HomeMy WebLinkAboutCOM 0606.000 2012-2014 ; YOFM •
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4. *i'• Walter K.M.Lau
166;; Managing Director
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William P.Kenoi %:•
Mayor J-Mes Randall M.Kurohara
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County of Hawaii
Office of the Mayor
25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Me Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740
(808)323-4444 • Fax(808)323-4440
January 3, 2014
CD
J Yoshimoto, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
E'er
Dear Chairman Yoshimoto and Members:
Change of Zone Application (REZ 13-000169)
Applicant: Sherry Jordan
Request: RS-10 to CN-10
Tax Map Key: 2-2-036:053
✓Change of Zone(REZ 981, Docket No. 01-000019)
Applicant: Sandra Kaneshiro
Request: Five-Year Time Extension to Comply With Condition B (Secure
Final Plan Approval-Complete Construction) of Change of Zone Ordinance No. 02-49 •
Tax Map Key: 2-2-022:005
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 Windward Planning Commission's letters and
enclosures regarding the above-referenced requests.
Sine
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
<Bin 1$4 Rei To: No. 00(0
> Ref. To: PC
County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date.SAN 0 7 1014
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County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
, N �� Phone(808)961-8288 • Fax(808)961-8742
J Yoshimoto, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yoshimoto and Council Members:
Change of Zone(REZ 981, Docket No. 01-000019)
Applicant: Sandra Kaneshiro (formerly Dr. Curtis Lee)
Request: Five-Year Time Extension to Comply With Condition B (Secure
Final Plan Approval-Complete Construction) of Change of Zone Ordinance No. 02-49
Tax Map Key: 2-2-022:005
The Windward Planning Commission, at its duly held public hearing on December 5, 2013,
recommended for your approval the proposed legislative bill for a five year extension of time to
comply with Condition B (secure Final Plan Approval) of Change of Zone Ordinance No. 02-49
that changed the district classification from a Single Family Residential (RS-10) to General
Commercial (CG-20) zoning district for approximately 20,640 square feet of land. The property
is located on the northwest side of Kamana Street, between Kino`ole Street and Kilauea Avenue,
approximately 340 feet northeast from the Kamana Street-Kino`ole Street intersection, Waiakea
House Lots 2nd Series, South Hilo, Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
Change of Zone Ordinance No. 02-49 was approved by the County Council to
change the district classification from Single Family Residential (RS-10) to General
Commercial (CG-20) for TMK: 2-2-022: 005. The effective date of the ordinance is
April 10, 2002.
Hawai`i County is an Equal Opportunity Provider and Employer
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
The former applicant(Dr. Curtis Lee) through the approval of the change of zone
to a CG-20 zoning district in 2002, proposed to convert the existing single-family
dwelling into his medical office no later than April 10, 2006 as prescribed by Condition B
of Ordinance No. 02-49. To date, the proposed medical office has not been constructed.
The current applicant (Sandra Kaneshiro) is proposing to demolish and/or remove the
existing dwelling because of termite damage and to develop a new commercial office
building. The current applicant has submitted a request for a 5-year time extension to
comply with Condition B of Change of Zone Ordinance No. 02-49 (REZ 981), which
states:
"Final Plan Approval for the proposed development shall be secured from the
Planning Director in accordance with Chapter 25-2-70 of the Zoning Code within
two (2) years from the effective date of this ordinance. Plans shall identify
existing and proposed structures,paved driveway access and parking stalls
associated with the proposed use. 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)."
The applicant purchased the property in October of 2005 with the intention to turn
the existing single wall home to commercial office space. Shortly after the purchase, she
felt the pressures of the economic downturn and all plans for the property stopped. She
found a buyer for the property in 2006 and was sold under an agreement of sale. Just
after one year from the purchase, the new owners also felt the pressures of the bad
economy. The new owners could not make the payments and the property was taken
back.
Since the purchase of the property in 2005, the existing dwelling has become
termite ridden and would be too costly to repair and renovate. As such, the current
applicant is proposing to demolish the existing dwelling and construct a new commercial
office building.
The amendment request is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and that
are not the result of their fault or negligence. The applicant has indicated that the
reason for non-performance is mainly due to the unforeseen economic downturn. These
unforeseen issues have caused delays that have prevented the applicant from finishing the
project by the deadline for compliance. With the improved economy, she is in a
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
better financial position to complete the project. Plans have been drafted for the proposed
commercial building and the applicant has received letters of intent from 2 tenants.
Based on the reasons provided, it is determined that the applicant could not have
foreseen the economic downturn, which was beyond their control, and was not the result
of their fault or negligence.
Approval of this time extension request would not be contrary to the General
Plan, the Zoning Code, or the original reasons for the granting of the Change of
Zone. There have not been any significant changes to the General Plan for this area since
this request was originally approved that would affect this project. The request continues
to be consistent with the General Plan Land Use Pattern Allocation Guide (LUPAG)
Map, which designates this area as High Density Urban. This allows for general
commercial,multiple-family residential and related services (multiple-family residential -
up to 87 units per acre). Additionally, the use continues to be consistent with the Land
Use-Commercial and Economic elements of the General Plan.
The requested CG zoning would continue to be consistent with the transition of
this particular section of Hilo into a mixed use, multiple-family and commercial area.
The land uses in the immediate area are a mix of residential and commercial uses, with
multiple surrounding properties being similarly zoned CG-20.
The property is located within an area adequately served with essential services
and facilities such as water, sewer, transportation systems and other utilities. Although
water is available to the subject property through a 5/8-inch meter, additional water can
be made available from an existing 6-inch waterline along Kamana Street with a
connection size subject to review and approval by the Department of Water Supply
during the construction design phase of the proposed development. The Department of
Water Supply requires that a backflow preventer be installed. There is a fire hydrant
fronting the adjacent property to the east.
The project has no severe geological or topographical problem which cannot be
properly rectified or which would render the land unusable. The project site is classified
as Flood Zone X, areas determined to be outside the 500-year flood plain, on the Flood
Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency
(FEMA).
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 4
Based on the above discussion, the granting of the amendment request continues
to be consistent with, and not contrary to, the General Plan,Zoning Code, and the original
reasons for granting the change of zone.
Based on the above findings, it is recommended that a favorable recommendation
to amend Change of Zone Ordinance 02-49 be forwarded to the County Council.
For your favorable consideration, an amendment to Ordinance No. 02-49 is transmitted.
We are enclosing copies of the staff Background,Planning Director's Recommendation, and the
Powerpoint presentation for your information.
Sincerely,
/(2/(.6lie.Ce
Wallace A. Ishibashi, Jr., Chairman
Windward Planning Commission
Lsandrakaneshirorez981 wpc2.
Enclosures
cc: Mr. Tyler Kaneshiro
Ms. Sandra Kaneshiro
Depailinent of Public Works
Depai tnient of Water Supply
Department of Land &Natural Resources-HPD
William Brilhante, Esq., Corporation Counsel
BKaneshiro-REZ981.jwd-10-22-13
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
SANDRA KANESHIRO (FORMERLY DR. CURTIS LEE)
CHANGE OF ZONE ORDINANCE NO. 02-49 (REZ 981)
AMENDMENT TO CONDITION B (TIME TO SECURE FINAL PLAN APPROVAL)
SANDRA KANESHIRO (FORMERLY DR. CURTIS LEE)has submitted a request for a
5-year extension of time to comply with Condition B (secure Final Plan Approval) of Change of
Zone Ordinance No. 02-49 that changed the district classification from a Single Family
Residential (RS-10) to General-Commercial (CG-20) zoning district for approximately 20,640
square feet of land. The property is located on the northwest side of Kamana Street,between
Kino`ole Street and Kilauea Street, approximately 340 feet northeast from the Kamana Street-
Kino`ole Street intersection, Waiakea House Lots 2nd Series, South Hilo, Hawai`i,
TMK: 2-2-022:005.
APPLICANT'S REQUEST
1. Request: The former applicant(Dr. Curtis Lee) through the approval of the change of
zone to a CG-20 zoning district in 2002,proposed to convert the existing single-family
dwelling into his medical office no later than April 10, 2006 as prescribed by Condition B
of Ordinance No. 02-49. To date,the proposed medical office has not been constructed.
The current applicant(Sandra Kaneshiro)is proposing to demolish and/or remove the
existing dwelling because of termite damage and to develop a new commercial office
building. The current applicant has therefore submitted a request for a 5-year time
extension to comply with Condition B of Change of Zone Ordinance No. 02-49 (REZ
981),which states:
"Final Plan Approval for the proposed development shall be secured from the
Planning Director in accordance with Chapter 25-2-70 of the Zoning Code within
two (2) years from the effective date of this ordinance. Plans shall identify
existing and proposed structures, paved driveway access and parking stalls
associated with the proposed use. Landscaping shall also be indicated on the
plans for the purpose of mitigating any adverse noise or visual impacts to adjacent
Attachment to: Comm. 606
-1- Bill 184
properties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements)."
(Planning Department Exhibit 1—Amendment Request dated June 28,2013)
2. Reasons for Request: The applicant has submitted the following reasons for the time
extension request:
• The applicant purchased the property in October of 2005 with the intention to turn
the existing single wall home to commercial office space. Shortly after the
purchase, she felt the pressures of the economic downturn and all plans for the
property stopped. She found a buyer for the property in 2006 and it was sold
under an agreement of sale. Just after one year from the purchase, the new
owners also felt the pressures of the bad economy. The new owners could not
make the payments and the property was taken back.
• Since the purchase of the property in 2005, the existing dwelling has become
termite ridden and would be too costly to repair and renovate. As such,the
current applicant is proposing to demolish the existing dwelling and construct a
new commercial office building.
3. Landowner: The landowner of the property is the current applicant, Sandra Y.
Kaneshiro.
BACKGROUND INFORMATION
4. April 10,2002: Effective date of Change of Zone Ordinance No. 02-99 (REZ 981)
approved by the County Council, which reclassified lands from RS-10 to CG-20. The
applicant,Dr. Curtis Lee, proposed to convert the existing dwelling into his medical
office. (Refer to Exhibit A within the Applicant's Amendment Request)
5. February 26, 2004: The Planning Director granted a 2-year administrative time
extension to comply with Condition B (time to secure Final Plan Approval) of Change of
Zone Ordinance No. 02-49 until April 10, 2006.
DESCRIPTION OF STATE AND COUNTY PLANS
6. General Plan LUPAG Map: High Density Urban.
7. State Land Use Designation: Urban.
8. County Zoning: General Commercial (CG-20), which allows medical clinics, offices,
and a range of commercial uses. (Planning Department Exhibit 2—Permitted Uses in
the CG zoning district)
-2-
9. Hilo Community Development Plan(CDP): The Hilo CDP was adopted by the
Planning Commission, Resolution No. 1 on May 21, 1975. The Land Use Concept Map
reflects existing multiple-family residential (RM-4)uses.
10. Special Management Area(SMA): The property is not located within the Special
Management Area(SMA). The property is approximately one mile from the nearest
coastline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
11. Subject Property: The subject property is 20,640 square feet in size and is rectangular
in shape. There is currently an existing single-family dwelling that was originally
constructed in 1933.
12. Surrounding Zoning/Land Uses: The land uses in the immediate area are a mix of
residential and commercial uses. There have been a number of similar rezones in
immediate area. The adjacent property to the west is similarly zoned CG-20, which was
approved under Ordinance No. 02-48 on April 10, 2002. The adjacent property to the
north(rear)is zoned RS-10. The two adjacent properties to the west are zoned RD-3.75.
To the south across Kamana Street are properties zoned RS-10 and RD-3.75,which
consist of residential uses. The subject parcel is also within a half block of the Hilo
Shopping Center, where there is existing commercial activity.
PUBLIC FACILITIES
13. Access: Access to the property is from Kamana Street which is located between Kinoole
Street and Kilauea Street. It is a paved county roadway with a 60-foot right of way,
approximately 20-foot wide pavement and 7 foot-wide paved shoulders. There are no
existing curb, gutter and sidewalks in the area,however, there are AC curbs (berms)
along the north side of Kamana Street,which includes the subject property frontage.
14. Water: County water is available for the proposed development.
15. Wastewater: Comments from the Department of Environmental Management require
connection of existing and/or proposed structures to the existing County sewer.
16. Utilities and Essential Services: Electric and telephone services are available to the site.
Police services are available at the main station on Kapiolani Street and fire protection
-3-
services are available at the Hilo Central Fire Station located at the corner of Kino`ole
Street and Ponahawai Street and on West Kawailani Street.
AGENCIES' COMMENTS
17. Department of Public Works: (Planning Department Exhibit 3—September 3,2013
Memo)
18. Department of Water Supply: (Planning Department Exhibit 4—September 5, 2013
Memo)
19. Department of Environmental Management: (Planning Department Exhibit 5—
August 29,2013 Memos)
20. Police Department: (Planning Department Exhibit 6—August 30,2013 Memo)
21. Fire Department: (Planning Department Exhibit 7—August 26, 2013 Memo)
22. Department of Land and Natural Resources-Land Division: (Planning Department
Exhibit 8—September 11, 2013 Letter)
23. Department of Land and Natural Resources-State Historic Preservation Division:
(Planning Department Exhibit 9—September 11,2013 Letter)
AGENCIES' NO RESPONSE
24. Department of Public Works-Building Division and Department of Health.
PUBLIC COMMENTS
25. 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.
-4-
Request for Change of Zone Ordinance No. 02 49 (REZ 981)
Applicant: Sandra Kaneshiro (Formally Dr. Curtis Lee)
Request: RS-10 to CG-20
Subject: 5 year time extension to comply with Condition B
TMK: (3) 2-2-022:005
Planning Dept.
•
Exhibit
County of Hawaii
Planning Department
101 Pauahi Street Suite 3
Hilo, HI 96720
June 28,2013
Request for Change of Zone Ordinance No.02 49 (REZ 981)
Applicant:Sandra Kaneshiro (Formally Dr. Curtis Lee)
Request: RS-10 to CG-20
Subject: 5 year time extension to comply with Condition B
TMK: (3) 2-2-022:005
To whom it may concern:
The owners of the subject property are requesting a five year time extension to comply with Condition B
(secure Final Plan Approval)of Change of Ordinance No. 02 49 (REZ 981).
Condition"B",as per Ordinance No.02 49, Bill No. 178:
Section 2. B.
"Final Plan Approval for the proposed development shall be secured from the Planning
Director in accordance with Chapter 25-2-70 of the Zoning Code within two (2)years from the effective
date of this ordinance. Plans shall identify existing and proposed structures paved driveways access and
parking stalls associated with the proposed use. 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)."
We are requesting a time extension based on the following reasons:
The property was purchased by Sandra Kaneshiro in October 2005; her intent was to turn the existing
single wall home to commercial office space. Shortly after the purchase, she felt the pressures of the
economic downturn, and all plans for the property stopped. Her hardship ended when she found a
buyer for the property in June 2006. The property was sold under an agreement of sale. With just over
a year under the new owners, they too felt the pressures of the bad economy.The owners couldn't
make the payments and the property was taken back.
Since originally purchasing the property in October 2005,the property has become termite ridden and
will be too costly to repair. The original rezoning application stated that the applicant will renovate the
existing single wall house to turn into commercial office space, but in its current condition, it will not be
feasible to do this. The existing building will need to be demolished and a new building will have to be
built. We have every intention of finishing this building as we have already contracted engineers for the
plans and have prospective tenants to lease to. We are asking that a 5 year extension be given,to give
enough time for the building plans to go through the necessary steps for completion of this building. (A
timeline of these events are below)
1. "The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicant, its successors or assigns, and that are not
the result of their fault or negligence."
• Response:The subject property was purchased in October 2005 by Sandra
Kaneshiro from Dr. Curtis Lee. In April 2006 the property was sold to Liza
Yogi with an agreement of sale. Due to the downturn of the economy, Ms.
Yogi wasn't able to address or fulfill the conditions of the Ordinance. The
economic downturn also caused the cancellation agreement of sale on July
2011, putting the property back into Ms. Kaneshiro's name.
• However, Ms. Kaneshiro has drawn up plans(Attached as Exhibit B),for a
new commercial office building, and has letters of intent from 2 tenants. I
2. "Granting of the time extension would not be contrary to the General Plan or Zoning
Code."
• Response: The lot has already been rezoned as"Commercial".There has
not been any change to the General Plan or Zoning Code.
3. "Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone."
• Response: The intent remains to turn the property for commercial office
use.
Timeline of events in regards to TMK(3)2-2-022:005
1. Dr. Curtis Lee purchased the property. (September 24,2001)
2. Dr. Lee applied for a change of zone with the Effective Date:April 10, 2002
a. As part of his original change of zone application, his plan was to renovate the existing
building.
3. Dr. Lee received an administrative time extension for the change of zone till:April 10,2006
4. Dr.Curtis Lee sold property to Sandra Kaneshiro -October 14,2005
5. Administrative time extension passed—April 10, 2006
6. Sandra Kaneshiro sold property(agreement of sale)to Liza Yogi—June 2, 2006
7. The agreement of sale was canceled and property is back in Sandra Kaneshiro's name—July 5,
2012.
8. Preliminary plans was contracted out to be made ready to turn in for plan review—April 2013.
9. Letter of intent from perspective tenant was signed for the new building—May 2013.
10. Letter to Planning Commission for another time extension is sent in—June 28,2013.
Thank you for your consideration.
Sincerely,
/9"-aA44 -01—%-Z
Sandra Kaneshiro Tyler Kaneshiro
Applicant Agent for Sandra Y Kaneshiro
P.O. Box 4581 Hilo, HI 96720
(808) 938-7993 tyler @cschi.com
Enclosures: Ordinance No.02 49, Bill No. 178 (Exhibit"A"), Floor/Elevation Plans of the Proposed
Building(Exhibit"B"), Mailing list of all property owners within 300 feet of the property(Exhibit"C")
Exhibit A
' /4-:_--; „
COUNTY OF HAW °' G � H
��:. STATE OF HAWAII
,}
BILL NO. 178
` 02 49
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL
(RS-10)TO GENERAL COMMERCIAL(CG-20)AT WAIAKEA HOUSE LOTS SECOND
SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-22:005.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Waiakea House Lots
Second Series, Waiakea, South Hilo, Hawaii, shall be General Commercial(CG-20):
Beginning at a pipe at the East corner of this lot, the South corner of Lot 17,
Block 72, and on the North side of Street(60 feet wide), the coordinates of said point of
beginning referred to Government Survey Trig. Station "Halai"being 2412.80 feet South.
and 6477.21 feet East, as shown on Government Survey Registered Map No. 2705, and
running by true azimuths:
1. 58° 10' 86.0 feet along North side of Street(60 feet
wide);
2. 148° 10' 240.0 feet along Lot 15,Block 72;
3. 238° 10' 86.0 feet along Lot 7, Block 72;
4. 328° 10' 240.0 feet along Lot 17 to the point of beginning.
Area 20,640 Square Feet.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. inal Plan Approval for the proposed development shall be secured from the
Planning Director in accordance with Chapter 25-2-70 of the Zoning Code within
two (2)years from the effective date of this ordinance. Plans shall identify
existing and proposed structures,paved driveway access and parking stalls
associated with the proposed use. 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).
C. All driveway connections to Kamana Street shall conform to Chapter 22, Streets
and Sidewalks, of the Hawaii County Code.
D. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval. A copy of the approved
plan shall be submitted to the Planning Department prior to the issuance of Final
Plan Approval.
E. If required, a drainage study shall be prepared and any drainage improvements
shall be constructed meeting with the approval of the Department of Public Works
prior to the issuance of a certificate of occupancy.
F. Prior to the issuance of a certificate of occupancy for a new commercial structure,
the applicant shall construct full improvements to the entire frontage along
Kamana Street consisting of,but not limited to, pavement widening with concrete
-2-
IP
•
curb, gutter and sidewalk, drainage improvements, and any required relocation of
utilities,meeting with the approval of the Department of Public Works.
G. Should an improvement district or similar arrangement be initiated in the future
for curb, gutter, sidewalk, drainage, sewer and related improvements to Kamana
Street, the property owner(s) shall participate automatically in such an
arrangement.
H. The applicant shall comply with all applicable laws, rules,regulations and
requirements of affected agencies for approval of the proposed development.
Should the Hawaii County Council adopt a Unified Impact Fees Ordinance setting
forth criteria for imposition of exactions or the assessment of impact fees,
conditions included herein shall be credited towards the requirements of the
Unified Impact Fees Ordinance.
J. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
-3-
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
K. Should any of the conditions not be met or substantially complied with in a timely
fashion,the Director may initiate rezoning of the subject area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
• s
CO CIL MEMBER, COUNTY OF HAWAII
Hilo,Hawaii
Date of Introduction: March 20, 2002
Date of 1st Reading: March 20, 2002
Date of 2nd Reading: April 3, 2002
Effective Date: April 10, 2002
REFERENCE: Comm. 5 2 6
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SINGLE FAMILY RESIDENTIAL(RS-10) ,I_
TO GENERAL COMMERCIAL(CG-20) W -- (' E
AREA=20,640 Sq.Ft S
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0 200 400 600 800 Feet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)ARTICLE 8, CHAPTER 25
(ZONING CODE)OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL(RS-10)
TO GENERAL COMMERCIAL(CG-20)
AT WAIAKEA, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK:2-2-22:005 NOV.21, 2001
EXHIBIT"A" (Lee-1052)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
ROLL CALL VOTE
Introduced By: Bobby Jean Leithead—Todd AYES NOES ABS EX
Date Introduced: March 20, 2002 Arakaki X
First Reading: March 20, 2002 Chung X
Published: N/A Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
r '
1.7
Pisicchio X
Safarik X
Tyler X
Yagong X
9 •0 "4 0 0
Second Reading: April 3, 2002 ROLL CAUL VOTE;
To Mayor: April .5, 2002 AYES NOES ABS EX
Returned: April 11, 2002 Arakaki X
Effective: April 10, 2002 Chung X
Published: April 25, 2002 Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
c A NCIL CHAIRMAN
ji
DEPUTY I 0 --ION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
Dateijd; -
-
Bill No.: 178
a." C-526/PC-68
Approv- Disapproved this 10 day
Reference:
Ord No.: 02 '49
A1,11.1 , 20 �
MAYOR, COUNTY OF HAW "
Exhibit B -- page 1 of 3
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EXHIBIT"C" --- LIST OF ALL OWNERS OF PROPERTIES WITHIN 300 FEET OF TMK: (3)2-2-022:005
TMK OWNER NAME MAILING ADDRESS CITY STATE ZIPCODE
322022015 M&J LANIHULI LLC 47 LANIHULI ST HILO HI 96720
322022016 CLINICAL LABORATORIES HI 33 LANIHULI ST HILO HI 96720
322022027 ROY T UYEDA 1458 MONA LOOP HILO HI 96720
322022028 HAWAII ELECTRIC LIGHT CO INC 1200 KILAUEA AVE HILO HI 96720
322022040 SUPE FAMILY TRUST 62 KAMANA ST HILO HI 96720
322023012 NELSON S FUKUHARA TRUST 274 WAIANUENUE AVE HILO HI 96720
SUSAN FUKUHARA TRUST
322022013 HARMELING STEFAN CARL 232 PUNAHELE ST HILO HI 96720
322022014 SAIKI FAMILY TRUST 473 KAANINI ST HILO HI 96720
322022001 RACHEL LISA WAH YICK 20 KAMANA ST HILO HI 96720
STAFFORD CURT WAH YICK
322022002 LORNA PHILLIPS 24 KAMANA ST HILO HI 96720
ALFRED FREITAS PHILLIPS
322022003 STETSUMI KIMURA TR 34 KAMANA ST HILO HI 96720
322022004 JOHN H FOSTER SR 40 KAMANA ST HILO HI 96720
HENRY J FOSTER JR
ATTN: KARLA HIRAM-PAIVA
322022005 SANDRA Y KANESHIRO 48 KAMANA ST HILO HI 96720
322022006 KEITH TOSHIAKI SHIMIZU 58 KAMANA ST HILO HI 96720
LYNN KEIKO KOSHIYAMA
BRANDON TAKASHI SHIMIZU
322022007 MAUREEN S THIBADEAU TRS 937 KOMOMALA DR HILO HI 96720
322022008 JANICE M OSHIRO 738 KINOOLE ST HILO HI 96720
322022009 MAKEWEO HAWAII LLC 133 ALAHELENUI ST HILO HI 96720
322022010 GUY R RAPOZA P.O. BOX 30 PEPEEKEO HI 96783
322022011 91 LANIHULI ST PROF CENTER 91 LANIHULI ST HILO HI 96720
3220220110001 MILTON M FUJIUCHI 439 KEHAULANI ST HILO HI 96720
JUDITH M FUJIUCHI
3220220110002 BRUCE T MIYASHIRO 91 LANIHULI ST STE 1 HILO HI 96720
JUDY A MIYASHIRO
3220220110003 KATHY T SAGAWA 91 LANIHULI ST STE 2 HILO HI 96720
3220220110004 DENNIS M SAGAWA TR 488 NANIAKEA ST HILO HI 96720
SANDRA S E SAGAWA TR
322022041 MAKEWEO HAWAII LLC 133 ALAHELENUI ST HILO HI 96720
322022012 DON H NGUYEN TRST 2030 ELUWENE ST HONOLULU HI 96819
322023013 MASAYE KUWAHARA 1243 KINOOLE ST HILO HI 96720
CLAIRE A SHIGEOKA
LYNN L APILADO
322023014 CHESTER LOWREY 67 KAMANA ST HILO HI 96720
322023015 CHARLES RODILLAS 59 KAMANA ST HILO HI 96720
322023016 JOSEPH C BRATON 101 AUPUNI ST STE 243 HILO HI 96720
VIVIAN U BRATTON
322023017 SHIGEO TANOUYE TRUST 41 KAMANA ST HILO HI 96720
322023018 DARRYL BUCK WHEAT 1280 KILAUEA AVE HILO HI 96720
322023020 JONARD LLC P.O. BOX 1241 SAN MATEO CA 94401
ATTN:ARNOLD LEONG
322023021 1284 KILAUEA K& M, LLC 2480 AINAOLA DR HILO HI 96720
322023023 JAMES E FARIAS 25 KAMANA ST HILO HI 96720
ROSE MARIE RESURECION TTEE
322023025 PRISCILLA MICHIE GARSON 1414 WAIANUENUE AVE HILO HI 96720
322023027 GARY T TANOUYE 29B KAMANA ST HILO HI 96720
SUSAN T TANOUYE
ZONING §25-5-108
(b) Plan approval shall be required for all new structures and additions to existing structures in the CN
district,except for construction of one single-family dwelling and any accessory buildings per lot.
(c) Exceptions to the regulations for the CN district regarding heights, building site areas, building site
average widths and yards,may be approved by the director within a planned unit development.
(1996,Ord.No. 96-160,sec.2;ratified April 6, 1999;Am.2005,Ord.No. 05-155,sec. 11.)
Division 11.CG,General Commercial Districts.
Section 25-5-110. Purpose and applicability.
(a) The CG (general commercial) district applies to an area suitable for commercial uses and services on a
broad basis to serve as the central shopping or principal downtown area for a city or a region.
(b) No CG district shall be established until there is a demonstrated need for such action and no two CG
districts shall be established in such relationship to each other that they cannot act as one center and yet
are too close together to serve two distinct regions.
(1996,Ord.No. 96-160,sec.2;ratified April 6, 1999.)
Section 25-5-111. Designation of CG districts.
Each CG (general commercial) district shall be designated by the symbol "CG" followed by a number
which indicates the minimum land area, in thousands of square feet,required for each building site.
(1996,Ord.No. 96-160,sec.2;ratified April 6, 1999.)
Section 25-5-112. Permitted uses.
(a) The following uses shall be permitted uses in the CG district:
(1) Adult day care homes.
(2) Amusement and recreation facilities,indoor.
(3) Art galleries,museums.
(4) Art studios.
(5) Automobile service stations.
(6) Automobile sales and rentals.
(7) Bars,nightclubs and cabarets.
(8) Bed and breakfast establishments,as permitted under section 25-4-7.
(9) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or dwelling unit.
(10) Broadcasting stations.
(11) Business services.
(12) Car washing, provided that if it is mechanized, sound attenuated structures or sound attenuated
walls shall be erected and maintained on the property lines.
(13) Catering establishments.
(14) Cemeteries and mausoleums,as permitted under chapter 6,article 1 of this Code.
(15) Churches,temples and synagogues.
(16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent.
(17) Commercial parking lots and garages.
(18) Community buildings,as permitted under section 25-4-11.
(19) Convenience stores.
(20) Crematoriums, funeral homes, funeral services,and mortuaries.
(21) Crop production.
(22) Day care centers.
25-71 SUPP. 14 (7-2012)
Planning Dept.
Exhibit„___
§ 25-5-112 HAWAII COUNTY CODE
(23) Display rooms for products sold elsewhere.
(24) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two
hundred fifty square feet of land area per rentable unit or dwelling unit.
(25) Dwellings, multiple-family,provided that the maximum density shall be one thousand two hundred
fifty square feet of land area per rentable unit or dwelling unit.
(26) Dwellings,single-family.
(27) Equipment sales and rental yards,and other yards where retail products are displayed in the open.
(28) Family child care homes.
(29) Farmers markets. When the vending activity in a farmers market involves more than just the sale of
local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for
more than two days a week,the director,at the time of plan approval,shall restrict the hours of use,
maintenance and operations and may require improvements as determined appropriate to ensure its
compatibility with the existing character of the surrounding area.
(30) Financial institutions.
(31) Group living facilities.
(32) Home occupations,as permitted under section 25-4-13.
(33) Hospitals,sanitariums,old age,convalescent,nursing and rest homes and other similar uses.
(34) Hotels.
(35) Ice storage and dispensing facilities.
(36) Laboratories,medical and research.
(37) Laundries.
(38) Light manufacturing, processing and packaging, where the only retail sales outlet for products
produced is on the premises where produced.
(39) Medical clinics.
(40) Meeting facilities.
(41) Model homes,as permitted under section 25-4-8.
(42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood
recreational areas and uses.
(43) Offices.
(44) Personal services.
(45) Photography studios.
(46) Public uses and structures,as permitted under section 25-4-11.
(47) Printing shops,cartographing and duplicating processes such as blueprinting or photostating shops.
(48) Repair establishments,minor.
(49) Restaurants.
(50) Retail establishments.
(51) Schools.
(52) Telecommunication antennas,as permitted under section 25-4-12.
(53) Theaters.
(54) Time share units.
(55) Utility substations,as permitted under section 25-4-11.
(56) Veterinary establishments.
(b) In addition to those uses permitted under subsection(a)above,the following uses may be permitted in the
CG district,provided that a use permit is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges,golf maintenance buildings
and golf club houses.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
SUPP. 14 (7-2012) 25-72
ZONING §25-5-112
(c) Residential uses in connection with the operation of any permitted use shall be permitted in the CG
district.
(d) Buildings and uses normally considered accessory to the uses permitted in this section shall also be
permitted in the CG district.
(1996,Ord.No.96-160,sec.2;ratified April 6, 1999;Am.2012,Ord.No. 12-28,sec. 13.)
Section 25-5-113. Height limit.
(a) The height limit in the CG district shall be forty-five feet, except in those areas designated in subsection
(b)below.
(b) The height limit in the City of Hilo shall be one hundred twenty feet.
(1996,Ord.No. 96-160,sec.2;ratified April 6, 1999;Am. 2002,Ord.No.02-88,sec.2.)
Section 25-5-114. Minimum building site area.
The minimum building site area in the CG district shall be seven thousand five hundred square feet.
(1996,Ord.No.96-160,sec.2;ratified April 6, 1999.)
Section 25-5-115. Minimum building site average width.
Each building site in the CG district shall have a minimum building site average width of sixty feet.
(1996,Ord.No.96-160,sec.2;ratified April 6, 1999.)
Section 25-5-116. Minimum yards.
The minimum yards in the CG district shall be as follows:
(1) Front or rear yards,fifteen feet;and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district.
Where the side yard adjoins the side yard of a building site in an RS,RD,RM or RCX district,there
shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining
district.
(1996,Ord.No.96-160,sec.2;ratified April 6, 1999.)
Section 25-5-117. Landscaping of yards.
(a) All front yards in the CG district shall be landscaped, except for necessary access drives and walkways,
and except for the construction of one single-family dwelling and accessory buildings per lot.
(b) Where any required side or rear yard in the CG district adjoins a building site in an RS,RD,RM or RCX
district,the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in
height, within five feet of the property line,except for necessary drives and walkways,and except for the
construction of one single-family dwelling and accessory buildings per lot.
(1996,Ord.No.96-160,sec.2;ratified April 6, 1999;Am.2005,Ord.No. 05-155,sec. 12.)
Section 25-5-118. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing structures in the CG
district,except for construction of one single-family dwelling and any accessory buildings per lot.
(b) Exceptions to the regulations for the CG district regarding heights, building site areas, building site
average widths and yards,may be approved by the director within a planned unit development.
(1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999;Am. 2005,Ord.No. 05-155,sec. 13.)
25-73 SUPP. 14 (7-2012)
PI P WI
•
DEPARTMENT OF PUBLIC WORKS
2013 SEP Ate jQ COUNTY OF HAWAII
HILO, HAWAII
DATE: September 3, 2013
uft
TO: Duane Kanuha, Planning Director
FROM: d Dttment of Public Works - Engineering Division
g g
SUBJECT: CHANGE OF ZONE (REZ 981, DOCKET NO. 01-000019)
Applicant: Sandra Kaneshiro
Request: Five-Year Time Extension to Comply with Condition B
Tax Map Key: 2-2-022: 005
We have reviewed the subject request forwarded by your memo dated August 15, 2013
and have no objections.
Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327.
SCAN -)-r
SFP 5 - 2013
Pidnning Dept.
Exhibit,
County of Hawaii is an Equal Opportunity Provider and Employer
♦i o*NATO y-:
19 49?
% DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
°f_HAW %
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
September 5, 2013
0
TO: Mr. Duane Kanuha, Director
Planning Department - .„,m
FROM: Quirino Antonio, Jr., Manager-Chief Engineer r a
co
SUBJECT: CHANGE OF ZONE (REZ 981, DOCKET NO. 01-000019)
APPLICANT—SANDRA KANESHIRO
TAX MAP KEY 2-2-022:005
We have reviewed the subject request and have the following comments.
The 6-inch pipeline fronting the subject parcel cannot provide the 2,000-gpm fire flow rate required for
commercial zoning per Water System Standards. We refer the applicant to our letter to the Planning
Department of December 28, 2001,which is still applicable(see enclosure). We reiterate that the
applicant should consult with the Fire Department for any fire protection requirements.
Should there be any questions,please contact Mr. Lawrence Beck of our Water Resources and
Planning Branch at 961-8070, extension 260.
Sincerely yours,
r
Qui • • tonio, Jr., P.E.
M. . • Chief Engineer
LB:dfg
Enc.
copy—Tyler Kaneshiro (w/copy of a December 28,2001, letter to Planning)
Planning Dept,
Exhibit. q ' ) 9 - 2013
By; Si395
. . .Water, Our 9v[ost Precious Resource . . * 7(a Wai 9L pane . . .
The Department of Water Supply is an Equal Opportunity provider and employer.
?'�pF WA7Eg9
4
o
* *
1E 49
* = DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
G�ryoRNAWp1`, 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808).961-8050 • FAX (808) 961-8657
December 28,2001
N
TO: Mr.Christopher J.Yuen,Planning Director
Planning Department r ;
a., m
FROM: Milton D.Pavao,Manager
SUBJECT: CHANGE OF ZONE APPLICATION(REZ 01-019) 1'2,1 ;
REQUEST: RS-10 TO CG-20 - .._. ♦
APPLICANT: DR.CURTIS LEE
TAX MAP KEY: 2-2-022:005
We have reviewed the subject request and our comments and requirements follow.
The subject parcel has water service from the Department through a 5/8-inch meter. Based on the prevailing
water situation in the area, additional water can be made available from an existing 6-inch waterline along
Kamana Street,which fronts the property,with a connection size subject to review and approval during the
construction design phase of the proposed development.
The applicant should consult with the Fire Department for any fire protection requirements.
Lastly, should the change of zone request be granted,then the applicant must furnish proof that there is a
departmentally approved backflow preventer(reduced pressure type)on the subject property just after the meter.
If they do not have a backflow preventer,then they must have one installed by a licensed contractor. The
installation and assembly of the backflow preventer must be inspected and approved by the Department. This
shall be done before the existing building is put to the proposed use. The backflow preventer shall be operated
and maintained by the customer. A copy of our backflow preventer handout is being forwarded to the applicant
to help them understand this requirement.
If you or the applicant have any questions,please contact our Water Resources and Planning Branch at 961-8070,
extension 1.
Sincerely yours,
711
ilton D.Pavao,P.E.
Manager
BCM:jkh
copy—(w/enc.)Dr. Curtis Lee S
Mr. Sidney Fuke
Mr. Michael Watanabe,Water Quality Assurance and Control Branch
•.. UVateP brin93 pro ypeii...
•OaNt;r`7........
PLP PI4 3 DEP `F.NT '
William P.Kenos C ;! ' *:�� '� /� BJ Leithead Todd
Mayor "T' Director
Walter K.M.Li f l3 SEP -5 A 1 10: 25 'o:N►''''
Managing Director
County of Hawai'i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo,Hawaii 96720
(808)961-8083 Fax(808)961-8086
http://hawaiicountv.gov/environmental-management)
MEMORANDUM
Date : August 29,2013
To : DUANE KANUHA,Planning Director
From: BJ LEITHEAD TODD,Director P...1
Subject: Change of Zone(REZ 981,Docket NO.01-000019)
Applicant: Sandra Kaneshiro
Request: Five-Year Time Extension to Comply with Condition B(Secure Final Plan
Approval-Complete Construction)of Change of Zone Ordinance No. 02-49
TMK: 2-2-022:005
The Wastewater Division has reviewed the subject application and offers the following recommendations
(please note Solid Waste Division comments will be submitted separately):
DEPARTMENT COMMENTS:
WASTEWATER COMMENTS: (Contact Wastewater Division for details.)
( ) No comments
(X) Require connection of existing and/or proposed structures to the public sewer in accordance with
Section 21-5 of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the
Hawai'i County Code. Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23-85 of the Hawaii County Code.
( ) Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in +'
accordance with the then applicable wastewater system design standards prior to approval to m
connect to the County sewer system. Applicant shall provide such sewer line or other facility Q
improvements as the Director of DEM may reasonably require,which the sewer study may indicate
are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief c
for details. "� •"
C 1!
(X) Other: As demolition of the existing structure within TMK 2-2-022:005 will be necessary to C
facilitate construction of a new building for commercial office use as proposed, disconnection of !C
the existing sewer lateral at the property line is required prior to demolition as current records Q' ,a ,
appear to indicate that the property is connected to County sewer.
`?
County of Hawai`i is an Equal Opportunity Provider and Employer.
r1A eV DEFirs11ENt NY
\ \
William P.Kenoi _ ;f.�i1 -.,'/, '+" BJ Leithead Todd
Mayor 2013 SEP ^5 AM 10: 25 .�.Y. Director
Walter K.M.Lau '' •M�+�*
Managing Director
Guilt of Attitiat`t
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo,Hawaii i 96720
(808)961-8083 -Fax(808)961-8086
http://www.hawaiicountv,gov/environmental-management/
MEMORANDUM
Date : August 26,2013
To : DUANE KANUHA,Planning Director
From: BJ LEt'1'HFAD TODD,Director A's"/
Subject: Change of Zone(REZ 981,Docket NO.01-000019
Applicant: Sandra Kaneshiro
Request:Five-Year Time Extension to Comply witn Cndition B(Secure Final Plan Approval-
Complete Construction)of Change of Zone Ordinance No. 02-49
TMK:2-2-022:055
The Solid Waste Division has reviewed the subject application and offers the following recommendations
(Please note Wastewater Division's comments will submitted separately):
DEPARTMENT COMMENTS:
( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate
plans for sewering of the area.
( ) Other
SSOOJl)WASTE COMMENTS: (Contact Solid Waste Division for details.)
No comments
( ) Commercial operations, State and Federal agencies,religious entities and non-profit
organizations may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( ) Ample and equal room should be provided for rubbish and recycling.
( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations,or other suitable diversion programs.
( ) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on
current status.
( ) Other:
County of Hawaii is an Equal Opportunity Provider and Employer. 0 6 3 9
w
J�ZY Os*-4;;'X411:4‘44 �'l Mitt
William P.Kenoi ' -,I.,iENI Harry S.Kubojiri
i{
Mayor „1., ' r Police •Chief
'' +',Ii ,. :.�;. ;s1
-�tsr_
1013 SEP -5 Alil 10:*-..
°i".- ()Paul K.Ferreira
Deputy Police Chief
County of Hawai'i
POLICE DEPARTMENT
349 Kapi`olani Street • Hilo,Hawaii 96720-3998
(808)935-3311 • Fax(808)961-2389
August 30, 2013
TO : DUANE NUHA kNING DIRECTOR
FROM : H N Y . TAVAR S, -., ASSISTANT POLICE CHIEF
ARE I( PERATION'.
SUBJECT: CHANGE OF ZONE (REZ 981, DOCKET NO. 01-000019)
APPLICANT: SANDRA KANESHIRO
REQUEST: FIVE-YEAR TIME EXTENSION TO COMPLY WITH
CONDITION B (SECURE FINAL PLAN APPROVAL-COMPLETE
CONSTRUCTION) OF CHANGE OF ZONE ORDINANCE NO. 02-49
TAX MAP KEY: 2-2-022:005
Staff, upon reviewing the provided documents, does not anticipate any significant
impact to traffic and/or public safety concerns.
Thank you for allowing us the opportunity to comment.
If there are any questions, please contact Captain Richard Sherlock, Commander of the
South Hilo District, at (808) 961-2214.
RS:Ili
130573
Planning 9ept. SCANNED
Exhibit, , SEP 6 -- 2013
By: 08'736 1
"Hawaii County is an Equal Opportunity Provider and Employer"
4;"T har;11,
William P. Kenoi %' 2 Darren J. Rosario
4/11161;:i!:(7, n 3A°= Bt giT ' i61 Fire Chief
C''i I , Renwick J.Victorino
�P -
111' q}�O1"" - Deputy Fire Chief
2013 SEA -5 PI 7. �� Couut p of ath�ci`i
HAWAI'I FIRE DEPARTMENT
25 Aupuni Street • Room 2501• Hilo,Hawai`i 96720
(808)932-2900 • Fax(808)932-2928
August 26, 2013
TO : DUANE KANUHA, PLANNING DIRECTOR
FROM : DARREN J. ROSARIO, FIRE CHIEF
SUBJECT: CHANGE OF ZONE (REZ 981, DOCKET NO. 01-000019)
APPLICANT: SANDRA KANESHIRO
REQUEST: FIVE-YEAR TIME EXTENTION TO COMPLY WITH
CONDITION B (SECURE FINAL PLAN APPROVAL-COMPLETE
CONSTRUCTION) OF CHANGE OF ZONE ORDINANCE NO. 02-49
TAX MAP KEY: 2-2-022:005
We have no objections at this time in reference to the above-mentioned Change of Zone
request for time extension.
mod, .
DARREN J. ROSARIO
Fire Chief
RP:lpc
Planning Dept.
Exhibit
�
SCANNED �;hp4,//
SEP 0 5 2013
�V 9gE`o�`irfir
Hamel County is an Equal Opportunity Provider and Employer. .
t7 PAM' i,! �r ' #; ldT
NEIL ABERCROMBIE e ' y! J rW ILLIAt
ALS,JR
QVtNU Oi1MWAU (MAMMON
1 I"Nal)I*I AND AMHAl1AUU NMI KU
` 2013 SEP ty "" 15"o y,MAUAIIIMIX/
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dund a1W ''',-..---,--"r
f .°. .: ,
STATE OF HAWAII
�` _ DEPARTMENT OF LAND AND NATURAL RESOURCES
µ- LAND DIVISION
.= _
""� POST OFFICE BOX 621
StateorHaIill' HONOLULU,HAWAII 96809
September 11,2013
County of Hawaii
Planning Department
Attention: Mr.Jeff Darrow via email: jdarrow@co.hawaii.hi.us
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Darrow:
SUBJECT: Change of Zone Application (REZ 981, Docket No. 01-000019), Request
5-Year Time Extension to Comply with Condition B (Secure Final Plan
Approval-Complete Construction) of Change of Zone Ordinance No. 02-
49,Sandra Kaneshiro,Applicant,TMK: (3)2-2-022:005
Thank you for the opportunity to review and comment on the subject matter. The
Department of Land and Natural Resources' (DLNR) Land Division distributed or made
available a copy of your report pertaining to the subject matter to DLNR Divisions for their
review and comments.
At this time, enclosed are comments from the(i) Engineering Division, and (ii) Hawaii
District Land Office on the subject matter. Should you have any questions, please feel free to
call Kevin Moore at 587-0426. Thank you.
Sincerely,
ussell Y.Tsuji
Land Administrator
Enclosure(s)
Planning Dept. SCAN SCANNED
Exhibit, Byrd 139 2
4
PLANNING DEPART' SENT
•
e �17'1%, Cni fi F`
NEIL ABERCROMBIE P 7, ��13piuG23 ()' 14' E,'I IKiiLLtiMAAILA,M
OVVL'RNOR OP HAWAII `"'+� r 1 �7V�a CHADIPLIIMI
, • 2013 sEp 2 "FAIR 'N /"u >n
ug
'Id and
STATE OF HAWAII
®�` DEPARTMENT OF LAND AND NATURAL RESOURCES
`- LAND DIVISION
POST OFFICE BOX 621
AueotHrA HONOLULU,HAWAII 96809
August 22,2013
MEMORANDUM c
r
rt CO —'fT'
T.f1:' iG DLNR Agencies: <
Div.of Aquatic Resources
Div.of Boating&Ocean Recreation
X Engineering Division CD
Div.of Forestry&Wildlife CD
Div.of State Parks
_Commission on Water Resource Management
Office of Conservation&Coastal Lands
X Land Division- Hawaii District
X Historic Preservation
4*-
FlJ}M Russell Y.Tsuji,Land Administrator
SUBJECT: Change of Zone Application(REZ 981,Docket No. 01-000019),Request 5-
Year Time Extension to Comply with Condition B(Secure Final Plan
Approval-Complete Construction)of Change of Zone Ordinance No.02-49
LOCATION: TMK: (3)2-2-022:005
APPLICANT: Sandra Kaneshiro
Transmitted for your review and comment is information of the above-referenced
application. A complete copy of the application is also available for review in the Land Division
office in Honolulu. We would appreciate your comments on this document. Please submit any
comments by September 10,2013. If no response is received by this date,we will assume your
agency has no comments.
If you have any questions about this request,please contact Kevin Moore at 587-0426.
Thank you.
Attachments
( ) We have no objections.
( We have no comments.
( ) Co I nts are attached.
Signed:
Print 'iq,thdd Eat
Date: �i, 2 it/5
cc: Central Files
0 8'7 492
PLANNING DEPARTMENT
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION 2013 SEP 12 API 10: 04
LD/Russell Y.Tsuji
REF:Change of Zone Application(REZ 981,Docket no.01000019),Request 5-Year Time Extension to Comply
with Condition B(Secure Final Plan Approval- Complete Construction)of Change of Zone Ordinance
No.02-49
Hawaii.006
COMMENTS
() We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is located in
Flood Zone
(X) Please take note that the project site,according to the Flood Insurance Rate Map(FIRM),is
located in Flood Zone X. The National Flood Insurance Program does not have any
regulations for developments within Zone X.
() Please note that the correct Flood Zone Designation for the project site according to the Flood
Insurance Rate Map(FIRM)is .
() Please note that the project site must comply with the rules and regulations of the National Flood
Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR),
whenever development within a Special Flood Hazard Area is undertaken. If there are any
questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of
Land and Natural Resources,Engineering Division at(808)587-0267.
Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your
Community's local flood ordinance may prove to be more restrictive and thus take precedence
over the minimum NFIP standards. If there are questions regarding the local flood ordinances,
please contact the applicable County NFIP Coordinators below:
() Mr.Mario Sin Li at(808)768-8098 or Ms.Ardis Shaw-Kim at(808)768-8296 of the
City and County of Honolulu,Department of Planning and Permitting.
() Mr.Frank DeMarco at(808)961-8042 of the County of Hawaii,Department of Public
Works.
() Mr.Carolyn Cortez at(808)270-7813 of the County of Maui,Department of Planning.
() Mr.Stanford Iwamoto at(808)241-4884 of the County of Kauai,Department of Public
Works.
() The applicant should include project water demands and infrastructure required to meet water
demands. Please note that the implementation of any State-sponsored projects requiring water
service from the Honolulu Board of Water Supply system must first obtain water allocation credits
from the Engineering Division before it can receive a building permit and/or water meter.
() The applicant should provide to the Engineering Division upon its availability the water demands
and calculations for the selected site,so it can be included in the State Water Projects Plan Update.
() Additional Comments:
() Other:
Should you have any questions,please call Mr.D • Imada of be Planning Branch at 587-0257,
Signed: ..j '
CAR ' .C ,CHIEF ENGINEER
Date: et/2.,
087492
•
PLANNING DEPARTMENT
NEIL AULkCROMR*E e' ♦ WILLIAM 1.MLA,'J f f
UOVEHNOt 01.HAWAII
auvnemw
uF w+o ADD runwM.ld;wxtcra
N,CWnd and °,.
:400-1�*P STATE OF HAWAII 7013 AUG 2b - o
i - DEPARTMENT OF LAND AND NATURAL RESOURCES
V3� LAND DIVISION
• POST OFFICE BOX 621 L r fl I V i I
4�aeofNMlie HONOLULU.HAWAII 96809 I
I
August 22,2013
MEMORANDUM
TO: DLNR Agencies:
Div.of Aquatic Resources
Div.of Boating&Ocean Recreation ='
X Engineering Division 'M+., CI)
Div.of Forestry&Wildlife ) `,. ' r: o
Div.of State Parks -� , a r r
_Commission on Water Resource Management <�
Office of Conservation&Coastal Lands c
XLand Division-Hawaii District
X Historic Preservation c 't
FROM: 72Russell Y.Tsuji,Land Administrator
SUBJECT: Change of Zone Application(REZ 981,Docket No.01-000019),Request 5-
Year Time Extension to Comply with Condition B (Secure Final Plan
Approval-Complete Construction)of Change of Zone Ordinance No.02-49
LOCATION: TMK: (3)2-2-022:005
APPLICANT: Sandra Kaneshiro
Transmitted for your review and comment is information of the above-referenced
application. A complete copy of the application is also available for review in the Land Division
office in Honolulu. We would appreciate your comments on this document Please submit any
comments by September 10,2013. If no response is received by this date,we will assume your
agency has no comments.
If you have any questions about this request,please contact Kevin Moore at 587-0426.
Thank you.
Attachments
( We have no objections.
(0 We have no comments.
( ) Comments are attached.
Signair
Print name: 0;290it)C. S/7—
Date: J/' y•
cc: Central Files
087452
PLANPeNG DEPA }TINE, WILLIAM J.AILA,JR.
r? 1.tt 4`_a. r I` ,,4.•-'Q F /�-- CHAIRPERSON
NEIL,ABERCROMBIE t! st •( ,k, BOARD OF LAND AND NATURAL RESOURCES
GOVERNOR OF HAWAII if'.!-key( ." \959 '•-1,; COMMISSION ON WATER RESOURCE MANAGEMENT
,Of `4.t eI=; %,
i •- ESTHER KIA•AINA
ry� I .- �,y { ` FIRST DEPUTY
.I1d4 SEA 1 6 FIfl , 11;I �,' =Q'2 WILLIAM M.TAM
t !� t•'11:,...- /1 DEPUTY DIRECTOR-WATER
Q�w 0,�, AQUATIC RESOURCES
V BOATING AND OCEAN RECREATION
�'•/ � m -�'®.gip +B BUREAU OF CONVEYANCES
I`., `6 COMMISSION ON WATER RESOURCE MANAGEMENT
1""`-- CONSERVATION AND COASTAL LANDS
HISTORIC PRESERVATION DIVISION CONSERVATION ENFORCEMENT
A II ENGINEERING ES
EENRPSOUR
DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY RES RVATION
HISTORIC PRESERVATION
KAIIOOLA WE ISLAND RESERVE COMMISSION
LAND
601 Kamokila Boulevard,Suite 555 STATE PARKS
Kapolei,HI 96806
September 9,2013
Duane Kanuha LOG NO:2013.4917
County of Hawaii DOC NO: 1309SN06
Planning Department Archaeology
101 Pauahi Street
Hilo,HI 96720
Dear Mr.Kanuha:
SUBJECT: Chapter 6E-42 Historic Preservation Review—
Request for 5 Year Time Extension to Comply With Condition B of CZO No.02-49
Waiikea Ahupua`a,South Hilo District,Island of Hawaii
TMK: (3)2-2-022:005
Thank you for the opportunity to review the 5 year time extension request to comply with condition B(Secure Final
Plan Approval-Complete Construction) of a change of zone application that was received by our office on August
20, 2013. According to the application, the proposed zone change for the 0.4738-acre parcel has already been
approved, however, final plans for the proposed development on the parcel needs to be completed and due to
financial hardship,additional time is needed by the owner to secure final plans and approvals.This request indicated
that a time extension is needed in order to complete conditions B(final plan approval).
SHPD has no concerns regarding this request for a time extension. However,SHPD requests more information be
submitted regarding the age of the building prior to demolition and that the Architecture Branch-SHPD have an
opportunity to comment on the building's potential as a historic property. Please contact Sean Naleimaile at(808)
933-7651 or Sean.P.Naleimaile(a,hawaii.gov for any questions or concerns regarding this letter.
Aloha,
4 - - ---
/
Theresa K.Donham
Archaeology Branch Chief
cc: Angie Westfall, SHPD Architecture Branch Chief
SCANNED j
n De t. liPol v fv 5
Planni g P BYs
bihibit
RKaneshiro-REZ981.j wd-10-22-13
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
SANDRA KANESHIRO (FORMERLY DR. CURTIS LEE)
CHANGE OF ZONE ORDINANCE NO. 02-49 (REZ 981)
AMENDMENT TO CONDITION B (TIME TO SECURE FINAL PLAN APPROVAL)
Upon review of the request,the Planning Director recommends that a favorable
recommendation of the request to amend Condition B of Change of Zone Ordinance
No.02-49 be forwarded to the County Council. Since this recommendation is made without the
benefit of public testimony, the Director reserves the right to modify and/or alter this position
based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
Change of Zone Ordinance No. 02-49 was approved by the County Council to
change the district classification from Single Family Residential (RS-10)to General
Commercial (CG-20) for TMK: 2-2-022: 005. The effective date of the ordinance is
April 10, 2002.
The former applicant(Dr. Curtis Lee) through the approval of the change of zone
to a CG-20 zoning district in 2002,proposed to convert the existing single-family
dwelling into his medical office no later than April 10, 2006 as prescribed by Condition B
of Ordinance No. 02-49. To date,the proposed medical office has not been constructed.
The current applicant(Sandra Kaneshiro)is proposing to demolish and/or remove the
existing dwelling because of termite damage and to develop a new commercial office
building. The current applicant has submitted a request for a 5-year time extension to
comply with Condition B of Change of Zone Ordinance No. 02-49 (REZ 981), which
states:
"Final Plan Approval for the proposed development shall be secured from the
Planning Director in accordance with Chapter 25-2-70 of the Zoning Code within
two (2) years from the effective date of this ordinance. Plans shall identify
existing and proposed structures,paved driveway access and parking stalls
associated with the proposed use. Landscaping shall also be indicated on the
-1- Attachment to: Comm. 606
Bill 184
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)."
The applicant purchased the property in October of 2005 with the intention to turn
the existing single wall home to commercial office space. Shortly after the purchase, she
felt the pressures of the economic downturn and all plans for the property stopped. She
found a buyer for the property in 2006 and was sold under an agreement of sale. Just
after one year from the purchase, the new owners also felt the pressures of the bad
economy. The new owners could not make the payments and the property was taken
back.
Since the purchase of the property in 2005, the existing dwelling has become
termite ridden and would be too costly to repair and renovate. As such, the current
applicant is proposing to demolish the existing dwelling and construct a new commercial
office building.
The amendment request is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and that
are not the result of their fault or negligence. The applicant has indicated that the
reason for non-performance is mainly due to the unforeseen economic downturn. These
unforeseen issues have caused delays that have prevented the applicant from finishing the
project by the deadline for compliance. With the improved economy, she has is in a
better financial position to complete the project. Plans have been drafted for the
proposed commercial building and the applicant has received letters of intent from 2
tenants.
Based on the reasons provided,it is determined that the applicant could not have
foreseen the economic downturn,which was beyond their control, and was not the result
of their fault or negligence.
Approval of this time extension request would not be contrary to the General
Plan, the Zoning Code, or the original reasons for the granting of the Change of
Zone. There have not been any significant changes to the General Plan for this area since
this request was originally approved that would affect this project. The request continues
-2-
to be consistent with the General Plan Land Use Pattern Allocation Guide(LUPAG)
Map,which designates this area as High Density Urban. This allows for general
commercial,multiple-family residential and related services (multiple-family residential -
up to 87 units per acre). Additionally,the use continues to be consistent with the Land
Use-Commercial and Economic elements of the General Plan.
The requested CG zoning would continue to be consistent with the transition of
this particular section of Hilo into a mixed use, multiple-family and commercial area.
The land uses in the immediate area are a mix of residential and commercial uses,with
multiple surrounding properties being similarly zoned CG-20.
The property is located within an area adequately served with essential services
and facilities such as water, sewer,transportation systems and other utilities. Although
water is available to the subject property through a 5/8-inch meter, additional water can
be made available from an existing 6-inch waterline along Kamana Street with a
connection size subject to review and approval by the Department of Water Supply
during the construction design phase of the proposed development. The Department of
Water Supply requires that a backflow preventer be installed. There is a fire hydrant
fronting the adjacent property to the east.
The project has no severe geological or topographical problem which cannot be
properly rectified or which would render the land unusable. The project site is classified
as Flood Zone X, areas determined to be outside the 500-year flood plain, on the Flood
Insurance Rate Map (FIRM)prepared by the Federal Emergency Management Agency
(FEMA).
Based on the above discussion, the granting of the amendment request continues
to be consistent with, and not contrary to,the General Plan, Zoning Code, and the
original reasons for granting the change of zone.
Based on the above findings, it is recommended that a favorable recommendation to
amend Change of Zone Ordinance 02-49 be forwarded to the County Council.
The accompanying draft bill reflecting an amendment to conditions of Ordinance
No. 02-49 is provided for your favorable consideration. (Material to be deleted is bracketed and
strike through and material to be added is underscored).
-3-
JMrtfor�+y.
' STATE OF HAWAI I
COUNTY OF HAWAII - •���""--��/1•; `
BILL NO.
ORDINANCE NO. (P avi i� Der.
AN ORDINANCE AMENDING ORDINANCE NO. 02 49 WHICH RECLASSIFIED LANDS
FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10)TO GENERAL
COMMERCIAL—20,000 SQUARE FEET (CG-20)AT WAIAKEA HOUSE LOTS SECOND
SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-022:005.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 02 49 is amended as follows:
"SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code)of the [Hawaii]
Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at [Wai-akea]Waiakea
House Lots Second Series, [ akea] Waiakea, South Hilo, [Hawaii] Hawai`i, shall be
General Commercial—20,000 square feet(CG-20):
Beginning at a pipe at the East corner of this lot,the South corner of Lot 17, Block
72, and on the North side of Street(60 feet wide),the coordinates of said point of
beginning referred to Government Survey Trig. Station "Halai"being 2412.80 feet South
and 6477.21 feet East, as shown on Government Survey Registered Map No. 2705, and
running by true azimuths:
1. 58° 10' 86.0 feet along North side of Street(60 feet
wide);
2. 148° 10' 240.0 feet along Lot 15, Block 72;
3. 238° 10' 86.0 feet along Lot 7, Block 72;
4. 328° 10' 240.0 feet along Lot 17 to the point of beginning.
Area 20,640 Square Feet.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. [This change in district classification is conditioned upon the following:] 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 maybe 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.
SEE ATTACHED CONDITIONS
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.
-2-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
N
SINGLE FAMILY RESIDENTIAL(RS-10) I
TO GENERAL COMMERCIAL(CG-20) W ;(. E
AREA=20,640 Sq.Ft S
c 20 �pG
Asia
\\\‘N" 01410
1,%‘ 2414.80S
••121 ._
cGao T�17I
cyan
RS 10 p
O�
R.s�o
Rt10
411110
0 200 400 600 800 Feet
AMENDMENT TO THE ZONING CODE .
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)ARTICLE 8, CHAPTER 25
(ZONING CODE)OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL(RS-10)
TO GENERAL COMMERCIAL(CG-20)
AT WAIAKEA SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK:2-2-22:005 NOV.21, 2001
EXHIBIT"A" (Lee-1052)
FOR REFERENCE ONLY
CKaneshiro-REZ981.j wd-10-22-13
SANDRA KANESHIRO (FORMERLY DR. CURTIS LEE)
CHANGE OF ZONE ORDINANCE NO. 02-49 (REZ 981)
CONDITIONS OF APPROVAL
[A. The applicant, its successors or assigns shall be responsible for complying with all
B. Final Plan Approval for the proposed development shall be secured from the
Planning Director in accordance with Chapter 25 2 70 of the Zoning Code within
two (2) years from the effective date of this ordinance. Plans shall identify
No. 17 (Landscaping Requirements).
C. All driveway connections to Kamana Street shall conform to Chapter 22, Streets
and Sidewalks, of the Hawaii County Code.
D. A Solid Waste Management Plan shall be submitted to the Department of
- - --
Plan Approval.
- .._ -
F. Prior to the issuance of a certificate of occupancy for a new commercial structure,
curb, gutter and sidewalk, drainage improvements, and any required relocation of
utilities, meeting with the approval of the Department of Public Works.
G. Should an improvement district or similar arrangement be initiated in the future
for curb, gutter, sidewalk, drainage, sewer and related improvements to Kamana
Street, the property owner(s) shall participate automatically in such an
arrangement,
H. The applicant shall comply with all applicable laws,rules,regulations and
Should the Hawaii County Council adopt a Unified Impact Fees Ordinance setting
- -.
J. An initial extension of time for the performance of conditions within the
-- I --
circumstances:
1. The non performance is the result of conditions that could not have been
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Codc.
reasons for the granting of the change of zone.
1. The time extension granted shall be for a period not to exceed the period
5. If the applicant should require an additional extension of time,the
P.
- .• - • .
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant shall install a reduced pressure type backflow prevention assembly
on private property within five(5) feet of any water meter(s) serving the proposed
-2-
development,which must be inspected and approved by the Department of Water
Supply before water service can be activated.
C. Construction of the proposed development shall be completed within five(5)
years from the effective date of this amended ordinance. Prior to construction,the
applicant(s), successor(s) or assign(s) 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 structure(s), paved driveway access and parking stalls
associated with the proposed development. Landscaping shall 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. All driveway connections to Kamana Street shall conform to Chapter 22, Streets
and Sidewalks,of the Hawaii County Code.
E. Prior to the issuance of a certificate of occupancy for a new commercial structure.,
the applicant shall construct full improvements to the entire frontage along
Kamana Street consisting of,but not limited to,pavement widening with concrete
curb, gutter and sidewalk, drainage improvements, and any required relocation of
utilities,meeting with the approval of the Department of Public Works.
F. A drainage study of the project site, if required, shall be prepared for review and
approval by the Department of Public Works,prior to the submittal of plans for
Final Plan Approval. Drainage improvements,if required, shall be constructed in
a manner meeting with the approval of the Department of Public Works prior to
the issuance of certificate of occupancy.
a The applicant shall connect to the existing County'sewer lateral meeting with the
approval of the Department of Environmental Management prior to the issuance
of a certificate of occupancy.
H. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control, of the Hawai`i County Code.
-3-
If the applicant, successors, or assigns develop residential units on the subject
property,the applicant, successors or assigns shall make its fair share contribution
to mitigate the potential regional impacts of the development 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 maximum combined value of$8,394.57 per multiple
family residential unit($13,081.99 per single family residential unit). The total
amount shall be determined by the actual number of units according to the
calculation and payment provisions set forth in this condition. The fair share
contribution per multiple family residential unit(single family residential units)
shall be allocated as follows:
• $4,140.80 per multiple family residential unit($6,308.37 per single family
residential unit)to the County to support park and recreational
improvements and facilities:
• $130.87 per multiple family residential unit($304.32 per single family
residential unit)to the County to support police facilities;
• $402.57 per multiple family residential unit($601.06 per single family
residential unit)to the County to support fire facilities:
• $179.43 per multiple family residential unit($263.15 per single family
residential unit)to the County to support solid waste facilities: and
• $3,540.90 per multiple family residential unit($5,605.09 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant, successors or assigns
may contribute land and/or construct improvements/facilities related to parks and
-4-
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.
J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
K. 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,Hawai`i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the County Housing Agency prior to final plan
approval.
L. Should any remains of historic sites, such as rock walls, terraces,platforms,
marine shell concentrations or human burials be encountered,work in the
immediate area shall cease and the Department of Land and Natural Resources—
State Historic Preservation Division(DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-SHPD when it finds that sufficient mitigation measures have been
taken.
M. The applicant shall comply with all applicable laws,rules,regulations and
requirements of affected agencies for approval of the proposed development.
N. If the applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for
appropriate action.
O. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.
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