HomeMy WebLinkAboutCOM 0447.000 2014-2016 �� "�.�' +,; Walter K.M.Lau
" �4f Managing Director
William P.Kenoi • +'z . :�!t 4
Mayor • Randall M.Kurohara
jtE 4•H'�NrDeputy Managing Director
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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 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)323-4440
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August 25, 2015 o n
vt
Dru Kanuha, Council Chair
and Members of the County Council —
County of Hawai`i w ��
25 Aupuni Street co —
Hilo, HI 96720
Dear Chairman Kanuha and Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 08-72 (REZ 792)
Request: Five-Year Time Extension to Condition B (Secure Final
Subdivision Approval)
Applicant: Glory Nani Mau, LLC
Tax Map Kev: 2-2-048:013 (portion) and 093
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 letter and
enclosures regarding the above-referenced request.
Sincerely,
4111
WILLIAM P. KENOI
Mayor
MTransCouncilLGlorynanimauREZ792
Enclosures
cc: Planning Department
Ref. To: Jo C.-
Ref.
Ref. Date A" ‘4 6 Z131y
County of Hawaii is an Equal Opportunity Provider and Employer.
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
AUG 202015
Dru Kanuha, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Kanuha and Council Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 08-72 (REZ 792)
Request: Five-Year Time Extension to Condition B (Secure Final
Subdivision Approval)
Applicant: Glory Nani Mau,LLC
TMK: 2-2-048:013 (portion) and 093
The Windward Planning Commission, at its duly held public hearing on August 6, 2015,
recommended for your approval the proposed legislative bill for an amendment to Change of
Zone Ordinance No. 08-72. The property is part of the Nani Mau Gardens complex,bounded by
Railroad Avenue, Makalika Street and Awa Street within the Pana`ewa Farm Lots Subdivision,
Waiakea, South Hilo, Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant is requesting to amend Condition B of Change of Zone Ordinance
No. 08-72, which states:
"Plans for the proposed subdivision shall be submitted to the Planning
Department and Final Subdivision Approval secured within five(5) years from
the effective date of this amendment. The proposed residential-agricultural
subdivision shall not exceed a maximum limit of 25 lots."
Hawai`i County is an Equal Opportunity Provider and Employer
Dru Kanuha, Council Chair
and Members of the County Council
Page 2
This condition required that Final Subdivision Approval be secured by May 20,
2013. The applicant is requesting a 5-year time extension from the date of approval of
this proposed amendment to secure Final Subdivision Approval.
The applicant acquired the subject property in May 2012. Since that time the
applicant's principal focus has been on restoring the Nani Mau Gardens operation, with
the goal of eventually developing the 25-lot subdivision adjacent to it. The applicant has
continued to look for ways to improve the subdivision layout in a way that enhances
rather than detracts from the operation of the Nani Mau Gardens and has recently
submitted a revised subdivision plan to the Planning Department. Additionally, the
applicant has been able to secure the required financing to complete the proposed 25-lot
subdivision and wishes to proceed with the project.
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 or their fault or negligence. The previous landowner and applicant
have taken reasonable steps toward completing subdivision of the subject property such
as submitting preliminary and revised subdivision plans and construction plans; however
the project has not proceeded due to the economic recession that started in 2008. The
applicant submitted a revised preliminary plat map in May 2015. Thus, the applicant has
consistently been working towards compliance with the conditions of the change of zone
and non-performance is the result of conditions that could not have been foreseen and
were beyond the control of the applicant.
Approval of this request would not be contrary to the General Plan or
Zoning Code nor the original reasons for granting 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 property is zoned A-la, a
designation which is no longer in existence since the zoning code update in 1997. The
1997 update set a minimum lot size of 5 acres for the Agricultural (A) zoning district and
created a new Family-Agricultural zoning district for lots less than 5 acres. The applicant
has stated they have no objections to having the subject property re-designated into the
FA-la zoning district. Although this would appear to be a simple housekeeping measure,
it would be an amendment to the zoning district boundaries requiring a metes and bounds
map and written description of the area, and thus cannot be processed as a simple
amendment to an existing Change of Zone ordinance. Therefore, the Director
recommends retaining the property's existing A-la zoning.
Dru Kanuha, Council Chair
and Members of the County Council
Page 3
Lastly, the request to amend Condition B to allow a time extension to secure Final
Subdivision Approval is not contrary to the original reasons for granting the change of
zone, which was to create an agricultural subdivision. The proposed request will not
unreasonably burden public agencies to provide for infrastructure and utilities to the
project site.
For your favorable consideration, an amendment to Ordinance No. 08-72 is herewith transmitted.
We are enclosing copies of the Background Report, the Planning Director's Recommendation,
Powerpoint presentation and a draft transcript of the hearing for your information.
incerely,
Myl Miyasato, Chairman
Windward Planning Commission
LGloryn an imauREZ792wpc2
Enclosures
cc: Mr. Sidney Fuke, Planning Consultant
Department of Public Works
Depai tment of Water Supply
Department of Land &Natural Resources-HPD
DOT-Highways, Honolulu
William Brilhante, Esq., Assistant Corporation Counsel
BGloryNaniMauREZAmend.mjj 7/23/15
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
GLORY NANI MAU,LLC
CHANGE OF ZONE ORDINANCE NO. 08 72 (REZ 792)
AMENDMENT TO CONDITION B
GLORY NANI MAU, LLC has submitted a request for a 5-year time extension to
Condition B (secure Final Subdivision Approval) of Change of Zone Ordinance No. 08 72,
which rezoned 41.749 acres of land from an Agricultural- 3 acres(A-3a) and Agricultural- 10
acres (A-10a)zoning districts to an Agricultural- 1 acre(A-la) zoning district to accommodate a
proposed 25-lot subdivision. The property is part of the Nani Mau Gardens complex,bounded
by Railroad Avenue, Makalika Street and Awa Street within the Pana`ewa Farm Lots
Subdivision, Waiakea, South Hilo, Hawai`i,TMK: 2-2-048: portion of 013 and 093.
APPLICANT'S REQUEST
1. Request: The applicant has submitted a request to amend Condition B of Change of
Zone Ordinance No. 08-72, which states:
"Plans for the proposed subdivision shall be submitted to the Planning
Department and Final Subdivision Approval secured within five(5) years from
the effective date of this amendment. The proposed residential-agricultural
subdivision shall not exceed a maximum limit of 25 lots."
This condition required that Final Subdivision Approval be secured by May 20, 2013.
The applicant is requesting a 5-year time extension from the date of approval of this
proposed amendment to secure Final Subdivision Approval.
2. Reasons for Request: The applicant acquired the subject property in May 2012. Since
that time the applicant's principal focus has been on restoring the Nani Mau Gardens
operation, with the goal of eventually developing the 25-lot subdivision adjacent to it.
The applicant has continued to look for ways to improve the subdivision layout in a way
that enhances rather than detracts from the operation of the Nani Mau Gardens and has
recently submitted a revised subdivision plan to the Planning Department. Additionally,
the applicant has been able to secure the required financing to complete the proposed 25-
-1-
Re: Bill 86 (Comm. 447)
lot subdivision and wishes to proceed with the project.
3. Landowner: Glory Nani Mau, LLC.
4. Supportive Information: The applicant has submitted the attached in support of the
request: (Planning Department Exhibit 1 —Letter from Sidney Fuke dated May 29,
2015)
BACKGROUND INFORMATION
5. April 26, 1995: Effective date of Ordinance No. 95 55 which reclassified 41.75 acres
from A-10a and A-3a to A-la for 22 one-acre lots and a 9-hole pitch and putt golf course
approved under Use Permit No. 126.
6. April 18,2000: The Planning Director granted a 5-year administrative time extension
until April 26, 2005 to comply with Condition B of Ordinance No. 95-55.
7. December 17,2003: Subdivision 2003-0092 for Nani Mau, Inc. (22-lot subdivision)
received Tentative Approval.
8. December 17, 2004: The Planning Commission approved a request to revoke Use
Permit No. 126, which allowed the establishment of a 9-hole pitch and putt golf course
on approximately 15 acres of land. The applicant deleted the project from their
development plan and requested that the permit by nullified.
9. May 30,2008: Effective date of Ordinance No. 08 72 which amended Ordinance No. 95
55 by providing a 5-year time extension to secure Final Subdivision Approval and
allowed an increase in the total number of lots to 25 from the original limit of 22 lots.
10. May 31, 2012: The Planning Department approved construction plans for Subdivision
2003-0092. However, no construction has occurred.
11. May 29,2015: The applicant submitted a revised preliminary plat map to subdivide the
subject property into 25 lots and one road lot.
STATE AND COUNTY PLANS
12. General Plan LUPAG Map Designation: Low Density Urban.
13. State Land Use District: Agricultural.
14. County Zoning: A-1 a.
-2-
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
15. Subject Property: The 41.75-acre property is essentially vacant, with only a portion
partially improved with landscaping associated with the Nani Mau Gardens. The
property has access to Makalika Street and Awa Street.
16. Surrounding Land Zoning/Uses: Adjacent lands to the north, east across Railroad
Avenue and the Nani Mau Gardens property to the southwest are zoned A-10a. A 6-lot
subdivision is located to the east of the property and is zoned Family Agriculture(FA-
la). Adjacent lands zoned A-3a consist of a 4-lot subdivision to the west and a 5-lot
subdivision to the southeast. Mixed residential and agricultural uses surround the project
site and the Nani Mau Gardens complex.
17. U.S.D.A. Soil Survey: Soil within the property is of the Papai series (rPAE),which
consists of well-drained, thin, extremely stony organic soils over fragmental A`a lava.
Permeability is rapid, runoff is slow and erosion hazard is slight. These soils are
primarily in woodland. Small areas are used for pastures, orchards and truck crops.
18. Land Study Bureau Soil Rating: "E" or "Very Poor".
19. Agricultural Lands of Importance to the State of Hawaii(ALISH): Other Important
Agricultural Lands.
20. Flood Zone: The property is located in Zone "X", which is an area determined by
FEMA to be located outside of the 500-year floodplain.
21. Archaeological/Historic/Cultural Resources: There are no known archaeological sites
or cultural features located within the property.
22. Flora/Fauna Resources: It is unlikely that threatened or endangered floral or faunal
species are present on the property sue to previous grading activity.
23. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
UTILITIES AND SERVICES
24. Access: Primary access to the project site from the Hawaii Belt Road is provided by
Makalika Street, a County-maintained roadway having a pavement width of 18 feet with
5-foot wide grass shoulders within a 50-foot wide right-of way. Railroad Avenue and
Awa Street, which are County roadways, would also provide access to the proposed
-3-
subdivision. Railroad Avenue has a pavement width of 24 feet with 8-foot wide paved
shoulders within a 70-foot wide right-of-way. Awa Street has a pavement width of
20 feet with 6-foot wide grass shoulders within a 50-foot wide right-of-way. The
applicant is proposing direct access to the property from Makalika Street and Awa Street.
25. Water: County water is available to the project site via 12-inch lines located along
Makalika and Awa Streets and Railroad Avenue.
26. Wastewater: Wastewater generated within the proposed subdivision will be disposed of
within individual wastewater disposal systems such as septic systems meeting with the
approval of the State Department of Health.
27. Essential Utilities and Services: All other essential utilities and services are available to
the property.
AGENCY COMMENTS
28. State Department of Transportation: P.D. Exhibit 2-July 14,2015 letter
AGENCIES -NO COMMENTS/CONCERNS
29. Department of Public Works- Engineering Division, Police Department, Fire Department,
Department of Environmental Management, State Department of Health,Department of
Land and Natural Resources-Land Division.
AGENCIES -NO RESPONSE
30. Department of Water Supply, Office of Housing and Community Development, Civil
Defense Agency, State Department of Transportation,Real Property Tax Office.
PUBLIC COMMENTS
31. As of this writing, the Planning Department has not received any written objections or
comments from the general public or adjacent landowners on the subject application.
-4-
SidneyFuke, Planning Consultant
I� 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 •Environmental Reports
May 29, 2015
Mr. Duane Kanuha,Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
w
Dear Mr. Kanuha:
Subject: Time Extension Request—GLORY NANI MAU,LLC
(Formerly Nani Mau,Inc.)
REZ 792,Ord. No. 08 72
Waiakea, South Hilo,HI,TMK: 2-2-048: Por of 013 and 093
The subject contiguous parcels ("Site"),identified by TMK: 2-2-048: Por of 013
and 093, consists of a combined area of 41.749 acres. The Site was rezoned into the
Agriculture (A-1a) district(Ord.No. 95-55)on April 26, 1995 to allow the development
of a twenty two (22) lot 1-acre subdivision surrounding a 9-hole pitch and putt golf
course, subject to a number of conditions. Subsequently,the ordinance was amended to
increase the number of lots to twenty five(25) and secure additional time to complete the
subdivision. This amendment(Ord.No. 08 72)which became effective on May 20,
2008, required completion of the project within 5 years(May 19, 2013) of the effective
date of the amendment. (Exhibit A)
To date, while the project has made some progress—as will be outlined below-
final subdivision approval has not been secured. Further,the property—including the
adjoining Nani Mau Gardens-was subsequently acquired by Glory Nani Mau, LLC
("Applicant") in May 2012.
Accordingly,the Applicant is requesting a 5-year time extension,beginning the
effective date of its approval,to complete the project.
I. GENERAL BACKGROUND
As noted earlier,the subject Site, including the Nani Mau Gardens facilities, was
recently acquired by the Applicant. Since its acquisition,the Applicant's principal focus
has been on restoring the Nani Mau Gardens operation,with the goal of eventually
developing the 25-lot subdivision adjacent to it.
Notwithstanding its primary focus on the operations of the Nani Mau Gardens,the
Applicant still devoted some of its time in reviewing the proposed subdivision layout to
see how it could possibly be redesigned to better address the vision of the Applicant. As
some of the basic entitlements associated with the original 22-lot subdivision, including
Planning Dept.
Exhibit
Mr. Duane Kanuha,Director
May 29, 2015
Page 2
receipt of tentative subdivision approval,the Applicant was not fully aware or mindful of
the time constraints associated with the rezoning ordinance until after the deadline
passed.
II. NATURE OF REQUEST
The Applicant wishes to proceed with the development of this site in accordance
with the current zoning(Ord.No. 08 72)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 5 years to
secure final subdivision approval.
It should also be noted that subsequent to the adoption of Ord.No. 98 72), the
County Zoning Code was amended by limiting the minimum lot size requirement for the
Agriculture zoning district to five (5)or more acres and creating a new Family-
Agriculture(FA)zoning district for lots less than five(5) acres. Accordingly,the
Applicant has no objections to having the Site re-designated into the Family-Agriculture
(FA-1a) district.
III. PROJECT LOCATION
The subject site, consisting of a combined area of 41.479 acres, is generally the
site of the Nani Mau Gardens situated in the Panaewa Farm Lots area and identified by
TMK: 2-2-048: Por of 013 and 093. More specifically, it is the undeveloped portion of
Nani Mau Gardens and is situated adjacent to said facility. It is bounded by Railroad
Avenue,Makalika Street, Awa Street, and the Flood Control Channel. (Figures 1 & 2)
IV.REZONING CONDITIONS
As noted earlier,the subject area was initially rezoned into the A-1 a district on
April 26, 1995, subject to a number of conditions. A time extension rezoning amendment
became effective on May 20,2008, 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 was recently acquired by the Applicant, Glory Nani Mau, LLC.
Should the time extension be granted,the Applicant has every intention of
completing the project in accordance with the terms of the rezoning ordinance
and its conditions, as identified in Exhibit A.
Mr. Duane Kanuha, Director
May 29,2015
Page 3
B. Plans for the proposed subdivision shall be submitted to the Planning
Department and Final Subdivision Approval secured within five (5)years
from the effective date of this amendment. The proposed residential-
agricultural subdivision shall not exceed a maximum limit of 25 lots.
Tentative Subdivision Approval(SUB 2003-0092)for a proposed 22-lot
subdivision was issued on December 17, 2003. (Exhibit B) Since the adoption
of Rezoning Ord.No. 08 72 where the density cap was increased to twenty
five(25) lots,three (3)revised subdivision applications were filed to cover
both parcels 093 and portions of 013. These applications and their basic
information are:
File No. No. of Lots Project Name
Sub 11-000018 22 Lanipono Place,Unit 1
Sub 11-000019 3 Lanipono Place, Unit 2
Sub 11-000020 2 Nani Mau, Inc., Unit 3
A copy of this map,reflecting the different Units, is found in Figure 3. You
will note that there are now twenty six(26)lots proposed,because of the
planned 2- lot subdivision of Unit 3. That subdivision was subsequently
withdrawn on October 26,2011,thus retaining the 25-lot cap.
The Applicant's tentative revised layout is reflected in Figure 4 where the
density cap is retained at twenty five (25)lots. It should be noted that the
Applicant may still make changes to the configuration of this map, and when
completed, will request that the remaining two (2) applications be
consolidated and processed as one (1).
Construction plans for the proposed subdivision were approved on May 31,
2012. To date, however, no construction has occurred. The plans may need
to undergo some revisions to accommodate the Applicant's revised layout.
When done,the Applicant intends to immediately proceed with its
construction.
C. As agreed to by the applicant, restrictive covenants in the deeds of all the
proposed residential-agricultural lots shall prohibit the construction of a
second dwelling unit on each lot. A copy of the proposed covenant(s) to be
recorded with the Bureau of Conveyances shall be submitted to the Planning
Director for review and approval prior to receipt of Final Subdivision
Approval. A copy of the approved covenant shall be recited in an instrument
executed by the applicant and the County, recorded with the Bureau of
Mr. Duane Kanuha, Director
May 29, 2015
Page 4
Conveyances, and a copy of the recorded covenant filed with the Planning
Department upon its receiptfrom the Bureau of Conveyances.
To date, the covenant has not been submitted to the Planning Department.
The Applicant intends to file this shortly after receipt of approval of the
revised subdivision map.
D. A Solid Waste Management Plan shall be submitted for review and approval
to the Department of Environmental Management for review and approval
prior to Final Subdivision Approval.
This has not been done to date and will be complied with by the Applicant.
E. Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments,pavings or walls
be encountered, work in the immediate area shall cease and the Planning
Director shall be immediately notified. Subsequent work shall proceed upon
an archaeological clearance from the Planning Director when it finds that
sufficient mitigative measures have been taken.
To date, according to the Applicant,there has not been any unidentified sites
discovered associated with any work done affecting the subject Site.
Nevertheless, should there be such a finding in future construction work,this
condition will be adhered to.
F. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation,fire,
police, solid waste disposal facilities and roads. The fair share contribution
shall be due and payable prior to receipt of Final Subdivision 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 a maximum combined value of$10,976.69 per single family
residential unit. The total amount shall be determined with the actual number
of units according to the calculation and payment provisions set forth in this
condition. The fair share contribution per multiple family residential unit
(single family residential units) shall be allocated as follows:
Mr. Duane Kanuha,Director
May 29,2015
Page 5
1. $5,293.15 per single family residential unit to the County to
support park and recreational improvements and facilities;
2. $255.34 per single family residential unit to the County to support
police facilities;
3. $504.33 per single family residential unit to the County to support
fire facilities;
4. $220.80 per single family residential unit to the County to support
solid waste facilities; and
5. $4,703.06 per single family residential unit to the County to
support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation,fire,
police, solid waste disposal facilities and roads within the region impacted by
the proposed development, subject to the review and recommendation of the
Planning Director, upon consultation with the appropriate agencies and
approval of the County Council.
The Applicant has not made any payments as of this date. It will,however,
comply with this requirement prior to receipt of Final Subdivision Approval.
G. 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.
H. 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
Hawai'i County Code, Chapter 11, as it relates to affordable housing.
Compliance with Chapter 11 shall be approved by the Administrator of the
Office of Housing and Community Development prior to receipt of Final Plan
Approval and/or Final Subdivision Approval.
The Applicant will comply with this requirement.
I. Comply with all other applicable laws, rules, regulations and requirements of
the affected government agencies for the proposed development.
The Applicant and/or its successors, appropriate contractors,etc. will comply
with this requirement.
Mr.Duane Kanuha,Director
May 29, 2015
Page 6
J. Should the applicant require an additional extension of time, the Planning
Director shall submit the applicant's request to the Planning Commission and
the Hawaii County Council for appropriate action.
Pursuant to this condition,the Applicant is requesting retroactive approval
plus the additional five (5)years from the effective date of this proposed
amendment to secure final subdivision approval.
K. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director shall initiate rezoning of the area to its original or
more appropriate designation.
As noted earlier,the Applicant recently acquired the subject Site and is
earnestly attempting to address all relevant conditions in a timely fashion.
The Applicant believes that while the project has not been completed, much
work—including having approved construction plans—has been done.
V. RESTATEMENT OF REQUEST
Condition B required receipt of Final Subdivision Approval by May 19, 2013.
This condition for reasons outlined above and to be amplified below,has not been
met.
In light of the above,the new owner/Applicant—GloryNani Mau, LLC - is
requesting a time extension,retroactive to the initial deadline plus the additional
five(5)years from the effective date of this amendment for securing final
subdivision approval. Additionally,there may be non-substantive amendments
that the Director may wish to initiate such as changing the zoning category from
A-1 a to FA-la or adding the word Windward before Planning Commission in
Condition J. In that event,the Applicant would have no objections to any of those
editorial types of amendments.
IV. JUSTIFICATION OF REQUESTS
Although Condition J relating to time extension no longer contained the three(3)
criteria normally used to justify such extensions, they serve as a good foundation
to evaluate such requests. As such,these criteria and their justification for the
extension request 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 of their fault or negligence.
Mr. Duane Kanuha, Director
May 29, 2015
Page 7
While the Applicant cannot speak for the actions or lack of action on the part
of the previous owner,it is quite likely—as with many other projects that got
the"green light"in the mid to latter part of the 2000's—that it got delayed
because of the sluggish global,national, and local economic conditions.
These conditions have affected real estate activity in general,especially on the
Island of Hawai`i and over the past ten(10)years. This affected the ability of
many projects to secure the appropriate construction fmancing. Although
there are increasing signs of a rebound,these signs were certainly absent a few
years ago, It is very likely that the former owner was thus reticent in bullishly
pushing ahead at that time.
Notwithstanding the global economic malaise, it would appear that the former
owner continued to take reasonable steps necessary for the development of the
proposed subdivision. The record on file with the Planning Department does
suggest that the former owner remained active up to the Applicant's
acquisition of the Site.
As noted earlier,the former owner submitted revised and new subdivision
plans in 2011,prior to the May 19, 2013 expiration date. Further, it also had
construction plans prepared and approved on May 31,2012 for the required
on-site infrastructure associated with the proposed 24-lot subdivision just
prior to the Applicant's acquisition of the property.
Since its acquisition, the Applicant has devoted its principal focus to
renovating and rehabilitating the Nani Mau Gardens facility. That facility has
made a turnaround.
At the same time, the Applicant continued to look for ways to improve upon
the proposed subdivision in a manner that enhances rather than detracts from
the operation of Nani Mau Gardens. While there may be a few more tweaks
needed,the Applicant believes that it now has a layout that will be compatible
with its vision for Nani Mau Gardens.
Although the island is still not quite out of this global recession,the Applicant
has been able to secure the required financing for completion of the project
and wishes to proceed with the project as soon as the required extension is
granted. While a 5-year extension is being sought,the Applicant believes
that it can complete the project well before that deadline.
13. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
Mr. Duane Kanuha, Director
May 29, 2015
Page 8
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.
1. 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 Low Density Urban. 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 A-1 a
The requested zoning would be consistent with the goals,policies, and
standards of the General Plan document.
For one, it may provide very limited short-term economic opportunities
largely through the construction of any improvements required for the
subdivision. More importantly,however, longer-term opportunities,
although limited, could be created largely in the form of small-scale truck
crops or nursery farms. In so doing,the resultant project should add
revenues to the County and State coffers.
The project intends to be more energy conscious through the installation
of solar energy and design features to take advantage of the sun and wind
patterns.
Maintaining and improving the quality of the environment is important to
the success of this project. The General Plan identifies five(5) areas of
environmental concerns - air pollution,water quality, soil pollution, solid
waste disposal, and noise pollution. As proposed,the project would not be
violative of any of those objectives.
Aside from vehicular transmission, air pollution associated with the
project should be negligible. Rather than cesspools, septic system will be
installed as part of any newly constructed residential dwelling. This
should be sufficient to address groundwater or coastal water impacts.
Being a residential project, it will also not be a noisy one. Further, it is
unlikely that this site would be used as a processing plant, as it would be
more economical to send products elsewhere.
Mr. Duane Kanuha, Director
May 29, 2015
Page 9
The Site is not situated within any floodway. Nonetheless, as part of the
infrastructure improvements, a drainage system will be designed and
constructed in a manner to protect the property as well as to minimize the
volume of surface runoff generated by this development.
The site does not appear to have historic sites due in large measure to the
prior grading activity on the site. Nonetheless,work will cease if
unanticipated archaeological remains are discovered during the
development of this project. Work will resume only after proper
clearances from the State and/or County have been received.
While there have been sightings of the Hawaiian crow(Alala) or the owl
(Pueo),this area is not their primary habitat. As such,the subject project
should not have any significant impacts on rare or endangered plant or
animal life in this area.
As the existing A-la or possibly new FA-la zoning would allow a
residence, the project will indirectly fulfill the objectives of the housing
element by enabling individual home ownerships of the proposed lots.
Further,the Applicant will be required to comply with Chapter 11 relating
to Affordable Housing, further addressing the housing element.
The Plan also emphasizes that developments be mindful of an area's
natural beauty. In this situation,the project will be heavily landscaped so
as to be visually compatible with the Nani Mau Gardens project.
As the project site is more than 3 miles from the ocean, the usual coastal
resources concern is not pronounced. There will be no interference with
shoreline access.
Again, impacts to public facilities will be marginal. The wastewater
system will be private, and the water system will be improved within the
project area. Vehicular access to the site is already fully improved, while
on-site improvements will be done by the Applicant. Schools and other
public facilities are also located proximate to the site,most of them being
less than 3 miles away. Furthermore,the Applicant will comply with the
Fair Share requirements to address the regional impacts associated by this
project.
Finally, in terms of the Land Use and Agricultural elements,the
pertinent goals,policies, and standards of the General Plan note the
following:
Mr. Duane Kanuha,Director
May 29, 2015
Page 10
• Designate and allocate land uses in appropriate proportions and mix
and in keeping with the social, cultural and physical environments of
the County
• The County shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment
• Zoning requests shall be reviewed with respect to General Plan
designation,district goals,regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability of public services
and utilities,access,and public need
• The compatibility of agricultural and non-agricultural uses should
be carefully reviewed and where appropriate, buffers required
• Rural-style residential-agricultural developments, such as new small-
scale rural communities or extensions of existing rural communities,
shall be encouraged in appropriate locations
• The county shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment
• Agricultural land shall be used as one form of open space or
green belt.
In view of the foregoing goals and policies, it is noted that the requested
zoning would be consistent with the Low Density designation of the
LUPAG map. It would also be generally compatible with the surrounding
area. There are many1.-3-acre lots adjacent and makai of the subject site.
There is an FA-la zoned property adjacent to the Site.
The soil of the site is classified "E" or very poor by the Land Study
Bureau. As such, although there is no agricultural use on the property, it
has the potential. This request should thus encourage more intensive
agricultural activities on the site.
The subject site is designated Zone"X"on the Federal Flood Insurance
Rate Map and is also located outside of any drainage ways. As such,there
should be little physical impediments to the subdivision of the property.
Mr.Duane Kanuha,Director
May 29, 2015
Page 11
2. Concurrency Requirement of the Zoning Code (Section 25-2-46)
This provision applies to all zoning amendments,including time
extensions. Concurrency, in this instance, applies to water,roads, and
civil defense.
Relative to water, Section 25-2-46(m)provides, in part,that one (1) of two
(2)must be met:
"(1) the department of water supply has determined that it can meet the
water requirements of the project and issue water commitments using its
existing system; or
"(2) specific improvements to the existing public water system, or a
private water system equivalent to the requirements of the department of
water supply will be provided to meet the water needs of the project and
conditions of zoning delay occupancy until the necessary improvements
are actually constructed" (Emphasis added)
The DWS has indicated that water is available from a 12-inch line situated
along Makalika Street, Awa Streets,and Railroad Avenue. As such,the
time extension request comports to this component of the Concurrency
provision.
Another of the Concurrency Requirements relates to Roads. In that
regard, a TIAR is mandatory for projects generating more than fifty(50)
peak hour movements. In this case,the development of the project would
not exceed twenty five (25) lots. The projected AM/PM peak for that
number of lots' uld be less than fifty(50).
Addressing Civil Defense sirens is the other Concurrency Requirement.
Specifically, Section 25-2-46(o)(3)requires the entire project site to be
within range of civil defense sirens as determined by State Civil Defense,
"or that provision of civil defense sirens to provide such coverage is
integrated as part of the zoning amendment or application for time
extension to perform a condition of zoning amendment."
The Project site falls within the existing civil defense coverage area. If not
and pursuant to Section 25-2-46(o)(3),the Applicant will provide the
required sirens in conjunction with or prior to receipt of Final Subdivision
Approval.
Mr. Duane Kanuha, Director
May 29,2015
Page 12
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 of March 18,2008 to the County Council found
in Exhibit C as well as in its letter recommending approval of the rezoning in
1995. The reasons, in summary, and their relationship to the present,
included:
• Furtherance of the County's goals of providing an agricultural economic
environment to help 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
residential/agricultural 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 and
water line improvements. 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 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 extension. 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 1,000 feet of the subject
property; real property tax clearance; and$250 filing fee.
Mr. Duane Kanuha, Director
May 29, 2015
Page 13
Should you have questions on this matter,please feel free to direct them to me.
Thank you very much.
Sin,cerely,
(W\
SIDNEY M. FUKE
Planning Consultant
Enclosures
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL 10 ACRES (A-10a)AND AGRICULTURAL 3 ACRES (A-3a)
TO AGRICULTURAL 1 ACRE (A-1a)
AT WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TMK:2-2-048:93&Por.13 COUNTY OF HAWAII,PLANNING DEPARTMENT DATE:January 28,200E
EXHIBIT"A" (Nani Mau,Ina:1242)
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COUNTY OF HAWAII STATE OF HAWAII
BII.T.NO. 274
ORDINANCE NO. 08 72
AN ORDINANCE AMENDING ORDINANCE NO. 95 55 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL— 10 ACRES (A-10a)AND AGRICULTURAL—3 ACRES (A-3a)
TO AGRICULTURAL- 1 ACRE(A-la)AT WAIAKEA, SOUTH HILO,HAWAII,
COVERED BY TAX MAP KEY 2-2-48:93 AND PORTION OF 13.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 95 55 is amended as follows:
"SECTION 1. Section[25 111] 25-8-33,Article [3-]8 Chapter 25 (Zoning Code)of the
Hawaiei County Code 1983 (2005 Edition),is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Waiakea, South Hilo,
Hawaii, shall be Agricultural- 1 acre(A-la):
"SECTION 2. [ . _ .. ., . _. _ - _:]
In accordance with Section 25-2-44,Hawai`i County Code 1983 (2005 Edition),the County
Council finds the following conditions are:
a) Necessary to prevent circumstances which maybe adverse to the public
health, safety and welfare; or
a) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from thepotentially deleterious effects of
the proposed use,or
(B) Fulfillment of the need for public service demands created by the
proposed use.
EXHIBIT A
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. Plans for the proposed subdivision shall be submitted to the Planning Department
and Final Subdivision Approval secured within five(5)years from the effective
date of this [efdinanee]amendment. [ •.. - _. . . , _ . .. ' ... , ]The
proposed residential-agricultural subdivision shall not exceed a maximum limit of
[ 2]25 lots. _ . . . - ' - ..., . . ... . . . : ., . . - - . . •.
_ 9-4- .
elassiffeatien]
C. As agreed to by the applicant,restrictive covenants in the deeds of all the
proposed residential-agricultural lots shall prohibit the construction of a second
dwelling unit on each lot. A copy of the proposed covenant(s)to be recorded with
the Bureau of Conveyances shall be submitted to the Planning Director for review
and approval prior to the issuance of Final Subdivision Approval. A copy of the
approved covenant shall be recited in an instrument executed by the applicant and
the County,recorded with the Bureau of Conveyances, and a copy of the recorded
covenant filed with the Planning Department upon its receipt from the Bureau of
Conveyances.
D. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to Final Subdivision
Approval.
E. Should any unidentified sites or remains such as artifacts, shell,bone,or charcoal
deposits,human burials,rock or coral alignments,pavings or walls be
encountered, work in the immediate area shall cease and the Planning Director
shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Director when it finds that sufficient
mitigative measures have been taken.
[E]F. [ -- • . . : .. . .. .:. .: • . . . .. .. - .. _ -: ....
• •
- . . - . ... , •• -. .., _ .. .. .
Y.
. " "
.
- • Y.
•
•
•
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., • ., - . . .- . . . . •. . .. . ...... ...:, - , .,. _.
•
•
.., , , .. . .., .., ..... ., . . . -, _ ..... •.•
. .. .. - .. : . : -•. - _-. - •- .]The applicant shall make its fair share
contribution to mitigate the potential regional impacts of the property with respect
to parks and recreation, fire,police,solid waste disposal facilities and roads. The
fair share contribution shall become due and payable prior to receipt of Final
Subdivision 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$10,976.69 per single
family residential unit. The total amount shall be determined with the actual
number of units according to the calculation and payment provisions set forth in
this condition. The fair share contribution per multiple family residential unit
(single family residential units)shall be allocated as follows:
1. $5,293.15 per single family residential unit to the County to
support park and recreational improvements and facilities;
2. $255.34 per single family residential unit to the County to support
police facilities;
3. $504.33 per single family residential unit to the County to support
fire facilities;
4. $220.80 per single family residential unit to the County to support
solid waste facilities; and
5. $4,703.06 per single family residential unit)to the County to
support road and traffic improvements.
In lieu of paying the fair share contribution,the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director,upon consultation with the appropriate agencies and approval of the
County Council.
[F]G. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees,conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
H. 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 Hawai'i
County Code, Chapter 11, as it relates to affordable housing. Compliance with
Chapter 11 shall be approved by the Administrator of the Office of Housing and
Community Development prior to receipt of Final Plan Approval and/or Final
Subdivision Approval.
The applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements.
[G]J. [ ... '.. - .. . . . ,... _ . . .. ..- - .. . . -
-
-
- _. . .. - .. . , . ,. . . . . . _.. , . _ ,
or Zoning Code;
(1) The time extension granted shall be for a period not to exceed the period
(3)] Should the applicant require an additional extension of time,the Planning
-5-
Director shall submit the applicant's request to the Planning Commission
and the Hawaii County Council for appropriate action.
[HJK. Should any of the conditions not be met or substantially complied with in a timely
fashion,the Director shall initiate rezoning of the area to its original or more
appropriate designation."
SECTION 2. Material to be deleted is bracketed and struck through. New material is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL ti ' is ER,COUNTY,% HAWAII
Kona,Hawai`i
Date of Introduction: April 22, 2008
Date of 1st Reading: April 22, 2008
Date of 2nd Reading: May 7, 2008
Effective Date: May 20, 2008
REFERENCE: Comm: 1113
-6-
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. AiST IMIll
-1a A
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14,845.52 E
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LAMA ST
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ra A-3a A-3a A-3a Fl3a1! Al.3a
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0 700 1,400 2,800 4,200 5,600
Feet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL 10 ACRES (A-10a)AND AGRICULTURAL 3 ACRES (A-3a)
TO AGRICULTURAL 1 ACRE (A-1a)
AT WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TMK:2-2-048:93&Por.13 COUNTY OF HAWAII,PLANNING DEPARTMENT DATE:January 28,2008
EXHIBIT "A" (Nani Mau,Inc.:1242)
•
OFFICE OF THE COUNTY CLERK •
County of Hawai`i
Kona,Hawai`i
Introduced By: K. Angel Pilago ROLL CALL VOTE
Date Introduced: Apri 1 22, 2008 20QS P1F 24E011 ; E5 2 ABS EX
First Reading: April 22, 2008 Ford -X.
Published: May 2, 2008 Higa COUNT': '' X
Hotfi,iann X
REMARKS: Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
Second Reading: May 7, 2008 5 2 2 0
To Mayor: May 15, 2008
Returned: May 21, 200 8 ROLL CALL VOTE
Effective: May 20, 200 8
AYES NOES • ABS EX
Published: May 30, 200 8
Ford X
Higa X
REMARKS:
Hoffmann X
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
7 1 1 0
I DO HEREBY CERTIFY that the foregoing BILL was ado, the County Council published as
indicated above.
APPROVED AS TO `
mt.
C• t
FORM/ ID LEGALITY: A,, d
ip
CO IRMAN
DEPUTY OORPORATION NSEL
COUNTY OF HAWAI'I
COUNTY CLERK
Date MAY F 2008
Bill No.: 274
C-1113/PC-81
Approve isapproved this day Reference: a �2
of M' ,20 °91 Ord No.:
D4.1
7 YOR, itUU TY OF HAWAII
1:
Harry Kim • Christopher J.Yuen
Mayor
l Director
Roy R.Takemoto
Deputy Director
Count of nit
PLANNING DEPARTMENT
101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720-3043
(808)961-8288 • Fax(808)96.'.-8742
December 17, 2003
Ken Fujiyama
421 Makalika Street
Hilo, HI 96720
Dear Mr. Fujiyama:
TENTATIVE APPROVAL
SUBDIVIDER.: NANI MAU, INC.
Proposed Subdivision of Lot A,
Being a Portion of Grant Nos. 13,029, 13,030, 13,031 13,032&All of Grant 13,033
Into Lots 1 to 23, Inclusive and Roadway Lots A&B
Waiakea,South Hilo, Island of Hawaii, Hawaii
TMK: 2-2-045:013 (SUB 2003-0092)
Please be informed that Tentative Approval of the preliminary plat map dated July 7, 2003, is hereby
granted with modifications and conditions.
The subdivider is now authorized to prepare detailed drawings of the subdivision plan in accordance with
Chapter 23, Subdivision Control Code,County of Hawaii,as modified. Before final approval can be
granted,the following conditions must be met:
1. Provide a water system meeting with the approval of the Department of Water Supply.
2. Submit water system construction plans for approval by affected agencies.
3. Pay installation and facilities charges as required by the Department of Water Supply.
4. Identify all watercourses and drainage ways and encumber with drainage easements.
5. Provide a 10-ft.wide"no vehicular access"planting screen easement fronting Railroad Avenue.
EXHIBIT B • DEC 2 4 2003
..
Ken Fujiyama
Page 2
December 17,2003
6. Provide corner radius at the intersection of Makalika and Awa Streets right-of-way lines, in
conformance with Hawaii County Code,Section 23-45. The corner area created by the arc should
be dedicated to the County of Hawaii.
7. ' Roadway design/layout including allowable street grades nd minimum sight distance
requirements shall conform to the standards of the code.
r,,,,a(Nj'C3 The entire right-of-way of Roadway Lot B shall be improved in conformance with Department of
a,46 t-r. Public Works Standard Detail R-39.
Cam144w.
��� , 9. For Access Easement A and Roadway Lot A,construct minimum 20-ft. wide dedicable pavement
with paved shoulders and swales within the 60-ft.wide light-of-way conforming with Department of
Public Works Standard Detail R-34.
10. Construct dedicable turnaround conforming to Department of Public Works Standard Detail R-33.
11. Submit construction plans and drainage report for review and comment.
a) Additional storm runoff due to development shall be disposed within the subdivision and shall
not be discharged onto adjacent properties or roadways. For planned drywells, satisfy
Department of Health(DOH)drywell requirements, including issuance of an underground
injection control(UIC)permit to the subdivider.
b) Install streetlights/signs/pavement markings as required by the Traffic Division, Department of
Public Works.
12. Submit proposed street names(Roadway Lots A&B)conforming to the adopted street naming
policy of the County of Hawaii.
13. Comply with all conditions of approved Change of Zone Ordinance No. 95 55(REZ 792),
specifically:
C. As agreed to by the applicant, restrictive covenants in the deeds of all the proposed lots
shall prohibit the construction of an ohana dwelling or a second dwelling unit on each lot.
A copy of the proposed covenant(s)to be recorded with the Bureau of Conveyances shall
be submitted to the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the approved covenant shall be recited in an instrument
executed by the applicant and the County, recorded with the Bureau of Conveyances, and
a copy of the recorded covenant filed with the Planning Department upon its receipt from
the Bureau of Conveyances.
I r
Ken Fujiyama
Page 3
December 17, 2003
D. Should any unidentified sites or remains such as artifacts,shell, bone,or charcoal
deposits, human burials,rockor coral alignments,pavings or walls be encountered,work
in the immediate area shall cease and the Planning Director shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the Planning
Director when it finds that sufficient mitigative measures have been taken.
E. The Applicant shall pay its fair share contribution to address potential regional impacts of
the project with respect to park,fire, police,solid waste disposal facilities, sewer and
roads. The lair share contribution shall be initially based on the representations contained
within the change of zone application and may be increased or reduced proportionally if
the lot counts are adjusted. The fair share contribution shall become due and payable
prior to final subdivision approval of any portion of the agricultural zoned area within the
project site. The fair share contribution for each lot shall be based on a maximum density
for each lot as determined by the zoning resulting from this change of zone. The fair share
contribution in a form of cash,land,facilities,or any combination thereof acceptable to the
director,in consultation with the affected agencies shall have a maximum combined value
of$151,298.62. The fair share contribution described above shall 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). In lieu of paying the fair share
contribution,the applicant may construct such facilities related to park,fire, police,solid
waste disposal facilities,sewers and roads with the approval of the appropriate
agency(ies).
F. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the
imposition of exactions or the assessment of impact fees,conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
4( Place property markers in accordance with the final plat map. Surveyor shall submit certification
upon completion.
,4' ' , . Submit ten (10)copies of the final plat map prepared in conformity with Chapter 23, Subdivisions,
2004. If not,
Ur-
rt r ,-,• within one year from the date of tentative approval,on or before December 17,
t� tentative approval to the preliminary plat map shall be deemed null and void. Only upon written
request from the subdivider and for a good cause can a time extension be granted,provided it is
submitted forty-five(45)days before the expiration of said period of one year.
16. Subdivider shall complete all requirements specified as conditions for tentative approval of the
preliminary plat map within three(3)years of said tentative approval,on or before December 17,
2006. An extension of not more than two(2)years may be granted by the director upon timely
request of the subdivider.
H . 11/__ 11---
Ken Fujiyama
Page 4
December 17, 2003
As part of final plat map submittal,the Planning Director requests an additional copy of the final plat map be
submitted as a'.dwg"or".dxf diskette file prepared by CAD software.
Please be aware that if at any time during the fulfillment of the foregoing conditions,should concerns
emei-ge such as environmental problems or other problems which were earlier overlooked or not
anticipatedlaccounted for in datafreports available to date,this could be sufficient cause to immediately
cease and desist from further activities on the proposed subdivision, pending resolution of the problems.
. The Planning Director shall confer with the listed officers to resolve the problems and notify you
accordingly.
No final approval for recordation shall be granted until all the above conditions have been met.
Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision.
Should you have any questions, please feel free to contact Ed Cheplic of this department.
Sincerely,
( ....P'r-
/.1-r.,-,. ..f, /.7-cl --Le —
CHRISTOPHER J.YUEN
•
Planning Director
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Director, DPW
District Environmental Health Program Chief, DOH
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Imata &Associates, Inc.
REZ 792
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Director
Brad Kur+olawa,ASIA
LEED®AP
Ol>nttg IIf Pafintii Deputy Director
PLANNING DEPARTMENT
101 Paestii Street, Suite 3 • Hilo,Hawaii 96720-4224
March 18, 2008 (808)9614288 ► FAX(808)9614742
Pete Hoffmann,Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Avenue,2nd Floor
Hilo,HI 96720
Dear Chairman Hoffmann and Council Members:
Change of Zone(REZ 792)
Applicant: Nani Mau,Inc.
Request: Amendment to Change of Zone Ordinance No. 95-55
Tax Map Key: 2-2-48:93 and portion of 13
The Planning Commission at its duly held public hearing on March 6,2008,reviewed and acted
on the above-referenced request for an amendment to Ordinance No. 95-55,which rezoned
37.247 acres of land from an Agricultural-10 acres(A-10a)to an Agricultural— 1 acre(A-la)
zoned district and 4.502 acres from an Agricultural—3 acres(A-3a)to an Agricultural— 1 acre
(Ata)zoned district. The request is for a 5-year time extension to secure Final Subdivision
Approval and to delete the portion of Condition B that limits the maximum of lots to 22. The
project site is located at the Nani Mau Gardens,bordered by Railroad Avenue,Makalika Street,
Awa Street,and the Flood Control Channel,Panaewa Farm Lots,Waiakea,South Hilo,Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant has submitted a 5-year time extension request to comply with
Condition B(secure Final Subdivision Approval)of Change of Zone Ordinance No.
95-55,which would be from April 26,2005 until April 26,2010. Additionally,the
applicant is requesting to delete the portion of Condition B that limits the maximum
number of lots to 22. Condition B of Change of Zone Ordinance No.95-55 states the
following:
"Plans for the proposed subdivision shall be submitted to the Planning
Department and Final Subdivision Approval secured within five(5)years from •
the effective date of this ordinance. As represented by the applicant,the proposed
subdivision shall not exceed a maximum limit of 22 lots. Upon the issuance of
. 4
EXHIBIT C-
- Haraeii.County is an Equal Oppomasity huvidcranat Employgtr
•
r 1.
• 0
Pete Hoffmann,Chairman
and Members of the County Council
Page 2
Final Subdivision Approval for the lots,the Planning Director shall initiate a
change of zone of lands encumbered by the 9-hole pitch and putt golf course into
' an Open-zoned District classification."
Nani Mau Gardens began with the approval of Docket No. SP73-159(Special
Permit No.247)by the State Land Use Commission to Toyama Gardens Hawaii, Inc. dba
Nani Mau Gardens,Inc.on October 17, 1973,which allowed the establishment of a
commercial arboretum(Nani Mau Gardens)for public tours and the sale of agricultural
products on the property. Since the granting of the permit, there have been nine
amendments to conditions within the Special Permit,which include time extensions,
additional uses and conditions,and deletions of uses and conditions. The fourth
amendment approved on July 24, 1991,allowed the expansion of the project area as well
• as retail commercial activities to include two proposed snack shops,fruit/vegetable stand
and an agricultural museum,stables and equestrian trails. Condition No. 7(off-site
improvements)was imposed due to the anticipated traffic impact resulting from the
proposed expansion plan. Nani Mau Gardens currently consists of approximately 23.793
acres including a green house and garden pavilions,a restaurant, office building,gift
shop, salon,maintenance building and a dwelling. The retail area encompasses
approximately 10,562 square feet. In addition,Use Permit No. 126 was approved by the
Planning Commission on July 28, 1994 to allow the establishment of a 9-hole pitch and
putt golf course on the site.
Change of Zone Ordinance No.95-55 (REZ 792)was approved April 26, 1995 to
reclassify 41.75 acres from A-10a and A-3a to A-la for a proposed maximum twenty-two
(22) 1-acre lots and a 9-hole pitch and putt golf course approved under Use Permit No.
126. Condition B of Ordinance No.95 55 required that Final Subdivision Approval be
secured within five(5)years of the effective date of the ordinance and limited the number
of lots not exceed twenty-two(22). It also required that and upon Final Subdivision
Approval,the area encumbered by the 9-hole pitch and putt golf course be rezoned into
the Open district by the Planning Director.
The applicant received Tentative Subdivision Approval(SUB 2003-0092) on
December 17,2003 for a 22-lot subdivision with 2 accesses,but was not able to secure
Final Subdivision Approval by the deadline of April 26,2005. According to the
applicant,delays in receiving approval for the construction plans prevented the applicant
..: from meeting the deadline for Condition B. The applicant is requesting a 5-year time
extension to comply with Condition B and receive Final Subdivision Approval. .
Nani Mau Gardens'core use will continue to be the tropical gardens. As Nani
Mau Inc. continues to examine its best options to increase business, the applicant has
•
Pete Hoffmann,Chairman
and Members of the County Council
Page 3 '
submitted subdivision plans for the rear 30-acre parcel (not a part of Docket No.
SP73-159),to subdivide this portion of the project into 1-acre parcels.• The applicant
originally offered to limit the number of residential-agricultural lots within the
development to a maximum of 22. In addition,the applicant offered to restrict the
F construction of second dwelling units on the proposed subdivided lots. The change of
zone request affected an area larger than necessary to accommodate the proposed 22-lot
• subdivision and to allow for adjustments to the layout of the proposed subdivision and
9-hole pitch and putt golf course. The original plan was that once the proposed
residential-agricultural subdivision had secured Final Subdivision Approval, the land area
encumbered by the golf course would be rezoned to an Open(0)zoned district to
preserve the density and land use characteristics of the affected area as represented by the
applicant.
On December 14,2004,the Planning Commission approved a request to nullify
Use Permit No.126, as the applicant no longer had plans to purse the pitch and putt golf
• course. Now that the original plan of developing a golf course has been deleted from
their development plan,the applicant is requesting to delete that portion of Condition B
which limits the maximum amount of lots to 22. The applicant has indicated that if the .
request to delete the 22-lot limit is approved,they would like to add 2 or 3 more lots.
The Planning Director recommends that the lot limit be increased to 25 rather than
to delete the limit. Change of Zone Ordinance No. 95-55 reclassified 41.75 acres to A-la,_
which could allow up to 41 1-acre lots if the limit is deleted.
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
• or their fault or negligence. The reason for the time extension request is a result of the
amount of time the project was delayed in obtaining the approval of the construction plan.
The initial construction plan was submitted on November 16,2004,but did not receive
final approval until January 26,2006. The applicant needs more time to secure a
construction bond, which would qualify the project to receive Final Subdivision
Approval.
The reason for the request to delete the portion of Condition B limiting the
amount of lots to 22 is that the applicant no longer plans to develop the pitch and putt
golf course. The applicant has consistently been working towards compliance with the
conditions of the change of zone and non-performance is the result of conditions that
could not have been foreseen and were beyond the control of the applicant.
Approval of this request would not be contrary to the General Plan nor the
•
Pete Hoffmann,Chairman
and Members of the County Council
Page 4
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. Additionally, the request is not contrary to the
original reasons for granting the change of zone. Lastly,the proposed request will not
unreasonably burden public agencies to provide for infrastructure and utilities to the
project site.
Based on the above findings, it is recommended that a favorable recommendation
to amend Change of Zone Ordinance 95-55 be forwarded to the County Council.
For your favorable consideration,an amendment to Ordinance No. 95-55 is transmitted.
We are enclosing copies of the staff Background,Planning Director's Recommendation,and
transcript of the hearing for your information.
Sincerely,
Rodney atanabe, Chairman
Planning Commission
Lnanimaurez792pc02
Enclosures
cc: Mr. Kenneth Fujiyama
Department of Public Works
Department of Water Supply
Department of Land&Natural Resources-HPD
DOT-Highways,Honolulu
Lincoln Ashida,Esq.,Corporation Counsel
DAVID Y.IGE � - FORD N.FUCHIGAMI
� ��Sa DIRECTOR
GOVERNOR `0j
j +�
'A ��.^s DEPUTY DIRECTORS
JADE T.BUTAY
ROSS M.HIGASHI
q2 EDWIN H.SNIFFEN
STATE OF HAWAII DARRELL T.YOUNG
DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO:
869 PUNCHBOWL STREET
HWY-PS 2.0176
HONOLULU, HAWAII 96813-5097
July 14, 2015
Mr. Duane Kanuha
Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo,Hawaii 96720-4224
Dear Mr. Kanuha:
Subject: Amendment to Change of Zone Ordinance 08-72 (REZ 792)
Time Extension Request (5 Years)
Glory Nani Mau, LLC (fka Nani Mau, Inc.)
Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-048:Por. 013 and 093
The developer is applying for a time extension to receive final subdivision approval retroactive
to May 19, 2013, in order to complete the project. The project consists of twenty-five 1-acre
residential lots. Project access would be via roads under the jurisdiction of the County of
Hawaii.
The State Department of Transportation (DOT)has no objection to the proposed five-year time
extension though all other conditions remain applicable and valid.
If there are any questions, please contact Nami Wong, Systems Planning Engineer, Highways
Division,Planning Branch, at(808) 587-6336. Please reference file review number PS 2015-118
in all contacts and correspondence regarding these comments.
Sincerely,
FORD N. F I
Director of Transportation
Planning Dept. AIL 2 2 215
Exhibit 03992 .
RG1oryNaniMauAmendREZ.mjj 7/23/15
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
GLORY NANI MAU,LLC
CHANGE OF ZONE ORDINANCE NO. 08 72 (REZ 792)
AMENDMENT TO CONDITION B
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. 08 72 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:
The applicant is requesting to amend Condition B of Change of Zone Ordinance
No. 08-72, which states:
"Plans for the proposed subdivision shall be submitted to the Planning
Department and Final Subdivision Approval secured within five(5) years from
the effective date of this amendment. The proposed residential-agricultural
subdivision shall not exceed a maximum limit of 25 lots."
This condition required that Final Subdivision Approval be secured by May 20,
2013. The applicant is requesting a 5-year time extension from the date of approval of
this proposed amendment to secure Final Subdivision Approval.
The applicant acquired the subject property in May 2012. Since that time the
applicant's principal focus has been on restoring the Nani Mau Gardens operation,with
the goal of eventually developing the 25-lot subdivision adjacent to it. The applicant has
continued to look for ways to improve the subdivision layout in a way that enhances
rather than detracts from the operation of the Nani Mau Gardens and has recently
submitted a revised subdivision plan to the Planning Department. Additionally,the
applicant has been able to secure the required financing to complete the proposed 25-lot
subdivision and wishes to proceed with the project.
-1- Re: Bill 86 (Comm. 447)
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 or their fault or negligence. The previous landowner and applicant
have taken reasonable steps toward completing subdivision of the subject property such
as submitting preliminary and revised subdivision plans and construction plans; however
the project has not proceeded due to the economic recession that started in 2008. The
applicant submitted a revised preliminary plat map in May 2015. Thus, the applicant has
consistently been working towards compliance with the conditions of the change of zone
and non-performance is the result of conditions that could not have been foreseen and
were beyond the control of the applicant.
Approval of this request would not be contrary to the General Plan or
Zoning Code nor the original reasons for granting 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 property is zoned A-1 a, a
designation which is no longer in existence since the zoning code update in 1997. The
1997 update set a minimum lot size of 5 acres for the Agricultural (A) zoning district and
created a new Family-Agricultural zoning district for lots less than 5 acres. The applicant
has stated they have no objections to having the subject property re-designated into the
FA-1 a zoning district. Although this would appear to be a simple housekeeping measure,
it would be an amendment to the zoning district boundaries requiring a metes and bounds
map and written description of the area, and thus cannot be processed as a simple
amendment to an existing Change of Zone ordinance. Therefore, the Director
recommends retaining the property's existing A-1 a zoning.
Lastly,the request to amend Condition B to allow a time extension to secure Final
Subdivision Approval is not contrary to the original reasons for granting the change of
zone,which was to create an agricultural subdivision. The proposed request will not
unreasonably burden public agencies to provide for infrastructure and utilities to the
project site.
Based on the above findings,the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Ordinance No. 08 72. In
-2-
addition,the Planning Director recommends that existing conditions in the ordinance be revised
to reflect the current standard language for conditions of approval. (Material to be deleted is
bracketed and struck-through; new material is underscored):
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. Plans for the proposed subdivision shall be submitted to the Planning Department
and Final Subdivision Approval secured within five(5) years from the effective
date of this amendment. The proposed residential-agricultural subdivision shall
not exceed a maximum limit of 25 lots.
C. As agreed to by the applicant,restrictive covenants in the deeds of all the
proposed residential-agricultural lots shall prohibit the construction of a second
dwelling unit on each lot. A copy of the proposed covenant(s)to be recorded with
the Bureau of Conveyances shall be submitted to the Planning Director for review
and approval prior to the issuance of Final Subdivision Approval. A copy of the
approved covenant shall be recited in an instrument executed by the applicant and
the County,recorded with the Bureau of Conveyances, and a copy of the recorded
covenant filed with the Planning Department upon its receipt from the Bureau of
Conveyances.
D. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to Final Subdivision
Approval.
E. Should any unidentified sites or remains such as artifacts, shell,bone, or charcoal
deposits,human burials,rock or coral alignments,pavings or walls be
encountered, work in the immediate area shall cease and the Planning Director
shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Director when it finds that sufficient
mitigative measures have been taken.
F. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair share contribution shall become
-3-
due and payable prior to receipt of Final Subdivision 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[ 1$13,506.70 per single family residential unit. The total
amount shall be determined with the actual number of units according to the
calculation and payment provisions set forth in this condition. The fair share
contribution per multiple family residential unit(single family residential units)
shall be allocated as follows:
1. [$5,293.15J$6,513.17 per single family residential unit to the County to
support park and recreational improvements and facilities;
2. [$255.341$314.20 per single family residential unit to the County to
support police facilities;
3. [$504.331$620.58 per single family residential unit to the County to
support fire facilities;
4. [$220.80J$271.70 per single family residential unit to the County to
support solid waste facilities; and
5. [$4,703.06]$5,787.06 per single family residential unit)to the County to
support road and traffic improvements.
In lieu of paying the fair share contribution,the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director,upon consultation with the appropriate agencies and approval of the
County Council.
G. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
-4-
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
H. 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 Hawai'i
County Code, Chapter 11, as it relates to affordable housing. Compliance with
Chapter 11 shall be approved by the Administrator of the Office of Housing and
Community Development prior to receipt of Final Plan Approval and/or Final
Subdivision Approval.
The applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements.
J. Should the applicant require an additional extension of time, the Planning
Director shall submit the applicant's request to the Planning Commission and the
Hawaii County Council for appropriate action.
K. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director shall initiate rezoning of the area to its original or more
appropriate designation.
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WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
HEARING TRANSCRIPT
AUGUST 6, 2015
A regularly advertised hearing on the application of GLORY NANI MAU, LLC (REZ 792)
was called to order at 9:00 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101
Pauahi Street, Hilo, Hawai`i with Chairman Myles Miyasato presiding.
COMMISSIONERS PRESENT: Myles Miyasato, Donn Dela Cruz, Charles Heaukulani,
Gregory Henkel, Donald Ikeda, and Raylene Moses.
ALSO PRESENT: Duane Kanuha(Planning Director), Danny Patel (Deputy Corporation
Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager),
Jeff Darrow (Staff Planner), Maija Jackson(Staff Planner), and Sarah Hata-Finley(Commission
Secretary).
And approximately 4 people from the public in attendance.
APPLICANT: GLORY NANI MAU,LLC (Amend REZ 792)
Request for a 5-year extension of time to Condition B (secure Final Subdivision Approval) of
Change of Zone Ordinance No. 08-72, which rezoned the subject properties from an
Agricultural-3 acres (A-3a) and Agricultural-10 acres(A-10a) zoning districts to an Agricultural-
1 acre(A-1a) zoning district to accommodate a proposed 25-lot subdivision. The project site is a
part of the Nani Mau Gardens complex, bounded by Railroad Avenue, Makalika Street and Awa
Street within the Pana'ewa Farm Lots Subdivision, Waiakea, South Hilo, Hawaii, TMK: 2-2-
048: portion of 013 and 093.
MIYASATO: The first item on today's agenda is Glory Nani Mau, LLC.
JACKSON: Thank you, Mr. Chair. Good morning, Commissioners.
MOSES/MIYASATO: Good morning.
DELA CRUZ: Morning.
JACKSON: The first item on the agenda is a request for an amendment to a Change of Zone
Ordinance,No. 08-72. The subject property is located in the South Hilo District in the Pana`ewa
area of Hilo. You can see the property outlined in red in the middle of the slide. Kanoelehua
Avenue is running in a north-south direction on the left side of the slide. And then, you have
Makalika Street coming off in an east-west direction from the highway.
So, this property has access from Makalika Street in this area here, as well as Awa Street in this
area here. And then they also have frontage along Railroad Avenue, which also runs in a north-
south direction on the east side of the property.
1 Re: Bill 86 (Comm. 447)
The property is zoned Agricultural– 1 acre, which is shown in the light green, and all
surrounding properties are also zoned Agricultural of various lot sizes, from Agricultural – 10
acres down to 3 acres.
The General Plan designation for this area is Low Density Urban which allows single-family
residential development.
And the State Land Use District for the property is Agricultural which is shown in the light
green. You can see that most of the surrounding properties are in the Agricultural District except
for the Hilo area near the highway is shown as Urban, which is the pink, as well as a portion of
Pana`ewa is also in the Urban District to the south.
This is an aerial photo of the property and surrounding area. Just to orient you a little bit further,
this is Makalika Street that comes off of the highway and then this, this—these buildings are part
of the Nani Mau Gardens, so the subject property is actually a portion of the Nani Mau Gardens,
as well as this area to the northeast.
The surrounding land uses are mostly residential and agricultural. Here you have quite a few
houses. There's little residential-agricultural subdivisions in this area here, and then over in this
area on the block.
The Applicant is requesting an amendment to Condition B of the zoning ordinance in order to
provide more time to secure final subdivision approval for a proposed 25-lot residential-
agricultural subdivision. Condition B required that final subdivision be secured by May of 2013,
so the Applicant is requesting an additional five years from the date of this proposed amendment.
This is their preliminary subdivision plan. You can see, again, access off of Awa Street, as well
as off of Makalika in this area here. There will be no direct access off of Railroad Avenue. So,
you have the road coming off in this direction over to a cul-de-sac, and then the 25 lots are in this
general area here.
This is a view of the existing access on Awa Street. Obviously, this would be improved to a full
driveway. And then, this is a view off of Makalika Street. The access is currently gated. This
would also be improved to subdivision standards.
And then this is a view of the property. This is Railroad Avenue looking back towards Hilo Bay,
and this is the subject property where these trees are located here. So, you can see it's mostly,
contains trees and grass vegetation.
The Director is recommending that a favorable recommendation be forwarded to the County
Council for this request. And that—oh,before I conclude my presentation, we would like to
make one minor change to one of the conditions. If you look at Condition B, you'll notice that
the only change that we had made so far to these conditions was just to update the fair share fees,
and so the other change we want to make just to make it very clear that this is another five-year
time extension, would be changing Condition B wording to say in the first sentence, "Plans for
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the proposed subdivision shall be submitted to the Planning Department and Final Subdivision
Approval secured within five years from the effective date of this amended ordinance." So,just
changing the last word from amendment to amended ordinance. So, that makes it very clear that
the five-year extension would be from the date that the Council approves this ordinance if they
choose to do so.
With that, that concludes my presentation.
MIYASATO: Thank you. Commissioners, any questions for staff? I have a question, Maija.
For Condition H, what would be required for these 25 lots?
JACKSON: Are you referring to the affordable housing policy?
MIYASATO: Yes.
JACKSON: They would be required to have a certain percentage of the—actually, there's
various ways they can fulfill the affordable housing requirement. It can either be through a cash
payment or having a portion of the lots be affordable, or if they develop residential units, having
a portion of those residential units be affordable. And, I don't know exactly what proportion
without looking at that section of Code. I can get that for you if you'd like.
MIYASATO: Okay, so at this point, there's no commitment to anything on that.
JACKSON: No,they—they have to fulfill affordable housing requirements that are, that are
listed in Chapter 11 of the Hawaii County Code.
MIYASATO: Okay,thank you.
JACKSON: You're welcome.
MIYASATO: Can we have the Applicant or representative come forward, please?
HEAUKULANI: Mr. Chair, while we're situating the Applicant, I just wanted to disclose. I, I
do not know that this is a conflict. I do work for a group called Faith Group, LLC and its
principals. They do business out of the Nani Mau Gardens complex. I don't know anything
about this entity. The name Glory Nani Mau, LLC may have crossed my desk,but I don't do
any work for them,but I wanted to disclose that. My business relationship with Faith Group,
LLC and its principals doesn't affect my, doesn't sway me in any way.
MIYASATO: Okay, thank you.
FUKE: Oh, I'm sorry.
MIYASATO: Good morning. Could you please raise your right hand?
FUKE: Good morning.
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MIYASATO: Do you swear or affirm to tell the truth on this matter now before the Hawaii
County Planning Commission?
FUKE: Yes, I do.
MIYASATO: Could you please state your name and residence?
FUKE: Sure. Good morning, Mr. Chairman and members of the Commission. My name is
Sidney Fuke. I'm here assisting the Applicant, Glory Nani Mau, LLC. With me today is the
owner/representative, Ms. Helen Koo. She's sitting in the back. I'd like to just, well first of all,
just to indicate that as far as the staff's recommendation and the proposed amended condition,
you know, the Applicant has reviewed the Background Report and the Recommendation and
understandably is very appreciative of the staff's favorable recommendation.
I'd like to share with the Commission some general background as far as the history of the
project which kind of like dates me,because well, it kind of dates me. I kind of remember that
the original developer was this person by the name of Makoto Nitahara, and then his vision was
to kind of create this tropical gardens way back in the early 1970's. He was issued a Special
Permit. The project never really got off the ground, and then subsequently was purchased by a
Japanese group. The person's name was Mr. Sorimachi. And, coincidently, he also owned the
building across the street where my office is situated. So, it was Sorimachi's vision that
eventually kind of evolved to where it is today. They developed the garden fully, and what they
also wanted to do was to have a—at that point in time, you know golf courses was kind of like a
rage among the Japanese investors, and so he was issued a Use Permit to, for the construction of
a 9-hole pitch and putt golf course in that area.
Subsequently, Mr. Sorimachi passed away and so, it was sold to another party. That party then
abandoned the notion of the pitch and putt golf course and then came in for the one-acre
rezoning of which, you know, we're talking about today. That previous developer/landowner had
a proposed subdivision. They had construction plans prepared,but was never fully developed.
And then along came the current owner, Miss Helen Koo. So, she bought out the whole property
and her--in May of 2012, at that point in time, the focus, you know her focus understandably was
not the real estate portion but as much as restoring Nani Mau to what it was, like how we, you
know,how we used to remember and what it is today. So, she devoted a lot of attention and
provided a lot of funds to restoring the gardens and the operation.
Now, that that's kind of like in the back of her,her focus now is just now trying to do the
remaining subdivision, and so this is kind of like where we are right now. Unfortunately,
because of her attention, was diverted to the restoration of the Nani Mau Gardens, you know this
thing kind of like slipped by. So, she did hire a different engineering firm, Engineering Partners,
to do a revision, you know, to kind of like fulfill the vision of the original developer and what
her, as modified by her current vision.
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So, the current subdivision layout has to be slightly modified just to make sure that it does not
adversely affect the operations of the Nani Mau Gardens. Obviously, that's gonna take some
time, and so, this five-year additional time that she will have to address all of the subdivision
requirements, you know, would, would be very appreciative. One of the things that the Zoning
Code, and to answer the Chair's question, is that there is, the zoning condition came, the zoning
approval,however, for the 25 lots did, was done with a number of conditions, and one of the
conditions related to, as the staff mentioned, payment of the fair share. So, there was an
adjustment on the fair share and also the fulfillment of the affordable housing obligation.
So, specifically, in terms of the affordable housing obligation, according to Chapter 11, the
requirement that you have to, you have to—the developer is obligated to fulfill 20 percent of the
total requirements so if hypothetically, if you're, the project is 25 units, so, the obligation,
affordable housing obligation, is five affordable housing credits. And as staff mentioned, you
know, there are different ways that you can address the five affordable housing credit
requirement. It could be on-site, off-site of payment of fees in lieu of. So, Ms. Koo has asked
me to find whether there are ways that we can address the affordable housing requirement off-
site, and that's kind of one of my tasks and to be able to do that obviously is going to take some
time and before you can get final subdivision approval in addition to having to put in all the
roadway, your water system and drainage system, you also need to fulfill the affordable housing
and the fair share requirement. And, we believe that the five--within the five-year period, that
should be ample time to enable her to address all of this requirements.
MIYASATO: Any questions, Commissioners? If not, I just wanted to follow up with that
Condition H, yeah. I guess for me, I would like to see homes on the ground, especially in Hilo. I
think the Big Island is probably one of the only counties that has failed to provide median
income affordable homes for our residents. You know, we have the low income,but you know, I
started off with a median income house on Maui, and I never thought I'd be able to afford a
home on Maui. So, you know, for young couples starting out, I think it's a great opportunity to
have that affordable homes with the ten-year buy back. You know, that whole concept, it works.
It's a good thing, and you know, for several administrations now, everyone's been doing the in-
lieu fee, and we don't have any ground homes on the ground for our residents, especially on
this side of the Island. I think the one in Waikoloa is finally going to have a chance to be
completed. Other than that, you know, there's nothing that's been done except in-lieu fees, so
yeah, it'd be nice to have—I think it's a 15-mile radius—you have to do the off-site within that
radius. You know, it'd be nice to have something on the ground. Other than that, you know, I'm
in favor of the extension. I just would like to see that done.
FUKE: Thank you.
MIYASATO: If nothing further, thank you. We have no testifiers for this. Is there anyone that
would like to testify on this application? If not, can I have a motion to close public testimony?
IKEDA: Motion to close testimony.
MOSES: Second.
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MIYASATO: Motion by Commissioner Ikeda. Second by Commissioner Moses. All in favor?
COMMISSIONERS: Aye.
MIYASATO: Any opposed? I call a close to the public testimony of this application.
Commissioners, any discussion on this? If not, I'll accept a motion.
IKEDA: Mr. Chairman, I'll make the motion. I move that a favorable recommendation be
forwarded to the County Council on the application to amend REZ 792 based on the Planning
Director's findings, recommendations, and proposed conditions which shall be adopted.
MOSES: Second.
MIYASATO: I have a motion by Commissioner Ikeda. Second by Commissioner Moses. Any
discussion on the motion? You can call the roll.
JACKSON: Thank you, Mr. Chair. Commissioner Ikeda?
IKEDA: Aye.
JACKSON: Commissioner Moses?
MOSES: Aye.
JACKSON: Commissioner Dela Cruz?
DELA CRUZ: Aye.
JACKSON: Commissioner Heaukulani?
HEAUKULANI: Aye.
JACKSON: Commissioner Henkel?
HENKEL: Aye.
JACKSON: And Chair Miyasato.
MIYASATO: Aye.
JACKSON: Okay, the motion passes six, zero.
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MIYASATO: You'll be notified in writing.
The discussion ended at 9:17 a.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
Windward Planning Commission
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