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HomeMy WebLinkAboutCOM 0888.000 2014-2016 Randall M.Kurohara J��LG� Managing Director William P.Kenoi j bfayor _'mer : • �� , Robert H.Command • ••�rdil: �Vp'Y \ County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street.Suite 3 • Hit Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 MAY - 62016 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. 03-115 (REZ 1020) Applicant: Tante Urban (formerly Chrystal Y. Yamasaki) Request: Amendment to Condition C (Time to Complete Construction) Tax Map Key: 7-5-022:040 The Leeward Planning Commission, at its duly held public hearing on April 21, 2016, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 03-115. The property is located at 75-5733 Kalawa Street, approximately 150 feet south of its intersection with Kalani Street, Honuaula, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting to amend Condition C of Change of Zone Ordinance No. 03-115, which states: "Construction of the proposed development shall be completed within five(5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. The applicant shall provide adequate off-street parking and a Ilawai'i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 turnaround before entering the County road right-of-way. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements)." The applicant is requesting a 5-year time extension from the date of approval of this proposed amendment to complete construction of a proposed six(6) -unit, multiple- family apartment building with a commercial kitchen on the ground floor. 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 applicant acquired the subject property in March, 2007, and has stated that since this timeframe coincided with the economic recession,he was unable to complete construction within the 5-year construction deadline. Additionally, the applicant is in the process of securing the required financing to complete the proposed development. 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 CV-7.5, is located within the State Land Use Urban District, and is Designated Medium Density Urban by the General Plan Land Use Pattern Allocation Guide(LUPAG)map. In addition,the Kona Community Development Plan (KCDP) was adopted by Ordinance 08-131 on September 25,2008 by the Hawai`i County Council. The project site is within the Kona Urban Area and the Kailua Village Redevelopment Transit Oriented • Development area. Within the Kona Urban Area, growth would be directed to compact villages located along proposed transit routes or to infill areas within, or adjacent to, existing development. Based on the preceding, the subject property is consistent with the intent of the CDP by directing infill growth adjacent to existing development in the Kona Urban Area. Finally,the subject parcel is located within the Kailua Village Special District, which means that proposed construction plans are subject to architectural and design review by the Kailua Village Design Commission which will be required as a condition of this permit. Dru Kanuha, Council Chair and Members of the County Council Page 3 The approval of this time extension request is not contrary to the General Plan, KCDP, and zoning, therefore, the Director recommends retaining the property's existing CV-7.5 zoning. Water is available from the existing Department of Water Supply system on Kalawa Street. The applicant has secured a commitment for eight(8) units of water for the proposed project per the Department of Water Supply(DWS). The applicant will be responsible for constructing necessary water system improvements as required by the which may include, but not be limited to the installation of a reduced pressure type backflow prevention assembly and improvements to meet DWS' commercial zoning fire flow standard of 2,000 GPM at the site for fire protection. In addition, the applicant shall comply with all other applicable DWS policies and requirements. These requirements will be articulated as a condition of approval of this Ordinance amendment. The Department of Environmental Management Wastewater Division requires the extension of the public sewer and connection of any existing and/or proposed structures to the public sewer. The State Department of Health confined this requirement in their comment letter dated February 25, 2016, indicating that all wastewater shall be disposed of into the County sewer system. The applicant has stated that the sewer line has been extended to front the property,however, we have been unable to verify this with the Department of Environmental Management as of the writing of this report. The sewer extension and connection requirements will be articulated as a recommended condition of approval. Access to the property is from Kuakini Highway to Kalani Street, then south to Kalawa Street. Kalawa Street is a County roadway with an approximate 20-foot wide pavement within a 40- foot wide right-of-way. The current Ordinance requires the applicant to widen Kalawa Street by five(5)-feet and provide improvements (curb,gutter, and sidewalk) along the entire frontage of the subject parcel. However, DPW has suggested revising the roadway conditions to be consistent with other properties on the mauka side of Kalawa Street by continuing the same width of curb, gutter, and sidewalk improvements within the existing 40-foot wide Kalawa Street right-of-way from the abutting property and providing a 5 foot future road widening setback along the entire frontage of the subject property. The future road widening setback should be shown on all site plans for Plan Approval and all structural setbacks should be taken from the future road widening line. These new requirements will be articulated as conditions of this favorable recommendation. Dru Kanuha, Council Chair and Members of the County Council Page 4 The original applicant proposed to construct an office building on the subject site and for that reason, the County Council did not include a Fair Share requirement in the original ordinance. As the current applicant is proposing a project with a Multiple- Family residential component and as the CV zoning allows for residential uses, we are recommending that the County Council include a Fair Share requirement as part of the amendment to this Ordinance. In addition, to ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the standard housing condition will be added. Based on the preceding,the proposed request will not unreasonably burden public agencies to provide for infrastructure and utilities to the project site. Additionally, the request to amend Condition C to allow a time extension to complete construction of the proposed project is not contrary to the original reasons for granting the change of zone. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use,prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Codc, 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 approval; 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. 03 115. The accompanying draft bill reflecting an amendment to conditions of Ordinance No. 03-115 is provided for your favorable consideration. The Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval, housekeeping revisions, and requested changes as indicated above (Material to be deleted is bracketed and strike through and material to be added is underscored). Dru Kanuha, Council Chair and Members of the County Council Page 5 We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Si''nnyceerely, Keith Unger hainnan Leeward Planning Commission LUrbanamendREZ10201pc2 Enclosures cc: Mr. Tante Urban Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD DOT-Highways, Honolulu William Brilhante, Esq., Corporation Counsel Planning Department - Kona BTanteUrbankEZAmend.cdc 3/24/16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT TANTE URBAN CHANGE OF ZONE ORDINANCE NO. 03 115 (REZ 1020) AMENDMENT TO CONDITION C TANTE URBAN has submitted a request for a 5-year time extension to Condition C (time to complete construction) of Change of Zone Ordinance No. 03-115, which rezoned 7,501 square feet of land from a Multiple-Family Residential -1,000 square feet(RM-1) to a Village Commercial-7,500 square feet (CV-7.5) zoning district. The subject property is located at 75-5733 Kalawa Street, approximately 150 feet south of its intersection with Kalani Street, Honuaula,North Kona, Hawai`i , TMK: 7-5-022:040. APPLICANT'S REOUEST 1. Request: The applicant has submitted a request to amend Condition C of Change of Zone Ordinance No. 03-115, which states: "Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. The applicant shall provide adequate off-street parking and a turnaround before entering the County road right-of-way. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements)." The applicant is requesting a 5-year time extension from the date of approval of this proposed amendment to complete construction of a proposed six (6) -unit, multiple- family apartment building with a commercial kitchen on the ground floor. 2. Reasons for Request: The applicant acquired the subject property in March, 2007, and has stated that since this timeframe coincided with the economic recession. he was unable -1- to complete construction within the 5-year construction deadline. Additionally, the applicant is in the process of securing the required financing to complete the proposed development. 3. Landowner: Kalawa 40, LLC. 4. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — Letters from Tante Urban dated Decemner 3,2015 and January 14,2016) BACKGROUND INFORMATION 5. August 14,2003: Effective date of Ordinance No. 03 115 which rezoned 7,500 square feet of land from RM-1 to CV-7.5 in order to accommodate the construction of an office building. 6. March 30, 2007: Applicant purchased the property from Crystal 7. July 27,2015: Applicant requested a 5-year administrative time extension from the Planning Director. 8. September 28,2015: The Planning Director denied a 5-year administrative time extension by letter, stating: "In reviewing the time extension request for Change of Zone Ordinance No.03- 115, we have determined that an administrative time extension has not previously been granted. Condition N (4) allows for an administrative time extension for a period not to exceed the period originally granted or the condition performance,which means that had an administrative time extension been granted it would have expired on August 14, 2013." 9. January 15, 2016: The Planning Department accepted this request to Amend Condition C of Change of Zone Ordinance No. 03- 115, for a 5-year time extension to complete the construction of a proposed six (6) -unit,multi-family apartment building with a commercial kitchen on the ground floor. STATE AND COUNTY PLANS 10. State Land Use District: Urban. 11. General Plan LUPAG Map Designation: Medium Density Urban. 12. County Zoning: Village Commercial (CV-7.5). -2- 13. Kona Community Development Plan: The KCDP was adopted by Ordinance 08-131 on September 25, 2008 by the Hawaii County Council. The project site is within the Kona Urban Area and the Kailua Village Redevelopment TOD. 14. Kailua Village Design Commission: The subject parcel is located within the Kailua Village Special District and proposed construction plans are subject to architectural and design review by the Kailua Village Design Commission. 15. Special Management Area: The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area and is over 1,400 feet from the nearest coastline. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 16. Subject Property: The property is a 7,501-square foot rectangular-shaped lot located on the east(mauka) side of Kalawa Street above McDonald's Restaurant, and approximately 150 feet south of the Kalawa Street/Kalani Street intersection. The property has been used as overflow parking for the nearby West Hawaii Community Health Center for several years. The applicant failed to obtain a plan approval prior to constructing a parking lot,but has stated that he will terminate its use as a parking lot immediately. 17. Surrounding Land Zoning/Uses: Surrounding lands are in multiple-residential or commercial uses. The property adjacent to the north is CV-7.5 with office and commercial uses and is fronted by curb, gutter and sidewalk. The applicant owns two multi-family apartment buildings on the next two lots adjacent to the South of the subject property on lands zoned RM-1. Properties further south are zoned CV-7.5 and RM-1 with mixed commercial and multiple-family residential uses. McDonald's Restaurant is located northwest of the property across Kalawa Street. 18. U.S.D.A. Soil Survey: Punalu'u Soil Series. This soil type is characterized by rapid permeability, slow runoff and slight erosion hazard. 19. Land Study Bureau Soil Rating: Urban. 20. Agricultural Lands of Importance to the State of Hawaii (ALISH): Unclassified. 21. 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. -3- 22. Archaeological/Historic/Cultural Resources: No archaeological inventory survey was prepared, as the property was previously grubbed and graded as part of the development of the Lono Kona Subdivision. Similarly,no valued cultural or historical resources exist on the site. As no traditional and customary native Hawaiian rights are exercised on the site, the proposed action will not affect traditional Hawaiian rights. In a March 13, 2016 letter, the State Historic Preservation Division indicated that they had no concerns with the proposed change of zone amendment. 23. Flora/Fauna Resources: No botanical survey has been prepared, as the entire lot has been grubbed and graded as part of the Lono Kona Subdivision and subsequently paved with asphalt. Given the scope of work previously conducted and the property's urban setting, no known rare, threatened, or endangered species are known to inhabit the parcel or arc expected to be discovered on the site. 24. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. UTILITIES AND SERVICES 25. Access: Access to the property is from Kuakini Highway to Kalani Street, then south to Kalawa Street. Kalawa Street is a County roadway with an approximate 20-foot wide pavement within a 40- foot wide right-of-way. The current Ordinance requires the applicant to widen Kalawa Street by five(5)-feet and provide improvements(curb, gutter, and sidewalk) along the entire frontage of the subject parcel. However, DPW has suggested revising the roadway conditions to be consistent with other properties on the mauka side of Kalawa Street by continuing the same width of curb, gutter, and sidewalk improvements within the existing 40-foot wide Kalawa Street right-of-way from the abutting property and providing a 5 foot future road widening setback along the entire frontage of the subject property. The future road widening setback should be shown on all site plans for Plan Approval and all structural setbacks should be taken from the future road widening line. 26. Water: Water is available from the existing Department of Water Supply system on Kalawa Street. The applicant has secured a commitment for eight (8)units of water for the project per the Department of Water Supply(DWS). The applicant will be -4- responsible for constructing necessary water system improvements as required by the which may include, but not be limited to the installation of a reduced pressure type backflow prevention assembly and improvements to meet DWS' commercial zoning fire flow standard of 2,000 GPM at the site for fire protection. In addition, the applicant shall comply with all other applicable DWS policies and requirements. 27. Wastewater: The Department of Environmental Management Wastewater Division requires the extension of the public sewer and connection of existing and/or proposed structures to the public sewer. The State Department of Health confirmed this requirement in their comment letter dated February 25, 2016, indicating that all wastewater shall be disposed of into the County sewer system. 28. Essential Utilities and Services: Police and Fire services are available within three miles of the subject property and all other essential utilities and services are available to the property. 29. Department of Public Works: (Planning Department Exhibit 2 —February 22,2106 Memo) 30. Department of Water Supply: (Planning Department Exhibit 3—November 25,2015 letter to Peter Dahlberg,December 10,2015 letter to the Applicant, and March 4, 2016 Memo to the Planning Department) 31. Department of Environmental Management-Wastewater Division: (Planning Department Exhibit 4—March 29,2106 Memo) 32. Department of Land and Natural Resources-Engineering Division: (Planning Department Exhibit 5—February 16, 2016 Memo) 33. Department of Land and Natural Resources-State Historic Preservation Division: (Planning Department Exhibit 6—March 3, 2016 Memo) 34. Department of Health: (Planning Department Exhibit 7—February 25, 2106 Memo) AGENCIES-NO COMMENTS/CONCERNS 35. Department of Environmental Management— Solid Waste Division, Police Department, Fire Department, Department of Land and Natural Resources-Land Division. -5- AGENCIES- NO RESPONSE 36. Department of Environmental Management, Department of Public Works—Building Division,Kailua Village Design Commission. PUBLIC COMMENTS 37. One email communication was received by the Planning Department regarding this application: P.D. Exhibit 8: Email dated March 4,2016 from Tom Fine Sr. APPLICANT RESPONSE TO AGENCY AND PUBLIC COMMENTS 38. P.D. Exhibits 9 - Letter from Tante Urban dated March 12,2016 in response to DPW comment letter. 39. P.D. Exhibit 10—Letter from Tante Urban dated March 12,2016 in response to Tom Fine, Sr. comment letter. -6- PLRYMIt;6 °MI69P.".NT Tante T. Urban r�; , :••; = 100 W. Kaahumanu Ave. Kahulul, HI 96732 2015 LC -3 PH 2 -32 Mr. Duane Kanuha County of Hawaii Director of Planning 100 Pauahi Street Suite No. 3 Hilo, HI 96720 Dear Mr. Kanuha 1 am in the process of securing entitlements for Parcel 7-5-22:40 located in Kailua-Kona, which was rezoned for CV-7.5 from RM-1.0 in 2003 (REZ 03-005, Ordinance 03-115). The ordinance states that the project should have been completed within five years. However, it was not completed by its original owner, Crystal Yamasaki. While the project had a single five- year extension,there was no way that it could have been completed during that time as it coincided with the great recession. purchased this property in 2007 and I am completing plans to develop it as a six unit multi- family apartment with a commercial kitchen on the ground floor.Outdoor dining will be available to the public. A copy of the site plan and elevations are attached for your review. I am asking for the department's support for another five-year extension so I may complete this project. I understand that I will have to submit this request to both the planning commission and the County Council for their review and approval. Per your letter of Sept. 28, 2015 which is attached, I have attached a time extension to Condition 8 (Water Commitments), and this letter,which states the request and the reasons, along with 20 copies that shall be forwarded to the Planning Commission with a $250 filing fee. Thank you for your support and I will await your reply on my humble request. Mahal, N-N-k Cet .nte Ur..n 102340 Planning Dept, Exhibit. _ William P.Kenoi ® ;: «'w•!1e� Duane Kanuha - Mayor - • Director iii% .: g• 1. .-c -% Bobby Command Depuey Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohoislole Hwy6 101 Peuahi Sued,Suite 3 +s� Kat'�t4wei'i 96740 County of Hawaii Hie,Hawaii 96720 Phone f808)3234770 ' Phone(808)9614288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 September 28,2015 Mr. Tante Urban 100 W. Kaahumanu Avenue Kahului, HI 96732 Dear Mr.Urban: Change of Zone Ordinance No. 03-115(REZ 1020) Applicant: Tante Urban (formerly Chrystal Yamasaki) Subject: Request for Administrative Time Extension Tax Map Key: (3) 7-5-022:040 Thank you for your letter dated July 27, 2015 requesting an administrative time extension to comply with conditions of Change of Zone Ordinance No. 03-115. In reviewing the time extension request for Change of Zone Ordinance No.05-074,we have determined that an administrative time extension has not previously been granted. Condition N(4)allows for an administrative time extension for a period not to exceed the period originally granted or the condition performance,which means that had an administrative time extension been granted it would have expired on August 14, 2013. Therefore,you will need to apply for a time extension to Condition B(Water Commitments)and Condition C(Complete Construction)by resubmitting a letter explaining the request and the reasons, along with 20 copies that shall be forwarded to the Planning Commission with a$250 filing fee. Please be aware that in 2008,the County Council amended the County Code by adopting concurrency requirements (enclosed)related to roads, water supply,and civil defense sirens. These concurrency requirements apply to new applications for a change of zone as well as applications for extension of time to perform conditions of a change of zone ordinance. The County Council also adopted the Kona Community Development Plan(CDP) in 2008, which is intended to guide the location and character of development within the North and South Kona districts. A copy of the CDP is available on our website at: htta: www.hawaiicountvcdp.info,north-and-south-kona-cdu.cdp-final-drafts The subject parcel is located within the identified Kailua Village Redevelopment Regional Center Transit Oriented Development (TOD) within the Kona Community Development Plan (CDP). The Kona CDP was adopted in 2008, after the subject property was rezoned. Under �+Igitin y “.171 Hmrai'1 County is an Equal Opportunity Ponder and Employe Mr.Tante Urban Page 2 [' I September 28,2015 Section 4.2.2 of the Land Use element of the Kona CDP,it states"the legally binding policies in this section, as defined in 4.0 Goals, Objectives, Policies and Actions, do not override or invalidate existing zoning. Such legally binding policies,however, shall be implemented with new changes of zone,time extensions on existing zoning requiring County Council action, state land use boundary amendments, and Special Management Area(SMA)permits, when applicable" (emphasis added). Additionally,the Kona CDP states"in recognition of the importance of Kailua Village as the cultural,retail and visitor core of the Kona District, redevelopment of the area shall be a high priority." As such, we are requesting that you meet with our Kona Office for direction, support and to expedite the translation and implementation of the Kona CDP goals,objectives,policies,actions, and design guidelines as applied to your proposed development project prior to resubmitting an application for time extension. In addition to including a discussion regarding how the time extension request conforms to the concurrency requirements and Kona CDP, the request must address the criteria for granting a time extension shown in Condition N(1-3)of the ordinance. Please contact Bennett Mark with the Kona Planning Department, at 323-4775 to schedule an • appointment to discuss the Kona CDP. If you have any further questions related to concurrency requirements or the time extension request,please feel free to contact Maija Jackson at 961-8159. Sincerely, ''/)' 1MUANEKANUHA UPlanning Dile,,or MJJ:klt \\COH33\planning\publie wpwin6037aija Latas\TERLLUrban-REZI020-TimeEzronsionnesignCentw'.doe Enclosure cc w/o enc: Bennett Mark, Kona Planning Department V G: rcc lu: CV"! r� .,.� :.y . m.Y/Z/Sc ,E.rr. /., . -;t< H,., rr,l : c:. ' :.,1. 7. , A7o// William P Kenoi Dianna S Sako Mayor sH'`' Finance Director % : -' v‘ 'a'; (1 Lisa K Miura Deputy Director County of Hawaii DEPARTMENT OF FINANCE- REAL PROPERTY TAX Aupuni Center, 101 Pauahi Street,Suite No.4 • Hilo,Hawaii 96720-4224 • Fax(808)961-8415 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74-5044 Ane Kcobokalale Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(80(1)3234880 Website: wwwhawaiipropertytax.com REAL PROPERTY TAX CLEARANCE Date: October 23, 2015 TMK(s): (3) 7-5-022-040-0000 This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid for the tax year 2015 up to and including December 31, 2015. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of Kalawa 40 LLC for the County Planning Department and is issued for this/these parcel(s) only. RE PROPERTY - DIVISION Paid up to and including December 31 , 2015 Tax Clearance for Planning Department(rev. 12/09) Hawai'i County is an Equal Opportunity Provider and Employer ,SOF WLi Ffl+�g.. pEj4,1 • `i • ,91 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII V- Fs >1HP��. 345 KEKUANAO'A STREET, SUITE 20 • HILO. HAWAII 96720 AW , TELEPHONE (808) 961 -8050 • FAX (808) 961-8657 November 25, 2015 Mr. Peter Dahlberg Aina Engineers Inc. P.O. Box 81 Hulualoa, HI 96725 Dear Mr. Dahlberg: Subject: Water Usage Calculations for Apartment Building and Commercial Kitchen Change of Zone Ordiance No. 03-115 Applicant—Tante Urban Tax Map Key 7-5-022:040 We have reviewed the subject estimated water usage calculations and find them acceptable. Based on the estimated maximum daily usage of 4,298 gallons per day (GPD), the proposed development will require eight (8) units of water, at a maximum of 600 GPD per unit. A 1V2-inch meter should be adequate to support that demand for the proposed project. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment may be issued. Based on the seven(7) additional units of water needed (one (1) unit of water allotted through an existing 5/8-inch water meter), the required water commitment deposit is $150.00 per additional unit, or$1,050.00. Remittance of the water commitment deposit is requested as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. Upon receipt of the water commitment deposit, we will provide our requirements for water service, applicable facilities charges due, and other conditions for final approval. The commercial zoning requires the installation of a reduced pressure type back-flow prevention assembly (BFP) within five(5) feet of the meter on private property. The installation of the backflow prevention assembly must be inspected and approved by the Department. The Department's Water System Standards require that a minimum of 2,000 GPM be available at the site for fire protection for commercial zoning. Please be informed that the nearest fire hydrant is connected to a 6-inch waterline. within Kalawa Street, which is inadequate to provide the required fire flow. The applicant should contact the Fire Department to determine any other fire protection requirements. . .`Ybrater, Our Most Precious Resource . . , Ka Wai,r4 pane . . . Mr. Peter Dahlberg Page 2 November 25, 2015 Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, Keith K. Okamoto, .E. Manager-Chief Engineer RQ:dfg /copy—Mr. Tante Urban y Harry Kim I1 � ;`j� Christopher J.Yuen Mayo, D(.ena, Roy R.Takemoto �r DeparyDi.OW Qlnunfg uf !an72CTt PLANNING DEPARTMENT 101 Fauahi Street.Suite 3 • Mb,Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 November 7, 2003 Mr. Gregory R. Mooers P.O.Box 1101 Kamuela, HI 96743 Dear Mr. Mooers: Change of Zone Application(REZ 03-005) Applicant: Chrystal T. Yamasaki Request: EM-1 to CV-7.5 Tax Map Key: 7-5-22:40 For your information, we are attaching Ordinance No. 03 115, amending the County Zoning Code,changing the district classification from Multiple Family Residential (RM-1)to Village Commercial(CV-7.5) at Honuaula,North Kona,Hawaii. Sincerely, C t' k TOPHER J. YUEN Planning Director Lya asaldsyw Atts. cc/att: Planning Commission Ms. Chrystal T. Yamasaki Planning Department—Kona Plan Approval Section Rodney Haraga,Director/DOT-Highways, Honolulu DLNR—HPD (Kona) ~S�1 �I " 21 CQUNTY OF HAWAII STATE OF HAWAII BILL NO. t 1 s ° (Draft 2) ORDINANCE NO.O3 115 AN ORDINANCE AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP), • ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL(RM-1)TO VILLAGE COMMERCIAL(CV-7.5) AT HONUAULA,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-22:40. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-5, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code,is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Honuaula,North Kona, Hawaii, shall be Village Commercial (CV-7.5): Beginning at the Southwesterly corner of this parcel of land,being also the Northwesterly corner of Lot 81 of Lono Kona Subdivision and being a point on the Easterly side of Kalawa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA(NORTH MERIDIAN)" being 1,053.87 feet South and 1,392.35 feet East and running by azimuths measured clockwise from True South: 1. 151° 59' 62.50 feet along the Easterly side of Kalawa Street to a point; Thence, for the next three(3)courses following along the remainder of Grant 3148, Apana 4 to W. P. Leleiohoku: 2. 241° 59' 120.00 feet along Lot 78-A of Lono Kona Subdivision to a point; -1- 3. 331° 59' 62.50 feet along Lot 108 of Lono Kona Subdivision (File Plan 769)to a point; 4. 61° 59' 120.00 feet along Lot 81 of Lono Kona Subdivision to the point of beginning and containing an area of 7,500 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. Prior to this payment, water calculations with anticipated maximum daily water usage as recommended by a registered engineer shall be submitted to the Department of Water Supply. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. This time period shall -2- '7 include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures,access roadway, driveway and parking stalls. The applicant shall provide adequate off-street parking and a turnaround before entering the County road right-of-way. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. The applicant shall provide improvements to Kalawa Street fronting the subject property. The applicant shall widen,by 5 feet, and provide full improvements to the entire (as widened)Kalawa Street frontage consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works. The widened street shall be dedicated without cost to the County of Hawaii prior to the issuance of a Certificate of Occupancy. Install street lights, signs and markings,meeting with the approval of the Department of Public Works, Traffic Division. E. The driveway connection to the subject parcel from Kalawa Street shall conform to Chapter 22, Streets and Sidewalks,of the Hawaii County Code and meet with the approval of the Department of Public Works. Driveways shall conform to County Standards Details. All sight distances shall meet the requirements of the Hawaii Statewide Uniform Design Manual or AASHTO Guidelines. F. A drainage study shall be prepared, and the recommended drainage system shall be constructed, meeting with the approval of the Department of -3- Public Works, prior to the issuance of a Certificate of Occupancy for any portion of the proposed development. G. The applicant shall connect to the existing County sewer lateral meeting with the approval of the Department of Environmental Management prior to the issuance of a certificate of occupancy. H. A Solid Waste Management Plan shall be submitted the Department of Environmental Management for review and approval. A copy of the approved plan shall be submitted to the Planning Department prior to the issuance of Final Plan Approval. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. J. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DI,NR-SI IPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SIIPD when it finds that sufficient mitigation measures have been taken_ K. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development. L. Should the Council adopt a Unified impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall he credited towards the requirements of -q- the Unified Impact Fees Ordinance. M. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the 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. 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 '.ave been foreseen or are beyond the control of the applicant, 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). 5 • 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. O. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. 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: e `./OrP • 6�� l,MEMBER, COUNTY OF HAWAII • Hilo ,Hawai`i Date of Introduction: July 23, 2003 Date of 1st Reading: July 23, 2003 Date of 2nd Reading: August 6, 2003 Effective Date: August 14, 2003 iwa t oice, -6- OFFICE OF THE COUNTY CLERK County of Hawaii , , Hilo • , Hawaii REG_ WED (DRAFT2) 'GG RUG 18 Pf7 2 I4 Introduced By: Bobby Jean Leithead-Todd ROLL CALL VOTE Date Introduced: July 23, 2003AYES N li B SEI OF H4 I First Reading: July 23, 2003 Arakaki X Published: N/A Chung X Elarionoff X REMARKS: Holschuh X Jacobson X Leithead-Todd X Reynolds X Safarik X Tyler X 8 0 1 0 Second Reading: August 6, 2003 To Mayor: August 7, 2003 ROLL CALL VOTE Returned: August 1$, 2003 AYES NOES ABS EX Effective: August 14, 2003 Arakaki X Published: September 7 2009 Chung X Elarionoff X ' REMARKS: Holschuh X Jacobson X • Reynolds X _ Safarik X Tyler X 7 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO �� FORM AND LEGALITY: ` P K.1))—(6-"\--__ �' \� COU, IL CHAIRMAN DEPUTY CORPORATION COUNSEL I ,r, COUNTY OF HAWAII r, I i l If� C<<•r''7YCLERK Date Bill No.: 115 (Draft 2) C-257. 1/PC-45 Approv d/Disapproved this lµ day Reference: f" _��7A� YOR. Cu9�s+ 1Ir � oa Ord No.: 03 115 oO OF HAWAII • ThFc20 N , LG-20 DU,, a. 7.- % CG-20 nKaa ho0. . 1 -/<2S Z S i CG-20 lc, ._ / VAI:'L5 \ �5�' A�0 ' deo \ S al LG-20 .� 1 X \ ' A-5a KuaklnlH o Wl'.,. , �� s 4,04— . * r 1 ra •VA.. 5 ale v' _ ,a 7 39 E rr��TIPLE- .MILY RESIDENTIAL( , .75 v.]5lac � 4 °'� WO„..ii_'-�.0 =M ERCRL CV. 2 1 il=7,5CiLl FT. V Y -1ti— -' L Z y pV-75 v ]s pz�\av �:N Ua�a7a7 RM-1 RM - OPEN IR'. _�._.. . . us _-1 RM-2.5 V-75 CV-7.5 ' %-` V-.75 \\__ 'f' __ CV-7.5 via OPEN �' LV-7.5 J- ' / '�.]s -1i. , -a V-1.25 v-l.zs 500 250 0 600 900 1,600 2,00D Foal AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE-FAMILY RESIDENTIAL (RM-1) TO VILLAGE COMMERCIAL (CV-7.5) AT HONUAULA, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 75022:040 Date:April 23, 2003 EXHIBIT "A" (Chrystal T.Yamasaki:1097) " 00 101 afro: so-Si ( ) >141 °fitful nim I awQI - " ::oJ �R711o0 W91YKdv pacodoJd w i a 0 8 S R o 09-69 133J1S 7(f17i'v'› 3 il I=ue 9NuNnd 01 u*; i'"L *` te.� jd J I 4 rna ;. fs .i ' '-- 1_ N Vi - - 3 a$ e a 20rc 17 T ' — .. 1 : AM- y rS _a - .. a Ya P�T .c^^— - _ _ Tho 4i^ •a • I iY s9Bo 4 9 <�`10d2 0 s � Ig4yYY AV $3800e°gm IiS Si o . roe ro,3 '3 i it • i LH � ■+flit ■ CI; 11 I I1 EN) 4: I I dI I ..lir r- - o. t11 I 1 VIII II \ 41 j JtNc\ ri 0 (/ Thi Ili d i1- :- _. 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Minimum j1 - L .. al 1 1 1 Io181 SI till `. t i / I � ■ --_- / ,i0== - a. / !I / '':,I is x oo � Eli I \ - 7_ ° • \ g 1 il ; in , \ \ oczio —odo oqo —oqo \\ - O9 101 040' ZCO- 5-L (C) >N.L _ F g uegm I]WOVJV a atuei 11 3 071 06 int L :ion 6uIpllnq waade mintpaeodod "�' i p e °o M o % m "o I MIIIIIIIlIIII I I IN $ 1 oqo ■000 IOgo spin= i_ / i■', ce' I� �h ps1 r_ I0 aN11 Iri// L, I4irej a____ In..1, 1 U =0 ;0El �■ -i -- MMI- IN il MI _ � ill i. INIII • it l \ .0 \ i000 WOOL 'ioqo pogo P \\ um a \II 1 NJ 1111111111111 11111 Tante Urban pL1,}'Ml?;G DEPARTMENT 100 W.Kaahumanu Avenue COPl:TY OF I11'.7MJI Kahului,HI 96732 Tel: (808)640-0193 2016 J.1.11 15 111 10: Oq January 14,2016 Duane Kanuha County of Hawaii Director of Planning 101 Pauhi Street#3 Hilo, HI 96720 Aloha Director Kanuha: Re: TMK 7-5-22-40 I am writing in response to your letter dated December 21, 2015 (copy enclosed for your convenience)requesting various items and information. Item#1 (a): Five(5)years to occupancy(completion)25-2-46 of code (b): Concurrency is triggered by more than 50 peak hour trips. This project has six(6) two-bedroom units and approximately 500 square feet of commercial area (c): The project is in an area where there are no concurrency requirements as stated in C.D.P. Additionally, it is in the Kailua Village Redevelopment Area which also has no concurrency requirements (d): refer to attached letter Item#2: I had purchased the above property in 2007, one (1) year prior to Condition C (5 years to build)went into effect. In 2008,the US and worldwide economy collapsed and I was not able to secure a loan. Upon speaking to various lenders, I currently now have the ability to secure financing. Item#3: See attached Please contact me should you have any questions or need more information Sincerely, 7� / _ 103133 William P.%aoi Duane Kande Mayor r war Bobby Commend Deputy Director WestHsw,rI Office Es tllawui Office' 74.5044 Are Keabo'''-Hwya. 101 Prue aue0.9ae7 r:aasaaa.thwa7196140 County w Hawaii 1fila.Hawd'19rra) Phone ROC 5234770 Photo 00096142U Pu(SOS)327.350 PLANNING DEPARTMENT Da(SOS)9614742 • December 21,2015 Mr.Tante Urban 100 W.Kaahumanu Avenue Kahului,HI 96732 Dear Mr.Urban: Applicant Tante Urban Request: Time Extension for Condition C"Time to Complete Construction"of Change of Zone Ordinance No.03-115(REZ 03-005) Subject: Return of Application and Request for Additional Information Tax May 11ev: 1317-5.022:040 Thank you for your letter received December 3,2015 requesting a time extension to Condition C "Time to complete construction"for Change of Zone Ordinance No.03-115. We are returning your amendment application. After reviewing your application,we are requesting the following items and information be submitted to deem this application complete: I. Please provide all information requested in the September 28,2015 Planning Department response to your administrative time extension request,including: a. Please specifically articulate the amount of time you anticipate needing to complete construction. b. Please provide a discussion of how the proposed project meets concurrency requirements codified by the County Council in 2008(the Planning Department enclosed that section of code in the September 28,2015 letter). c. Please provide a discussion of how the proposed project conforms to the goals, policies,and actions of the Kona CDP as identified in the September 28,2015 Planning Department Letter.. p^x..animlvminjdem coal Hawaii an Eual OppamnlSpmvWerand LwkerM_ ___212015 Mr.Tante Urban Page 2 December 21,2015 d. We received confirmation front the Department of Water Supply via a letter on December 10,2015,that a water commitment deposit was paid for the proposed project. Therefore,you do not need to request a time extension for Condition B (Water Commitments). 2. Condition M of the subject Change of Zone Ordinance requires an Annual Progress Report(APR)be provided to the Planning Director to update the status of the development and compliance with condition of the ordinance. Our records indicate that we have not received an APR since 2005. Please provide the Planning Department with an APR status update as required by Condition M. 3. Please submit a list of names,addresses,and TMK's within 300 feet of the subject property for notification purposes as indicated in Section 25-24 of the Zoning Code. We will keep one copy of this application for our files. In addition,we are enclosing a copy of the receipt for the$250.00 filing fee and will hold the filing fee to use toward the resubmitted application. Please provide an original and 20 copies of the resubmitted application. If you have any further questions related to your amendment request,please feel free to contact Christian Kay at 961-8136. Sincerely, =Si `aU. 'leaning Director toad Pt«a-rosea rWlenn CmmeerAvuerthnemnN.ue®-tuzos.005 Amend Coad Cdoc cc: Bennett Mark,Kona Planning Department • . .Q4 WIdf99 tl. a� O �ta 111 .,o gyp/ DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI'I oxxAw•". 345 KEKUANAO'A STREET. SUITE 20 • HILO, HAWAII 96720 TELEPHONE (BOB) 961-8050 • FAX (808) 961-8657 December 10,2015 • Mr.Tante Urban Alahou LLC 100 West Kaahumanu Avenue Kahului, HI 96732 Dear Mr.Urban: Subject: Water Commitment Deposit Change of Zone Ordinance No.03-115 Applicant—Tante Urban Tax Map Key(3)7-5-022:040 This to acknowledge receipt of the required$1,050.00 water commitment deposit for a commitment time extension for the proposed development. We are enclosing Receipt No.281870 for your files. Pursuant to Rule 5 of the Department's Rules and Regulations a water commitment time extension for the proposed development in the amount 4,200 gallons per day,or seven(7)additional units of water at a maximum of 600 gallons per day,per unit,is hereby granted until December 31,2018,with the following conditions: 1. Construct necessary water system improvements,which shall include,but not be limited to: a. improvements to the existing water system to achieve the 2,000 gallons-per-minute fire flow requirement at the site for the proposed type of land use,and b. 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. Submit construction plans prepared by a professional engineer,architect,or land surveyor, licensed in the State of Hawaii,for review and approval. 2. Remit the prevailing facilities charge balance,which is subject to change,as shown below: FACILITIES CHARGE(FC): One(I)unit for first service(paid) Seven(7)additional units at$5.500.00/unit 38.500.00 Total FC $38.500.00 WATER COMMITMENT DEPOSIT CREDIT(W CD): Seven(7)additional units at$150.00/unit paid I time $(1.050.00) Facilities Charge Balance $37,450.00 . . .'Water, Our Mast Precious Resource. . . 7Ka'Wai.5tKane. . . TMe n....�_.,x...w....c...ne,ie an Gnu's!nnnnmmuv nmvieler and employer. Mr.Tante Urban Page 2 December 10,2015 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information,water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount;for example,when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge,no refunds are applicable. 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment,at which time availability will be subject to change in accordance with prevailing water system conditions,policies,and Rules and Regulations. Should there be any questions,please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070,extension 255. • Sincerely yours, 'n'Keith K.Okamoto,P.E. Manager-Chief Engineer TS:dfg Enc. copy—Planning Department Aina Engineers Inc. • PLANNING DEPARTMENT r„nl!177P nc lLAl7ill DEPARTMENT OF PUBLIC WORKS 2DI6 FFE 22 dN IIS y COUNTY OF HAWAII HILO, HAWAII DATE:February 22,2016 Memorandum TO Duane Kanuha, Planning Director Planning Department FROM Ben Ishii, Division Chief,L Engineering Division SUBJECT : Amendment to Change of Zone Ordinance No.03-115(REZ 1020) Applicant:Tante Urban (formerly Chrystal Yamasaki) Request: Amendment to Conditions C(Time to Complete Construction) Location: Honuaula, N.Kona, Hi TMK: 3/7-5-022:040 We reviewed the subject application and have the following comments on the request: To be consistent with other properties along the mauka side of this block of Kalawa Street,we revise our original recommendation that 5 feet of the property be improved and dedicated to the County. Instead the condition should be to continue the same width of curb gutter and sidewalk Improvements within the existing 40 foot wide Kalawa Street right-of-way from the abutting property and provide a 5 foot future road widening setback along the Kalawa Street front of the subject property. Suggested wording of revised Condition D : The applicant shall provide a 5 foot wide future road widenina setback along the entire Kalawa Street frontaae of the sublect property and show the future road widening setback line on any site plan for Plan Approval. All structurai_aetbacks shall be taken from this future road widenina line. The applicant shall provide Improvements to Kalawa Street fronting the subject property. The applicant shall (widen by 5 feet, and] provide Improvements to the entire [(es widened)] Kalawa Street frontage consisting of, but not limited to,curb gutter and sidewalk,drainage Improvements, and any relocation of utilities meeting with the approval of the Department of Public Works[.The widened street shall be dedicated] 103760 Planning Dept. Exhibit. Z DPW Memo to PD-REZ 1020 February 22,2016 p.2 of 2 without cost to the County of Hawaii, prior to the issuance of a Certificate of Occupancy. Install streetlights,signs and markings, meeting with the approval of the Department of Public Works,Traffic Division. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323-4851. KE copy: ENG-HILO/KONA Hawaii County Is an equal Opportunity Provider and Employer To*WA-rot 9. �a. 'c3 ` DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII kaEMAw 315 KEKU ANAO'A STREET. SUITE 20 • HILO. HAWAI-I 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 November 25, 2015 Mr. Peter Dahlberg Aina Engineers Inc. P.O. Box 81 Hdlualoa, HI 96725 Dear Mr. Dahlberg: Subject: Water Usage Calculations for Apartment Building and Commercial Kitchen Change of Zone Ordiance No.03-115 Applicant-Tante Urban Tax Map Key 7-5-022:040 We have reviewed the subject estimated water usage calculations and find them acceptable. Based on the estimated maximum daily usage of 4,298 gallons per day(GPD), the proposed development will require eight (8)units of water, at a maximum of 600 GPD per unit. A 111-inch meter should be adequate to support that demand for the proposed project. Pursuant to Rule 5 of the Department's Rules and Regulations,a water commitment may be issued. Based on the seven(7) additional units of water needed(one(1)unit of water allotted through an existing 5/8-inch water meter),the required water commitment deposit is$150.00 per additional unit, or$1,050.00. Remittance of the water commitment deposit is requested as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. Upon receipt of the water commitment deposit, we will provide our requirements for water service, applicable facilities charges due, and other conditions for final approval. The commercial zoning requires the installation of a reduced pressure type back-flow prevention assembly(BFP)within five 15) feet of the meter on private property. The installation of the backflow prevention assembly must be inspected and approved by the Department. The Department's Water System Standards require that a minimum of 2,000 GPM be available at the site for fire protection for commercial zoning. Please be informed that the nearest fire hydrant is connected to a 6-inch waterline. within Kalawa Street, which is inadequate to provide the required fire flow. The applicant should contact the Fire Department to determine any other fire protection requirements. . . .Water, Our Most Precious Resource . . . 7(,a Wai A pane. . . Tho Department of Water supoN Iran Equal Opportunity v,9rme•and emgersr. Planning iept. =xhibit_ Mr. Peter Dahlberg Page 2 November 25.2015 Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Sincerely yours, Keith KKeith K. Okamoto, Manager-Chief Engineer RQ:dfg ✓copy—Mr.Tante Urban - WPItft• ASI1 i i DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII -herxew.o., 365 KEKDANA6'A STREET. SUITE 20 • HILO. HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 981-8657 December 10,2015 • Mr.Tante Urban Alahou LLC 100 West Kaahumanu Avenue Kahului,HI 96732 Dear Mr.Urban: • Subject: Water Commitment Deposit Change of Zone Ordinance No.03-115 Applicant—Tante Urban Tax Map Key(3)7-5-022:040 This to acknowledge receipt of the required$1,050.00 water commitment deposit for a commitment time extension for the proposed development. We are enclosing Receipt No.281870 for your files. Pursuant to Rule 5 of the Department's Rules and Regulations a water commitment time extension for the proposed development in the amount 4,200 gallons per day,or seven(7)additional units of water at a maximum of 600 gallons per day,per unit,is hereby granted until December 31,2018,with the following conditions: Construct necessary water system improvements,which shall include,but not be limited to: a. improvements to the existing water system to achieve the 2,000 gallons-per-minute fire flow requirement at the site for the proposed type of land use,and b. 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. Submit construction plans prepared by a professional engineer,architect,or land surveyor, licensed in the State of Hawaii,for review and approval. 2. Remit the prevailing facilities charge balance,which is subject to change,as shown below: FACILITIES CHARGE(FC): One(1)unit for first service(paid) Seven (7)additional units at$5,500.00/unit • 38,500.00 Total FC $38.500.00 WATER COMMITMENT DEPOSIT CREDIT(WCD): Seven(7)additional units at$150.00/unit paid I time $(1,050.001 Facilities Charge Balance $37,450.00 Planning Dept. Exhibit_ • . . dater, Our Mast Precious Resource. . . SkjrWai717dne . . . en.,,., m.m„rw.tars'am„ma„Pm cal rinmmthimb emwder and amdeer_ Mr.Tante Urban Page 2 December 10,2015 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount;for example,when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment,at which time availability will be subject to change in accordance with prevailing water system conditions,policies,and Rules and Regulations. Should there be any questions,please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070,extension 255. Sincerely yours, '9teith K.Okamoto,P.E. Manager-Chief Engineer TS:dfg Enc. copy—Planning Department Aina Engineers Inc. ngryDEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII oFx•wl��; 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (BOB) 981-8050 • FAX (808) 961-8657 March 4,2016 Nt o r -, TO: Mr.Duane Kanuha, Director A <" Planning Department =rm -o FROM: Keith K. Okamoto,Manager-Chief Engineer --2-4 ':, -a FT SUBJECT: Amendment to Change of Zone Ordinance No.03-115(REZ 1020) — Applicant: Tante Urban Request: Amendment to Condition C(Time to Complete Construction) Tax Map Key 7-5-022:040 We have reviewed the subject request and have no objection. Please be informed that we have reviewed and accepted the water demand calculations prepared by Aina Engineers Inc. The applicant has an existing water commitment in the amount of 2,800 gallons per day (GPD), or seven(7)additional units of water at an average daily usage of 400 GPD per unit that will expire on December 31, 2018. Our conditions stated in our letter to the applicant, dated December 10,2015, and copied to your department, still stand. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Sincerely yours, Keith K. Okamoto, .E. Manager-Chief Engineer RQ:dfg copy–Mr.Tame Urban Aina Engineers Inc. Planning Dept. 104069 Exhibit _ .Water, Our Most Precious Resource . . . Ka Wai A Kane. . . . . -. .Mw-,_ .... _._ ...-- --u-•-- - William P.Kenol .1I\ 'f•.I: III Leithead Todd Mayor • -t.e- . . Director Randy Kurohan \�'q' 81/ John A.Medeiroe Managing DirectorDepuy Director C rty d Har d'i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekaanao'a,Suite 41 • Hbo,Henri 96720 (808)961.8083 •Fax(808)961.8086 h1639/hawaiicounty Roy/environmental-management/ MEMORANDUM Date : March 29,2016 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director hj.'1 Subject: Amendment to Change of Zone Ordinance No.03-115(REZ 1020) Applicant:Tante Urban(formerly Chrystal T.Yamasaki) Request:Amendment to Condition C(Time to Complete Construction) TMK:7-5-022:040 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ) No comments ( ) 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 Hawaii County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Check or line out as applicable:[ j If required by the Director of the Department of Environmental Management("Director of DEM"), [ j 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. (X) Other: This property is required to connect to the County Sewer system as a part of the Lono Kong Sewer Improvement District project. Planning Dept. Exhibit County ofHawai'i ism Equal Opportunity Provider and Employer. nsVID Y..IfM �:.^��;• IMMO CM aIFYI CMOS io. f m.mvu..m IVV.oW..mor Si' ATE OF HAWAII $'� DEPARTMENT OF LAND AND NATURAL RESOURCES 147:31, LVID DIVISION POST OFFICE BOX 621 kola HONOLUUI,HAWAII 96809 February 16,2016 MEMORANDUM /f0 � 1 DLNR Agencies: Q' Div. of Aquatic Resources _Div.of Boating&Ocean Recreation -a X Engineering Division _Div.of Forestry&Wildlife _Div.of State Parks a a _Commission on Water Resource Management Office of Conservation&Coastal Lands X Land ' "on District .. X ' tone anon Hawaii t a ation FROM: L Russell Tsuji,Land Administrator •- • •- JECI`. '- - - Amendmentto Change of Zone Ordinance Nb;03-1 I5'(REZ 1020)- -- ---- -" " LOCATION: Keopu-Honuaula,North Kona,Hawaii;TMK:(3)7-5-022:040 APPLICANT: Tante Urban(formerly Chrystal T.Yamasaki) Transmitted for your review and comment is information on the above-referenced project. We would appreciate your comments on this project. Please submit any comments by March 4,2016. Ifno response is received by this date,we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. ( ) We have no objections. ( ) We have no comments. ( Lyi Comme is are att= ed. Signed: raw Print name:/ Cajty S.Chang,Chief Engineer Date: v/°-3 /Q cc: Central Files Planning Dept. Exhibit_, DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD)Russell Y.'Tsuji REF: Keopo-Ronaaula,NotthKant,Hawaii;Change of Zone Ordinance(REZ 1020) Hawat014 COMMENTS () We confirm that the parcel/project site,according to the Flood Insurance Rate Map(FIRM),is located in Zones X. The National Flood Insurance Program does not regulate developments within Zones X. (X) Please take note that the project site,according to the Preliminary data In the Flood Insurance Rate Map(FIRM),Is located In Zone X.The National Flood Insurance Program does not regulate developments within Zones X. () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is () Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program(NEW)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 Thu-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 ova the minimum NMI'standards. If there are questions regarding the local flood ordinances, please contact the applicable CountyNFIP Coordinators below: () Mr.Mario Siu Li at(808)768-8098 of the City and County of Honolulu,Department of Planning and Permitting. () Mr.Carta Romero(Acting)at(808)961-8943 of the County of Hawaii,Department of Public Works. O Ms.Carolyn Cortez at(808)270-7253 of the County of Maui,Depahnent of Planning. () Mr.Stanford Iwamoto at(808)241.4896 of Ore County ofKauai,Department of Public Works, () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must That 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: () Whet Should you have any questions,please call Mr.Rodney Shiraishi of the Planning Branch at 587-0258. • Signed: L A A CARAT CCH.1%,CHIEF ENGINEER Date: 3 • • I M 10001/041 Id • • • • •IC• • • j r , Ma/ HRMRRYtMR ...••~ 4%.A • Flood Hazard Assessment Report 1\ A m.nawaiinrp.org SPECIAL 00 HAZARD M Ilio M)%MEp 10 ({ :3 P THE %ANNUALCHANCE FIWO The l%annual ch a& IHA X100 \` Keo u-Houaula N Kona nun am inane as the heseMW,n the Dead that a a 1%chanced a\ _ being equaled or exceeded In any Riven year.ssNM Y,Wde Zone A,AE, .. r AKAO.V.and VE.The Base Hand F%adm lSIC)x IM wiles surface elevation d the 1%annual chance Ind. Meedrrary IoM eminence Property Information Notes: pitl1e•'PPN•`"'""°"" NEN z in tA:No RIE determined 01005. 011:0• -- NIBzuM m At E aetemind. TIM ERSHED: WAIw PARCEL ADDRESS: 533.MAWR SleFET Zone MI:Flood depths of]ton.feet(usually areas of poed.M; BFE determined. NMLOARPl/&M SVW }mm AO:Flood deaths d 1 to 3 feet(usually sheet flow on Flood Hazard Information 01PMreran.%Image depths determined. FIRM INDEX DATE: APRIL 02.2001 Dant V:Coastal Nova zone wash rdulry hazard lwave arnml: no ME detente. LnfR Of map CHANCEls): NONE tom ICM PANED: IS516ra1110 tom VE Cads MM tone mak velocity heard(www ammL BRE deformed. PANEL fl4RM DATE. MAY in 1991 OM the cchhaannnel of Aft Inc%plus anay area`aQM 1103041^aIn Zone AD The reas Wtxmull be heat fru of ewMnent n that the 1%emual chance Mad can be carried without locand%the BEE. .SPECIALROOD HAZARD ARFA.An area In a low.tmnmderush THISOPERM IS MINIMA TSUNAMI EVACUTION Mlle NO Iood am zone .No mandatory flood insurance rda orequirements apple. FR OR MOREINFO.VISIT:Mtn Wwwx recd nawallaoa/ tutrvaeage n araiahx in paMnpaI 0 communities. THIS PROPER-015%10N A DAM EVACUATION ZONE NO IIII Zone RSDI thadtdl:Areas of 0.2%annual Chance food;areas of FOR MORE INFO VISIT:htlp Ndinrenamwal too/dam/ 1%annual chance flood with enrage depths of lea than 1 fool protected byI veer ron less a than 1 square and aeras from l%am1 flood.squm lona%:Areas determined tote outside the 0 E%annual thanne Oein gvltmr.fm Mewo*Demmer*o/Ind M MUM Moan(Well oniony no re4onaG%y man from OTHER ROOOAPEV °dear.meNkmrt4 0,4"MOWS,NM Wmme.t amused m this report M.sn leen ore Riwin%/u try me CM memory erne automationmaim mamN/y1M OM%ks flaws aha•halo mm w 9mmywMr myon•pwn In use ofI Sio mafwmaMe n, Zone o Unstudied near where flood wrmas we underer. q Mx Rana Bea**IRO R.9RIMRMIRY'.Mew McIMRR mined,;Rue.1ut nwbutopossible.aa Nomann p.rhitory atinnomma Map Maeag rot steimAle Rem, e+pgy.b+t toerye xamLHalnwrMlwnnvtammu. d•Mea`ash waded cuI,S ince MW a R Mpassro /u Amat aoerleamta Rem, PLANNING DEPARTMENT COIIIITY OF HAWAII muffle oat DAVID V.Int .,a° mw imusocaumum a 016 LIAR —9 AH & 35 WAll me,-.m,.ea� am d1eA� m tl wMYT.M. .,a {. { car I fat: MIAMI MONK2.3.!MAIM INIMALIMCDIVEIWKS jounaramai STATE OF HAWAII '""` MIAMI''At intn *atoms,. DEPARTMENT OF LAND AND NATURAL RESOURCES UntIOLAVZ SUM MEZVICOMMILN STATE HISTORIC PRESERVATION DIVISION VAR IONS KAKITHIHEWA BUILDING 601 KAMOKILA BLVD.STE 555 March 3,2016 KAPOLEI,HAWAII 96707 Mr.Duane Kanuha,Director Log No.2016.00304 Planning Department Doc No.160300O2 County of Hawaii Archaeology 101 Pauahi Street,Suite 3 Hilo,HI 96720 Russell Y.Tsuji,Land Adminisnator Land Division Department of Land and Natural Resources P.O.Box 621 Honolulu,HI 96809 Dear Sirs: SUBJECT: Chapter 6E-42 Historic Preservation Review Amendment to Change of Zone Ordinance No.03-115(REZ 1020) Amendment to Condition C(Time to Complete Construction) Lanihan 1&2,*Moeauo Ahupuaa,Kona District,Island of Hawal'l TMK:(3)7-5-022:040 Thank you for the opportunity to review this application that was received by our office on February 18,2016.The submittal indicates that the applicant,Tae Urban,is requesting for the subject parcel an amendment to Change of Zone Ordinance No.03-115 (REZ-1020), and an amendment to Condition C. The applicant indicates that upon purchasing the property in 2007, the original owner failed to complete construction within the specified 5 year period.The applicant is requesting a lime extension to Condition C in order to complete his proposed project of developing a six unit multi-family apartment with a commercial kitchen on the ground floor. A review of our records indicates that no archaeological inventory survey(AIS)has been conducted within this parcel.Aerial photographs also indicate that the area has heal impacted by urban development and previous grading and grubbing.However,it remains tmdear whether any potential historic properties are present. Based on current information, SHPD has not concerns regarding the two amendments. However, SHPD requests the oppathmity to review odor to issuance env permit involving Around dLsturbine activities. Please contact me at(808)692-8019 or at Susan A Tebo(dhawaii.aov if you have any questions regarding this letter. Aloha, Susan A.Lebo,PhD Archaeology Branch Chief cc:Lydia Morikawa,DLNR-Land Div U.vdia.Morikawa(dhawaii.Rov) Christian Kay,COH-Planning Div (Christian Kavehawaiicountv.Rov) 104148 Planning Dept. Exhibit DAVID Y. GER;11If;G OP.P/":"ENT VIRGINIAPGR GEFHEALT,MD. GOVERNOR OFHAWM 1: . ^Firei P , , PI 4 02 STATE OF HAWAII DEPARTMENT OF HEALTH P.O.Box 916 HILO.HAWAII 96721-0916 MEMORANDUM DATE: February 25,2016 TO: Mr.Duane Kanuha Planning Director,County of Hawaii FROM: Eric Honda fit District Environmental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No.03-115(REZ 1020) Applicant: Tante Urban(formerly Chrystal T.Yamasaki) Request: Amendment to Condition C(Time to Complete Construction) Tax Map Key: 7-5-022:040 Public Sewers/Private Sewer System I. The subject project is located within or near proximity to the County sewer system. a. All wastewater generated shall be disposed into the County sewer system. The applicant would need to meet the requirements of our Department of Health Air Pollution Rules,Chapter 60.1,Title I1,State of Hawaii for fugitive dust control. If there is need to discuss these requirements,please contact our Clean Air Branch staff at Ph.933-0401. The proposed project needs to meet the requirements of Chapter 50,Food Safety Code. Please call our office(Ph.933-0917)for consultation and additional information. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46,"Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. 103873 Planning Dept — Exhibit_ PLANNING DEPARTMENT Kay, Christian rntIuTv nF HAWAII From: Tom Fine Sr<tomfinesr@gmail.com> 2016 11AR -U PM U 26 Sent Friday,March 04,2016 4:09 PM To: Kay,Christian Subject Zone Ordinance No.03-115(REZ 1020)Urban Christian, After 1 received Tante's letter dated Feb 18,2016 concerning the above Ordinance,I called him to clarify what he was proposing.Tante and I have been friends for a long time. I own the building makai of his apartments on Kalawa St.This is not a letter of protest,but of concern. I spoke to him at length on Saturday Feb 27,2016. I expressed my concerns about the parking demands that would be added by building another 6-2 Bedroom apartment unit and a restaurant.He currently has 2 apartment units(75-5737&75-5741 Kalawa St).Each of those units have 6-2 bedroom apartments and 1 studio.Each building has 12 parking spaces which is not enough for those units at this time.When there is not enough parking at Tante's apartments the cars overflow on my parking lot which creates problems for me. Tante admitted that there was a parking problem and that he makes an effort to rent to people with limited numbers of cars.I believe that he is doing that and is concerned about my parking lot.Unfortunately,the people that he rents to,do not have the same concern and their visitors either do not know to park in the apartment parking lot or don't care, and thus park on my parking lot.There is a women in the South apartment unit that sells some kind of food product and people park on my parking lot consistently to go and buy it. Tante also allows the West Hawaii Community Health Center to use his vacant lot(TMK-7-5-022:040)for their employee parking.When he builds on the vacant lot,that will created even more parking problems. Parking is critical in this area.Although I would imagine that all of the buildings in the area meet the parking codes,that is not sufficient for the traffic they generate.People are so desperate for a parking space,they park in the"No Parking"zones,creating traffic hazards. I am not sure how your department can help with this issue,but it would be greatly appreciated if it would be addressed in the Zoning Change process. I have always felt that"if you are not part of the solution,you are part of the problem!" If you have any questions,you may contact me by email or cell phone 808-896-3376. Mahalo for your help in this matter. God Bless, Tom Fine Sr pinning Dept. 1 104054 Exhibit,__ PLANNING DEPARTMENT Pn ,itV, Pc ®C;:'JI March 12,2016 2016 CIR 14 Pii 3: 10 Front Tante Urban 75-5737 Kalawa St. Kanua-Kona.HI 96740 To: County of Hawaii Planning Dept Attn:Christian Kay Re:Amendment to Change of Zone Ordinance No.03-115 MEI 10201 TMK: 7-5-022-040 Aloha Christian, Thank you for your letter of February 2$ 2016. 1 humbly request that you release me from the condition That would take five feet of my property as a widening reserve in exchange fora favorable recommendation of my plans.I do not fed That this Is Justified as you did not ask me to provide This on my neighboring property.It does not appear That The county win be able to widen Kalawa Street within a reasonable period of time, nor does it seem That widening Kalawa Street Is necessary as it Is a dead end with limited local traffic.Further,this is The last vacant lot on Kalawa Street and any road widening will affect all the existing building on Kalawa Street I am anxiously hoping to take advantage of an attractive interest rate from my lerder,but taking five feet of my property will force me to adjust my plans and cause me to delay or even caned building rental units which this community is desperately seeking to assist a seven housing shortage and to start a move toward walkable communities. Mahalo, TSAza Ta rban M 1 Ara i Urban/�tAlilJ-!� Planning ePt Exhibit 104241 P1 MItIING DEPMRTUENT moot( co: II" '11 March 15,2016 2016 IihR 16 P11 2: 44 From:tante Urban Araeeil Urban 75-5757 Kalawa St Ka0ua-Ko a,HI 96740 to: County of Hawaii PlanWng Department Attn:Christian Kay Re: Amendment to Change of Zone Ordinance No. 03-1151REZ 1020) 1MK 7-5-022-040 Aloha Christian,, I would like to address tom Fines letter by saying that I have met the standards set forth In Chapter 25 and the things that Mr. Fine Is concern about.If There are violations then the way to address Itis to call the police. If West Hawaii Community Health Center has parking Issues Then it Is their problem to solve and perhaps Planning should check to see if they in fact have sufficient par dng. Sincerely, G� 34/6--/6 tante Urban Ara cpli Urban �Ql1u"int, Planning Dept. Exhibit-111__ 104275- RTanteUrbanREZAmend.cda 3/24/16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION TANTE URBAN CHANGE OF ZONE ORDINANCE NO. 03 115 (REZ 1020) AMENDMENT TO CONDITION C 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. 03 115 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. 03-115, which states: "Construction of the proposed development shall be completed within five(5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. The applicant shall provide adequate off-street parking and a turnaround before entering the County road right-of-way. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements)." The applicant is requesting a 5-year time extension from the date of approval of this proposed amendment to complete construction of a proposed six(6) -unit,multiple- family apartment building with a commercial kitchen on the ground floor. 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 applicant acquired the subject property in March, 2007, and has stated that since this timeframe coincided with the -1- economic recession, he was unable to complete construction within the 5-year construction deadline. Additionally, the applicant is in the process of securing the required financing to complete the proposed development. 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 CV-7.5, is located within the State Land Use Urban District, and is Designated Medium Density Urban by the General Plan Land Use Pattern Allocation Guide (LUPAG)map. In addition, the Kona Community Development Plan (KCDP)was adopted by Ordinance 08-131 on September 25, 2008 by the Hawaii County Council. The project site is within the Kona Urban Area and the Kailua Village Redevelopment Transit Oriented Development area. Within the Kona Urban Area, growth would be directed to compact villages located along proposed transit routes or to infill areas within, or adjacent to, existing development. Based on the preceding, the subject property is consistent with the intent of the CDP by directing infill growth adjacent to existing development in the Kona Urban Area. Finally, the subject parcel is located within the Kailua Village Special District, which means that proposed construction plans are subject to architectural and design review by the Kailua Village Design Commission which will be required as a condition of this permit. The approval of this time extension request is not contrary to the General Plan, KCDP, and zoning, therefore, the Director recommends retaining the property's existing CV-7.5 zoning. Water is available from the existing Department of Water Supply system on Kalawa Street. The applicant has secured a commitment for eight(8)units of water for the proposed project per the Department of Water Supply (DWS). The applicant will be responsible for constructing necessary water system improvements as required by the which may include, but not be limited to the installation of a reduced pressure type backflow prevention assembly and improvements to meet DWS' commercial zoning fire flow standard of 2,000 GPM at the site for fire protection. In addition, the applicant shall -2- comply with all other applicable DWS policies and requirements. These requirements will be articulated as a condition of approval of this Ordinance amendment. The Department of Environmental Management Wastewater Division requires the extension of the public sewer and connection of any existing and/or proposed structures to the public sewer. The State Department of Health confirmed this requirement in their comment letter dated February 25, 2016, indicating that all wastewater shall be disposed of into the County sewer system. The applicant has stated that the sewer line has been extended to front the property, however, we have been unable to verify this with the Department of Environmental Management as of the writing of this report. The sewer extension and connection requirements will be articulated as a recommended condition of approval. Access to the property is from Kuakini Highway to Kalani Street, then south to Kalawa Street. Kalawa Street is a County roadway with an approximate 20-foot wide pavement within a 40- foot wide right-of-way. The current Ordinance requires the applicant to widen Kalawa Street by five (5)-feet and provide improvements (curb, gutter, and sidewalk) along the entire frontage of the subject parcel. However, DPW has suggested revising the roadway conditions to be consistent with other properties on the mauka side of Kalawa Street by continuing the same width of curb, gutter, and sidewalk improvements within the existing 40-foot wide Kalawa Street right-of-way from the abutting property and providing a 5 foot future road widening setback along the entire frontage of the subject property. The future road widening setback should be shown on all site plans for Plan Approval and all structural setbacks should be taken from the future road widening line. These new requirements will be articulated as conditions of this favorable recommendation. The original applicant proposed to construct an office building on the subject site and for that reason, the County Council did not include a Fair Share requirement in the original ordinance. As the current applicant is proposing a project with a Multiple- Family residential component and as the CV zoning allows for residential uses, we are recommending that the County Council include a Fair Share requirement as part of the amendment to this Ordinance. In addition, to ensure that the Goals and Policies of the -3- Housing Element of the General Nan are implemented, the standard housing condition will be added. Based on the preceding, the proposed request will not unreasonably burden public agencies to provide for infrastructure and utilities to the project site. Additionally, the request to amend Condition C to allow a time extension to complete construction of the proposed project is not contrary to the original reasons for granting the change of zone. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, 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 approval; 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. 03 115. The accompanying draft bill reflecting an amendment to conditions of Ordinance No. 03-115 is provided for your favorable consideration. The Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval,housekeeping revisions, and requested changes as indicated above (Material to be deleted is bracketed and strike through and material to be added is underscored). -q- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. Jtti3 Der: AN ORDINANCE AMENDING ORDINANCE NO. 03 115, WHICH RECLASSIFIED LANDS FROM MULTIPLE FAMILY RESIDENTIAL— 1,000 SQUARE FEET(RM-1)TO VILLAGE COMMERCIAL—7,500 SQUARE FEET(CV-7.5)AT HONUAULA, NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-5-022:040. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 03 115 is amended as follows: "SECTION 1. Section 25-8-5, Article 8, Chapter 25 (Zoning Code)of the Hawaii County Code 1983 (2005 Edition) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Honuaula,North Kona, Hawaii shall be Village Commercial —7,500 square feet(CV-7.5): SECTION 2. In accordance with Section 25-2-44,Hawaii County Code 1983 (2005 Edition),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) 'Protection of the public from the potentially deleterious effects of the proposed use, or -1- (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS" SECTION 2. Material to be deleted is bracketed and 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- CG-20 N • L6-20CG-20 `,,• a Re.75 w _aar-�� �, adOM- •-sa 00-20 /� ' , • 1.5 25-7.5 • ?-5i S C[, 20 el" s CG-20 1, 20 's A-5a CP Kuakfnf Nvry. `01` P� `s 3. Kms, -V-7.S o a0 C21' V-].5 1 w .0 v- 75 . 1 V-.75 - 6'10507 -SS 'moi / Rq. o ,`S 139735E w •.' RM-��s RM i ton F \ - TIPL -FAMILY RESIDENTIAL(-M-0 ' F,i 22\75 KAltu,vo. I_.____. v-.7s pan - � �ia��"��-• 6 CBM ERCIAL CV- 5 v. is Cv_-rs .t `�. kA" r :R . =7.SDQSO.FT. v is .1 '� 2; i 1 - - • V 75 HV\9 OPEN •� N CRZ5 .. .. 3 RM-1 �1 RM-I 4di 75 dig01. . __.. .1 RAA-2 s CV.7.51 1 V- 75 - CV-7.5 tF `D, OPEN 1,1q5- � CV- .5 I R5-107 ta S.v-AAs ` v-1.25 V-i.25 ' la 503 zw 0 1.000 +.500 z,o00 Fe Feat AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE-FAMILY RESIDENTIAL (RM-1) TO VILLAGE COMMERCIAL (CV-7.5) AT HONUAULA, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK. 7-5-022:090 EXHIBIT "A" Date.April 23, 2003 Chrystal T Yamasaki:1097) FOR REFERENCE ONLY TANTE URBAN RrantahbanREZAmeid crk 4/5/16 TANTE URBAN CHANGE OF ZONE ORDINANCE NO. 03 115 (REZ 1020) AMENDMENT TO CONDITION C A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. [ .,, .. .. . -. __.- .. ... .. .. . . .: .. Supply in accordance with its "Water Commitment Guidelines Policy" within ninety(90) days from the effective date of this ordinance. Prior to this payment,water calculation -- :- >: -- ! -::- --- - .] The applicant shall construct necessary water system improvements as required by the Department of Water Supply (DWS), which may include,but not be limited to, the installation of a reduced pressure type backflow prevention assembly and improvements to meet DWS' commercial zoning fire flow standard of 2,000 GPM at the site for fire protection. 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. The applicant shall comply with all other applicable DWS policies and requirements. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this [ordinance] amended ordinance. This time period shall include securing comments from the Kailua Village Design Commission and Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. The applicant shall provide adequate off-street parking and a turnaround before entering the County road right-of-way. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. The applicant shall provide a five(5)-foot future road widening setback along the entire Kalawa Street frontage of the subiect property and show the future road widening setback on any site plan for Plan Approval. All structural setbacks shall be taken from this future road widening line. [The applicant shall provide improvements to Kalawa Street fronting -- -• : : :-- •-- : :: - - - - - -- - :] The Applicant shall provide full improvements to the entire[( d)] Kalawa Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works. The [widened street] improvements shall be dedicated without cost to the County of Hawaii prior to the issuance of a Certificate of Occupancy. Install street lights, signs and markings, meeting with the approval of the Department of Public Works, Traffic Division. E. The driveway connection to the subject parcel from Kalawa Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and meet with the approval of the Department of Public Works. Driveways shall conform to County Standards Details. All sight distances shall meet the requirements of the Hawaii Statewide Uniform Design Manual or AASHTO Guidelines F. A drainage study shall be prepared, and the recommended drainage system shall be constructed, 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 development. G. The applicant shall connect to the existing County sewer lateral meeting with the approval of the Department of Environmental Management prior to the issuance of a certificate of occupancy. H. A Solid Waste Management Plan shall be submitted the Department of Environmental Management for review and approval. A copy of the approved plan shall be submitted to the Planning Department prior to the issuance of Final Plan Approval. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. J. Should any remains of historic sites, such as rock walls, terraces,platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. -2- K. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development. L. If the applicantfs), successor(s),or assign(s)develops residential units on the subject property. the applicant(s) shall make its(their) fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on thepercentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$8,754.58 per multiple family residential unit ($13,672.20 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: I. $4,318.39 per multiple family residential unit ($6,608.08 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. $136.48 per multiple family residential unit($317.37 per single family residential unit)to the County to support police facilities' 3. $419.84 per multiple family residential unit($626.84 per single family residential unit)to the County to support fire facilities 4. $187.12 per multiple family residential unit($274.44 per single family residential unit) to the County to support solid waste facilities; and 5. $3,692.75 per multiple family residential unit($5,845.47 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 -3- disposal facilities and roads within the region impacted by the proposed development subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. [ ]M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees,conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [A4]N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of[the ordinance] this amendment. The report shall include, but not 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. O. 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 Hawaii 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. [NHP 1. The applicant, successors or ao.,igns shall be responsible for complying with all of that could netheve-&cn-fease....or-afe l,e1end-the-eentrol of the aprin.nt, 2. Granting of the time extension would not be contrary to the General Plan or > c 3. Granting of the time extension would not be contrary to the original reasons for 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 _a. • action.] 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. [0712 Should any of the conditions not be stet or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -5- N 0 W Z W` Z ZW Qa CO o L.L W I-- z z Q I— U ONINOZ HUM dVV\I NOI1VDO1 •111/ 44?\ 1( INK ONINOZ HUM dVW NOIIV3O1 N C 1 .1 • • • 1 • • dHW AbH4Nf109Asn 0NV131H1S 1r 111W' 4 \ % \ \ : **4 \,! 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NOlIdaN ] WWO31e1 Sie1013 ?JI0 Z 0 z � O � Z Q w J z � U W Z OD u0 Ov LU U � w y J ~ m � < O W OU Q = Z QO z D ~ ce c:e 0 LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT APRIL 21,2016 A regularly advertised hearing on the application of TANTE URBAN(Amend REZ 1020)was called to order at 12:41 p.m. in the West Hawaii Civic Center,Community Center,Building G, 74-5044 Ane KeohokAlole Highway,Kailua-Kona,Hawai`i,with Chairman Keith Unger presiding. COMMISSIONERS PRESENT: Keith Unger, Scott Church,Collin Kaholo,Barbara Nobriga and Sonny Shimaoka ABSENT AND EXCUSED: Brandi Beaudet ALSO PRESENT: Danny Patel(Counsel for the Commission),Duane Kanuha(Planning Director),Daryn Arai(Planning Program Manager),Jeff Darrow(Planner),Christian Kay (Planner)and Noriko Sauer(Commission Secretary) And approximately ten people from the public in attendance. APPLICANT: TANTE URBAN (Amend REZ 1020) Request for a 5-year time extension to Condition C(time to complete construction)of Change of Zone Ordinance No. 03-115, which rezoned 7,501 square feet of land from a Multiple-Family Residential-1,000 square feet(RM-1)to a Village Commercial-7,500 square feet(CV-7.5)zoning district. The subject property is located at 75-5733 Kalawa Street,approximately 150 feet south of its intersection with Kalani Street,Honuaula,North Kona, Hawai`i,TMK: 7-5-022:040. UNGER: Continuing on to New Business. New Business continuing,New Business No. 5, Applicant Tante Urban,Amend REZ 1020. Staff,presentation? KAY: Thank you,Mr.Chair. As you stated,this is an amendment to a Change of Zone. The subject parcel is located in the North Kona District of Hawai`i Island. Sorry, it's a little difficult to see,but it's right here outlined in red. It is located in the Kailua Village area. For reference we've got Kuakini Highway running generally north-south through the slide,and also we've got Kalani Street running generally east-west here. Zooming in a little bit closer,again,we see the subject parcel outlined here in red,again with Kuakini Highway running north-south,Kalani Street east-west. Access to the parcel is off of Kalawa Street,which again is running parallel to Kuakini Highway in the mauka area. The zoning of the subject parcel and the parcel adjacent to the north is Village Commercial-7,500 square feet. Surrounding zoning includes mostly Multi-Family Residential,which is indicated in the brown color. So much of the area is either in commercial use or multi-family residential use, apartment buildings. The two parcels to the south of the subject parcel are also owned by the same applicant,and he's developed two multi-family apartment buildings. 1 DRAFT The State Land Use Boundary designation for the area is Urban. The LUPAG designation for the area, the Land Use Pattern Allocation Guide Map designation of the area,is Medium Density Urban. And the Kona CDP has designated the subject parcel,again here in red,within the Kona Urban Area as indibated by the red line and also within the Kailua Village Redevelopment Transit Oriented Development Area as indicated by the pink circle. It's also in the Kailua Village Special Design District. Here is an aerial photograph of the subject parcel. Again,for your reference Kuakini Highway running here generally north-south,Kalani Street generally east-west,and again Kalawa Street. We've got the McDonald's here makai of the parcel. The subject parcel is currently vacant. And again,just to give you an idea,these are the two apartment buildings that are also owned by the applicant. The applicant is requesting an amendment to Condition C of Change of Zone Ordinance 03-115 in order to provide more time to complete construction of a proposed six-unit,multi-family apartment building with a commercial kitchen on the ground floor. Condition C required that construction be completed in 2008. As the original Change of Zone was granted in 2003,he had again until 2008 to meet the five-year condition. The applicant did not come in for an administrative time extension at that time,which is his right; had he done so,he would have had until 2013 to complete it. He came back in in the early 2016,asking for a time extension, administrative time extension,but because he had gone past the 2013 date,that's why we had him come back to the Commission. The applicant is requesting a five-year time extension from the date of approval of this proposed amendment to complete construction of his proposed development. Here is the applicant's site plan,again just for reference we've got Kalawa Street running generally north-south. This is the ground floor, it's a three-story apartment building, so what you are seeing here again is the various parking,which is going to be underneath. We've got,this is the proposed commercial kitchen. At least the initial plan calls for some outdoor eating space,got stairways on either side of the building and an elevator,some laundry facilities and alike. The second and third floors,the mid-level here are four units and then the third floor is going to be considered two units to complete the six-unit apartment building. Here is a view of the property from Kalawa Street. Again,the parcel is vacant;however,the applicant has been allowing the West Hawaii Community Health Center to use this as overflow parking over the past several years. He did not obtain a Plan Approval in order to do that,so when we brought that to his attention,he said he would cease the use right away so that he could develop the land, should he be granted the time extension. Here are views from Kalawa Street looking south with the subject parcel on the left hand side,and Kalawa Street looking north with the subject parcel on the right hand side. Again,these are the existing apartment buildings,and you can kind of get an idea of what the proposed apartment building would look like. The Planning Director is recommending to forward a favorable recommendation to the County Council. With that,that was my presentation, I'd be happy to answer any questions that the Commission may have. UNGER: Thank you. Commissioners,any questions? I had a question. Can you clarify the widening of Kalawa Street? In a letter from the applicant to the Planning Department he stated he 2 DRAFT *4 owned several other properties on Kalawa Street; it was his understanding that there wasn't a setback requirement for that,and now there is a setback requirement for his property he is applying for. And according to the Planning Department,there is a four-foot setback. KAY: That is correct. Okay,so,the initial ordinance back in 2003 a req-,because that was changing from Multi-Family Residential to Commercial zoning,and because of the designation of the street as a secondary arterial,I believe,the requirement was to widen the road. So they actually said widen the pavement,add curb,gutter,sidewalk,at that point. So that was the original requirement,condition under the original ordinance. When he came back in for the time extension,Public Works looked at that and said in order to kind of be consistent with the curb, gutter,sidewalk and the pavement width with the adjacent commercial parcel,instead of widening so you would have a jog in putting it in,they said go ahead and be consistent with the pavement width,curb, gutter, sidewalk,to your next door parcel,and then just set aside a five-foot road widening setback so that should in the future Public Works decide to widen the road,that they would be able to do so within the five-foot setback. Did that answer your question? UNGER: Yeah. KAY: Okay. UNGER: Also,just a parking question,and I think Mr. Fine is here to testify,but in regard to the letter he's sent to the Planning Department,I mean, if we are all familiar with this area,parking is an issue. I did notice that there are two parking stalls per apartment; I didn't see any parking for the commercial kitchen or the eating area. Is there additional parking required for that,or how is that being addressed? KAY: So based on these plans,given the square footage of the proposed development, it would meet the code requirement,the code requirement for parking stalls. These are just preliminary plans,so he'd still have to go through the Plan Approval process at which point,should he change his plans between now and then,we take a look at it and require the appropriate amount of parking for the code UNGER: Okay. Thank you. KAY: You're welcome. UNGER: Any other questions? CHURCH: No. UNGER: Thank you. KAY: Thank you. UNGER: If the applicant can come forward at this time. Please raise your right hand. Do you swear and affirm to tell the truth before the Planning Commission? SUNDQUIST: Yes, I do. 3 DRAFT UNGER: Thank you. Please state your name and where you reside. SUNDQUIST: Lance Sundquist. I'm in Kalaoa,Kailua-Kona. UNGER: Thank you. Proceed with your testimony. This is your opportunity to,have you— SUNDQUIST: Yeah, I UNGER: Have you read the background report SUNDQUIST: Yes. Yes, I have. UNGER: —and do you agree with the recommendations from the Planning Department? SUNDQUIST: Yes,I do. UNGER: Okay, thank you. At this time do you have anything to add to that? SUNDQUIST: No,just that this plan we are looking at here doesn't have the five-foot widening strip on it, but the new plan does for the widening of the road, because he's agreed with that, and put the sidewalk in. UNGER: Okay, thank you. SUNDQUIST: Thank you. UNGER: Commissioners, are there any questions? Thank you. You may be seated. Are there any members of the public here to actually,we do. Is Thomas Fine here? KAY: He was here earlier. I think he may have left. UNGER: Okay. KAY: Just for your information he submitted the letter, so his concerns were identified in the letter,which is part of your packet as an exhibit. UNGER: Okay. KAY: Yeah. UNGER: Okay. I need a motion to close public hearing. SHIMAOKA: I make a motion we close. NOBRIGA: I second. UNGER: All in favor? 4 DRAFT ALL COMMISSIONERS: Aye. UNGER: Oppose? [None.] Motion passes. Public hearing is closed. Commissioners,at this time we are entertaining motions in regards to this agenda item. SHIMAOKA: I move that a favorable recommendation be forwarded to the County Council on the application to amend REZ 1020, based on the Planning Director's recommendation, findings, and proposed conditions, which shall be adopted. NOBRIGA: I'll second. UNGER: We have a second. We have a motion by Commissioner Shimaoka, second by Commissioner Nobriga. Any discussion? Roll call, please. KAY: Thank you,Mr. Chair. Commissioner Shimaoka? SHIMAOKA: Aye. KAY: Commissioner Nobriga? NOBRIGA: Aye. KAY: Commissioner Church? CHURCH: Aye. KAY: Commissioner Kaholo? KAHOLO: Aye. KAY: And Chair Unger? UNGER: Aye. KAY: Thank you. The motion carries, five-nothing. UNGER: Thank you. The discussion ended at 12:53 p.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 5 DRAFT