . w.. , . De , . , , .. , ..,. ., , , NY F ��'Ci s 5 t f�.{? 1f1,. .,, ..„ LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 19,2012 A regularly advertised hearing on the COUNTY COUNCIL INITIATED BILL NO.255 REGARDING AN AMENDMENT TO ORDINANCE NO.08-150 was called to order at 10:54 a.m. in the West Hawaii Civic Center,Community Center,Building G,74-5044 Ane KeohokAlole Highway, Kailua-Kona, Hawai`i, with Vice Chair Lani Bowman presiding. COMMISSIONERS PRESENT: Lani Bowman,Brandi Beaudet,Thomas Hickcox,Wayne Iokepa and Thomas Whittemore ABSENT AND EXCUSED: Geraldine Giffin and Richard Nelson,III ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd(Planning Director),Daryn Arai(Planning Program Manager),Jeff Darrow(Planner), Kiran Emler (Department of Public Works,Engineering Division—until 11:45 a.m.)and Noriko Sauer (Commission Secretary) And approximately 14 people from the public in attendance. INITIATOR: COUNTY COUNCIL Bill No. 255 regarding an amendment to Ordinance No. 08-150 which amended Ordinance No.465, which reclassified lands from Agricultural-1 acre(A-1a)to Neighborhood Commercial-7,500 square feet(CN-7.5). Amendment seeks to delete Condition E that currently restricts use of the property to a visitor center and related uses due to flood hazards. The property is situated adjacent to the southeast of the Amy B.H. Greenwell Ethnobotanical Garden in Kealakekua, South Kona, Hawaii,TMK: 8-2-013: Portion of 2. BOWMAN: I would like to call the Hawaii Leeward Planning Commission back to order. We are now on New Business, initiated by the County Council,Bill No. 255 regarding an amendment to Ordinance No.08-150,which amended Ordinance No.465,which reclassified lands from Agricultural-1 acre to Neighborhood Commercial-7,500 square feet. Amendment seeks to delete Condition E that currently restricts use of the property to a visitor center and related uses due to flood hazards. The property is situated adjacent to the southeast of the Amy B.H. Greenwell Ethnobotanical Garden in Kealakekua,South Kona. Staff,please. ARAI: Thank you very much. If I may direct your attention to the presentation board. The subject property is located in the South Kona District on the mauka side of the Mamalahoa Highway, which is this white line running left to right across the map. For orientation,this intersection where I'm pointing to is where the new bypass highway will intersect the MAmalahoa Highway, and this area indicated in pink is zoned Commercial;basically directly across the street is the Manago Hotel as a point of reference. Zooming in a little bit closer with the MArnalahoa Highway in this particular location here,and this road running mauka is Kinue Road. The Greenwell Park is located in this location here just to the southeast,and the Yano Hall and the Fire Department and Police Department complexes are located in this particular location here. Surrounding properties are 1 zoned Agricultural-1 acre as indicated by the green color and Single Family Residential indicated by the mustard color. Again, those properties zoned Commercial is indicated here in pink. This is an aerial photo of the property. As you can see,the park site is,Greenwell Park is located here adjacent to the subject property, Yano Hall located there,and across the highway is the Manago Hotel. The subject property itself is outlined in a black border. The redline you see going through the property is the separation of the zoning district boundary. If I would back up quickly, back in 1979 this property did undergo a change of zone,but only for the mauka portion, mauka of the red line;the Commercial zone area along the highway was already in existence. So in 1979 there was a subsequent rezoning to rezone the mauka half of the subject property to a Commercial zoning consistent with that which already existed along the highway. As you can see on this particular map,this is the State Land Use Boundary Map. It shows the entire property within the State Land Use Urban District as indicated in the pink color. Areas indicated in the green are State Land Use agriculturally designated lands. This is our General Plan Land Use Pattern Allocation Guide Map. It is in an area designated for Low Density residential uses as indicated by the yellow color. Medium Density Urban uses, which also accommodate multiple family and commercial uses,are indicated here in orange. Also,note that the LUPAG Map is a broad brush representation of the land use policies for the County. This is the Kona Community Development Plan Map. The subject property is located somewhere around there—if I can get my pointer to shoot correctly. It is within a Rural Town TOD and there are no concurrency requirements for a Rural Town TOD,with the exception that that does encourage establishment of TOD master plans to guide the redevelopment of these Rural Towns. Bill 255 submitted by the Council attempts to delete Condition E in order to remove a restriction within the ordinance that currently limits uses on this Neighborhood Commercial zone property only to a visitor center and its directly related uses. Condition E currently states,"This amendment to change the district classification of property is limited to a visitor center and related and accessory uses of a visitor center in substantial conformance to the description in the current application"—submitted back in 2008—"for reasons of public health, safety, and welfare due to flood hazards in the area." When in 2008 there was an attempt by the Amy B.H. Greenwell Ethnobotanical Garden to amend the mauka half of the property,as I previously mentioned,and that was to accommodate a visitor center,during the course of hearings before the Planning Commission and ultimately at the County Council,the Council was concerned about potential flooding issues or drainage issues in a particular area. That being said,they saw it fit to incorporate this condition, which basically restricted uses to no more than a visitor center. This is a photograph of the affected area. This is an unnamed County road running basically mauka-makai, and we are looking makai with Manago Hotel in the background. The subject property is off to your right from this unnamed County road. And note the condition of the County road itself. This is looking back mauka along the same unnamed County road with the subject property off to your left. This is a view of the Ethnobotanical Center with the visitor center located to the right of the screen,and you may notice the paved circular driveway servicing the center. And again, this is a photograph of the visitor center itself. When we considered Bill 255,by eliminating Condition E, what that basically does is then allow all uses permitted within the CN zone district to occur on the subject property,regardless if the center is only envisioning nothing more than a visitor center and a farmers' market, which has been the 2 whole reason driving this proposal. There are concurrency requirements. There are concerns that were raised back in 2008 regarding drainage concerns of the area. The Planning Director is therefore offering this proposed amendment to Condition E beyond what was represented in Bill 255,which basically is saying if the property is used only for a visitor education center and a biweekly farmers' market,the applicant does not have to improve the unnamed County road and provide improvements to the Mthnalahoa Highway intersection,as well as dealing with the drainage improvements that will normally be required of any other Commercial zone property. And what it says also is that should the center decide at some point in time in the future to allow uses beyond the visitor center and biweekly farmers' market,then all the normal infrastructure improvements required of any other Commercial zone property on the island will be triggered,and that includes curb,gutter,sidewalk improvements,improve pavement surface,drainage improvements,striping, maybe even utility relocation; those things will be triggered, should they go beyond the visitor center and biweekly farmers' market use. So the Director is recommending favorable recommendation of Bill 255,provided that your recommendation also includes the revision to Condition E as indicated on the screen. And I'll leave this language up on the screen for your referral. So with that,I stand ready-. I'm sorry. We've received quite a few public testimonies in response to this proposed amendment. All of these testimonies have,copies of which have been provided to the Commission. We also received one just at today's hearing from Virginia Isbell,and that has also been distributed to you. So with that, I stand ready to answer any questions that you may have. BOWMAN: Thank you. Commissioners,any questions of staff? BEAUDET: One question. BOWMAN: Yes. BEAUDET: The requirement for the sidewalk,curb and gutter down the lane is both sides of the lane or just the property side? ARAI: The way the condition currently reads, it will require curb,gutter and sidewalks on both sides,I'm sorry,on one side along the southeast frontage of the subject property—I need to correct the statement. And the one thing that I did fail to mention is that the County Code also requires that whenever there is an amendment to an existing change of zone ordinance, as that is occurring here, that the concurrency requirements of the Zoning Code kicks in. So with that,we want to introduce a proposed new Condition F,as in Frank. And if you give me a moment, I will distribute the proposed language to you—one moment. And this language is language that you will frequently see in change of zone applications, I mean, I'm sorry,or amendments, that come before you. And I would like to read it for you; new Condition F,as in Frank, would read, "Should the applicants, successors or assigns develop a land use which the Planning Department,in consultation with the Department of Public Works, determines will generate over 50 peak hour trips,a Traffic Impact Analysis Report(TIAR)shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicants shall implement, when required by the Department of Public Works,at no cost to the County,any transportation system improvements that may be deemed necessary by the Department 3 of Public Works." So with that condition in place, it will deal with the concurrency requirements of the Zoning Code and therefore allow us to support the proposed amendment. And,let's see, I had one final change to make—and for some reason I've lost track of it—okay,in Bill 255,as indicated in your background report,Exhibit H,as in Harry,that is a transmittal from the County Council sending Bill 255 to the Planning Commission for review,and the condition that I'm looking at in the draft ordinance is Condition L,as in Larry,and that is your standard fair share condition. This bill basically, with the proposed amendment,it—how do I say this—they are incorporating the language from the existing ordinance and sort of like refreshing it in this proposed bill;but what they didn't do was to sort of update the fair share numbers. As you recall,over time the fair share assessment changes based on the Honolulu Consumer Price Index. So,because,once you,should this proposed amendment,or new bill,go through,it will lock in the assessment at this point in time. These numbers are actually making reference to numbers that were originally adopted in 2008. So what I simply did is I'm recommending that all the numbers you see there, which is like on Page 5 in the middle of the lengthy paragraph under Condition L,it speaks to"the fair share contribution shall have a combined value of$7,383, 36 per multiple family residential unit($11,506.13 per single family residential unit),"I want to change those numbers and all the numbers that come after it regarding parks,Police, Fire, solid waste disposal and roads,to current fair share assessment,or the fees. So just as a reference point,the value for multiple family residential unit, the fair share contribution will now increase to$8,796.06,and for single family it's $12,772.64,and we will then adjust all of the numbers to make it consistent with the current fee, fair share assessment. So we will plug in those numbers based on the current fees for 2012. BEAUDET: Daryn? ARAI: Yes,Commissioner. BEAUDET: Is it necessary to change the numbers to current? Because if they don't do it now, then it's going to change next year because the sentence before provides language for the CPI change,right? ARAI: That is correct. But then if you read the sentence in its entirety,it says, "The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance";so when it makes reference to"this ordinance,"it will be this ordinance that could be adopted in 2012. But these numbers are actually reflecting numbers that existed back in 2008,so-. Was I clear? Thank you. BOWMAN: Any other-? ARAI: And just, I'm sorry,just for the record, whenever we make amendments to existing change of zone ordinance, we frequently go through these type of updates to the numbers,just it's so we are not treating this any different. And this is only applied, if they build residential units on the property;if they don't build it,then the fair share doesn't kick in. BEAUDET: So the three-year time frame starts from now or from the original date? ARAI: It will start from when this bill is eventually adopted by the Council. 4 BEAUDET: Okay,so it's a completely new bill then-. ARAI: Yes. That is why-. BEAUDET: Once the changes are accepted. ARAI: Correct. BOWMAN: Any other questions,Commissioners? I have a quick one. Farmers' market limited to homegrown and homemade—does that include woodwork art? ARAI: I believe it would—let me see—yeah,I believe it would. So homemade wood implements like bowls and-. BOWMAN: Or jewelry or art or-. I mean that's -. ARAI: Jewelry,as long as it's manufactured by the person selling it, yes; they cannot simply be a reseller of products. BOWMAN: Right. Okay. Any other questions? No? Okay,will the applicant or their representative please come forward,and then I can swear you in. Please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai`i Planning Commission? VAN DYKE: Yes,I do. BOWMAN: Could you please state your name? VAN DYKE: My name is Peter Van Dyke. I'm the manager of Amy Greenwell Ethnobotanical Garden and an employee of Bishop Museum who is the owner of the property. BOWMAN: Good morning. VAN DYKE: Good morning. BOWMAN: Do you have anything to add? VAN DYKE: Well,I came basically to testify that I support the recommendation of the Planning Commission. I hadn't seen this Condition F. And I quite certainly understand all about it. We are an ethnobotanical garden;our mission is supporting traditional Hawaiian cultural uses of plants through conservation and education. I think we are a real asset to our community and to our neighborhood. There would be a lot of-. I think people from the farmers' market will tell you why the farmers' market itself is going to be important to the farmers and to the community. But it's also important to us as a botanical garden and a museum in the Captain Cook community. And the main thing the farmers' market does for us is raise our visibility in the community,which brings people from local residents and non-resident visitors to our site. And they may be coming there for the purpose of the market,but they have a chance to look around,and hopefully, they like what they see and they'll come back and take part in our programs or recommend that people,their friends 5 will come back. And so having a farmers' market there is really going to be a benefit to us. It's going to be a benefit to everybody in the community,I think, too. But I thought I could really kind of talk about how it's a benefit to us. I don't think that the original problems of drainage and flood hazards are going to be exacerbated or increased by the farmers' market there. When there is a heavy rain,the farmers' market will close, customers won't come, the vendors will,you know, we'll close the market obviously. Mind you this is not Hilo,so people here don't go out to market or something like that in heavy rains. But, and also,the onsite drainage mitigation has really taken care of, I think,anything,any storm runoff that's generated by the site itself. The only thing,I mean,I wonder about the language of the recommendation that why we couldn't just say that the,going back to the original County Council language,the amendment to change the district classification of property is limited to a visitor center and a farmers' market, you know,for the purpose of the condition,or biweekly farmers' market permitted,blab,blab,blah,and leave it at that,without having to specify exactly what improvements will be required,should we desire to make any other,have any other kind of activities on there. And I'm not sure that, it just seems like we are,we have been locked into a really precise definition of what will be required, if we want to do anything else, whereas we would certainly have to come back to the Public Works Department or the Planning Department, if we want to do anything else anyway and,you know,times change. We might,you know,there's,we don't,we lose any kind of negotiation opportunity we might have by specifying exactly what would be required to do,if we wanted to do anything else, whereas if we just leave that out,of course we will be required to come back and find out what it is we have to do, but we won't be pinned down to the one condition. And that's more of a question; it's not an objection or a deal killer on my part. It's just sort of like why can't we just leave it at a visitor center and a farmers' market without including all those specifics. And I'm not sure how the, what is the process for determining whether in this new condition, a land use will generate over 50 peak hours. Do we have to,like, submit a proposed land use to,whom? To the Planning Department,I guess. And they work it out with the Department of Public Works,and then they determine, they determine 50 trips per hour. So,you know, anything we are thinking about doing, we have to come back to the Planning Department to do it,or-. So anyway,those are a couple of questions. BOWMAN: Okay,staff,thank you. ARAI: Okay,I'll do my best to respond to all of your concerns. Thank you,Mr. Van Dyke. The reason why we are proposing the revised language to Condition E is that Bill 255, which was introduced by Mrs.Ford,basically-. Let me back up. When the 2008 amendment to the change of zone ordinance was going through to accommodate the proposed visitor center,there were concerns brought up by Councilperson Ford regarding drainage in the area. Based on those concerns, the Councilperson and the rest of the Council saw it fit to limit uses only to a visitor center, as indicated by the Condition E,which is struck out there below. We do not support that type of condition because it restricts uses that are normally permitted by the Neighborhood Commercial zone district. As you look at the Zoning Code,there is a whole range of uses allowed in the Neighborhood Commercial zoned area—farmers' market, laundromats, retail stores,offices—a whole range of uses. So to restrict it to one particular use within the whole category use,you are actually defeating the purpose of zoning; you are almost as if you are treating this like a special permit or a use permit, which only defines one particular use. That is like a contractual type of zoning. That I believe the proper word is illegal. So we are in some ways glad to get rid of the old condition because it really 6 shouldn't be in an ordinance like this. When you approve a zoning,it should be based on the assumption that the entire range of uses will be allowed and that is a proper location for all of those type of uses permitted under the Zoning Code. That is why we are offering-. We cannot support the proposal offered by, submitted under Bill 255,simply because by eliminating that condition,or that restriction,it allows the whole range of uses allowed under the CN zone district,but it fails to address the very concern that was raised back in 2008,which is concerns regarding drainage in the property and adequacy of access. All Commercial zone districts normally require commercial type of improvements—adequately paved roadways,curb,gutter and sidewalk improvements, and drainage improvements; we couldn't just eliminate the conditions or allow all those uses to occur on the property without addressing the basic requirements that we expect of any other Commercial zoning on the rest of the island. We have to treat this in a same manner. So with that being said, and knowing what was envisioned by Bill 255, the Planning Director felt that we would accommodate a visitor education center and a biweekly farmers' market without having to do all those extensive commercial improvements; however,should the center decide to do all those other commercial uses beyond the farmers' market and the visitor center,then you'll be obligated to provide all those standard commercial level of improvements,including roadway and drainage. Now, the Department of Public Works is concerned, you know,I believe the farmers' market has occurred in the past on this property,so there have been firsthand experiences on some of the traffic concerns that occur at that particular location. And maybe you can,maybe you will witness to that. What the Director is offering here is to accommodate those limited uses,the visitor center and the farmers' market,even though we understand that it may not address all of the concerns regarding traffic that was expressed by the Department of Public Works. But we understand that the visitor center(sic)limited to twice a week,we are trying to control the frequency of the impacts to the roads in that area. And that is why the Director is recommending that we do allow those two limited uses and defer those outside roadway improvements. VAN DYKE: Okay,thank you,I understand that. ARAI: Now,you had-. That was a long explanation,so now I lost track of what the other concern was. But Condition F, was it? DARROW: Whom they have to go to. ARAI: Okay,thank you,Jeff. Whenever you do development on a piece of property,either the landowner,the consultants,the contractors have to be aware of all of the requirements of government. We are sorry that the condition doesn't go into extreme depth on what would be the normal course; but if so,then we would end up with a condition that's over a page long. What that simply says is that, what it basically means is if you propose anything else on the property,come to the Planning Department. We would then advise you on all the processes, the permits, the requirements that would be necessary,should you wish to introduce other uses on the subject property. VAN DYKE: But not if, say, the Boy Scouts are going to come for a jamboree and there's going to be 50 kids or, you know,maybe 50 cars coming one day? ARAI: Well,that is why,that's the difficulty. There is no such thing as a temporary use on the property, you know. If you are contemplating using this property for uses beyond the visitor 7 education center and a biweekly farmers' market,then you will be subject to all the standard commercial improvements that we normally require of anyone else. So I guess what I'm basically saying is you'll be,should this amendment be approved by the County Council,you will be limited to those two uses,nothing more. VAN DYKE: Okay. ARAI: And if you want to contemplate something much grander,then that should have been considered before Bill 255 was submitted down to this office. But as it stands,the proposed revision is what was offered to us;there was no real detailed explanation on what else was coming. We had to glean through the records that everything was being promulgated by the desire of the community to have a,to re-establish the farmers' market on the property. So that's what we knew and that's what we try to accommodate. VAN DYKE: Okay,thank you. BOWMAN: Commissioners,any questions? I have a question,comment,or something,in regards, say,the Boy Scouts. Would that be ancillary use to the visitor center,if the Boy Scouts came,that kind of thing? I mean,what's ancillary to the visitor center? Cause I think that's a question. ARAI: The visitor center is,the way I understand it,educational. A lot of what's occurring on the property is educational. If there is some sort of activity that is promoting the direct operations of the visitor education center, then that is maybe something we can consider as ancillary and supportive,or related,to the operations of the visitor education center. Something like,if the Boy Scouts were to hold a bake sale or a fundraiser to support the operations of the visitor center,that's fine;but if they hold a makahiki or some other type of event that has no direct bearing on the operations of the visitor center or the Greenwell Botanical Garden,then I would think that would be in conflict with the code. I just see no relationship. BOWMAN: Thank you. But that doesn't preclude them from holding,like,you have your Amy Botanical Days;so they could have one of those in addition to the biweekly markets,right? Because that's, again,totally for the visitor center. I'm just trying to clarify. Say,they had a 'ulu festival that was ancillary to the visitor center. ARAI: You know, I try to think that the Department prides itself on being reasonable,so I would think that, you know,it really depends;I mean,I don't think we are going to come across and be unreasonable on how we review things. But, you know,it's hard for me to pass judgment without sitting down because-. Understand that the Planning Director is trying to accommodate the desires of the community but is also very aware of the concerns affecting the area—one of them being drainage,the other one clearly being traffic. So that is always in the back of our mind. And we do have a fiducially responsibility to make sure that whatever is being offered remains consistent with the intent of what's being offered through this bill,but not compromise the purpose of our zoning requirements,which would normally, as I mentioned before,require that roadways in the area and drainage system be improved to commercial standards. So if you want free liberty to do whatever you want within the Commercial zone district, then we are going to expect all the improvements to be put in first. 8 BOWMAN: Thank you. Any other questions,Commissioners? Forgive me, I forgot to ask you if you have received the background report in addition to what we've given you,and that you've received it and -. VAN DYKE: Yes, I did, yeah. BOWMAN: Okay,thank you. Okay, any more comments? VAN DYKE: Well,just to say thank you for answering my questions. I feel really satisfied with your answers,and I think it's a good recommendation from the Planning Commission. We'll be very happy to-,if it's accepted. BOWMAN: Thank you. Now,we have eleven people to testify—thank you, you may sit down— so what I'd like to do is call you up four at a time. And if you could, you know,you've heard the testimony,maybe if you have additional testimony,do your best to limit it to a couple of minutes, because we'd like everyone to be able to, you know, have their turn to testify. So I will call you up by fours according to how,when you signed up. So—forgive me if I don't say your name right— Karen Kriebl,Timothy Bruno,Gary Willick and Roxann Taughinbaugh. Okay,and I will need to swear you in, so if you could,after you're seated,please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawaii Planning Commission? TESTIFIERS: Yes, I do. BOWMAN: Good. I will start with Ms. Kriebl. KRIEBL: Thank you. Hello,my name is Karen Kriebl. I am a founding member and a vendor at the South Kona Green Market since 2008. I'm a fulltime farmer,and the South Kona Green Market has provided me the opportunity to connect my farm products with the community. It's been an integral part of our income. I'm very appreciative of the Kealakekua Ranch providing us a temporary home while the visitor center has been constructed. But during the two years time, I've seen a 50 percent or more reduction in my sales. I'm looking forward to the opportunity to be back at the Amy Greenwell Ethnobotanical Garden with its road frontage,and an increase number of visitors to the island finding myself and my coffee. It's not only a place for income for me but the market has provide a social venue for my family and the opportunity to speak with other farmers,to learn about new ideas,to connect with other educational organizations like the One Island sustainability program,so I can learn about how to bring hot water to my home,to learn about how I can help with the,treat the coffee berry borer issue on my farm,it brings local commissioners there where we can ask questions, and it's provided a wonderful opportunity for my family. And I look forward to the adoption of this change. BOWMAN: Thank you. Commissioners, any questions? Thank you. Mr. Bruno? BRUNO: Aloha. My name is Tim Bruno. I am the manager of the South Kona Green Market,also one of the founding members. And we applaud the change as it is on its way; we think it's really terrific. The Green Market has quickly found its way to the heart of the community. We get a lot of regulars every week. It's pretty terrific. And we get a fair number of tourists,not as many as we used to when we were in front of Amy Greenwell,the property there. The road visibility cannot be minimized; that makes such a big difference to our folks. In terms of nuts and bolts,many of our 9 vendors have stopped attending the market because it was just not economically feasible for them because some of them come as faraway as,we used to have people come as faraway as Hilo. They would because there's something special that they knew so well in South Kona,and they would drive all the way around. And when we moved up to the land on the Kealakekua Ranch Center,it just didn't make any sense for them;they weren't malting enough sales to even justify the gasoline. So being back in front of the Amy Greenwell center would be terrific. And really we have a very special relationship with them. Many of our members of the market are also members of the Garden. And it's pretty terrific that way, the way it works out. One of the items that you were addressing was the traffic. And I can speak from experience on this that when the market is full of customers, the cars just continue on down the road. Usually we are getting people who are regulars,of course,that come in,and they come in and do their shopping and they hang out for however long that they hang out, and then they leave. But the additional traffic that comes from the tourists,if they don't see parking,they just continue on down the road. So it will not really impact the traffic in any additional way. It's kind of a self-regulating mechanism. It's kind of a benefit there. We have a very specific mission with the South Kona Green Market. Our motto is "From the Land —By Our Hand,"and that means it's got to be your thing; you've got to make it,grow it,paint it, pick it—it's got to be yours. And we are very specific about who is allowed to vend at the market based on the criteria. With that in mind,however,there are a couple of categories that are not necessarily addressed by the wording of this ordinance as it is. In the final sentence there where it begins with"for the purpose of this condition,"if we were to make a change in where it says "and/or raw produce,"if we were to change the word "produce" to"food,"that would cover a handful of food preparers at our market. And also in the section where it says"local homegrown and homemade products,"if we were to say"homegrown and homemade products,and locally designed art ...." Because there are several artists who in addition to having their paintings and drawings for sale, also have prints that are not necessarily produced by them;they are printed off-island and brought in. We also have a couple of authors who have displayed at our market,and obviously they don't print their books here on the island. And the way we address that is to find out where the mana is in the product. And, you know,the person is not buying the book because it's a book;they are buying it because it's the person's book,the one that they wrote. They are not buying the art card just because it's a card;they are buying it because they like the art that was created by the person that's on the card. So I would like you to consider that. And also-. I think that everything else is addressed in there. Thank you. BOWMAN: Thank you. Commissioners,any questions of the testifier? Or staff,any comments? ARAI: I'm sorry,could you repeat that question? BOWMAN: Okay, he had a couple of concerns to add—let me get—"limited to the sale of local fresh -." ARAI: Oh, I see. BOWMAN: The additions that he had. 10 ARAI: I understand what he is asking for. I would recommend that the requested amendments not occur. The reason being is what you see there regarding how a biweekly farmers' market is defined is extracted directly from the County Code. It is the standard that is applied island-wide, and I would rather not see different type of description on what is a farmers'market throughout,you know,embedded in separate ordinances. But with that being said, we have been very liberal on how we interpret those requirements. As Commissioner Bowman mentioned earlier, it could be locally turned wood products. I would imagine if someone was interested in making bentos or sandwiches or anything that,I mean, the whole concept is to promote products that are actually manufactured by the person selling them, and if that's basically the intent,then it's something that we would try to adhere to. BRUNO: That would be satisfactory then. ARAI: Thank you. BOWMAN: Thank you. Yes, I agree. Any other questions,comments? No? Okay,I think Gary Willick was not-. WILLICK: Gay. BRUNO: It's Gay. BOWMAN: Oh,I'm sorry. It looked just like-. I apologize. Ms. Willick. Thank you. WILLICK: I think Karen and Tim pretty well covered it. I agree with what they said. BOWMAN: Thank you very much. And Ms.Taughinbaugh? TAUGHINBAUGH: Hi, my name is Roxann Taughinbaugh. And I've been at the Green Market for,I believe,three years. And I just want to say I appreciate that you are going to make this change so we can go back and have street visibility. It's going to make a big difference in my sales. So thank you. BOWMAN: Thank you. Any questions,Commissioners? Thank you, you may-. BRUNO: Just one last item. Thank you very much for the Commission to allow us to speak. But also,I'm so glad that you guys are actually paying attention to the laws, I mean,this is not about,I mean,I understand you are following the letter of the law,and that's great. BOWMAN: Thank you very much. You may be seated. I'm going to call up the next four testifiers, and you may be seated so I can swear you in—Terry Patrick,Harold Moodie, Michele Wilkins and John Reiner. And if you could raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawaii Planning Commission? TESTIFIERS: I do. BOWMAN: Thank you. Okay,we will start-. 11 PATRICK: Good morning,Commissioners. BOWMAN: Good morning. PATRICK: My name is Terry Patrick. I'm a coffee farmer from Captain Cook. I'm currently operating the farm of one of the original founders of the South Kona Farmers' Market,and just very thankful that she was such a hard worker and helped put this group together. A good portion of the income from our farm comes from this market,and allows me to hire several full and part time workers throughout the year. And we really appreciate this opportunity to move back to Amy Greenwell Botanical Garden. Thank you. BOWMAN: Thank you. Any questions? Thank you. And Mr. Moodie? MOODIE: Hi there,good morning,Commissioners. My name is Harold Moodie. I'm testifying as a former vendor at the South Kona Market. We really had to stop going to the market because it was essentially costing us money to be there. When the market moved up behind Choice Mart,we lost the visibility that we really need to attract the island visitors. We sell hand-painted silk garments,and we also grow fruit and sell eggs, and so the hand-painted silk really does depend upon the visitor industry. And if we were to return to the Greenwell Garden, I think that it would really enhance the sales of a number of vendors. Thank you very much. BOWMAN: Thank you. Any questions? Okay, moving right along,we have Michele Wilkins? WILKINS: Aloha,my name is Michele Wilkins,and my husband and I own and operate a small plant nursery,and we specialize in the landscape. We've been with Market two years now, and we have noticed a substantial decrease in our sales. And we don't sell products that tourists can buy. But just the visibility,even with the local population,you know,with the community,it makes a huge difference to us as far as getting our plants,you know, and talking to people and telling them how to grow food and,you know,as landscape kind of a thing. It makes a huge difference,so-. Thank you. We hope to get to go back. BOWMAN: Thank you. Any questions,Commissioners? Thank you. Mr.Reiner? REINER: Good morning. I'm John Reiner. And I agree with my wife. She pretty much covered it. And I agree with the Bill 255. Thank you. BOWMAN: Thank you. You may be seated. I will call our last testifiers—Shirley Wills,Robert Scanpule and Virginia Isbell. If you could please be sworn in. Virginia, are you -? Thank you. WILLS: My name is Shirley-. BOWMAN: I'm going to swear you in first,please. If you raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawaii Planning Commission? TESTIFIERS: Yes, I do. BOWMAN: Thank you. And if you could speak into the mike. 12 WILLS: Yes. Hello. I'm very grateful for what happen today with the Green Market being able to be at the Ethnobotanical Garden. I'm really happy. And I thank you,all of you, for supporting that. BOWMAN: Thank you. Commissioners,any questions? No? Thank you. SCANPULE: Good morning. My name is Robert Scanpule, and I'm a sometimes-volunteer there, and enjoy going to the South Kona Green Market for the produce and the music. And the people that are there are very friendly,and it's a nice area to be at. And it supports people who are growing food to give to other people and share. And it's nice to see a lot of people come out on that day to enjoy each other. Thank you. BOWMAN: Thank you. Any questions? Thank you. Ms. Isbell? ISBELL: Aloha. My name is Virginia Isbell,and I'm very happy to be here this morning. And I think you all have received a copy of my testimony. I would like to remind you of only one thing, and that is on the mainland they are having the most severe drought in the history of the United States. They have never had one this bad. And they are hoping for anything,even if it's a calamity, to bring rain. If we don't have our farmers prepared and us ready to buy,we have ourselves in another situation. If we have another drought,like, I remember having several times over the 52 years I've lived here,then we should be thankful for anything that we can get. So I'm saying to all of you we need to start working together, instead of finding reasons why not to work together. And I think it's wonderful that Amy Greenwell Botanical Garden is ready to help us. And I am personally very happy to know that there are farmers here. And we are still getting a little rain and we are still in good shape. But I feel for all of those on the mainland who are going through the worst time of their lives. So in my testimony really basically what I want you to know is I am in full support of this. I know them all very well,not all farmers,but I know the people who run the Amy Greenwell Ethnobotanical Garden. But there is another part of this that's very important. The parking for the vendors would not be competing with the parking for the visitors,because around the back of the Amy Greenwell Ethnobotanical Garden over by the old office is room for 20 to 30 vehicles. And that's where I always parked,and everybody else does usually. Because remember there were days there was nothing going on there on the other side. So I just want to remind you that there is plenty room for parking,there is plenty room for the vendors then to be on the paved area,not on a slope like they used to be. And I just feel very comfortable about it. But I think it's very important that we do all we can to help farmers. And if they can raise the food and we get the rains,thank goodness,for all of that. Thank you very much for allowing me to speak today. Mahalo. BOWMAN: Thank you. Any questions? Thank you. You may be seated. Will the applicant come forward? ARAI: Madam Chairwoman? BOWMAN: Yes. ARAI: I just want to clarify to-. Mr. Van Dyke has been speaking. It is a Council initiated bill,so actually,the applicant,or initiator,is the County Council,and-. 13 BOWMAN: Oh,okay,I apologize. ARAI: No,no, no,don't-. I know it's sometimes confusing,especially when it was initiated by the County Council on behalf of a particular entity; so that's what kind of creates confusion. BOWMAN: So then the County Council will be notified in writing, not the Garden,with our decision. ARAI: That is okay,but we can copy the Botanical Garden with our, the Commission's decision whatever it may be. BOWMAN: Okay,thank you. Sorry. VAN DYKE: Okay. BOWMAN: So,with this done,any other comments,Commissioners? Questions? Do I hear a motion? BEAUDET: Okay, I'll go. BOWMAN: Okay,thank you. BEAUDET: I'd like to move for a favorable recommendation be made to the Hawaii County Council to the request for amendment of Bill No. 255, amendment to Ordinance No.08-150, Change of Zone No. 335,with the changes as stated in the recommendation for Condition E and the addition of the new Condition F and Condition L. BOWMAN: Regarding the fair share. BEAUDET: Yeah,excuse me,and the changes to be made to Condition L regarding the dollar amount,to fair share credit. HICKCOX: Second. BOWMAN: Okay,it's been moved and seconded. Any other questions,comments? No,we are ready for the vote? ARAI: Okay,roll call. Commissioner Beaudet? BEAUDET: Aye. ARAI: Commissioner Hickcox? HICKCOX: Aye. ARAI: Commissioner Iokepa? IOKEPA: Aye. 14 ARAI: Commissioner Whittemore? WH1'1-1'EMORE: Aye. ARAI: And Madam Chairwoman? BOWMAN: Aye. ARAI: Madam Chairwoman,motion carries with five aye votes. BOWMAN: Okay,so the County will be informed and the Garden cc'd on this. Thank you. Thank you,everyone,for your time you took to come here. The discussion ended at 11:58 a.m. Respectfully submitted, , Noriko Sauer,Secretary Leeward Planning Commission 15