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HomeMy WebLinkAboutCOM 0717.000 2012-2014 -0,5t1.45!!M �' +,; • Walter K.M.Lau -:, LLuat, • •`,,m Managing Director •William P.Kenoi Mayor -=== Randall M.Kurohara •";.••' ?"•'i`� " Deputy Managing Director County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 February 25, 2014 J Yoshimoto, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street , Hilo, HI 96720 w Dear Chairman Yoshimoto and Members: State Land Use Boundary Amendment(SLU 13-000039) Request: Agricultural to Urban Change of Zone Application(REZ 13-000171) Request: A-1 a to CV-20 Applicant: Jerry Souza Tax Map Key: 1-5-007:061 "Change of Zone(REZ 898, Docket No. 98-000006) Applicant: Waterfall Entertainment, Inc. Request: Time Extension to Conditions B (Water Commitment Payment)and C (Complete Construction)of Ordinance No. 06 144 Tax Map Key: 2-2-037:029 Change of Zone Application(REZ 13-000167) Applicant: Vincent T. C.Tai Request: RM-2.5 to RM-1.5 Tax Map Key: 2-4-028:009 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. Si t William P. Kenoi Comm. No. Mayor Ref.To: Ref. Date FEB 2 7 2014 Enclosures cc: Planning Department kei,it a4-5>. County of Hawaii is an Equal Opportunity Provider and Employer. • County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 FEB �r ' ' Phone(808)961-8288 • Fax(808)961-8742 TTGG i;e� ; 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 898, Docket No. 98-000006) Applicant: Waterfall Entertainment, Inc. Request: Time Extension to Conditions B (Water Commitment Payment) and C (Complete Construction) of Ordinance No. 06 144 Tax Map Key: 2-2-037:029 The Windward Planning Commission, at its duly held public hearing on February 6, 2014, recommended for your approval the proposed legislative bill for an extension of time to Condition B (water commitment payment) and Condition C (completion of construction) of Ordinance No. 06 144, which amended Ordinance No. 98 98, which rezoned 21,050 square feet of land from a Single-Family Residential— 10,000 square feet(RS-10) to an Industrial- Commercial Mixed—20,000 square feet(MCX-20) zoning district. The property is located along the west side of Kanoelehua Avenue, approximately 190 feet from the Kanoelehua Avenue—Lanikaula Street intersection, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests an extension of time to Conditions B (water commitment payment) and C (completion of construction) of Change of Zone Ordinance No. 06 144 to proceed with the development of the property. The change of zone from RS-20 to MCX- 20 was initially approved under Ordinance No. 98 98 to allow the construction of a 7,968- square foot building and paved parking stalls. The original applicant proposed to lease the building for a convenience store, restaurant, and/or retail outlets. Subsequently, in 2006, extensions of time were granted to Conditions B and C under amended Ordinance No. 06 144. Hawai`i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 The inability of the applicant to comply with Conditions B and C could not have been foreseen or are beyond the control of the applicant. In 2009, the previous applicant (Seawind Holdings, Inc.) had submitted plans for the development of the property; however, the request is still pending with this department. The current applicant has filed this amendment request for the development of the property. Since the granting of the original change of zone in 1998, there have been no changes to land use designations for the site. The GP LUPAG designates the area for industrial uses, and the existing MCX zoning for the property is consistent with the LUPAG designation for the area. All essential utilities and services are available to the site. Agencies had no comments or concerns regarding the request. Based on the above, the proposed amendment to Conditions B and C of Ordinance No. 06 144 is not contrary to the original reasons for the granting of the Change of Zone. The Planning Director recommends that Condition D be deleted primarily as a housekeeping measure, as landscaping requirements are required in Condition C and defined by Planning Department Rule No. 17. As proposed to be developed, the project will not trigger concurrency requirements. However, should another permitted use in the MCX zoned district be established, potential traffic impacts may need to be mitigated. Therefore, a new Condition H is proposed to require the applicant to submit a TIAR should the property be developed with a use that may generate over 50 peak hour trips a day. For your favorable consideration, an amendment to Ordinance No. 06 144 is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Since ely, /f Wallace A. Ishibashi, Jr., Chairman Windward Planning Commission Lwaterfallentertaimentrez898wpc2 Enclosures cc: Mr. Sidney Fuke Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD DOT-Highways, Honolulu William Brilhante, Esq., Corporation Counsel • I l ° ++ ± : R5-10 +% III ' R5f10 +�+ h411.-20 r' -_ I- al SINGLE FAMILY RESIDENTIAL w w a (RS-1 O) TO INDUSTRIAL — w w o COMMERCIAL MIXED (MCX-20) 0 Ir• ce a 1- 1 1' R5-10 o AREA a 21„WO SOFT. "� b tu - I E ++ C u o + ++ + 11.1 •- h ML '-20 • ; u Maa -la R5-10 MG la `M(a4la �+ v' E3 E5-10 ++ CIF ML-20. _ + LEILANI Future 513' RWLine STREET R5^10 R5 ML-20 MG- I MG-I 110 1 w • 111C ML-20, Q p Il Q "\ O\M a I O \1 \ o R5-10 O a MI= ■ d� 10 1■ MG la e R5- ML- R5• 3,243.00 S z 10 20 10 • 11,062.50 E ttt R5.10 a "HALAP'® � MG-la G L A N I K A U L A future 60' R/W Line = STREET Future 80' R/W Line m -- ... _ ----1----�---- GN W t PAL- RS10 R5 10 �" IO J M;G-la MG-la ■0 W ■ . , 0 , ur of _ Z R5-10 GN-10 0 Q . R5-1O K A W I L I STREET o c 0 u ML 20 PAL-20 Zp 'O - Ma-la- , I 1 MG-la 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 INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII MK 2-2-37:29 FOR REFERENCE ONLY JULY 1 )99 f B W aterfal IREZAmen d.do c-12/24//13 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WATERFALL ENTERTAINMENT,INC. CHANGE OF ZONE ORDINANCE NO. 06144 (REZ 898) AMENDMENT TO CONDITIONS B AND C WATERFALL ENTERTAINMENT,INC. has submitted a request for time extensions to Condition B (water commitment payment)and Condition C (completion of construction) of Ordinance No. 06 144 which rezoned 21,050 square feet of land from a Single-Family Residential - 10,000 square feet(RS-10)to an Industrial - Commercial Mixed 20,000 - square feet(MCX-20)zoning district. The property is located along the west side of Kanoelehua Avenue, approximately 190 feet from the Kanoelehua Avenue - Lanikaula Street intersection, Waiakea, South Hilo, Hawai`i, TMK: 2-2-037:029. PROPOSED ACTION 1. Request/Reason for the Request: Amendment to Conditions B (water commitment payment)and C (completion of construction) of Ordinance No. 06 144. Condition B states(portion to be amended is underlined): • The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its"Water Commitment Guidelines Policy" within one hundred and eighty(180) days from the effective date of this second amendment. Condition C states (portion to be amended is underlined): • Construction of the proposed development and related improvements within the subject property shall be completed within five (5)years from the effective days of this second amendment. This time period shall include securing Final Plan Approval from the Planning Director for the development within the subject property. Plans shall identify structures, fire protection measures,paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include a landscaping buffer along the northern, western, and southern boundaries of the subject property. The applicant states the amendment is necessary to proceed with the development of the property under the current owners. (Planning Department Exhibit 1 -November 25, 2013 letter) Attachment to: Comm. 717 Bill 213 BACKGROUND 2. September 25, 1998: Effective date of Ordinance No. 98 98 for a change of zone from Single-Family Residential (RS-10)to Industrial-Commercial Mixed(MCX-20) for approximately 21,050 square feet of land to allow the construction of a 7,968-square foot building and paved parking stalls. The original applicant(Seawind Holding, Inc) proposed to lease the building for a convenience store, restaurant, and/or retail outlets. 3. November 28,2006: Effective date of Ordinance No. 06 144 for time extensions to Conditions B (water commitment)and C (complete construction). 4. October 22,2009: Plan Approval deferred for a sports bar and grill, submitted by the original applicant,pending submittal of a site drainage plan, real property tax clearance and solid waste management plan. 5. August 8,2009: Date of transfer of the lease from previous applicant Seawind Holding, Inc. to current applicant Waterfall Entertainment, Inc. AGENCY COMMENTS 6. Department of Water Supply: (P.D.Exhibit 2 -January 3,2014 letter) AGENCIES-NO COMMENTS OR CONCERNS 7. Department of Public Works, Police Department, Department of Environmental Management, Fire Department, Department of Health PUBLIC COMMENTS 8. None as of this writing. -2- SidneyFuke, Planning Consultant Pauahi Street,Suite 212•Hilo, Hawaii 96720 •Planning•Variance•Zoning 100 PaU •Subdivision•Land Use Permits Telephone:(808)969-1522•Cell:(808)989-0640 •Environmental Reports E-mail:sidfuke @hawaiiantel.net November 25, 2013 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Time Extension Request—Waterfall Entertainment, Inc. (Formerly Seawind Holding, Inc.) REZ 898, Ord.No.98-98 06 P/( Waiakea, South Hilo,13L,TMK: 2-2-037: 029 The subject area, consisting of 21,050 square feet, was rezoned into the Industrial- Commercial Mixed (MCX-20) district (Ord. No. 98-98) on September 25, 1998 to allow the development of a 7,968 square foot building to accommodate a convenience store, restaurant, and/or other retail outlets. Subsequently, there was an amendment to that ordinance to allow more time to secure the water commitment and complete construction of the project. This amendment (Ord.No. 06 144)which became effective on November 28, 2006, required payment of the water commitment fee within 180 days (May 28, 2007) and completion of the project within 5 years(November 28, 2011)of the effective date of the amendment. (Exhibit A) To date, neither the water commitment fee has been paid nor the project completed, let alone started. Accordingly, the current landowner is requesting a time extension to pay the water commitment fee as well as to complete the project. I. GENERAL BACKGROUND The subject property is owned by the trusts of George Murata and Masuko Murata. It was leased for 67 years to Mr. Wayne Okutsu of Seawind Holding, Inc. The lease was subsequently assigned to Mr. Maurice Akamine of Waterfall Entertainment, Inc. ("Applicant") A copy of this lease assignment is found in Exhibit B. It should be noted that a Plan Approval application for a sports bar and grill was filed by the former lessee. However, in a letter, dated October 22, 2009, it was deferred by the Planning Director pending submittal of a site drainage plan, real property tax clearance, and a solid waste management plan. Nothing transpired subsequently. II. NATURE OF REQUEST The Applicant wishes to proceed with the development of this site in accordance Planning Dept. Exhibit Mr. Duane Kanuha, Director November 25, 2013 Page 2 with the current zoning and conditions. However, because the deadlines have expired, it cannot proceed. Accordingly, the Applicant is requesting a time extension, beginning the effective date of the rezoning amendment, of 180 days to pay the water commitment fee and 5 years to complete the project. III. PROJECT LOCATION The subject area, consisting of 21,050 square feet, is a vacant parcel located on the west side of Kanoelehua Avenue, near its intersection with Lanikaula Street in the City of Hilo. There is a 2-story retail/office complex adjacent and to the south of the subject property which includes establishments like Big Island Delights and Osaka Restaurant. There is also a dental clinic that abuts also the south side and rear of the subject site. Access is via Kanoelehua Avenue. (Exhibit C) IV.REZONING CONDITIONS As noted earlier,the subject area was initially rezoned into the MCX-20 district on September 25, 1998, subject to a number of conditions. A time extension rezoning amendment became effective on November 28, 2006, also subject to essentially the same conditions. This section will initially cover the status of the various conditions of the existing ordinance (Exhibit A) and re-state the specific requests. A. The applicant, its successors or assigns, shall be responsible for complying with all of the stated conditions of approval. . The property is owned by the trusts of George Murata and Masuko Murata. The applicant has a lease of the subject property, as identified in Exhibit B, and intents to assume the responsibility of complying with all pertinent conditions and any amendments thereto of this rezoning ordinance. B. The required water commitment payment shall be submitted to the Department of Water Supply...within one hundred and eighty (180) days from the effective date of this amendment. The applicant will comply with this requirement by making the required payment within 180 days of the effective date of the requested time extension. C. Construction of the proposed development and related improvements within the subject property shall be completed within five (5)years from the effective date of this amendment. This time period shall include securing Final Plan Approval from the Planning Director for the development within the subject property. Plans shall identify structures,fire protection measures,paved and Mr. Duane Kanuha, Director November 25, 2013 Page 3 striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include a landscaping buffer along the northern, western, and southern boundaries of the subject property. The applicant intends to comply with this requirement. Attached as Exhibit D is the applicant's tentative site plan. It reflects a 5,992 square foot, single- story structure with 37 parking stalls and one loading zone. This may have to be adjusted a bit to accommodate the landscaping buffer requirement noted in the above condition. D. An overall landscaping plan and maintenance plan, which includes landscaping along the side property boundaries of the subject property, shall be submitted to the Planning Director for review and approval prior to the issuance of Final Plan Approval. This will be done by the Applicant. E. Driveway access and sidewalk improvements along Kanoelehua Avenue shall meet with the approval of the Department of Transportation and the Department of Public Works, whichever is applicable. This will be done and implemented by the Applicant in conjunction with the building permit and occupancy permit process. F. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of plans for Plan Approval. This has not been done to date. Please note, however, that the approving agency should now be changed to the Department of Environmental Management. G. A drainage system, if applicable, shall be installed meeting with the approval of the Department of Public Works. Appropriate plans will be done in conjunction with both the Plan Approval and Building Permit approval processes. The required drainage system to accommodate project-generated water will be contained on-site probably through a system of drywell(s) and will be completed prior to issuance of an occupancy permit for the project.. Mr. Duane Kanuha, Director November 25, 2013 Page 4 H. Sewer line connections shall be installed meeting with the requirements of the Department of Public Works. This will be implemented in conjunction with the Building Permit approval process and completed prior to the issuance of a certificate of occupancy. I. Comply with all other applicable laws, rules, regulations and requirements of the affected government agencies for the proposed development. This will be complied with by the Applicant. J. Upon compliance with applicable conditions of approval,prior to the opening of the proposed development, the applicant shall submit a final status report, in writing, to the Planning Director. The Applicant will comply and adhere to this requirement. K. Should the Council adopt a Unified Impact Fee Ordinance...conditions included herein shall be credit towards the requirements of the Unified Impact Fees Ordinance. This is not applicable, inasmuch as such an ordinance has not been passed as of this date. L. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Pursuant to this condition, the Applicant is requesting retroactive approvals plus the additional 180 days for payment of the water commitment fee and 5 years to complete the project, from the effective date of this proposed amendment. V. RESTATEMENT OF REQUEST Conditions B and C required payment of the water commitment fee within 180 days and completion of the project within 5 years, respectively, of the effective date of the amended ordinance (November 28, 2006). These conditions were not complied with. In light of the above, the new owner/applicant—Waterfall Entertainment, Inc. -is requesting time extensions, retroactive to the initial deadline plus the additional Mr. Duane Kanuha, Director November 25, 2013 Page 5 180 days for the water commitment and 5 years for completion of the project, from the effective date of the amendment of this requested ordinance. Additionally, there may be non-substantive amendments that the Director may wish to initiate such as changing the approval agency from the Department of Public Works to the Department of Environmental Management for Condition F. The Applicant would have no objections to any editorial type of amendments. IV. JUSTIFICATION OF REQUESTS Condition L of the original rezoning ordinance (Ord.No. 98 98) outlined three (3) criteria whereby a time extension may be considered_ These criteria and their justification for both extension requests follow. A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. Waterfall Entertainment, Inc. acquired the leasehold interest in the property in 2009, subsequent to the extended expiration date. The Applicant had a preliminary revised plan prepared and is nearing completion of a financial package to be able to commence and complete the project. It also has been actively negotiating with potential tenants. Understandably, the global recession has and continues to affect prospective developments. In spite of that,the Applicant has the required financing and wishes to proceed with the project as soon as the required extensions are granted. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was rezoned, there has not been any significant land use regulatory change in this area. The Hilo Community Development Plan has not been updated, and thus, the only relevant planning policy document still rests with the County General Plan. The proposed request is not contrary to the General Plan's Land Use Pattern Allocation Guide (LUPAG)Map that defines the subject property and its immediately surrounding area for Industrial uses. The most recent revisions to the General Plan(February 2005) did not make any changes affecting the subject site. The current designation on the LUPAG map is the same as when the subject property was initially zoned MCX-20. Mr. Duane Kanuha, Director November 25, 2013 Page 6 There are a number of industrially-zoned and related uses adjacent and also proximate to the subject site along Kanoelehua Avenue and Lanikaula Street. The Applicant's proposed commercial complex will serve the area as well as complement the various urban-type of uses already established in this area. The request is not contrary to the goals, policies and standards of the General Plan. The approval of the subject request would support the following goals of the General Plan: Economic Element: • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. • Strive for diversity and stability in the economic system. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. • Strive for full employment. Land Use Element: • Designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural, and physical environments of the County. Commercial Sub-element: • Provide for commercial developments that maximize convenience to users. • Provide commercial development that complements the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. (Policy) Mr. Duane Kanuha, Director November 25, 2013 Page 7 • Encourage the concentration of commercial uses within and surrounding a central core area. (Policy) C. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The reasons for approving the rezoning of this site were articulated in the Planning Commission's letter to the County Council. The reasons, in summary, and their relationship to the present, included: • furtherance of the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase the choice of occupations. This is still a goal of the County, particularly in these trying economic times. • the site's positive physical and locational attributes which meet the commercial/industrial needs in the context of the industrial designation of the County General Plan. This is still applicable today, as there have not been any amendments to the General Plan. • All essential utilities and services can and will be made available to the development. The discussion relates to the installation of roadway improvements and extension of the wastewater and water systems to the site. This is also a commitment on the part of the current Applicant. • The site does not have any resource issues, such as archaeological, drainage, botanical, or avifaunal. The site was formerly used as a residence is cleared. The rezoned area is zoned"X" on the flood maps. It is thus maintained that the reasons used to support the existing rezoning also apply to the requested time extensions. As such, the Applicant respectfully requests your favorable consideration of these time extension requests. Pursuant to this amendment request, please find enclosed the following: a. Twenty (20) copies of this letter, with appropriate enclosures, including the letter of authorization from the applicant; and b. A list of the surrounding property owners within 300 feet of the subject property; real property tax clearance; and $250 filing fee. Mr. Duane Kanuha,Director November 25, 2013 Page 8 Should you have questions on this matter, please feel free to direct them to me. Thank you very much. Sincerely, C)\,\k) SIDNEY M. FUKE Planning Consultant Enclosures Copy—Mr. Maurice Akamine, Waterfall Entertainment, Inc., w/enclosures • \y�fis. COUNTY OF HAWAII :.;..�>-.ft. II STATE OF HAWAII. f44 p'F•H',.f, . BILL NO. ORDINANCE NO. n \\\\ AN ORDINANCE AMENDING ORDINANCE NO. 98 98, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10) TO INDUSTRIAL COMMERCIAL MIXED—20,000 SQUARE FEET(MCX-20)AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-037:029. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 98 98 is amended as follows: "SECTION 1. Section 25-8- 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: 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 .( 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 forpublic 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. 1 ASS EXHIBIT A 0 1 • B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy"within [ ]one hundred and eighty(180) days from the effective date of this [ordinance]amendment. C. Construction of the proposed development and related improvements within the subject property shall be completed within five (5) years from the effective date of this [enstinanee]amendment. This time period shall include securing Final Plan Approval from the Planning Director for the development within the subject property. Plans shall identify structures, fire protection measures,paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include a landscaping buffer along the northern,western, and southern boundaries of the subject property. D. An overall landscaping plan and maintenance plan,which includes landscaping along the side property boundaries of the subject property, shall be submitted to the Planning Director for review and approval prior to the issuance of Final Plan Approval. E. Driveway access and sidewalk improvements along Kanoelehua Avenue shall meet with the approval of the Department of Transportation and the Department of Public Works, whichever is applicable. F. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of plans for Plan Approval. G. A drainage system, if applicable, shall be installed, meeting with the approval of the Department of Public Works. 2 H. Sewer line connections shall be installed meeting with the requirements of the Department of Public Works. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property. .T. Upon compliance with applicable conditions of approval,prior to the opening of the proposed development, the applicant shall submit a final status report, in writing, to the Planning Director. K. 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 Fee Ordinance.•L. [A- - •., - : - . - - - - ., --- - • ... -- . . . ., 1. The non performance is the result of conditions that could not have been - ., - - - - . . •-. • •, , . - - .� , •• - 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension weulli net be contrary to the original reasons for granting of the permit. 11. The time extension granted shall be for a period not to exceed the period . .. -- = s erformance (i.e., a condition to be performed within - S. - . -- - . . - • - - ..- •-: -;. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. 3 M. Should any of the conditions not be met or substantially complied with in a timely fashion,the Director may initiate rezoning of the subject property to its original or more appropriate designation." SECTION 3. Material to be deleted is bracketed and struck-through. New material is underscored. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 4 -,- lam l t, II E5-10 IV\ ________I® \\11 -20 \1 F-i --- - Qi SINGLE FAMILY RESIDENTIAL i w a (��®9®) TO INDUSTRIAL rx et COMMERCIAL MIXED (MCX-2o) o— I co fn o 1° R5-10 E AREA m 21,050 S®,FT, -= E ii 0 1 1\ III +—° ML'-2O \1 • Ma-1A •,Z=i-3 3 a5°l® R5-I0 MG-la Ma1Ia v\1 u u 10 ML-20 ,, 1 LE ' LAN I Future 50' R/W Line STREET 1Z5 lO R5 10 ML-20 MG-la jl ma- to I U1 0 MG°I ill. W Z -----I > v 0 ML-20 < J_ Q IA 0 III DZ a Y R 5 10 il .. Elio J Q a //,• Mail a Q II J Y RS- ML- f;$- 3,243.00 S ML- G.1�,062.5o E II 10 20 10 20 rn I "HALAI"® MG-ls Z L A N I K A U L A Future 60' R/W Line 0 STREET Future 80' R/W Line c' \ I MI-- Elio C N LU ---- ---1 20 R5 10 L- 10 M;G la MG-la 0 ,,111 W tn 0 R5-10 CN- G -to 10 Q R5-10 K A W I L I 1 IC S T R E E T 0 c U 0 LM ML 20 1 ML-20 2O F-° > MG;-la- r I MG-la 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 INDUSTRIAL—COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY o PLANNING DEPARTMENT COUNTY OF HAWAII _mi-: . _— -37:29 -- - _----_------- JULY 1. 1998 • All of the land situate at Waiakea in the District of South Hilo, Island of Hawaii, bounded and described as follows : (Revised). Lot 12, Block 38, Waiakea House Lots , BEGINNING at the southeast corner of this lot, on the west side of Waiakea Cutoff-Federal Aid Secondary Project No. S 18 (1) , (Kanoelehua Avenue) being also the new northeast corner of Lot 16, (revised) Block 38, Waiakea House Lots , the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3243 . 00 feet South and 11062.50 feet East, and running by azimuths measured clockwise from True Southi- 1. 90° 00 ' 210. 50 feet along Lot 16 (revised) and Lot 15 , Block 38 , Waiakea House Lots ; 2. 180° 00' 100. 00 feet along Lot 11, Block 38, Waiakea House Lots; 3. 270° 00' 210.50 feet along Lot 1.0 (revised) Block 38, Waiakea House Lots; • 4 , 360° 00' 100. 00 feet along the west side of Waiakea Cutoff-Federal Aid Secondary Project No. S 18 (1) , Fanoelehua Avenue, to the point of beginning. • • and containing an AREA OF 21 , 050 SQUARE FEET. • EXHIBIT A : - : I • AFFECTS : TAX MAP KEY NO . 3rd/2-2-037-029 INDENTURE OF LEASE IVA- THIS INDENTURE OF LEASE, executed this 7_40, day of . 1/6 ' , 2009 , but made effective as of September 1 , 2009, :between PEGGY HARUE HAMASHIGE, Trustee of the GEORGE NORIO MURATA Family Trust, and MASUKO MURATA, Trustee under the unrecorded Revocable Trust Agreement made by MASUKO MURATA dated June 3 , 1994 , as amended, both of whose address is 716 Lukepane Avenue, Apartment No. 210, Honolulu, Hawaii 96816, hereinafter called "Landlord" , and WATERFALL ENTERTAINMENT, INC. , a Hawaii corporation, dba Beer : 30 Sports Bar & Grill , having its mailing address at 320 Kaumana Drive, Hilo, Hawaii 96720 , hereinafter called "Tenant' , . W I T N E S S E T H: ARTICLE I • GRANT AND TERM Section 1 . 01 . Grant . Landlord hereby demises and leases to Tenant , and Tenant hereby hires from Landlord, upon and subject to all of the terms, provisions and conditions hereinafter set forth, that certain parcel of land situate at 750 Kanoelehua Avenue, Hilo, Island, County and State of Hawaii, Tax Map Key No. 3rd/2-2-037-029 (containing approximately 21 , 050 square feet) , more particularly described in Exhibit A attached hereto and made a part hereof for all purposes, together with all 1 improvements thereon and all rights, easements, privileges and EXHIBIT B appurtenances thereunto belonging or appertaining or held and enjoyed therewith (hereinafter called the "Property" ) . Section 1 . 02 . Term. The term of this Lease shall be sixty (60) years, commencing on the 1st day of September, 2009 and expiring on the date sixty (60) years thereafter on August 31, 2069 . ARTICLE II RENT Section 2 . 01 . Fixed Monthly Rent . Tenant shall pay fixed monthly rent to Landlord for the term of this Lease, • without any prior demand therefor as follows : (a) Year 1 : 11111111i per month Year 2 : • Years 3 - 6 : 0 " Years 7 - 10 : " Years 11 - 15 : IIIIIIIIP Years 16 - 20 : � " " *Years 21 - 60 : to be negotiated Plus Hawaii State General Excise Tax, presently at 4 . 166% . *Then 5% of the then fair market value of the land only for the next 20 .year period and 50 of the then. fair market . value of the land only for - the, next20 .year period. Rent cannot be less than the previous term and can be set by mutual agreement of the parties or .by the hiring of Appraisers to determine the fair market value . Such. appraisedvalue shall be determined by three (3) impartial appraisers . who shall be recognized real IN WITNESS WHEREOF, Landlord and Tenant have executed these presents as of the day and year first above written. 6?-P r' t •UE - i a - Trustee oft } a, the GE.- NORIO MURATA Family' 1.. :. 4.r ' Trust / , ,.:',g¢" k% MASUKO MURATA, Trustee under t1% t, unrecorded Revocable Trust Agreement made by MASUKO MURATA dated June 3 „ 1994, as amended "Landlord" WATERFALL ENTERTAINMENT, INC. , a Hawaii corporation, dba Beer:30. Sports Bar & Grill MATJRICE H. AKAMINE Its President and Treasurer By - 1- . p 'i' iI Its Vice President and Secretary NOTARY fiubtA g iIMPA1i N "Tenant" Mary Jane Absher First udicial Cirevit Doc. scription: ,yam`.:' `:. No:'o '.ages: 3 Date of Doc. r 1-s- , Kota! D e 7 `'` - Mary Jane Masher STATE OF HAWAII ) SS: COUNTY OF HAWAII , ) On this Z-l'- day of 1413p4 , 2009, before me personally appeared MAURICE H. AKAMINE E and MAL PUN CHOI, to me personally known, who, being by me duly sworn, did say that they are the President/Treasurer and Vice President/Secretary, respectively, of WATERFALL ENTERTAINMENT, INC. , a Hawaii corporation, dba Beer: 30 Sports Bar & Grill, and that the forty (40) page Indenture of Lease was signed in the Third Circuit of the State of Hawai'i in behalf of said corporation by authority of its Board of Directors, and the said MAURICE H. AKAMINE and MAL PUN CHOI severally acknowledged said instrument to be the free act and deed of said corporation. Lynne . Kushi Notary Public, Third Judicial Circuit, State of Hawaii My Commission expires: March 24, 2010 \ 1 -39- All of the land situate at Waiakea in the District of South Hilo, Island of Hawaii , bounded and described as follows : (Revised) Lot 12 , Block 38 , Waiakea House Lots , BEGINNING at the southeast corner of this lot, on the west side of Waiakea Cutoff-Federal Aid Secondary Project No. S 18 (1) , (Kanoelehua Avenue) being also the new northeast corner of Lot 16, (revised) Block 38 , Waiakea House Lots , the coordinates of said point of beginning referred to Government Survey Triangulation Station °`HALAI" being 3243 . 00 feet South and 11062. 50 feet East, and running by azimuths measured clockwise from True Southl- 1. 90° 00 ' 210, 50 feet along Lot 16 (revised) and Lot 15 , Block 38 , Waiakea House Lots ; 2 . 180° 00 ' 100. 00 feet along Lot 11, Block 38 , Waiakea House Lots ; - 3„ 270° 00 ' 210. 50 feet along Lot 10 (revised) Block 38 , !aiakea House Lots ; 4 . 360° 00 ' 100. 00 feet along the west side of Waiakea Cutoff-Federal Aid Secondary Project No. S 18 (1) , Kanoelehua Avenue , to the point of beginning and containing an AREA OF 21 , 050 SQUARE FEET. • E X E--J I R I T A y.n.=zr Et f z-a a�fek •f 5i s• - ,or swze:__?ers4 �; '4.,-F.,..7.. , �a 3 �..x vim • a ' o ;3 ,. d ?v 7 p I w^ il I I •r , PLR7 ay ; i I Z i j,:., R it!.,; KEKURNAOA It n 2 R n,; Is,.bai T,O/ n 1O ° A '1_ ;,. : ,rt,,; !,,t."1 «w- -- ®� a„//esr e, f�+,113 /�-�1 .; �,j il y�, i___J"i11.H."S.�s'� :c -- 3r* ,..ii 8 n $ @ T 1 J 111 Cj� I ,''..'« •t i == cd.,.^,j^.,TM«v... °- L•3 , a -d LE/GANI srReer -... 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IJ } u'wo ? ee. /Dabs �O '4'..'7::84' € e w F J'�.; « iR o ! I- , t ,v Aro o. I ,!...a 11: if V it o^ r I .l t°oJ if'.'.M " ',I ' @ .^��¢e�'tg n.t- a Pi .,Ill ii= 1.-p.14 x•.•G/ a • w CS.t t a In LAN/ w®;C§I ..ml ° z a ,� KAULA i :�' — A fl (S �'"� m 9, 14 IA AYeNUe .°.,rid ;� r 4.-3.(,'•:::',4 T' 4f Y PLOTS }IC 1 I ° • • • UBJEC SITE M a-.__ _ ' On M-Oh,Vao'b 9k•4` Yq `z n= O TR S�,_3 �o tA.2 I P o t n a i.. `,, l ' N St 1 ( O"n'—r-'us`iw99 �Y O 0)r-:-.:*....--:,'o T EXHIBIT C •`;,",., C... . I–Z-17ig ) .i If21 g , C- 1 ,_. a 4 1 i ..T._., ■--- t,' >-i '±, ?'.■ 4.4 /-- a c':.-, y . , .,,:,.!.:..;-.7•'-':..;, . :•::::IF 1i' . . .0,001. i .., . r 0 7 Y I 2 1 Zw r L --1 I I I , ---1 )-- <1 I ti. ° I I I ill F—W3 D m .o I Li 4 '.2 2 2 1 ■6 I I u).— I I .0-,K f,,,, I .o-s, --I I- 1 iL A I 1 „Jo co I I-0 11-- --" '' I • I T • —0 ..., -,.. 7. ..ctlf. 1 I •:: .1;fl,.. t' r,;:• u_ 5.'■ li,-i''''''' " Eg .-18.h.r..•E, ,,•,,,,,•;-r.m•," k 5R; - fj=' .z I 739.PE •., ;-4.9. L .— . '.. I . 1---- 1 u ..K 6 • . _ .._ 911N3AV VI1H313ONVN fa.7 2 ICI < Nu EXHIBIT D OF WATER—" _ • 9 19 4 3 • • 19 49 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII ayTrof HAW � 345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720 a .-• TELEPHONE (808) 961-8050 • FAX (808) 961-8657 January 3, 2014 '-U TO: Mr. Duane Kanuha, Director Planning Department N FROM: Quirino Antonio, Jr., Manager—Chief Engineer SUBJECT: CHANGE OF ZONE ORDINANCE NO. 98-98 (REZ 898) - APPLICANT—WATERFALL ENTERTAINMENT, INC. REQUEST: TIME EXTENSION TO CONDITIONS B AND C OF ORDINANCE NO. 06 144 TAX MAP KEY 2-2-037:029 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 12-inch waterline within Kanoelehua Avenue fronting the subject parcel. The subject parcel has a 1-inch service lateral suitable for a 5/8-inch meter, which is limited to an average daily usage of 400 gallons. Please be informed that the applicant has not established a water commitment with the Department as the estimated maximum daily water usage calculations, as requested in our letter of May 4, 1998, and again in our letter of July 11, 2006, have not been submitted. Therefore, prior to issuing a water commitment or a time extension thereto, we reiterate that the applicant shall comply with the following conditions: I. The Department requests that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. The water usage calculations should include the estimated peak flow in gallons per minute and the total estimated maximum daily water usage in gallons per day, including all irrigation use. Upon receipt of the water usage calculations above, the Department will make a determination as to the water commitment deposit amount to be paid, if necessary. Based on the water usage calculations provided above, if a 5/8-inch meter cannot accommodate the estimated demand, a larger or additional meter will need to be installed and remittance of the prevailing facilities charge, which is subject to change, will be required. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before water service can be granted. Planning Crept, Exhibit G ' SCANNED . . .Water, Our Most Precious.resource . . . Ka Wai ft?bane . . . B :O 8' 0 �E The Department of Water Supply is an Equal Opportunity provider and employer, Mr. Duane Kanuha, Director Page 2 January 3,2014 3. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Should there be any questions, please contact Mr. Larry Beck of our Water Resources and Planning Branch at 961-8070, extension 260. Sincerely yours, VAMMOIL Quirino Antonio, Jr., P.E. Manager-Chief Engineer LB:dfg copy— Waterfall Entertainment, Inc. SidneyFuke, Planning Consultant �+ aloes, 0! 't! rAr-: ^fit 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidfuke @hawaiiantel.net a:; t r :F w. Iii> 3. 77 •Environmental Reports January 9,2014 Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Time Extension Application (REZ 898) Waterfall Entertainment,Inc. 'FMK: 2-2-037: 029 Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments,we provide the following: The Department of Water Supply noted that no water commitments have been issued to date. The deposit will be paid in accordance with the terms of any rezoning condition. The related improvements such as the installation of a backflow preventer and improvements within the government right of way to accommodate the water line will be complied with by the applicant in conjunction with the development of the project. The Solid Waste and Wastewater Divisions of Department of Environmental Management had no comments or objections to the request.Further,the Fire Department, Engineering Division of Department of Public Works and State Health Department had no comments or objections to the request. Notwithstanding the above,the appropriate requirements covered by the respective agencies, such as fire flow and related improvements will have to be addressed and complied with in conjunction with the building permit approval process. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter, please let me know. Thank you very much. Sincerely, i ix\Akt SIDNEY M. FUKE Planning Consultant Copy—Mr. Maurice Akamine SCANNED JAN 1 0 2014 Planning Dept. ilya_::_; . ,-? •Exhibit RWaterfallREZAmend.doc-12/24/13 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WATERFALL ENTERTAINMENT,INC. CHANGE OF ZONE ORDINANCE NO. 06144 (REZ 898) AMENDMENT TO CONDITIONS B AND C Upon review of the request, the Planning Director recommends that a favorable recommendation to amend Conditions B and C of Change of Zone Ordinance No. 06 144 be forwarded to the Hawai`i 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. The favorable recommendation is based on the following findings: The applicant requests an extension of time to Conditions B (water commitment payment) and C (completion of construction) of Change of Zone Ordinance No. 06 144 to proceed with the development of the property. The change of zone from RS-20 to MCX-20 was initially approved under Ordinance No. 98 98 to allow the construction of a 7,968-square foot building and paved parking stalls. The original applicant proposed to lease the building for a convenience store, restaurant, and/or retail outlets. Subsequently, in 2006, extensions of time were granted to Conditions B and C under amended Ordinance No. 06 144. The inability of the applicant to comply with Conditions B and C could not have been foreseen or are beyond the control of the applicant. In 2009,the previous applicant (Seawind Holdings, Inc.) had submitted plans for the development of the property; however,the request is still pending with this department. The current applicant has filed this amendment request for the development of the property. Since the granting of the original change of zone in 1998,there have been no changes to land use designations for the site. The GP LUPAG designates the area for industrial uses, and the existing MCX zoning for the property is consistent with the LUPAG designation for the area. All essential utilities and services are available to the site. Agencies had no comments or concerns regarding the request. Attachment to: Comm. 717 -1- Bill 213 Based on the above, the proposed amendment to Conditions B and C of Ordinance No. 06 144 is not contrary to the original reasons for the granting of the Change of Zone. The Planning Director recommends that Condition D be deleted primarily as a housekeeping measure, as landscaping requirements are required in Condition C and defined by Planning Department Rule No. 17. Further,the Planning Director recommends that proposed Condition L be deleted as an administrative time extension was granted in 2006 and the development as requested by the applicant should be completed in five years from the effective date of this second amendment, if approved. As proposed to be developed,the project will not trigger concurrency requirements. However, should another permitted use in the MCX zoned district be established, potential traffic impacts may need to be mitigated. Therefore, a new Condition H is proposed to require the applicant to submit a TIAR should the property be developed with a use that may generate over 50 peak hour trips a day. It is recommended that a favorable recommendation be forwarded to the County Council with the following changes (material to be deleted is bracketed and struck through; material to be added is underscored): A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. j . . .. . . .. . . - - . , � .., , . - of Water Supply] 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 [its] the"Water Commitment Guidelines Policy"to the Department of Water Supply within one hundred and eighty (180) days from the effective date of this second amendment. C. Construction of the proposed development and related improvements within the subject property shall be completed within five (5)years from the effective date of this second amendment. This time period shall include securing Final Plan Approval from the Planning Director for the development within the subject property. Plans shall identify structures,fire protection measures,paved and -2- striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include a landscaping buffer along the northern, western, and southern boundaries of the subject property. [D. ., . . . . _ . .. .. . . . ... . ., , .. . . ., _• -- ' ., . . _ !•- . . • .. .. . . .. . . . . .- • ..,. - - - . I ., Appreva .] [Ed D. Driveway access and sidewalk improvements along Kanoelehua Avenue shall meet with the approval of the Department of Transportation and the Department of Public Works,whichever is applicable. [F] E. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of plans for Plan Approval. [G-] F.A drainage system, if applicable, shall be installed, meeting with the approval of the Department of Public Works. [I ] G.Sewer line connections shall be installed meeting with the requirements of the Department of Public Works. H. Should the applicant submit plans to develop a land use beyond what is proposed in the application,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 applicant shall implement when required by the Department of Public Works, at no cost to the County, any transportation improvements deemed necessary by the Department of Public Works. I. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property. J. Upon compliance with applicable conditions of approval,prior to the opening of the proposed development,the applicant shall submit a final status report, in writing,to the Planning Director. -3- K. 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. [b. [M] L.Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. 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