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COM 0524.000 2014-2016
* • Walter K.M.Lau 4.. " ��t�i • Managing Director William P.Kenoi ••t1�!`"�°s '��+ Mayor = ti_ • Randall M.Kurohara •i'�•'.�;{+:!�'►`�- Deputy Managing Director • TF Of - County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 October 12, 2015 IV n a-1 Dru Kanuha, Council Chair _ - and Members of the County Council County of Hawai`i 25 Aupuni Street r9 _" Hilo,HI 96720 t„ Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application(REZ 15-000191) Applicant: Nimr Tamimi Request: RS-10 to CN-20 /Tax Map Key: 2-2-034:083 'Amendment to Change of Zone Ordinance No. 94-06 (REZ 758) Applicant: Eric Hoota Request: Five-Year Time Extension to Condition E (Complete Construction) Tax Map Key: 2-2-024:008 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, WILLIAM P. KENOI Mayor MTransC ouncilTamimiREZ 15-l 91 HootaREZ75 8 Enclosures cc: Planning DepartmentComm. No. S < 8.11, � D C1 Ref. To: OCT1P5 Ref, Date2015 County of Hawai`i is an Equal Opportunity Provider and Employer. I•' ` '" •rt: County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 OCT 1 2 2015 Dru Kanuha, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 94-06 (REZ 758) Applicant: Eric Hoota Request: Five-Year Time Extension to Condition E (Complete Construction) Tax Map Key: 2-2-024:008 The Windward Planning Commission, at its duly held public hearing on October 1, 2015, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 94-06. The property is located on the southeast(Puna-makai) corner of the Kino`ole and Lono Streets intersection in Waiakea House Lots, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants request a 5-year time extension to comply with Condition E of Change of Zone Ordinance No. 94 06, which states: "Construction of the proposed commercial development shall be completed within three (3) years from the effective date of this ordinance." 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 construction be completed by January 26, 1997. In 1996, the Planning Director issued an administrative time extension until January 26, 2000 to complete construction. The applicants are requesting a 5-year time extension from the date of approval of this proposed amendment to complete construction of a medical office building or other commercial development. They have been unable to proceed with construction of the project due to unforeseen personal health issues and the recent recession. However, they are committed to completing construction of an office building to accommodate a dental laboratory and financial services office for the applicants, businesses that they currently conduct in other locations in Hilo, and other commercial opportunities. 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. Conditions of the change of zone ordinance required that the applicants secure water commitments from the Department of Water Supply(DWS) and secure Final Plan Approval for the proposed commercial development from the Planning Director. It does not appear that water commitments have been secured to date, however in their memo dated July 31, 2015 the DWS indicated that County water is still available for the proposed development. Additionally, in 1995 the applicants secured Final Plan Approval for an approximately 13,000-square foot office building and related improvements. In 2006, the existing dwelling was demolished in anticipation of developing the property. The applicants have been unable to complete development of the property due to unforeseen personal health issues that affected their ability to market the property and the recent recession which limited their ability to secure financing. However, the applicants remain committed to completing the commercial development as evidenced by their continued ownership of the property for over 20 years. Thus, the applicants have 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 the rezone was approved in 1994. At that time the General Plan LUPAG Map designation for the Dru Kanuha, Council Chair and Members of the County Council Page 3 property was the same that it is today, High Density Urban. This designation allows for general commercial, multiple family residential (up to a density of 87 units per acre), and related services, thus the current General Commercial (CG) zoning is consistent with the General Plan designation. A comprehensive change was made to the Zoning Code in 1996, two years after the rezone was approved. Plan Approval No. 2987, which was issued in 1995, included reduced off-street parking, minimum yards, and landscaping requirements than the current Zoning Code. For example, there was no minimum side yard requirement for the property in 1994, whereas today the minimum side yard requirement is 15 feet. The off- street parking requirement also increased from 1 parking stall per 400 square feet of gross floor area to 1 parking stall per 300 square feet of gross floor area. Additionally, in 2008 the County Council adopted concurrency requirements in the Zoning Code which will require that the applicant complete a traffic impact analysis report and mitigate any adverse impact prior to developing the property. Based on these significant changes in the Zoning Code since the rezone was originally granted, the Planning Director has invalidated the original Plan Approval No. 2987, and will require the applicants secure a new Plan Approval for the proposed commercial development based upon the current Zoning Code. The Department of Public Works (DPW)has recommended that in addition to the current conditions of approval related to frontage improvements to Lono Street, the applicant install a full width concrete sidewalk along the property's Kino`ole Street frontage. There are currently curb, gutter and sidewalk improvements along the property's Kino`ole Street frontage,but the sidewalk has only 4-foot wide pavement and 6-foot wide grass rather than the standard 10-foot wide paved sidewalk recommended by DPW. With the addition of a condition to address DPW's recommendation, the amendment request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. This favorable recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with uses permitted within the General Commercial zoning district, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act Dru Kanuha, Council Chair and Members of the County Council Page 4 (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 94 06. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 94 06 is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck-through; new material is underscored. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a copy of the hearing transcript will be forthcoming under separate cover for your information. Sincerely, \\V /I 6 is Myles Miyasato, Chairman Windward Planning Commission LHootaAmendREZ75 8 wpc2 Enclosures cc: Eric Hoota Department of Public Works Depai tnient of Water Supply Department of Land &Natural Resources-HPD William Brilhante, Esq., Corporation Counsel BHootaAmendREZ.mjj 9/22/15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ERIC AND JOSLYN HOOTA AMENDMENT TO CONDITION E CHANGE OF ZONE ORDINANCE NO. 94 06 (REZ 758) ERIC AND JOSLYN HOOTA request an amendment to Conditions E(complete construction) of Change of Zone Ordinance 94 06, which rezoned approximately 26,770 square feet of land from Single-Family Residential-10,000 square feet(RS-10) to General Commercial- 10,000 square feet(CG-10). The property is located on the southeast(Puna-makai) corner of the Kino`ole and Lono Streets intersection in Waiakea House Lots, Waiakea, South Hilo, Hawai`i, TMK: 2-2-024:008. PROPOSED ACTION 1. Request: The applicants request a 5-year time extension to comply with Condition E of Change of Zone Ordinance No. 94 06, which states: "Construction of the proposed commercial development shall be completed within three(3) years from the effective date of this ordinance." This condition required that construction be completed by January 26, 1997. In 1996, the Planning Director issued an administrative time extension until January 26, 2000 to complete construction. The applicants are requesting a 5-year time extension from the date of approval of this proposed amendment to complete construction of a medical office building or other commercial development. 2. Reasons for Request: The applicants have been unable to proceed with construction of the project due to unforeseen personal health issues and the recent recession. They are committed to completing construction of an office building to accommodate a dental laboratory and financial services office for the applicants,businesses that they currently conduct in other locations in Hilo, and other commercial opportunities. 3. Supportive Information: The applicants, who are the landowners, have submitted the attached in support of the request: (Planning Department Exhibit 1 —Letter from Eric Hoota dated June 30, 2015 requesting a time extension) Re: Bill 109/Conn. 524 -1- BACKGROUND INFORMATION 4. January 26, 1994: Effective date of Ordinance No. 94 06, which rezoned approximately 26,770 square feet of land from Single-Family Residential-10,000 square feet(RS-10)to General Commercial-10,000 square feet (CG-10). (P.D. Exhibit 2- Ordinance No. 94 06) 5. February 15, 1995: Final Plan Approval issued by the Planning Director for an approximately 13,000-square foot office building and related improvements. Section 25- 2-7 of the Zoning Code states that whenever an approval, such as a Final Plan Approval, has not been utilized within two years from the date of approval, the Director shall initiate proceedings to invalidate the approval. Since the Final Plan Approval for the proposed development was issued 20 years ago and significant changes were made to the Zoning Code since this approval was issued, this report serves as notice that the Director will invalidate the approval and require a new Plan Approval for commercial development of the property. (P.D. Exhibit 3- Final Plan Approval No. 2987) 6. October 30, 1996: The Planning Director issued a 3-year administrative time extension until January 26, 2000 for the applicants to complete construction. (P.D. Exhibit 4- October 30, 1996 Planning Department letter) 7. November 9,2006: Building Permit No. B2006-2943H was issued to the applicants for the demolition of an existing dwelling on the property. STATE AND COUNTY PLANS 8. State Land Use Designation: Urban. 9. General Plan LUPAG Map: High Density Urban. 10. County Zoning: General Commercial- 10,000 square foot minimum lot size(CG-10). 11. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 suggests a Multiple-Family Residential-4,000 square feet (RM-4) zoning district for this area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property: The property is rectangular shaped and the topography is relatively level. A single-family dwelling that was built on the property around 1962 was demolished in 2006. The property is currently vacant of structures except for a fence around the property boundaries. -2- 13. Surrounding Zoning/Land Uses: Surrounding properties are zoned Single-Family Residential— 10,000 square feet(RS-10) and primarily in residential use. The property to the north across Lono Street is zoned General Commercial—20,000 square feet(CG-20) and is the site of a credit union. The property to the northwest across the intersection is zoned Neighborhood Commercial— 10,000 square feet(CN-10) and is developed as a medical office. 14. Flood Zone: Zone"X", an area determined by FEMA to be outside the 500-year flood plain. 15. Flora/Fauna Resources: No formal flora/fauna study was submitted with the application as the site has been used extensively for residential purposes for several decades. 16. Archaeological Resources: It is highly unlikely that any archaeological, cultural or historic sites are present on the property as the property has been fully development with a dwelling from about 1962 to 2006, when it was demolished. In a letter dated August 25, 2015, the State Historic Preservation Division determined that no historic properties will be affected by the rezone since because the property has been subject to residential/urban development. 17. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. 18. Public Access: There is no record of public access that traverses the property. 19. Traffic: According to the Institute of Transportation Engineers Trip Generation Handbook 7th Edition, a 13,000-square foot medical office building is estimated to generate about 58 peak hour trips during the p.m. peak period. PUBLIC UTILITIES AND SERVICES 20. Access: Access to the property is from Lono Street and Kino`ole Street, which are County roads. Lono Street has a pavement width of 20 feet with no sidewalk improvements within a 60-foot wide right-of-way. Kino`ole Street has a pavement width of 36 feet with 10-foot wide (4-foot paved, 6-foot grass) sidewalks within a 60-foot right- of-way. 21. Water: County water can be made available to the site. 22. Wastewater: The property is located in an area that the Department of Health has -3- designated as a Critical Wastewater Disposal Area. The property will connect to the existing public sewer system. 23. Solid Waste: Solid waste will be disposed at the Hilo landfill. 24. Essential Utilities and Services: Electricity and telephone are available on the property. AGENCIES' COMMENTS 25. Department of Public Works- Engineering Division: P.D. Exhibit 5—July 28, 2015 memo 26. Department of Water Supply: P.D. Exhibit 6—July 31,2015 memo 27. Department of Environmental Management-Wastewater Division: P.D. Exhibit 7— July 20,2015 memo 28. State Department of Land and Natural Resources (DLNR)- State Historic Preservation Division: P.D. Exhibit 8—August 25,2015 memo 29. DLNR-Land Division: P.D. Exhibit 9—August 5, 2015 memo AGENCIES-NO COMMENTS/CONCERNS 30. Police Department, Fire Department, Department of Environmental Management- Solid Waste Division, State Department of Health, State Department of Transportation. AGENCIES-NO RESPONSE 31. Department of Public Works- Building Division, State Office of Planning. PUBLIC COMMENTS 32. None as of the date of this writing. -4- June 30, 2015 i :3 Mr. Myles Miyasato, Chairperson Windward Planning Commission County of Hawaii Planning Department 101 Pauahi Street, Suite No. 3 Hilo, HI 96720 Dear Mr. Miyasato, SUBJECT: Request for Time Extension Change of Zone Ordinance No. 94- 6 TMK: 2-2-024: 008,Waiakea, South Hilo, HI Our 26,770 square foot parcel in Hilo was rezoned to General Commercial (CG-10)through the adoption of Ordinance No. 94-6, effective January 26, 1994. This parcel is located on the south corner of Kinoole and Lono Streets in the immediate vicinity of other commercial properties that include a medical office complex, Big Island Educational Federal credit union, food establishments, service businesses &offices. Approval of this rezoning is subject to a number of performance conditions, one of which (Condition E) required the completion of the proposed commercial development by January 26, 1997. In 1995,conditional plan approval for a proposed 13,000 square feet building was issued by the Planning Department. In anticipation of the development of the property,the existing residence was demolished. A request for time extension was granted until January 26, 2000 as provided for by Condition N of said ordinance. Despite our best efforts, to date, we have not been able to proceed with and complete the project. The proposed development was impeded in years subsequent to the issuance of the conditional plan approval in 2000 by personal health issues that affected our ability to actively market and complete the project. In addition, havoc in the financial markets created an economic hardship that hindered the financial viability of the proposed project. These unforeseen personal and financial challenges combined with timing issues since the rezoning approval increased the development risk and as a result,the project has not been completed as originally planned. We have retained the property over the years in anticipation of completing a development that would satisfy our personal needs by providing a facility that would accommodate a dental laboratory for myself and a financial services office for my wife; businesses that we currently conduct at other locations in Hilo. While we were not able to complete this commercial project within the timeframe prescribed by the ordinance, we remain committed to see its completion as evidenced by our continued ownership of this property for over 20 years. We are not speculative developers;,rather, a local family seeking to create a permanent home for our businesses and possibly other commercial opportunities. Planning Dept. 0 9 9 5 9 5 Exhibit �____ Mr. Myles Miyasato Chairperson Windward Planning Commission June 30, 2015 Page 2 of 2 We now feel that the financial and market environments are supportive of us actively pursuing our project once again. Therefore, we are requesting an extension of time of five (5)years to complete the proposed commercial development,with the option of one administratively- issued time extension. We continue to recognize and intend to comply with the performance and regulatory compliance requirements included within the ordinance, such as roadway and sewer improvements. Enclosed are twenty (20)copies of this letter, a list of the surrounding property owners within 300 feet of the property, and a $250 filing fee. We respectfully request that a favorable consideration of our request by the Windward Planning Commission be forwarded to the Hawaii County Council. Please feel free to contact us should there be any questions. Sincerely, /� Eric Hoota 325 Kalili Street Hilo, HI 96720 (808) 935-3585 Enclosures COUNTY OF 1-TAWATT STATE OF HAWAII BILL NO. 163 ORDINANCE NO. 94 6 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-24 : 8 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall he General Commercial (CG-l0) : Beginning at the northeast corner of this parcel of land, being also the northwest corner of Lot B-1 and on the southerly side of Lono Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3, 116. 19 feet South and 6, 595 .53 feet East, thence running by azimuths measured clockwise from true South: 1. 328° 10 ' 103 . 50 feet along the remainder of Grant 9294 to Chow Leong Choy (Lot B-1) ; 2 . 238° 10 ' 9 . 50 feet along same; Planning Dept. Exhibit 2 ____ 3 . 328° 10 ' 63 .20 feet along same; 4 . 58° 10 ' 167.00 feet along Grant 9048 to Mrs. Emelia Rapoza; 5 . 148° 10' 146 .70 feet along the easterly side of Kinoole Street; 6 . Thence along the southeast corner of the intersection of Kinoole Street and Lono Street on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 193° 10 ' 28.28 feet; 7. 238° 10 ' 137. 50 feet along the southerly side of Lono Street to the point of beginning and containing an area of 26, 770 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2 . This change in district classification is conditioned upon the following: (A) the applicant, its successors, or assigns shall be responsible for complying with all of the stated conditions of approval; (B) the applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this ordinance or relating to or connected with the approval of this ordinance; (C) the applicant shall submit the required water commitment -2- payment to the Department of Water Supply in accordance with its "Water Commitment Policy" prior to the submittal of plans for Plan Approval or Subdivision review, whichever is applicable; (D) Final Plan Approval for the proposed commercial development and related improvements shall be secured from the Planning Director. Plans shall include landscaping along the project site' s northeastern and southeastern boundaries for the purpose of mitigating any potential adverse noise and visual impacts to adjoining parcels; (E) construction of the proposed commercial development shall be completed within three (3) years from the effective date of this ordinance; (F) access to the subject property from Kinoole and/or Lono Streets shall meet with the approval of the Department Public Works; (G) roadway improvements to Lono Street, to include curb, gutter and sidewalk improvements for a 60-foot wide right-of-way, shall be provided along the project site ' s entire Lono Street frontage, with the exception of access points, in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy for any portion of the proposed commercial development or the issuance of Final Subdivision Approval, whichever is applicable; (H) drainage improvements, if required, shall be installed in a manner meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy for any portion of the proposed -3- commercial development or the issuance of Final Subdivision Approval, whichever is applicable; (I) the proposed commercial development shall be connected to an existing sewerline located along Kinoole Street for the purpose of wastewater disposal. Sewerline connection shall be accomplished in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed commercial development; (J) should any unidentified sites or remains, such a's artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Director immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken; (K) comply with all applicable laws, rules, regulations and requirements of the affected agencies; (L) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of this ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; (M) should the Council adopt a Unified Impact -4- 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; and, (N) an initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the general plan or zoning code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i .e. , a condition to be performed within one year may be extended for up to one additional year) ; and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant ' s request to the County Council for appropriate action. 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. -5- 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 MEMB R, COUN OF HAWAII Hilo, Hawaii Date of Introduction: December 22 , 1993 Date of 1st Reading: December 22, 1993 Date of 2nd Reading: January 12, 1994 Effective Date: January 26, 1994 APPROVED AS TO FORM AND LEGALITY: `- -iQ K _Q DEPUTY CORPORATION COUNSEL DATE: OCT 2 1 1993 -6- • KAMAN/EN STREET , f C - R� Z I < cc1- - 0 1.20-.3.75* �.• ,,, i,/ �' jl z CG-7.S L - 125-10 R3-fo R�3'10 Ctj-7-5 ��r .. s oe r r4a-1e �!„ co-7 s IQS-to W I • IQs-10 I co-'7.0 • I imr'''''s CG-7.3 Li; • 3,It6i•t�J 9 �II 19.io' L.ONO z8�* 'trig- STIQEET R•�o_o0 l ( .1 I r, /;'2 i./ 31.5*1O' Ce- I'QD-3-7�' ry. t / fossa r : -zo L 0 x, �.co10 LA r m Rs-1e set /> 'ii, %,, Rs{1e + p t- %C'.;/2;////'''_ 4 325 Ib' 1 Qq I/I 3a' to'+- 1¢s ro j(f 7c7.eo 1¢s-10 > 0 7 N 20 .. 0 .. I _ rZS-1c Z .J G6-20 1f() 0 Z r .. ^ w r Qx res-ro ea-Io U J a CG-2.O Z . D19.0-10 MS-10 .. Rs-I0 Z •-u1tirvIiiiRa4T7' LAN I KAUL-A STREET kny x 9UNeLE !°AM1LY l I -1���L�,yV Rw8)DCNTIAL 01? -lo) TO are - s-,o 1'2 1-4- 1 res- 10 6BNEi>QAL COty fr1CRCIAL (G6-)c) j o ....1ARLA = 2.G,770 6i_ r-r. —1 AMENDMENT TO THE ZONING CODE AMENDING SECTION -2. -II4 (c1T7 of titL-O zONE MAP) ARTICLE 3, CHAP`TE)Q '2S (zoNING CODE OF THE HAWAII COUNT-7' CODE, 137 CHANt31t't6 Tt1E O1*..s- TRICT CLASSIFICATION FROM 45INGL.E FAM1L.'7' REIS1OENT1At- CRS-10) -T 0 GeNet?AL. CoM?v 1ERcPAL (CG-lo) AT WAIAKEA, SOUTH HIL, KA2"J )1- PREPARMO B?' ` PLANNING t,tsPP TM ENT court-r7 C,F f- rsiA11 TMK _ 2-2--24 . 6 S0taT_ -2.s, is SS EXHIBIT UAtt ( 721C. AND J09L7'N HooTA) Il 4 February 15, 1995 Mrs . Joslyn E. Hoota 325 Kalili Street Hilo, HI 96720 Dear Mrs . Hoota : Plan Approval Applied For : HOOTA DEVELOPMENT OFFICE BUILDING AND RELATED IMPROVEMENTS TAX MAP KEY: 2-2-24 : 8, PA 2987 We have reviewed and processed plans received under Plan Approval received November 23, 1994 . Enclosed is copy of Final Plan Approval sheet with conditions for perusal and file. Should you have any questions, please do not hesitate to contact us . Sincer ly, 44761119 / II VI NIA GOLDST IN P1 n ing Director WRY:dmo 5996D Enclosure xc: REZ 758 00 � 2 f. F Fr () .s € `r COUNTY PLANNING DEPARTMENT FINAL• PLAN APPROVAL Applicant HOOTA DEVELOPMENT Date January 31 , 1995 Tax Map Key 2-2-24 : 8 , Lot A-1-B Location S . Hilo Proposed Use Office Building and related building improvements. Zone CG-10 , Rez No. 758 Parcel Area Lot A-1-B Subdivision No. 4500 As shown on Plan recd 11/23/94 Comments Front Yard Proposed building OK X Yard location per site plan OK Side Yard OK Note landscaping detail Ht. of Structure proposed 1 story OK Access to Parking building per plan OK Access location and right -of-way (s) New access via Lono Street subject to DPW. See Conditions Off Street Parking 33 stalls OK Use : Dental Office , Suite No. 101 , 30 standard 102 , 105 , and 106 or four (4) practi- 2 compact tioners .Five (5) spaces for each 1 Handicapped professional practitioner 20 stalls required. See conditions . Office Use: Suite No. 103 and 104- sav 1747 s. f./400 s.f. (stalls)= 4. 3675 stalls. Total 24 3/6 or minimum 24 stalls required. See Conditions. ADA acessuble routes) to an accessible building entrance shall comply with Loading and Americans with Disabilities Act Udngdnd Space accessibility guidelines . See Conditio: Density Fencing: Material Chin OK Height Etg. OK Location Etg. OK Landscaping plan rec'd 1/13/95 OK See Conditions REZ No. 758 OK Ord No. 94-6 See Conditions Firm Subject to ordinance Condition/DPW requirements . CD p tir,„ Others Conference with applicant OK Re: Use/Landscaping plan. on January 6 , 1995 . Conditions: SF kTT4TruEn EET_ • Dire tor FEB 2 2 1995 Date PD 09/85 (7321A/9A) Plan Approval No . 2987 Page 1 _ February 15, 1995 CONDITIONS 1. The applicant, successors, or assigns shall be responsible for complying with the conditions of Ordinance 94-6 ; Construction of the proposed industrial shall be completed on or before January 26, 1997; 2 . Access to the subject property from Kinoole and/or Lono streets shall meet with the approval of the Department of Public Works; Improvements to and within the Kinoole and Lono Street(s) along the frontage of the subject parcel(s) shall be constructed, including curbs , gutters, sidewalks, and dedication of necessary turning radius, and such approval shall be constructed in accordance with the requirements of the Department of Public Works in a matter meeting with the approval of the Department of Public Works , prior to issuance of a Certificate of Occupancy for Commercial development; Drainage improvements shall be installed in a manner meeting with the approval of the Department of Public Works prior to issuance of a Certificate of Occupancy for the proposed commercial development; The proposed commercial development shall connect to existing sewerline located in or along the Kinoole Street right-of-way and comply with the State Department of Health Rules and Regulations; 3 . The off-street parking spaces and required loading spaces shall be paved and striped prior to issuance of the Certificate of Occupancy; 4a. Landscaping, pursuant to proposed landscaping plan received January 13, 1995, shall be planted and established prior to issuance of Certificate of Occupancy; 4b. Applicant and/or landowner to be responsible for maintenance and upkeep of approved landscaping; 5 . The demolition of existing building improvements and further grubbing, grading of the property prior to the construction of the proposed development shall comply with the Department of Public Works regulation(s) and should any unidentified sites or remains, such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Director shall Immediately notified. Subsequent work shall proceed upon an archeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken; .j1 of Plan Approval No . 2987 Page 2 February 15, 1995 6 . The applicant shall comply with all applicable laws, rules, regulations and requirements of the affected agencies; 7 . The future tenants shall be informed that Final Plan Approval must be secured before establishment of any business; and, 8 . The signs shall comply with the county sign ordinance. - - ___ ,. — .2: I" o . i 1 - :, •-: 1 - . - t.' I; / 5.. r----- 7.,i;•:':•] I • '-'. a i- ,, Z Li 5 rr -r;i1;;,•.r,:: ; 03 01, - ',..- "t tli '''i :;t;'.::. t:'-,;,!• , ,,,•..,,- . , -,, U. •:•'•'',`•:',r 1.° 0 •,, 2 r f.'t... '-1. ! ''' -'1'.'-'•.•-•,...4 •6 0 I 8 - 1.!--P.-...•ri i7t ! '....••1.,•';‘,•..,'; : ... ,',, f_. 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C � •' N ,i i u- b !._ i� ��- 0 , _-�� I,r------ ---- ---M-----V--- -.3______27'_ • E l 4 Y a l • F u 2m m 00 Y 2 G Y, J U 3 0 •3 Ql °' — — J 3: a • - Zr OEC o° giNt a) z co a) •)-+ co co •'-1 a) er k a) O N O N a) •r1 CT A 0 x (7 a)4 01: 0 ,,\ As, $4 •♦J -1-1 a) _::1a) rd +� 0,� A 4 al a) t,1 *^i x 41 s* 4c0 N I no . .4... , (7 �JeWC3' *St",,,, o o e 1 ILI .. -,. / .. -go- & lir_ I 0 % y U " a) �� e•s � : iia'.r �, ro • �A. 9: > a) I •r-I :1 :> Q 0 a) a' ` 4{a ,� v:: V cp ** , 39,40 • Foa, cp .f 1,.,,,-* ree 0, ..,-fo. v,,,,puip,__ 6441* j O4 O < O U x Ct) co A 0 •• 2 >4 ci+ g4 r-I N ON A1'] 1 W N QS 0 W U •• O •r•1 g a• WH o 4 7.` tvosp Stephen K.Yamashiro • \,1,;;* Virginia Goldstein Mayor �t s*i Director y • Norman Olesen •,,'1•'7Tp OF�H�'� Deputy Director Count of pxfuntt PLANNING DEPARTMENT 25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-4252 (808)961-8288 • Fax(808)961-9615 October 30, 1996 Ms. Joslyn E. Hoota 325 Kalili Street Hilo, Hawaii 96720-4061 Dear Ms. Hoota: Change of Zone Ordinance No. 94-6 (REZ 758) Applicant: Eric and Joslyn Hoota Subject: Extension of Time to Condition E (C-o6plete Construction) Tax Map Key: 2-2-24:8 This is to acknowledge receipt of your letter on October 21, 1996 requesting an administrative extension of time. This also confirms conversation between you and Susan Gagorik of this office on October 30, 1996 clarifying that the request is for Condition E. Condition E requires that construction be completed within three years from the effective date of the ordinance or by January 26, 1997. Your letter states that delays for the final phase of the project are due to your awaiting notification from a prospective tenant for one or more build-to-suit units which will encompass a major portion of the proposed development. The Planning Director has determined that the non-performance is a result of circumstances beyond the control of the applicant and not a result of fault or negligence, and hereby grants you a 3-year extension of time or until January 26, 2000, in which to complete construction. Please be informed that should you require an additional extension of time, your request with reasons, 15 copies of your request and a $100 filing fee must be forwarded to this office. Your request will be forwarded to the Planning Commission who will forward a recommendation to the County Council. _ k:z_ SCANNED I /� Ms. Joslyn Hoota Page 2 October 30, 1996 Please also be reminded that in accordance with Condition L of your ordinance, an annual progress report shall be submitted on the anniversary date of your change of zone ordinance or by January 26 of every year. Please comply with this requirement by reporting on the status of your development as well as any progress in complying with conditions. Should you have any questions regarding the above, please contact Susan Gagorik or Alice Kawaha of this Department at 961-8288. Sincerely, \ I\iVti\/\;; 4611C4fP)i VIRG NIA G DSTEIN SG:jkg f:\wpwin60\susan\lhoota01.skg cc w/ltr: Planning Commission County Council DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: July 28, 2015 Weeffidtgadafft TO: Duane Kanuha, Planning Director ep FROM: erpv Department of Public Works, Engineering Division g g v sion SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE 94 6 (REZ 758) Applicant: Eric Hoota Request: Five-Year Time Extension to Condition E(Complete Construction) Tax Map Key: 2-2-024: 008 We have reviewed the subject request forwarded by your memo dated July 9, 2015 and offer the following comment for your consideration. We recommend the applicant improve Kinoole Street with a "full width" concrete sidewalk along the subject property's entire Kinoole Street frontage complying with the Department of Public Work's standard detail R-34. (Currently there exists a 4'wide concrete sidewalk which should be widened to 10' - up to the existing curb) Questions may be referred to Kelly Gomes at ext. 8327. lanning Dept. 10006 Exhibit --- County of Hawaii is an Equal Opportunity Provider and Employer DFJ1NATg`R S` DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO`A STREET. SUITE 20 • HILO, HAWAII 96720 OFHA_.Wp1\; TELEPHONE (808) 961 -8050 • FAX (808) 961-8657 July 31,2015 TO: Mr. Duane Kanuha,Planning Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 94-6 (REZ 758) APPLICANT—ERIC HOOTA REQUEST: FIVE-YEAR TIME EXTENSION TO CONDITION "E" (COMPLETE CONSTRUCTION) TAX MAP KEY 2-2-024:008 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 8-inch waterline within Kino`ole Street as well as from an existing 6-inch waterline within Lono Street, both fronting the subject parcel. There is an existing 1-inch service lateral assigned to the subject parcel capable of accommodating a 5/8-inch meter,which is limited to an average daily usage of 400 gallons. The Department has no objection to the proposed change of zone application, subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. The water usage calculations should include the estimated peak flow in gallons per minute and the total estimated maximum daily water usage in gallons per day, including all irrigation use. Upon receipt of the water usage calculations above,the Department will make a determination as to the water commitment deposit amount and prevailing facilities charge,which is subject to change,to be paid. Based on the water demand calculations,the Department will determine the appropriate service lateral and meter size required. The existing service lateral will need to be cut and plugged. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, by a licensed contractor, within five (5)feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before commencement of water service. r €` cicirming Dept. f Exhibit 6 100150 . . .Water, Our Most Precious.9esourc.e . . . I(z 'Ii ai A "(ane . . The Department of Water Supply:s an Equal Opportunity prov!der and employer • Mr. Duane Kanuha, Planning Director Page 2 July 31,2015 3. Please be informed that the nearest fire hydrant capable of providing fire protection to the subject parcel is within the distance required per the Department's Water System Standards. Furthermore,the existing 8-inch waterline within Kino`ole Street is looped and,therefore, adequate to provide 2,000 gallons per minute of fire protection, as required by the Department's Water System Standards. 4. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, CCIi/1rt/44z/'- 0,1 Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dmj copy— Mr.Eric Hoota eta: William P.Kenoi : .�4'' "' \ �'.: BJ Leithead Todd Mayor • =- Director Walter K.M.Lau ,, John A.Medeiros Managing Director Deputy Director Carty d Handl DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a,Suite 41 • Hilo,Hawai'i 96720 (808)961-8083-Fax(808)961-8086 http:,;`ha saiicount�.Dov/environmental-nanaeement! MEMORANDUM Date : July 20, 2015 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director Subject: Amendment to Change of Zone Ordinance No. 94 6(REZ 758) Applicant:Eric Imla- 4A-0 7-A- Request: Five-Year Time Extension to Condition E(Complete Construction) TMK:2-2-024:008 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: LyleWASTEWATER COMMENTS: (Contact Wastewater Division for details.) Hirota _...�( ) No comments ( X) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawai'i County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. ( X) Check or line out as applicable: [X] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ]applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: r,n nq Dept. County of Hawai`i is an Equal Opportunity Provider and Employer. EXhibit 7 ... - SUZANNE D.CASE DAVID Y.IGE . S F Hq \ CIO1 HAIRPSON GOVERNOR OF HAWAII ,(P 1959 .1 BOARD OF LAND AND NA TURA!.COMMISSION ON WATER RESOURCE MANAGEMENT 5 i 1 a KEKOA KALUIIIWA dOd i f •1, 1 i -'1. C n FS1SF DEPUTY jl , j Zeot��4d� i y,.j. DE ROY HARDY la �q Fa € �/ AC TING DEPUTY DIRECT -WATER 's•'L '-*..:'F'' . �,..� AQUATIC RESOURCES BOATING AND OCEAN RECREATION -'1 BUREAU OF CONVEYANCES r�"'^� COLA ISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS .�5 STATE OF HAWAII CONSERVATION AND RESOURCES ENFORCEMENT --..‘y.„4.--1.---, _ ENGIJEFRING State OfHm'tB0 DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY �AND RVA O KAHOOLAWE ISLAND RESERVE COMMISSION D STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEr,HAWAII 96707 August 25,2015 MEMORANDUM Log No:2015.02692 TO: Russell Y.Tsuji,Land Administrator Doc No: 1508SN15 DLNR Land Division Archaeology Via email to:Russell.Y.Tsuji(ai,hawaii.gov 1 FROM: Morgan E.Davis,Lead Archaeologist Maui Section SUBJECT: Chapter 6E-42 Historic Preservation Review- Amendment to Change of Zone Ordinance(RZ 758);Request for a Five-Year Time Extension to Condition E(Complete Construction) Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK(3)2-2-024:008 Thank you for the opportunity to review this request that was received by our office on July 17, 2015.The request indicates the land owner needs additional time in order to comply with Condition E(Complete Construction) of the change of zone ordinance in order to satisfy several performance conditions for the rezoning of the subject parcel. Due to several unforeseen circumstances, that applicant has yet to complete Condition E. The applicant plans to construct a 13,000 square foot commercial building on the 0.6146-acre parcel.A review of our records indicates that there are no known archaeological sites and there has been no archaeological inventory survey(AIS)of this project area. The parcel has been subject to residential/urban development.Based on their current condition it is unlikely that any surface historic properties remain.SHPD believes that the aforementioned request for a time extension and proposed activities associated with the C1Z would result in no historic properties affected. Please contact Sean Naleimaile at(808) 933-7651 or Sean.P.Naleimaile(ahawaii.gov if you have any questions or concerns regarding this memorandum. Planning Dept. 7.2,-13 i Exhibit__8___ ra 0 b �' `' f • �•o''f DAN ID 1'.ICE t'.:..740 mssi SL'Z.}'�NF D.CASE tit n'I ItNt llt t11 f1:\L\'.UI L" - tit‘0t1410,Na t „�r `}�i „„AR„.„I\N111VI,N\i i kF\t tI'lu'I_� (•01 1 7.11‘11,,H if 11,,H N I A1'N'A 11.k k1.Ct rl'Id'1:AIA\NALI,MI:NI Mj a • `o�`at and Naf` y}� M;n ' '~ STATE OF HAWAII ke, DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 stare oft-1200 HONOLULU.HAWAII 96809 August 5, 2015 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: jdarrow@co.hawaii.hi.us 10l Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: SUBJECT: Amendment to Change of Zone Ordinance (REZ 758); Request: Five-Year Time Extension of Condition E (Complete Construction), Eric Hoota, Applicant, South Hilo, Hawaii,TMK: (3) 2-2-024:008 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time,enclosed are comments from the Engineering Division on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. DLNR Divis.410= Russell Y.Tsu i Land Administrator Enclosure(s) 3 Y Planning Dept, AJ - 7 2u : Exhibit 1 6 \gs 9 1 DV,ID l.1GE e Q\lLt `t //•�j ti1711\F n CASE lic l\'1•I:Atlk<N Iit U'.\II .i MMlU.. III,U11.•f1.1 Rif. i>tM Ntilliqu RI 1 ki Ml (� hN]R.II N.K VI MI 1<RI.N n2K< Al\N�iI SII�1 jM$ c` di ; I F` ' STATE OF HAWAII 10S '- N DEPARTMENT OF LAND AND NATURAL RESOURCES • LAND DIVISION \ 3t POST OFFICE BOX 621 Sf4re of 14a4‘4' HONOLULU,HAWAII 96809 July 15, 2015 MEMORANDUM DLNR Agencies: _Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Enreerng Division _Div. of Forestry& Wildlife Div. of State Parks 'i _Commission on Water Resource Management _Office of Conservation & Coastal Lands X Land Division—Hawaii District X Historic Preservation F,M: ---Russell Y. Tsuji,Land Administrator SUBJECT: Amendment to Change of Zone Ordinance (REZ 758); Request: Five-Year Time Extension to Condition E(Complete Construction) LOCATION: South Hilo,Hawaii. TMK: (3) 2-2-024:008 APPLICANT: Eric Hoota Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by August 4, 2015. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request. please contact Kevin Moore at 587-0426. Thank you. ( ) We have no objections. ( ) We have no comments. ( /5 Commits are}att hed. / ert , Signed: f '!�i Print names r r" p ,,,,a.,... Date: , t%t� cc: Central Files r' DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y.Tsuji Ref.:Amendment to Change of Zone Ordinance,Request Five-Year Extension to Condition E (Complete Construction),Waiakea Hawaii.039 COMMENTS () We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Flood Zone (X) Please take note that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Zone X. The National Flood Insurance Program(NFIP)does not regulate developments within Zone X. () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is . 0) Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR), • whenever development within a Special Flood Hazard Area is undertaken. If there are any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of • Land and Natural Resources,Engineering Division at(808)587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFl1'Coordinators below: {} Mr.Mario Siu Li at(808)768-8098 of the City and County of Honolulu,Department of Planning and Permitting. {} Mr.Carter Romero(Acting)at(808)961-8943 of the County of Hawaii,Department of Public Works. {) Mr.Carolyn Cortez at(808)270-7253 of the County of Maui,Department of Planning. {) Mr.Stanford Iwamoto at(808)241-4896 of the County of Kauai,Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: () Other: Should you have any questions,please call Mr.Denni c+:da of e P mining Branch at 587-0257. Signed: //A C• • iv • EF ENGINEER Date: 3 ��5 • :. State of Hawaii .. FLOOD HAZARD ASSESSMENT REPORT i,. . . - -,,„, ,....--. si F"'", " i." 2,_,Irt. _ .111111111111111111111 IMMUNE MINK Ntip� ."• �{ ~ ',fir 'sit , J !I!!J!• 7. .� � . •t" ' . :rt t.Lx`yt I' ' or.....-,--,,\.� .° 1• /! i •.-.' x it,, � ,arra'l�■�itlE�7tpp Er.i r1 i y .„.,,,„..., ..„„.....„„\ " y -`. iy��ar..rr� in s�*41l�r�11lirJ�i It■►_{ti■■ SII„" : t ''',/0'.:,;54',,14 s.r r LaiNit l j'l�Ilti ■rI��1`t r.' N- ,7 t ti / ' a�'.i .: Ems( . r- A fps t' ,, +. .- \ --_,1 6Q ±+''',,,, -...z.,,,,,....,,,,,,--•••,,,:••,-,.\--;•,•_.;•. t`` j scri ■�■; ra,ilitill■—'�i■■ 4� Ytt7r#d• 'tA �t>i• • \ ' :c i IL'swili c��?14T.�T:1!! ■1♦"1 12, .R•\ l.T.INTRI)r .. • 4.1 I"tt /'1•!t1�= 1111•111■■!t 1111■■■:if/■■_:.5+'■ 08t' f '= `"g ' .o ' "' _E'w t":''i N• 1� - iliL' l leA�3l ill//-.rU Y. :, F k k� f.1, slip f�I::!111:/I :/' /i� 11111 .41 II t ,,,,. ,,..,,,...-1,.„.-- ,,‘.,, f ��iTr7■'1[^ Limigm—i 1 Y% • h ~r �j,7 - .I� 1 7 , Jto t + x - �� ,� �i..fi t\• ,:i. a 1r1'7! ir r-A `� •'' 4'1::: t�'yJ,Y�- �5�,��-"A�' ';'.4'' t w�t:� t �L�: R �=k���,��rtt I I ?�� 1` ties .-, ','•.,.\--.1':::1,...:-'\ A"-.).`‘. .el-" , V-• ',:-a utvu 1 h>F N.:1"::1'":„. ..r % - •� >• :"1^;�-* OME 1�i.r�■11 �; /�— liM ( DEIAILED SILJU'r ofdy,''-' 4. . > rte. \ �-1���j ar?1. r NEA-r �'� > � t,, • Now Iy�f lip)) Iy 674 �'1'td"¢ nr i , 'ti MIE :, 4 _ - k / 4 J N E}( �. -. `sem , - .f1,'�'y: v'' !a, -----f�!�1�,!%,�r 7. TK. `L' JAM:f.5174',,Iff'-7"17,-Mflgi.,,14,4 p t q a�• ( f.n :.. s � . ,kn {a6 ` .ter � z .i&, hx FLOOD ZONE DEFINITIONS PROPERTY INFORMATION SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1%ANNUAL COUNTY: HAWAII CHANCE FLOOD-The 1%annual chance flood(100-year flood),also known as the base TMK NO: (3)2-2-024-008 flood,is the flood that has a 1%chance of being equaled or exceeded in any given year. PARCEL ADDRESS: 1297 KINOOLE STREET The Special Flood Hazard is the area subject to flooding by the 1%annual chance flood. HILO,HI 96720 Areas of Special Flood Hazard include Zone A,AE,All,AO.V,and VE. The Base Flood FIRM INDEX DATE: APRIL 02.2004 Elevation(BFE)is the water-surface elevation of the 1%annual chance flood. Mandatory LETTER OF MAP CHANGE(S)' NONE flood insurance purchase apples in these zones: FEMA FIRM PANEL(S): 15516608800 ® Zone A: No BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 16.1988 Zone AE: BFE determined. . Zone AH: Flood depths of 1 to 3 feet(usually areas of ponding);BFE determined. J Zone AO: Flood depths of 1 to 3 feet(usually sheet flow on sloping terrain); average depths determined. • Zone V: Coastal flood zone with velocity hazard(wave action);no BFE determined. PARCEL DATA FROM: JUNE 2013 ® Zone YE: Coastal flood zone with velocity hazard(wave action);BFE determined, IMAGERY DATA FROM: MAY 2005 III Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream IMPORTANT PHONE NUMBERS plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be carried without increasing the BFE. County NFIP Coordinator NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk flood zone. County of Hawaii No mandatory flood insurance purchase requirements apply.but coverage is available in Carter Romero,PE..CFM (808)961-8943 or participating communities. State Carol Coord,n l Tyayau-Beam.PE..CFM (808)587-0267 . Zone XS(X shaded): Areas of 0.2%annual chance flood;areas of 1%annual chance flood with average depths of less than 1 foot or with drainage areas less Disclaimer The Hawaii Department of Land end rteb,,at Resources than 1 square mile;and areas protected by levees from 1%annual chance flood. (CLNA)assumes no responsibility arising from the useaccuracy completeness,and timeliness of any information contained hr tars report Zone X: Areas determined to be outside the 0.2%annual chance floodplain. Vrowers'Users are responsible for verifying the accuracy of the OTHER FLOOD AREAS information and agree to indemnify the DLNR.its officers,and employees from any tebftity which may arise from its c'se or its cats,.... ' v Zone D: Unstudied areas where flood hazards are undetermined,but flooding is irfc-merran possible. No mandatory flood insurance purchase requirements apply,but coverage If Oa map has been identified as?'RELIM1NaR 1•please note that r is is available in participating communities. being provided'Orinformational purposes and snail not be used fry flood insurance ratting Contact your county floodplain'fli5 per fur son/ zone determinations to be used for compliance.nhh form f o odr.lar,• mnnagernent regulations RHootaAmendREZmjj 9/22/I5 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ERIC AND JOSLYN HOOTA CHANGE OF ZONE ORDINANCE NO. 94 06 (REZ 758) AMENDMENT TO CONDITION E Upon review of the request, the Planning Director recommends that a favorable recommendation of the request to amend Condition E of Change of Zone Ordinance No. 94 06 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 applicants request a 5-year time extension to comply with Condition E of Change of Zone Ordinance No. 94 06, which states: "Construction of the proposed commercial development shall be completed within three(3) years from the effective date of this ordinance." This condition required that construction be completed by January 26, 1997. In 1996, the Planning Director issued an administrative time extension until January 26, 2000 to complete construction. The applicants are requesting a 5-year time extension from the date of approval of this proposed amendment to complete construction of a medical office building or other commercial development. They have been unable to proceed with construction of the project due to unforeseen personal health issues and the recent recession. However, they are committed to completing construction of an office building to accommodate a dental laboratory and financial services office for the applicants, businesses that they currently conduct in other locations in Hilo, and other commercial opportunities. 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. Conditions of the change of zone ordinance required that the applicants secure water commitments from the Department of Water Supply(DWS) and secure Final Plan Approval for the proposed commercial development from the Planning Director. It does not appear that water commitments -1- Re: Bill 109/Comm. 524 have been secured to date, however in their memo dated July 31, 2015 the DWS indicated that County water is still available for the proposed development. Additionally, in 1995 the applicants secured Final Plan Approval for an approximately 13,000-square foot office building and related improvements. In 2006, the existing dwelling was demolished in anticipation of developing the property. The applicants have been unable to complete development of the property due to unforeseen personal health issues that affected their ability to market the property and the recent recession which limited their ability to secure financing. However,the applicants remain committed to completing the commercial development as evidenced by their continued ownership of the property for over 20 years. Thus, the applicants have 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 the rezone was approved in 1994. At that time the General Plan LUPAG Map designation for the property was the same that it is today, High Density Urban. This designation allows for general commercial,multiple family residential (up to a density of 87 units per acre) and related services, thus the current General Commercial (CG) zoning is consistent with the General Plan designation. A comprehensive change was made to the Zoning Code in 1996, two years after the rezone was approved. Plan Approval No. 2987, which was issued in 1995, included reduced off-street parking,minimum yards and landscaping requirements than the current Zoning Code. For example, there was no minimum side yard requirement for the property in 1994,whereas today the minimum side yard requirement is 15 feet. The off- street parking requirement also increased from 1 parking stall per 400 square feet of gross floor area to 1 parking stall per 300 square feet of gross floor area. Additionally, in 2008 the County Council adopted concurrency requirements in the Zoning Code which will require that the applicant complete a traffic impact analysis report and mitigate any adverse impact prior to developing the property. Based on these significant changes in the Zoning Code since the rezone was originally granted, the Planning Director has -2- invalidated the original Plan Approval No. 2987, and will require the applicants secure a new Plan Approval for the proposed commercial development based upon the current Zoning Code. The Department of Public Works (DPW) has recommended that in addition to the current conditions of approval related to frontage improvements to Lono Street,the applicant install a full width concrete sidewalk along the property's Kino`ole Street frontage. There are currently curb, gutter and sidewalk improvements along the property's Kino`ole Street frontage,but the sidewalk has only 4-foot wide pavement and 6-foot wide grass rather than the standard 10-foot wide paved sidewalk recommended by DPW. With the addition of a condition to address DPW's recommendation, the amendment request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. This favorable recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with uses permitted within the General Commercial zoning district, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 94 06. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 94 06 is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck-through; new material is underscored. -3- d?;MSY of Mi COUNTY OF HAWAII •_ � ��• STATE OF HAWAII ? Of•N►'M . BILL NO. ORDINANCE NO. ( P1hTN10-1-) AN ORDINANCE AMENDING ORDINANCE NO. 94 6, WHICH RECLASSIFIED LANDS FROM SINGLE—FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10) TO GENERAL COMMERCIAL— 10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-024:008. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 94 6 is amended as follows: "SECTION 1. [Section 25 114, Article 3,] Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the [Hawaii] Hawai`i County Code 1983 (2005 Edition).,is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at [Waiakea] Waiakea,South Hilo, [Hawaii] Hawai`i, shall be General Commercial— 10,000 square feet(CG-10): SECTION 2. [ . _ • .• -- . . . . . . . . .. - - :]In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or -1- (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS SECTION 2. Material to be deleted is bracketed and struck through and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- P AMANA STREET 1 f r — 1 R�3-10 COI- L > I It.0 7 -,3.73 �.. z 143-te m110c©-mss rS.-10 4. { CB-7s 1 11) reS-.io W I IX Rb_3.7g L �) f';5� I10 I R'3-TO f CO-'2.C) {:I GG-7-3 M�11 1 IID 5 i 1 J ` /''.11A�LA!" 4► i Ptrai �.'se tc' A STREET LOO le•s� •ta'-�- r( -N //J;/% 3:2-0.81 IT' n f cc' rez7 -�� h� Zo K/ ®d %�!i� �� res{le A CG 7-3 R9-lo ? ' MI •.le• To."- RS -to Al icy e+o _ Rs-to 0 > I nt3- .. .. w le !A CCi-2C CRes-)0Z CG {/-MO 0 Zi ms-ro cer-lo .7 U Q (l J D eG-moo S/ O D Rey-to Rs-10 iri I ` t¢. --1.0 tr uravliresrrr LAN1IKAULfr S"TTEET k'4,,, * 91NeLE FAM1L'Y 1I I , y�,;$.t. RL3IDCNTIAL (fes-MOTo las-ro RM-9- l Rs-to4 Geist eJ AL CCMMQRCIAL (co-)O) I o tiZI Ana^ = 2.6,770 Oaf- FT. AMENDMENT TO THE ZONING CODE AMENDING SECTION -25-I)4 (CIT?' OIC P-ttLO ZONm MAP) ARTICLE , CHAPTER '25 ZONING OCADM) OF THE MAWAtt COUNT? CODE, 137 CHANGING THE t71STRICT CLAS9IFICATIQN FROM !SINGLE FAMfLy REStOENTIAL C.R5-IO) TO GENEf?AL. COM PfEIRCIAL. SCG-to) AT WA1AKEA, SOUTH 1-t)LC)) HA W All PREPA14O B7 : P -"NN1NE DMPINITTNIENT GOL `tT7' epp flickysiAtt TMtc t 2-2-2/4 t 8 .SHPT "2.M, 1 9 E k H I I T "A" F(R REFERENCE SNI Y {( 1421CP 1 tC AND J097-7'N 0ori ) f� CHootaAmendREZ.mjj 9/23/15 ERIC AND JOSLYN HOOTA AMEND CHANGE OF ZONE ORDINANCE NO. 94 06 (REZ 758) CONDITIONS OF APPROVAL [(A) the applicant, its successors, or assigns shall be responsible for complying with all of the stated conditions of approval; (B) the applicant shall indemnify and hold the County of Hawaii harmless from and injury or death arising out of any act or omission of the applicant, its successors or - - - , . . . - , , . . _ - . . . . - (C) the applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its"Water Commitment Policy" prior to submittal of plans for Plan Approval or Subdivision review, whichever is applicable; (D) Final Plan Approval for the proposed commercial development and related .. ... - . ► • three(3) years from the effective date of this ordinance; • . • -- - . . •. _. . . . . .•- site's entire Lono Street frontage, with the exception of access points, in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy for any portion of the proposed commercial development or the issuance of Final Subdivision Approval, whichever is applicable; (H) drainage improvements, if required, shall be installed in a manner meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy for any portion of the proposed commercial applicable; (I) the proposed commercial development shall be connected to an existing scwerline connection shall be accomplished in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy (J) should any unidentified sites or remains, such as artifacts, shell,bone or charcoal • -- . . - . , . . . . , :. . _ . . . - - - • - , - - taken; affected agencies; -- I 9• - - - anniversary date of this ordinance. The report shall include, but not be limited to, • - . . - included herein shall be credited tewards the requirements of the Unified Impact Fees Ordinance; and, (N) an initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -2- 1) the non performance is the result of conditions that could not have been - --- . ., . -- . . . • ., . -- . . , ., . that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the general plan or zoning code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; '1) the time extension granted shall be for a period not to exceed the period 5) - . :. ' . . .' . ... . - •-- -, •-Director shall submit the applicant's request to the County Council for complied with in a timely fashion, the Director shall initiate rezoning of the A. The applicants, successors, or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply (DWS), the applicant(s) shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawai`i to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Depaituient of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. The applicant shall construct necessary water system improvements as required by the Department of Water Supply, which may include, but not be limited to installing a larger or additional water meter. -3- D. The applicants shall install a reduced pressure type backflow prevention assembly within five(5) feet of the existing water meter and any additional water meters on private property,which must be inspected and approved by the DepaLtutent of Water Supply. E. Construction of the proposed commercial development shall be completed within five(5) years from the effective date of this amended ordinance. F. Final Plan Approval No. 2987, issued February 15, 1995, is void. Prior to construction,the applicants, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all existing and/or proposed structure(s),paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai`i County Code. G. All driveway connections to Kino`ole Street and Lono Street shall conform to Chapter 22, County Streets, of the Hawai`i County Code. H. Roadway improvements to Lono Street,to include curb, gutter and sidewalk improvements for a 60-foot wide right-of-way, shall be provided along the property's entire Lono Street frontage, with the exception of access points, in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy for any portion of the proposed commercial development or the issuance of Final Subdivision Approval, whichever is applicable. The applicants shall improve Kino`ole Street with a"full width" (10-foot wide up to the existing curb) concrete sidewalk along the property's entire Kino`ole Street frontage complying with the Department of Public Work's Standard Detail R-34. J. Should the applicants, successors or assigns develop a land use which the Planning Department, in consultation with the Department of Public Works, -4- determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report(TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicants shall implement,when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Kino'ole Street and/or Lono Street that may be deemed necessary by the Department of Public Works. K. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. Drainage improvements,if required, shall be installed in a manner meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy for any portion of the proposed commercial development or the issuance of Final Subdivision Approval, whichever is applicable. L. The property shall connect to the public sewer in accordance with Section 21-5 of the Hawai`i County Code prior to issuance of a Certificate of Occupancy. If required by the Director of the Department of Environmental Management (DEM), the applicants shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicants shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. M. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resource- State Historic Preservation Division(DLNR-SHPD) and Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from SHPD when it finds that sufficient mitigation measures have been taken. N. The applicants shall make a fair share contribution to mitigate the potential regional impacts of development of the property with respect to parks and -5- 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 or Final Plan Approval,whichever is applicable. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $13,506.70 per single-family residential unit and $8,667.10 per multiple-family dwelling 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. $6,513.17 per single-family residential unit and $4,275.24 for multiple- family dwelling unit to the County to support park and recreational improvements and facilities; 2. $314.20 per single-family residential unit and$135.12 for multiple-family dwelling unit to the County to support police facilities; 3. $620.58 per single-family residential unit and $415.64 for multiple-family dwelling unit to the County to support fire facilities; 4. $271.70 per single-family residential unit and $185.25 for multiple-family dwelling unit to the County to support solid waste facilities; and 5. $5,787.06 per single-family residential unit and $3,655.85 for multiple- family dwelling 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 -6- Director, upon consultation with the appropriate agencies and approval of the County Council. O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval or Final Plan Approval, whichever is applicable. The applicants shall comply with all applicable County, State and Federal laws, rules,regulations and requirements. R. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for us to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. -7- S. Should any of the conditions not be met or substantially complied with in a timely fashion,the Director may initiate rezoning of the area to its original or more appropriate designation. -8- tlF t C rt- 4 c r .. .F,F�kvl .. E •V i!!!!!; ......, CO c./ ■ w 1-'I 0 N as 40 0 ...11100, O Os Z • Z >71 O Immli t.)C V ) c C 0 LE 0 ....) (..) 0 0N 4. Z O O <It On r V OM= 12 Cie W44 E „„„„„„,„.. ,,..._ .::• .„ , ._ . � . ��t1\! "'.mama. ,� 1: �/: 1m11um mum !i ! . ,„„. „...„,.i�iri��airi s *44,4* A ,; .__. .- UNE ala IPS 7 .. ik :' i , . '', NOM= ate ‘‘. d. t . , \* 4 lial Fla u Him __ .. .. 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