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HomeMy WebLinkAboutCOM 0907.000 2014-2016 ,�,— Randall M.Kurohara 26 N ,y: ��, Managing Director William P.Kenoiq —. =��___=� ate. Mayor �,. ,,•• a•.,.�. Robert H.Command EL j ;0," Deputy Managing Director County of Hawai`i Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawaii 96740 (808)3234444 • Fax(808)323-4440 May 26, 2016 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Members: w - r SUBJECT: Change of Zone Application(REZ 16-000203) Applicant: Chris Brilhante Request: A-3a to FA-la Tax Map Key: 2-4-034:044 v/Amendment to Change of Zone Ordinance No.06-114 (REZ 05-000023) Applicant: Big Island Candies,Inc. Request: Amendment to Condition C (Time to Complete Construction)and Conditions D,E, &F (Roadway Infrastructure Improvements) Tax Map Key: 2-2-034:066,078,and 079 Change of Zone Application(REZ 16-000204) Applicant: James Ishii Request: RS-10 to CN-10 Tax Map Key: 2-2-027:038,039.,and 058 As required by Chapter 7, Sec. 6-7.5 (a),Hawai`i County Charter,transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letters and enclosures regarding the above-referenced requests. -re WILLIAM P. KENOI Mayor MtranscouncilREZl6-203REZ05-023REZ16-204 Comm. No. q0 ? Enclosures Ref. To: pc__ Ref. Date "1N 0�3 201$ cc: Planning Department (ei `k aks` County of Hawaii is an Equal Opportunity Provider and Employer. qY Oi (•i4.• / . County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 MAY 262016 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. 06-114 (REZ 05-000023) Applicant: Big Island Candies, Inc. Request: Amendment to Condition C (Time to Complete Construction) and Conditions D,E,& F(Roadway Infrastructure Improvements) Tax Map Key: 2-2-034:066,078, and 079 The Windward Planning Commission, at its duly held public hearing on May 5, 2016, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 06-114. The properties is located on Kekuanao`a Street, at the northeast corner of Kekuanao`a Street and Hinano Street and the northwest corner of Kekuanao`a Street and Laukapu Street, Waiakea House Lots, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant has submitted a request to amend Conditions C, D, E, and F of Change of Zone Ordinance No, 06-114. Condition C states: "Construction of the proposed improvements 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, Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 access roadway, driveway and parking stalls. 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)." Condition D states: "A five-foot wide future road widening strip along the Hinano Street and Laukapu street frontages and a 10- foot wide future road widening strip along the Kekuanaoa Street frontage shall be subdivided and dedicated to the County within five(5) years from the effective date of this ordinance." Condition E states: "The applicant shall provide full improvements to the project's frontage along Kekuanaoa Street and Laukapu Street consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. The improvements shall be located within the future road widening setback." Condition F states: "Provide a minimum 20-foot corner radius (property line) at the intersection of the future road widening setback lines along Kekuanaoa Street and Laukapu Street. Provide a 33-foot corner radius (conforming to the back edge of the existing sidewalk) at the intersection of the future road widening setback lines along Kekuanaoa Street and Hinano Street." The applicant is requesting an eight(8)-year time extension to complete construction of a proposed two-story, 25,000 square foot production/storage facility on parcels 78 and 79 and open visitor rest area on parcel 66. The applicant t is also requesting additional time to complete and dedicate required roadway improvements on Hinano,Kekuanao`a,and Laukapu Streets. 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. According to the applicant, Big Island Candies (BIC) constructed a two-story building on property north of and adjacent to the Dru Kanuha, Council Chair and Members of the County Council Page 3 existing facility, which is located on TMK: (3) 2-2-034: 104 in 2013. The new building is currently meeting BIC's needs to provide space for cold and warehouse storage. Additionally, past and current economic conditions,both locally and globally, are not favorable for constructing a new facility at this time. Tourism spending, including tourism from Japan which is a significant part of BIC's market, continues to be at a level which does not justify the planned improvements. The applicant further states that they are committed to building the new production and storage facility when economic conditions warrant the need for increasing production. 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 properties are zoned CG-20, are located within the State Land Use Urban District, and are designated High Density Urban by the General Plan Land Use Pattern Allocation Guide(LUPAG) map. The approval of this time extension request is not contrary to the General Plan and zoning code, therefore, the Director recommends retaining the property's existing CG-20 zoning. Water is available to the project area. Each of the subject parcels is serviced by an existing 5/8—inch meter limited to an average of 400 gallons per day. The applicant has also secured a commitment for eight(8) additional units of water at a maximum of 600 gallons per day(4,800 gallons total). 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. According to the Department of Environmental Management Wastewater Division, any existing or proposed structures will be required to connect to the public sewer system. In addition, if required by the Director of DEM, the applicant shall conduct a sewer study and provide any improvements required based on that study. These requirements will be articulated as a condition of approval of this Ordinance amendment. Dru Kanuha, Council Chair and Members of the County Council Page 4 Access to the project site is currently from Kekuanao`a Street to the existing single-family dwellings on Parcel 66 and from Hinano Street for Parcels 78 and 79. Condition G of Ordinance no. 06-114 prohibits access from Kekuanao`a Street once the single-family dwellings are demolished. Access to Parcels 78 and 79 will be from Laukapu Street and access to Parcel 66 will be from Hinano Street. Roadway conditions D, E, and F will be amended to reflect timing of roadway improvement requirements associated with the 8-year time extension to complete construction of the proposed developments. To be consistent with the concurrency requirements of the Zoning Code, a condition of approval will require submittal of a Traffic Impact Analysis Report(TIAR) if a land use is developed that would generate over 50 peak hour trips. The applicants will be responsible for constructing any improvements identified in the TIAR required by the Department of Public Works. Water is available to the project area. Each of the subject parcels is serviced by an existing 5/8—inch meter limited to an average of 400 gallons per day. The applicant has also secured a commitment for eight(8) additional units of water at a maximum of 600 gallons per day(4,800 gallons total). Electricity and telephone, fire, police, and emergency medical services are all available to the site nearby in Hilo. Based on the preceding,the proposed request will not unreasonably burden public agencies to provide for infrastructure and utilities to the project site. In the Applicant's amendment request letter, they provided suggested language in the attempt to help clarify the required construction deadline and roadway improvement timeline. In order to be consistent with the Department's standard practices and condition formatting and to ensure clarity of condition requirements between both the Applicant and the Department, the Director's suggested language amending the subject conditions of approval differ from those provided by the applicant for the following reasons: • Condition C: The applicant suggested a deadline of August 8, 2021 (approximately 5 years) to obtain Final Plan Approval (FPA) and another three(3) years from that date to complete construction. This is problematic because FPA is just one step in the overall construction process and it is possible to obtain multiple FPAs making it difficult for the Department to track and enforce this condition. The Dru Kanuha, Council Chair and Members of the County Council Page 5 Director suggests eight (8) years to complete construction, including the requirement of obtaining Final Plan Approval. This is consistent with our current standard condition language requiring a timeline to complete construction and ultimately provides an equivalent amount of time to that which the applicant is requesting. • Condition D: The applicant suggested that we remove the 5-year deadline to subdivide and dedicate future road widening setbacks and have that subdivision/dedication action happen as respective development of the parcels abutting the street occurs, with the trigger for such improvements associated with the issuance of occupancy permits for the respective commercial development. In order to simplify the language for compliance purposes, the director suggests an 8-year deadline which matches Condition C, or prior to issuance of occupancy permits, whichever is sooner. • Conditions E: Similar to Condition D, the applicant proposes to associate the installation of full roadway improvements on Laukapu and Kekuanao`a Streets with the development of the associated parcels and have the completion trigger be prior to the issuance of occupancy permits for the proposed development. In order to simplify the language for compliance purposes, the Director suggests an 8-year deadline which matches Condition C, or prior to issuance of occupancy permits,whichever is sooner. • Condition F: Similar to the preceding roadway improvement conditions, the applicant the applicant proposes to tie the timing corner radius improvements for the intersections of Kekuanao`a and Laukapu and Kekuanao`a and Hinano Streets to the associated subject parcels. Unlike the other proposed condition language, there is no associated completion trigger. hi order to ensure consistent compliance with required roadway improvements associated with this project, the Director recommends an 8-year compliance deadline which matches Condition C, or prior to issuance of occupancy permits, whichever is sooner. Based on the preceding, the requests to amend Condition C (time to complete construction) to allow a time extension to complete construction of the proposed project and associated Conditions D, E, and F (Roadway Infrastructure)is not contrary to the original reasons for granting the change of zone. Dru Kanuha, Council Chair and Members of the County Council Page 6 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. 06114. The accompanying draft bill reflecting an amendment to conditions of Ordinance No. 06 114 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). 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. Since'-1y, Charl-. - .,. l: i, Chairman indward Pla ng Commission LB igislandcandiesamendREZ05-023 wpc2 Enclosures cc: Michael W. Moore, Esq., Law Offices of Yeh and Moore Big Island Candies, Inc. Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD DOT-Highways, Honolulu William Brilhante, Esq., Corporation Counsel BB1CandiesREZAmend.crk-4.27.16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT BIG ISLAND CANDIES, INC. CHANGE OF ZONE ORDINANCE 06114 (REZ 05-023) AMENDMENT TO CONDITIONS C, D, E, & F BIG ISLAND CANDIES, INC.has submitted a request for a 5-year time extension to Condition C (time to complete construction) and Conditions D, E, and F (roadway infrastructure improvements) of Change of Zone Ordinance No. 06-114, which rezoned 45,450 square feet of land from a Single-Family Residential-10,000 square feet(RS-10) to a General Commercial- 20,000 square feet(CG-20)zoning district to allow an additional production/storage facility and related uses and an open visitor's rest area. The properties are located on Kekuanao`a Street, at the northeast corner of Kekuanao`a Street and Hinano Street and the northwest corner of Kekuanao`a Street and Laukapu Street, Waiakea House Lots, Wainkea, South Hilo, Hawai`i, TMK: 2-2-034: 066, 078 &079. REQUEST 1. Request: The applicant has submitted a request to amend Conditions C, D, E, and F of Change of Zone Ordinance No, 06-114. Condition C states: "Construction of the proposed improvements 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. 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)." -1- Condition D states: "A five-foot wide future road widening strip along the Hinano Street and Laukapu street frontages and a 10- foot wide future road widening strip along the Kekuanao`a Street frontage shall be subdivided and dedicated to the County within five(5)years from the effective date of this ordinance." Condition E states: "The applicant shall provide full improvements to the project's frontage along Kekuanao`a Street and Laukapu Street consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. The improvements shall be located within the future road widening setback." Condition F states: "Provide a minimum 20-foot corner radius (property line) at the intersection of the future road widening setback lines along Kekuanao`a Street and Laukapu Street. Provide a 33-foot corner radius (conforming to the back edge of the existing sidewalk) at the intersection of the future road widening setback lines along Kekuanao`a Street and Hinano Street." The applicant is requesting an eight(8)-year time extension to complete construction of a proposed two-story, 25,000 square foot production/storage facility on parcels 78 and 79 and open visitor rest area on parcel 66. The applicant t is also requesting additional time to complete and dedicate required roadway improvements on Hinano, Kekuanao`a, and Laukapu Streets. (Exhibit 1 - Change of Zone amendment request) 2. Reasons for the request: According to the applicant, Big Island Candies (BIC) constructed a two-story building on property north of and adjacent to the existing facility, which is located on TMK: (3) 2-2-034: 104 in 2013. The new building is currently meeting BIC's needs to provide space for cold and warehouse storage. Additionally, past and current economic conditions, both locally and globally, are not favorable for constructing a new facility at this time. Tourism spending, including tourism from Japan -2- which is a significant part of BIC's market, continues to be at a level which does not justify the planned improvements. The applicant further states that they are committed to building the new production and storage facility when economic conditions warrant the need for increasing production. 3. Landowner: Allan K. Ikawa Trust and Irma K. Ikawa Trust BACKGROUND INFORMATION 4. August 8, 2006: Effective date of Ordinance No. 06 114 which rezoned 45,450 square feet of land from Single-Family Residential-10,000 square feet(RS-10)to a General Commercial-20,000 square feet (CG-20) in order to accommodate an additional production/storage facility and related uses and an open visitor's rest area. 5. July 12,2011: The Planning Director approved an initial five-year administrative time extension to comply with Conditions C and D, to August 8, 2016. STATE AND COUNTY PLANS 6. State Land Use Designation: Urban. 7. General Plan LUPAG Map: High Density Urban 8. County Zoning: General Commercial -20,000 square feet (CG-20). 9. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by Resolution No. 1 on May 21, 1975 designates this area for residential; uses (RS-10). 10. Special Management Area: The property is not within the SMA boundary. It is located more than one mile from the nearest coastline. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 11. Subject Properties: The project site comprises three parcels adjacent to the existing Big Island Candies facility. Parcel 66 is located on the northeast corner of Kekuanao`a Street and Hinano Street, adjacent to and south of the existing facility. The two existing residences on parcel 66 are proposed to be demolished. This parcel is proposed for a rest area for visitors. Parcel 78 is vacant, fronts Laukapu Street, and located immediately south of the existing facility. Parcel 79, also vacant, is located on the northwest corner of Kekuanao`a Street and Laukapu Street, immediately south of and adjacent to parcel 78. -3- Both parcels 78 and 79 were improved with residences at one time, but have been demolished. The two parcels are currently graded and graveled. 12. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of residential, commercial and industrial uses. Parcel 80, located between parcels 66 and 79 on Kekuanao`a Street, is zoned RS-10 and is the site of The Gospel of Alpha and Omega Church. Lands to the north of the project area are zoned CG-20, currently the site of the Big Island Candies factory. Lands to the east and south are zoned RS-10. Parcels to the west are zoned RS-10 and CN-10. 13. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava bedrock. 14. Land Study Bureau's Detailed Land Classification System: Urban. 15. Agricultural Lands of Importance to the State of Hawaii (ALISH) Map: Existing urban development. 16. Flood Insurance Rate Map (FIRM): The property is classified as Zone X, areas determined to be outside the 500-year flood plain. The project area is also outside of the Tsunami evacuation zone. 17. Flora/Fauna: No professional surveys were conducted of the site. As the project site has been improved and located within an urban environment close to commercial, industrial and residential uses, the applicant does not believe that rare or endangered floral or faunal resources are on the site. 18. Archaeological/Historical/Cultural Resources: There are no known historic sites on the property as listed on the State or National Register of Historic Places. Because the project area has been extensively altered by the urban uses,it is unlikely that there are any surface or subsurface historic features nor any cultural and historical resources present on the property. In an April 14, 2016 letter, State Historic Preservation Division indicated that they had no objection to the amendment request. In addition, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural,historical or native resources in the area. Finally, -4- there is no record of a designated public access to the shoreline or mountain areas that traverses the properties. 19. Traffic: The applicant states that the proposed improvements are expected to generate fewer than fifty(50)peak hour trips with respect to traffic impacts. Conditions D, E, and F of Ordinance no. 06-114 require roadway and turn radius improvements to mitigate traffic and roadway concerns. PUBLIC UTILITIES AND SERVICES 20. Access: Access to the project site is currently from Kekuanao`a Street to the existing single-family dwellings on Parcel 66 and from Hinano Street for Parcels 78 and 79. Condition G of Ordinance no. 06-114 prohibits access from Kekuanao`a Street once the single-family dwellings are demolished. Proposed a ccess to Parcels 78 and 79 will be from Laukapu Street and access to Parcel 66 will be from Hinano Street. 21. Water: Water is available to the project area. Each of the subject parcels is serviced by an existing 5/8 —inch meter limited to an average of 400 gallons per day. The applicant has also secured eight(8) additional units of water at a maximum of 600 gallons per day (4,800 gallons total). 22. Wastewater: According to the Department of Environmental Management Wastewater Division, any existing or proposed structures will be required to connect to the public sewer system. In addition, if required by the Director of DEM, the applicant shall conduct a sewer study and provide any improvements required based on that study. 23. Solid Waste: There are no municipal waste collection services in the County of Hawai`i. Condition J of Ordinance no. 06-114 requires the applicant to submit a solid waste management plan to the Department of Environmental Management(DEM) for review and approval prior to Occupancy. 24. Essential Utilities and Services: Electricity and telephone services are available to the site. County fire stations, police and emergency medical services are available nearby in Hilo. AGENCIES' COMMENTS 25. Department of Water Supply: (Planning Department Exhibit 2—February 29,2016 -5- letter to Michael Moore and March 3, 2106 Memo to the Planning Department) 26. Department of Environmental Management-Wastewater Division: (Planning Department Exhibit 3—March 29,2016 memo) 27. DLNR—Engineering Division: (Planning Department Exhibit 4—February 23, 2016 memo) 28. DLNR—State Historic Preservation Division: (Planning Department Exhibit 5— April 4, 2016 letter) AGENCIES -NO COMMENT OR OBJECTIONS 29. Department of Public Works, Department of Environmental Management-Solid Waste Division, Police Department, Fire Department, DLNR—Land Division, Department of Health, Department of Transportation AGENCIES -NO RESPONSE 30. DPW—Building Division PUBLIC COMMENTS 31. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -6- Law Offices of Yeh & Moore THOMAS L.H.YEN tlyerhandmoore.cot A Limited Liability Law Company MICHAEL W.MOORE mmoore @yehandmoore.cor 85 W.Lanikaula Street,Hilo,Hawaii 96720-4199 016 u pm 907 Of Counsel: Telephone (808)961-0055 Fax (808)969-1531 i! FEBO JILLD.RAZNOV jdratnovQpnail.cor PLANNING DTARTMENT COUNT( OF HAWAII February 4,2016 Via hand delivery Duane Kanuha,Director Planning Department Myles Miyasato, Chairman Windward Planning Commission County of Hawaii 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Re: Request for Amendment Ordinance No.06-114 Change of Zone from RS-10 to CG-20 Applicant: BIG ISLAND CANDIES, INC. Tax Map Keys: (3)2-2-034: 066.78 and 79 Dear Director Kanuha,Chairman Miyasato and Members of the Commission: This office represents Big Island Candies, Inc. ("BIC") in connection with the above rezoning ordinance(Change of Zone Ordinance No.06-114(REZ 05-000023)). On behalf of BIC,we submit a request for an amendment of Conditions C,D,E and F of the rezoning ordinance to allow a five-year extension of time to obtain Final Plan Approval,construct improvements as contemplated under the rezoning ordinance,and to clarify conditions requiring completion and dedication of road improvements to the County as the parcels abutting affected road sections are developed. Ordinance No.06-114 became effective on August 8,2006. The rezoning from RS-10 to CG-20 affected three parcels,which have a total area of approximately 45,450 square feet. The rezoning of these parcels was to allow the construction of an additional production/storage facility and related uses adjacent to BIC's existing sales and production facility to provide additional production capabilities as well as cold and warehouse storage space for raw materials and finished products. BIC's existing facility is located on Hinano Street, with roadway frontage on two sides via Hinano Street and Laukapu Street The parcels which are the subject of the rezoning are adjacent to the existing facility. One parcel is at the northeast corner of the Hinano/Kekuanaoa Street intersection, and the other two parcels are located at the northwest corner of the Planning Dept. Exhibit_ 10 3 4 5 4 Law Offices of Yeh&Moore A Limited Liability Law Company Duane Kanuha,Director, Planning Department Myles Miyasato, Chairman,Windward Planning Commission February 4, 2016 Page 2 Laukapu/Kekuanaoa intersection. The proposed production/storage facility will provide additional cold storage and warehouse storage space to support BIC's current operations and expand the product line. The production facility as proposed will be a two-story structure with a production area and cold storage on the ground floor and warehouse space on the second floor. The structure will be approximately 25,000 square feet in area. The project site is to be landscaped in keeping with the existing facility. As a condition of the rezoning,BIC is to provide full improvements to the project's frontage along Kekuanaoa Street and Laukapu Street consisting of,but not limited to,pavement widening with concrete curb,gutter and sidewalk,drainage improvements,any required utility relocation, and streetlights. Pursuant to Condition R of the ordinance,by letter dated July 12, 2011,then Planning Director BJ Leithead Todd approved an initial five-year extension of time to comply with Conditions C and D, to August 8,2016. BIC proposes amendments to said conditions as follows: C. EFinal Plan Approval in accordance with the Zoning Code for the proposed improvements shall be obtained by August 8,2021, and construction of the p►oposcd improvements shall be completed within fvethree(55) years fronrthevffective-rl-atc-of this Y • • .• • 7 ,i • • ' Zoning Co&•from the date of Final Plan Approval. Plans shall identify proposed structure(s),fire protection measures,access roadway,driveway and parking stalls. 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. A five-foot future road widening strip along the Hinano Street and Laukapu Street frontages and a 10-foot wide future road widening strip along the Kekuanaoa Street frontage shall be subdivided and dedicated to the County within flys(5) yea's fichn as the effective espective development of the parcels abuttin' these streets occurs. Dedication of such street fronta Law Offices of Yeh&Moore A Limited Liability Law Company Duane Kanuha,Director,Planning Department Myles Miyasato, Chairman, Windward Planning Commission February 4,2016 Page 3 shall occur prior to the issuance of occu.ancv Hermits for the respective development. E In conjunction with the development of the parcels abutting Kekuanaoa Street and Laukapu Street.the applicant shall provide full improvements to the project's frontage along Kekuanaoa Street and Laukapu Street consisting of,but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation,meeting with the approval of the Department of Public Works. The improvements shall be located within the future road widening setback,and shall be corn i leted .dor to issuance of occu Jane_I emits for the proposed development. F. PIn conjunction with the development of the parcels abutting Kekuanaoa Street and Laukapu Street.provide a minimum 20-foot corner radius (property line)at the intersection of the future road widening setback lines along Kekuanaoa Street and Laukapu Street. PIn conjunction with the development of the parcels abutting Kekuanaoa Street and Hinano Street.provide a 33-foot corner radius(conforming to the back edge of the existing sidewalk) at the intersection of the future road widening setback lines along Kekuanaoa Street and Hinano Street. As to concurrency requirements,the proposed development will not significantly increase the number of employees, and the improvements are expected to generate less than fifty peak hour trips with respect to traffic impacts. County water remains available through the existing 11/2 inch meter servicing the property. The property is outside of the tsunami evacuation zone. Nevertheless, outdoor warning sirens are within the vicinity of the property. In 2006,the estimated cost of the proposed new production and storage facility was $2.5 million. This cost has increased over time. In 2013,BIC constructed a two-story building on property north of and adjacent to the existing facility, which is located on TMK: (3)2-2- 034:104. This new building is currently meeting BIC's current needs to provide space for cold and warehouse storage. Additionally, past and current economic conditions,both locally and globally, are not favorable for constructing a new facility at this time. Tourism spending, including tourism from Japan which is a significant part of BIC's market,continues to be at a level which does not justify the planned improvements. Law Offices of Yeh&Moore A Limited Liability Law Company Duane Kanuha,Director,Planning Department Myles Miyasato, Chairman,Windward Planning Commission February 4,2016 Page 4 BIC remains committed to building a new production and storage facility as contemplated under the ordinance when economic conditions warrant the need for increasing production. At this time,however, the project is not economically feasible. As market conditions improve and development of the subject parcels can occur, the requested road work improvements and dedication for abutting road sections would occur in conjunction with such development, which the proposed amendments to conditions C,D,E and F would clarify. We submit with this request,the original and fifteen copies,a check in the amount of $250 for the filing fee, and a list of surrounding property owners. If you require any additional information, please contact us. We look forward to a favorable recommendation. LAW OFFICES OF YEH &MOORE MICHA L W.MOORE Enclosures 05 additional copies of request,check#20475,list of surrounding owners) xc: Big Island Candies, Inc. ,,,..,iii.'HATE 04, GA O¢ A( 1. 491 4.6 r' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII `"). 0",. 345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 March 3,2016 n x 1 -‹ -rt-0 -0 =} -73 TO: Mr. Duane Kanuha,Director }>; Planning Department _ rn -a FROM: Keith K. Okamoto,Manager-Chief Engineer SUBJECT: Amendment to Change of Zone Ordinance No.06-114(REZ 05-000023) Request: Amendment to Condition C (Time to Complete Construction)and Conditions D,E,and F(Roadway Infrastructure Improvements) Tax Map Key 2-2-034:066,078 and 079 We have reviewed the subject application and have the following comments and conditions. The Department has no objection to the amendment of Change of Zone Ordinance No. 06-114, Conditions C,D,E and F,as the requirements stated in our previous letter to you of February 29,2016, to you still stand. Should there be any questions,please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070,extension 255. Sincerely yours, Wag* Keith K.Okamoto, .E. Manager-Chief Engineer TS:dfg copy— Big Island Candies, Inc. Law Offices of Yeh & Moore • 104039 Planning Dept. . . .Water, Our Most Precious Resource. . . Ka Wai A Kane. . . je--..... The Department of Water Supply is an Equal Opportunity provider and employer. Exhibit pF WATE 8G_ . '99 49I DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII yrJof �••rP 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 HAWM TELEPHONE (808) 961-8050 • FAX (808) 961-8657 February 29,2016 t Q m Mr. Michael Moore Law Offices of Yeh & Moore ' 85 West Lanikaula Street y Yn Hilo, HI 96720 . Dear Mr. Moore: Subject: Water Commitment for Change of Zone Application(REZ 05-000023) Applicant—Big Island Candies,Inc. Tax Map Key 2-2-034:066,078, and 079 This is to acknowledge receipt of$7,200.00 for a water commitment for eight (8)additional units of water. Pursuant to Rule 5 of the Department's Rules and Regulations,a water commitment for the proposed production/storage facility and open area in the amount of 4,800 gallons per day,or eight(8)additional units of water at a maximum of 600 gallons per day, per unit, is hereby granted until September 30, 2016,with the following conditions: 1. Submit construction plans prepared by a professional engineer. licensed in the State of Hawai`i, for review. The construction plans must also show how 2,000 gallons per minute(GPM)will be made available to the subject parcels for fire protection, as required per the Department's Water System Standards. 2. Each of the subject parcels has an existing 1-inch service lateral, each capable of accommodating a 5/8-inch meter and limited to an average of 400 gallons per day. Should the applicant utilize the existing laterals, a reduced pressure type backflow prevention assembly must be installed within five (5) feet of each meter on private property. The installation of the backflow prevention assemblies must be inspected and approved before commencement of water service. Should the applicant choose to utilize the existing 1'/2-inch meter for the project. the existing service laterals will need to be cut and plugged. 3. Remit the prevailing facilities charge balance, which is subject to change, as shown below: FACILITIES CHARGE: Three(3)existing services to the subject parcels $0.00 Five (5) additional units @a $5,500.00/unit $27,500.00 FC Total (subject to change) $27,500.00 Planning Dept. ' ' .Water, Our 9l'fost Precious Resource . . . 7(a Wai A Kane . . . 10 3 9 4 The Department of Water Supply is an Equal Opportunity provider and employer Exhibit Mr. Michael Moore Page 2 February 29, 2016 WATER COMMITMENT DEPOSIT CREDIT: Eight(8)additional units @$150.00/unit ($ 8,400.00) FC Balance (subject to change) $19,100.00 4. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Should there be any questions, please contact Mr. 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 -'Planning Department Big Island Candies, Inc. William P.Kenos 'l, •.;; BJ Leithead Todd � Mayor -.--i Director '.\ - ,� . Randy Kurohara \";; A-• .• John A.Medeiros Managing Director ••• Deputy Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekilana8'a,Suite 41 • Hilo,Hawaii 96720 (808)961-8083•Fax(808)961-8086 http://hawai icountv.sov/env i ronmental-management/ MEMORANDUM • Date : March 29,2016 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director 'q Subject: Amendment to Change of Zone Ordinance No.06-114(REZ 05-000023) Applicant:Big Island Candies,Inc. Request:Amendment to Cond.C(Time to Complete Construction)&Conditions D,E,&F (Roadway Infrastructure Improvements) TMK:2-2-034:066,078 and 079 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: Lyle Hlrota _WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( ) No comments ( X) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the 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. (X) Check or line out as applicable:[X]If required by the Director of the Department of Environmental Management("Director of DEM"),[ ]applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other. County of Hawaii is an Equal Opportunity Provider and Employer. Planning Dept. Exhibit___ DF "+ _ QiItEFR1 DAWtmY.ICE , 16FEB24Ph11'04UZANNE D.CASE WVQAOR OFiNWVM � .-,:;�. RODO/ID lgltC[f + MAMLRVr 4 iti�vn , COMMON OM WAWA MOM: ADMIT T 4.'fifir r.v mI r �\ STATE OF HAWAII ( DEPARTMENT OF LAND AND NATURAL RESOURCES • LAND DIVISION POST OFFICE BOX 621 Ntrofwr^* HONOLULU,HAWAII 96809. February 23,2016 MEMORANDUM DLNR Agencies: Div.of Aquatic Resources Div.of Boating&Ocean Recreation X Engineering Division _Div.of Forestry&Wildlife _Div.of State Parks _Commission on Water Resource Management _Office of Conservation&Coastal Lands X Land Division—IH4w4ii.District X Historic Preservation FR‘M: 4 sse suji,Land Adminis or - — SUB7ECT:` Ordinance No:"06-1I4-(REZ•05=000023).- Request: Amendment to Condition C (Time to Complete Construction) and Conditions D,E&F(Roadway Infrastructure Improvements) LOCATION: Near 655 Kekuanaoa Street,Hilo,Hawaii Island,TMK: (3)2-2-034:066,078 and 079 APPLICANT: Big Island Candies,Inc. 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 14,2016. If no response is received by this date,we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. • ( ) We have no objections. ( ) We have no comments. ( Co nts are ttached. Signed: •Print name: Carty S.Chang,Chief Engineer Date: 7' Z 4(�� ct : C(,v%k rxt Fi les Planning Dept. Exhibit • DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y.Tsuji • REF: Amendment to Change of Zone Ordinance No.06-114(REZ 05-000023) Rttwafl.016 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) The Preliminary data supporting the Flood Insurance Rate Map(FIRM)indicates that the project site is located in Zone X. The National Flood Insurance Program does not regulate developments within Zone X. () The correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is_ () The project must comply with the rules and regulations of the National Flood Insurance Program (NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR),whenever development within a Special Flood Hazard Area is undertaken. If there are any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of Land and Natural Resources,Engineering Division at(808)587-0267. Be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr.Mario Siu Li at(808)768-8098 of the City and County of Honolulu,Department of Planning and Permitting. () Mr.Carter Romero(Acting)at(808)961-8943 of the County of Hawaii,Department of Public Works. () Ms.Carolyn Cortez at(808)270-7253 of the County of Maui,Department of Planning. () Mr.Stanford Iwamoto at(808)241-4896 of the County of Kauai,Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: () Other: Should you have any questions,please call Mr.Rodney Shiraishi of the Planning Branch at 587-0258. Signed: '/* CAR,_:.CH i'�,CHIEF ENGINEER Date: '`2't( ,t : a t :yPp' Oct z . mop :i lii r~ , . z- t OaL l , ; - ,,rat, 21,„-__v < ti � i f, r Lf47NdRY INE s 1 Sey.a'9L•a! "2rp`-'_ ;g ; i �M ew:. r fv.. :4 . ...�C'm,q 11i ''sPa litt ..;,;::::;x410400011... idilliki--.:41, ,,,, r T 3 ..BASEMAP:FIRMBASEMAP ...v ".:.. ssae. c. �► r•• •''‘ Flood Hazard Assessment Report /• ,t- i I s www.hawa)inflp.org SPECIAL ROOD HAZARD AREAS(SFHAS)SUBJECT TO INUNDATION BY Z Lf . ((f THE 1%ANNUAL CHANCE FLOOD •The l%annus chance hood(106 l-,+ j yex),also know as the base flood,Is the flood that has a 1%chance of� j�.�� TMK 3-2-2-034-066 �' ;,;`✓',r/J being equaled or exceeded in any given year.sFHAs Include zone A,AE, air+'-< +" AH,AO,V,and VE.The Base Flood Elevation(BFE)is the water surface elevation of the 1%annual chance flood. Mandatory flood insurance Property Information Notes: °a"""eipP"t5""'�e2O"" COUNTY: HAWAII — Zone A:No BFE determined. TMK NO: (3)2.2-034:066 - Zone AE:BFE determined. WATERSHED: WAILOA PARCEL ADDRESS: 6SS KEKUANAOA STREET 1111 Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); Hilo,HI 9672(1 BFE determined Zone AO:Flood depths of 1 to 3 feet(usually sheet Row on Flood Hazard Information atopingterrain;average depths determined. FIRM INDEX DATE: APRIL 02,2004 Zone Y:Coastal flood zone with velocity hazard(wave action); 111111 no BEE determined. LETTER OF MAP CHANGE'S): NONE FEMA FIRM PANEL: 1551660E10C - Zone dMVE:Coastal flood zone with velocity hazard(wave action); ermksed. PANEL EFFECTIVE DATE: SEPTEMBER 16,1988 11111Zone AEF:Floodway areas in Zone At.The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be carried without increasing the BFE NONJ-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate pl k THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO Good tone.No mandatory hood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www•scd.hawali.gQV/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO all Zone XS(Xl shaded):Areas otf 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than I square mile;and areas protected by levees from I%annual chance flood. Zone X:Areas determined to be outside the 0.2%annual chance 0 40 80 ft floodplain. DbNabrer:The Howell D, lmeM a imsd and Ataturat Resources tVLNl)Ouumes no renPens6MAry oriuMg from OTHER FLOOD AREAS the tut,Occurac't Com therntai$,and to infat mourn.,tiny+ntawotton cantOlned to flak repwt.Viewen/Uurs ort remoatlMe!OreatJyNptlltetcwacyoftAttnjmmotlonturdaprearolndrmM/ytheOLNJf toaAtcers,andrmplay Zone D: Unstudied areas where flood hazards are undeter. ttfromanyHoblR%whkhmeyOrttt/+arnRsrrseofIts dbtnarirrjotmodrr. mined,but flooding is possible.No mandatory flood insurance N the nn,hes been Identsred ns'PJif ttivANARY,pkat[mtle thor it o being provided f al/otone ti Ptn�s purchase apply,but coverage is available in participating commu- nities.Knot to be eaed Joe rood inssrance radnq.Contact yaw anasryroo�laln manager for flood zone dererndna nities. :at to be wad/0,comp Ranee with brat jtodPloin management reputations . . i . -.7.– '-'1;'—.*.41010k.'Z , '41100141111101 ' ' !.t,;:,:i.it'''''''''..',4'...*':1:-'1'; i .. -. •,,. ..... 0, 4111' •,i,, 'ITI.,7‘.. ..' . -," ,11.1. i .... . , - .. . ., , . . . ..., 1..ii 14000,.. ' ' )' .. . . . . . - 11 * • s•- , • -.....„ --- , - , ,7 , !Fir" , — „ . -.2 - , soar A;:, -.:- ,,,,,,,-:._-_r_ ,.. ,.,- .4 rot,z, -i --- -.• ' - ,.,,, ,..,.,,,,- v .10 ,•.- , . .. „. . ..... , ,,, L: Ilk ' 4,•,,tV''•,'4" ',,' . .;.-.i.44.1iii." .......1 ____'_., WrI: ...-,ill:WOW-,' ,-:7•7''' '''''''''''''''''' ' ' '' "111,, , – ',,,,; i,1:: ,. '•'' ',...''.irt •,. „. '.•,' 8ASENIAP:FIRM BASEMAT '''0•`••".-\ Flood Hazard Assessment Report I. ,1. . f ,I ; !•:::::::,/ IL ..., • .. ti '-'4'. .,,,;,::•••'''' mwd.hawa8nfip.org SPECIAL FLOOD HAZARD AREAS(SFHAs)SUBJECT TO INUNDATION BY TMK(3)2-2-034'07 THE 3%ANNUAL CHANCE ROOD -The 1%annual chance flood(100- year),also know as the base flood,is the flood that has a 1%chance of being equaled or exceeded in any given year.SERA;include Zone A,AE, All,AO,V.and VE.The Base Flood Elevation(BEE)is the water surface elevation of the 1%annual chance flood. Mandatory flood insurance Property Information Notes: purdiase applies in these zones: COUNTY: HAWAII 1111111 Zone A:No BFE determined. TMK NO: (3)2-2-034:07g 1M Zone AC BEE determined. WATERSHED: WAILOA 111111 PARCEL ADDRESS: S96 LAUKAPU STREET Zone AN:Hood depths of 1 to 3 feet(usually areas of ponding); EtFE determined. HILO,HI 96720 Zone AO:Flood depths of 1 to 3 feet(usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: APRIL 02,2004 11111 Zone V:Coastal flood zone with velocity hazard(wave action); no BEE determined. LETTER OF MAP CHANGE(S): NONE FEMA FIRM PANEL: 15616617800C Zone YE;Coastal flood zone with velocity hazard(wave action); BEE determined. PANEL EFFECTIVE DATE: SEPTEMBER 16,1988 1111 Zone ACE:Floodway areas in Zone AE.The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA•An area in a low-to-moderate risk THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone.No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www.scd.hawali.gov/ but coverage is available In participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO 1111 Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dinreng.havrailgov/dam/ 1%annual chance flood with average depths of less than 1 foot — or with drainage areas less than 1 square mile; and areas — protected by levees from 1%annual chance flood. Zone X:Areas determined to be outside the 0.2%annual chance 0 4080ft floodplain. °Iscklimei'Mt"I'"ii De"nmenz 1'"ml""gtwaf ttemurtes fr"Vki"""res°°°°°°°Y°rim°from OTHER FLOOD AREAS Me sac accuracy,completeness,sad finrefiness of anyeformatfon coats:Mee s a own report.VterrergfUsers are reptursibie Arr verfiplap the accurety of the infatniatiOn and atm to indemnify the 01.NR,Be°fitter,anti eraptoy- es from any babaty which may arise from Its we of its dote or Information. 0...e,, Zone 0: Unstudied areas where flood hazards are undeter- ,,.4l,:''' mined,but flooding is possible.No mandatory flood Insurance If this map WI been identified as 71tVLIMINAlte",please nate that It is beteg prokeled for infotniobonal purposes purchase apply,but coverage is available in participating comm- a/n/14 not to be used for!toad insurance toting.Contact your county floodokin manager jar flood zone determino- nines. tions to be used for remanent,with local finedplain management regutatimis .. . . , . • .,.....,_ -.,..a` . , . . ill l ' - - : ' )4: --.''' -. , '.!;:' '.,-- --,`''--^',,r--'.,'.--':^r,,,,-.^'• i . , 1 ilir„.4th. ' I .. , - r .____....,_. ... ,- 4,. .. , . „,.';i.',1, , . fr,"41. .,..'17._., q ';;;,,'-,-"`.^s'.jlii,*-;'`.-7 ','''..:.S*:-'1,•;?"'^it],'4' , ., '.- _.fril°1.4.71. ** ' 1 i '.:''''.i'''''.'t'"---rf"iv, 1-4 ', 'i' 2 .- ''''" x-******4- f---- 4.--- --- -,-, -_ ...- - ,i.,- , - . , ; .. . ':. '7.1';'''''. '.:i'',. ‘ ,'',,1,,-.7.0.444,..,-v• -,,,, • ZONE ^ ,,,„ ,a ,:.,,,, 'F.,1"4,-,:, -' f ;,' `'•.,,'. ',;}:, ,ti , ,--,i...;:'44.:':' ,.. ,„, -.. ., , .- ' - . - ---- -:zr..- -- , --- .- . '- - ----''''-' -- --illogiotomis-- ***----'-- ....- „ ..z-=-:-..z, -,...., -. ---- :..,- ,, ,; le ' - .i.- - .--„,,:.,1-..,-:„..*,40*4-041,,,,,,..,,,, ..,-. • — '..,...%,:',--,,-,,, ,.., , '.. l'3%. ',... ,,.. •,,,,,-, '',-- ,.4,. . '.,-, ' ' ' i,r:-- .!.... ,, ,'- t. „... ,'..'.. 4 „..... ,,., .. ., -'„,. . i. „ ,.......;,.. ,-„.: ,,..,.., .. , ,11RM BASEMAP ' ..i.. ,,..- Iff I .., ji:;;-,;:•3;:"=., Flood Hazard Assessment Report , 1 Iiti,,,-..:21 o I _.)‘ .h0Waiinfip.Org SPECIAL FLOOD HAZARD AREAS OEMs)SUBJECT TO INUNDATION BY THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood(100- ...1:'..ir,... ,'1 TMK(3)2-2-034:079 r4::::knowaled or ri:nthe baseeeded infl;i4d,lis theiven w?.sftmilst hzuade1%zocnehanAce,mot ''`I 1‘.17.;•;:,,"." Ali,AO,V.and VE.The Base Flood Elevation(BEE)Is the water surface elevation of the 1%annual chance flood. Mandatory flood insurance Property Information Notes: purthase applies in these zones: NMCOUNTY: HAWAII Zone A:No BEE determined. TMK NO: (3)2-2-034:079 11111 Zone AE:BEE determined. WATERSHED: WAILOA 11111 PARCEL ADDRESS: 673 KEKUANAOA STREET Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); BEE determined. HILO,HI 96720 Zone AO:Flood depths of 1 to 3 feet(usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: APRIL 02,2004 111. Zone V:Coastal flood zone with velocity hazard(wave action); no LETTER OF MAP CHANGEIS): NONE BFE determined. FEMA FIRM PANEL: 15516601380C Zone VE Coastal flood zone with velocity hazard(wave action); 11111 BEE determined. PANEL EFFECTIVE DATE: SEPTEMBER 16,1988 alZone AEF:Floodway areas in Zone AE.The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY 15 WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone.No mandatory flood Insurance purchase requirements apply, FOR MORE INFO,VISIT:http://wanv.scd.hawaligov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO NI Zone XS IX shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dInrerig.hawah.govidam/ 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1%annual chance flood. Zone X:Areas determined to be outside the 0.2%annual chance 0 40 80 ft floodplain. Disclaimer The Hawaii Deponsnaot of toad and Natural Resources PLUM assumes no responsibdity aim g from OTHER FLOOD AREAS the use,OCCURICK amp:Mums,and ansolinew of ony adman:dim contained in this report. and responsible for vertying she=cutoff GIME nOtrowitt"g°°°".t°indenmtfr the MI*Its affkar4 a "'DAV .^',."4:-'" Zone 0: Unstudied areas where flood hazards are undeter- tea from oar ThrttOty whithmoy arise/am its use ofits dohs or trifonwatian ''-',:;', -: mined,but flooding is possible.No mandatory flood insurance if this mop has been ideal/led as VREItaliNART.,please note Mot it is being pnavidai for Mformationoiparmonposes. purchase apply,but coverage is available In participating commu- ond is net to be used far Ilya Msurance rating.Contact yew county fioadpiorn manager for flood m :one nines. nom to be used for COMPlIerter with ipasillocaploin management regal/60m SUZANNE D.GSE DAVIDY.ICE .t• .l , APR 7 °m ? 38 eOARDWEANo RtcrorE'0 GOVERNOR OF HAWAII ,.�.I ca.Q.�sR1Naa+WATQ RElO1K8MAMAOO (T ��',•,� KEKOA KALUIUWA s —_,,n}¢ } fvf�iif'S� i.�l ;'��RTP!IENT MU DEMI( V,d tl � JEFFIEYguar NIOLECIS T.rldESD1A `, is * NT's OF HAWAII n. R. ati \l :�, , TOAg1EAUOK ANR ANIES ON 1" 1 4.t.....:• euEAUOFCUNVEYA WAT meartAriownetwarAwalos ‘Er� STATE OF HAWAII CERVATDEDIEBIDO �EMOPL F7AET4T POREITAY AND"ALC 44.0102•41. DEPARTMENT OF LAND AND NATURAL RESOURCES MORTfROERVAIIOY KAMA WE SIAM ROME COA00:11114 IA 41 STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIIIEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 April 4,2016 Russell Y.Tsuji,Administrator Log No.2016.00408 Land Division Doc No.1604GC01 Department of Land and Natural Resources Archaeology P.O.Box 621 Honolulu,HI 96809 Mr.Duane Kanuha,Director Planning Department County of Hawaii 101 Pauahi Street,Suite 3 Hilo,HI 96720 Dear Sirs: SUBJECT: Chapter 6E-42 Historic Preservation Review— Amendment to Change of Zone Ordinance No.06-114(REZ 05-000023) Request a Five Year Extension to Conditions C,D,E,and F;Big Island Candies,Inc. Waiakea Ahupua`a,Hilo District,Island of Hawaii TMK:(3)2-2-034:066,078 and 079 Thank you for the opportunity to review this application that was received by SHPD on February 24,2016;we apologize for the delayed review.According to the submittal the applicant,Big Island Candies,Inc.,requests for a time extension to obtain Final Plan Approval, to construct improvement, and to clarify conditions requiring completion and dedication of road improvements to the County of Hawaii according to Conditions C,D,E,and F of the Change of Zone Ordinance No.06-114(REZ 05-000023).The application indicates the subject property totals 45,450 square feet and was rezoned from RS-10 to CG-20 in August 2006 to allow the construction of an additional production/storage facility and related uses adjacent to the existing facility. As a condition of the rezoning, Big Island Candies is to provide full improvements to the frontage along Kekuanaoa Street and Laukapu Street consisting of, but not limited to pavement widening with concrete curb, gutter and sidewalk, drainage improvements,and any required utility relocation and streetlights. The applicant requests that as market conditions improve,that development of the parcels and road improvements be allowed to occur. Our records indicate that no archaeological inventory survey (AIS) has been conducted for the aforementioned parcel.Aerial photos indicate that the area has been subject to previous grading which has significantly altered the land.The USDA identifies the soil as Kona extremely rocky muck(rKYD)(Foote et al.1972). SHPD has no objection to the five year extension to Conditions C,D,E and F of Ordinance No.06-114(REZ 05- 000023),however SHPD requests that a condition be attached stipulating that SHPD shall have the opportunity to review any future proposed plans that may have a potential to affect historic properties including any ground disturbing activities within the subject parcel. Please contact me at Susan•A,Lebof ihawaii.gov or at(808)692-8019 if you have any questions regarding this letter. Aloha, f4•LOT%) Susan A.Lebo,PhD. cc: Lydia Morikawa,DLNR-Land(Lydia,Morikawa@hawaii.gov) Archaeology Branch Chief Christian Kay,COH-Planning(christian.kavO,,hawaiicounty.gov) 10 4 7'3 4 Planning Dept. Exhibit___ RBICandiesREZAmend.crk-4.2 7.16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION BIG ISLAND CANDIES INC. CHANGE OF ZONE ORDINANCE NO.06 114 (REZ 05-023) AMENDMENT TO CONDITIONS C,D,E, & F Upon review of the request, the Planning Director recommends that a favorable recommendation of the request to amend Conditions C, D, E, and F of Change of Zone Ordinance No. 06 114, with suggested modifications,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 has submitted a request to amend Conditions C, D, E, and F of Change of Zone Ordinance No, 06-114. Condition C states: "Construction of the proposed improvements 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. 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)." Condition D states: "A five-foot wide future road widening strip along the Hinano Street and Laukapu street frontages and a 10- foot wide future road widening strip along the Kekuanaoa Street frontage shall be subdivided and dedicated to the County within five (5) years from the effective date of this ordinance." -1- Condition E states: "The applicant shall provide full improvements to the project's frontage along Kekuanaoa Street and Laukapu Street consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation,meeting with the approval of the Department of Public Works. The improvements shall be located within the future road widening setback." Condition F states: "Provide a minimum 20-foot corner radius (property line) at the intersection of the future road widening setback lines along Kekuanaoa Street and Laukapu Street. Provide a 33-foot corner radius (conforming to the back edge of the existing sidewalk) at the intersection of the future road widening setback lines along Kekuanaoa Street and Hinano Street." The applicant is requesting an eight(8)-year time extension to complete construction of a proposed two-story, 25,000 square foot production/storage facility on parcels 78 and 79 and open visitor rest area on parcel 66. The applicant t is also requesting additional time to complete and dedicate required roadway improvements on Hinano, Kekuanao`a, and Laukapu Streets. 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. According to the applicant, Big Island Candies (BIC) constructed a two-story building on property north of and adjacent to the existing facility, which is located on TMK: (3) 2-2-034: 104 in 2013. The new building is currently meeting BIC's needs to provide space for cold and warehouse storage. Additionally,past and current economic conditions,both locally and globally, are not favorable for constructing a new facility at this time. Tourism spending, including tourism from Japan which is a significant part of BIC's market, continues to be at a level which does not justify the planned improvements. The applicant further states that they are committed to building the new production and storage facility when economic conditions warrant the need for increasing production. -2- 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 properties are zoned CG-20, are located within the State Land Use Urban District, and are designated High Density Urban by the General Plan Land Use Pattern Allocation Guide(LUPAG) map. The approval of this time extension request is not contrary to the General Plan and zoning code, therefore, the Director recommends retaining the property's existing CG-20 zoning. Water is available to the project area. Each of the subject parcels is serviced by an existing 5/8 —inch meter limited to an average of 400 gallons per day. The applicant has also secured a commitment for eight (8) additional units of water at a maximum of 600 gallons per day(4,800 gallons total). 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. According to the Department of Environmental Management Wastewater Division, any existing or proposed structures will be required to connect to the public sewer system. In addition, if required by the Director of DEM, the applicant shall conduct a sewer study and provide any improvements required based on that study. These requirements will be articulated as a condition of approval of this Ordinance amendment. Access to the project site is currently from Kekuanao`a Street to the existing single-family dwellings on Parcel 66 and from Hinano Street for Parcels 78 and 79. Condition G of Ordinance no. 06-114 prohibits access from Kekuanao`a Street once the single-family dwellings are demolished. Access to Parcels 78 and 79 will be from Laukapu Street and access to Parcel 66 will be from Hinano Street. Roadway conditions D, E, and F will be amended to reflect timing of roadway improvement requirements -3- associated with the 8-year time extension to complete construction of the proposed developments. To be consistent with the concurrency requirements of the Zoning Code, a condition of approval will require submittal of a Traffic Impact Analysis Report (TIAR) if a land use is developed that would generate over 50 peak hour trips. The applicants will be responsible for constructing any improvements identified in the TIAR required by the Department of Public Works. Water is available to the project area. Each of the subject parcels is serviced by an existing 5/8 —inch meter limited to an average of 400 gallons per day. The applicant has also secured a commitment for eight(8) additional units of water at a maximum of 600 gallons per day(4,800 gallons total). Electricity and telephone, fire,police, and emergency medical services are all available to the site nearby in Hilo. Based on the preceding, the proposed request will not unreasonably burden public agencies to provide for infrastructure and utilities to the project site. In the Applicant's amendment request letter, they provided suggested language in the attempt to help clarify the required construction deadline and roadway improvement timeline. In order to be consistent with the Department's standard practices and condition formatting and to ensure clarity of condition requirements between both the Applicant and the Department, the Director's suggested language amending the subject conditions of approval differ from those provided by the applicant for the following reasons: • Condition C: The applicant suggested a deadline of August 8, 2021 (approximately 5 years) to obtain Final Plan Approval (FPA) and another three(3) years from that date to complete construction. This is problematic because FPA is just one step in the overall construction process and it is possible to obtain multiple FPAs making it difficult for the Department to track and enforce this condition. The Director suggests eight (8) years to complete construction, including the requirement of obtaining Final Plan Approval. This is consistent with our current standard condition language requiring a timeline to complete construction and ultimately provides an equivalent amount of time to that which the applicant is requesting. -4- • Condition D: The applicant suggested that we remove the 5-year deadline to subdivide and dedicate future road widening setbacks and have that subdivision/dedication action happen as respective development of the parcels abutting the street occurs, with the trigger for such improvements associated with the issuance of occupancy permits for the respective commercial development. In order to simplify the language for compliance purposes, the director suggests an 8-year deadline which matches Condition C, or prior to issuance of occupancy permits, whichever is sooner. • Conditions E: Similar to Condition D, the applicant proposes to associate the installation of full roadway improvements on Laukapu and Kekuanao`a Streets with the development of the associated parcels and have the completion trigger be prior to the issuance of occupancy permits for the proposed development. In order to simplify the language for compliance purposes, the Director suggests an 8-year deadline which matches Condition C, or prior to issuance of occupancy permits, whichever is sooner. • Condition F: Similar to the preceding roadway improvement conditions, the applicant the applicant proposes to tie the timing corner radius improvements for the intersections of Kekuanao`a and Laukapu and Kekuanao`a and Milano Streets to the associated subject parcels. Unlike the other proposed condition language, there is no associated completion trigger. In order to ensure consistent compliance with required roadway improvements associated with this project,the Director recommends an 8-year compliance deadline which matches Condition C, or prior to issuance of occupancy permits, whichever is sooner. Based on the preceding, the requests to amend Condition C (time to complete construction)to allow a time extension to complete construction of the proposed project and associated Conditions D, E, and F (Roadway Infrastructure) 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 -5- 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. 06 114. The accompanying draft bill reflecting an amendment to conditions of Ordinance No. 06 114 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). -6- •'�ZY os p ,, COUNTY OF HAWAII STATE OF HAWAII t pf N' BILL NO. ORDINANCE NO. (pwi•Jolinft O AN ORDINANCE AMENDING ORDINANCE NO. 06 114,WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10) TO GENERAL COMMERCIAL—20,000 SQUARE FEET(CG-20)AT WAIAKEA HOUSE LOTS, HAWAII, COVERED BY TAX MAP KEY: 2-2-034:066, 078 AND 079. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 06 114 is amended as follows: "SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: PARCEL"A": The district classification of the following area situated at [ ] Waiakea House Lots, Hawaii, shall be General Commercial—20,000 square feet(CG-20): PARCEL"B" The district classification of the following area situated at[ ] Waiakea House Lots, Hawai`i, shall be General Commercial—20,000 square feet(CG-20): PARCEL"C" The district classification of the following area situated at [ ] Waiakea House Lots,Hawai`i, shall be General Commercial—20,000 square feet(CG-20): SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition),the County Council finds the following conditions are: -1- (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. 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- a RS.tO - RS-#8- --tom - - RS:1-0 y 6 cc R. -10 ML•20 a CN-7.5 1RS-7.5 1- I , fifir— 4-10 - '-"---- - o --z- - — i--• - RS-10 � RS-10 a c __ -� RS 10 S RS-10 RS 10 1 RS-100 cc HUALANIST o RS-10 RS-10 RS•10 AS 10 RS•10 ML-20 - o --1- -� --r — -- -- .1 ML-20 iz 1. ---- - S-i0 - RS-10 R5i RS- 10 10 I _ _ -- - — - CN-20 RS-10 CG-20 PARC L"B" 3 — SINGL FAMILY —_ z_ -- ---- - --- .. ---- c RESIDENT L(RS-10) zCN-20 TO GENERAL to o RS-10 - (CGI-20) - .. -. - --- ' -- --- --- --- --- 11,900 SQ.FT.' - RS-10 CG-20 _ TT i _ --I - -- t— -- 1,6b3. S - - -- I RS-10 1 CN-f0 •-,- -----,114,44,__ o, of - - o _- 8510 , RS 10 �2S 10 a RS•110 RS 10 KEKUANAOA ST T , / ! \ r ` I I CN}10 0 —RS-10 - —RS 10 ' „ RS 10 RS-10 o R5 10 �PARCEL'A _ -. ._ a _ -•-- a- •— --, .7 --;(1FtGLE=FAi�LY PARCEL"CRS 10 x I 1. 651.00E RESIDEN'IAL(RS-10) I --iH9L�►L'•)-- TO G --_-- .. . SING FAMILY:-_- - ----- - -- - COMMER IAL(CG-20) RESIDENTIAL(R -10) 22,30 SQ.FT. TO GENERA --.-___ - o--- r— --- - -- -- - - -• --- -- - — CDMMgAL(CG-20) o a I RS-10 RS-10 — RS-10 RS-10 RS-10 1,254 SQ.FT. RS-10— _ 260 130 0 260 520 780 1 040 13 0it AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE • 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (CG-20) AT WAIAKEA HOUSE LOTS, FIRST SERIES, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII Date:December 7,200E TMK:2-2-034:066,078&079 EXHIBIT "A" FOR REFERENCE ONLY (Big Island Candies,Inc:11 88) CB1CandiesREZAmend.crk-4.27.16 BIG ISLAND CANDIES, INC. CHANGE OF ZONE ORDINANCE 06114 (REZ 05-023) AMENDMENT TO CONDITIONS C,D,E, &F CONDITIONS OF APPROVAL 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 . - - - .. •- . . .. - ' - ' "Water C- i hent Guidelines Policy" within 90 days from the effective datc of this ordinance.] 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 improvements shall be completed within eight(8) 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. 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. A five-foot wide future road widening strip along the [Hire] Hinano Street and Laukapu street frontages and a 10-foot wide future road widening strip along the [Kelaea] Kekuanao`a Street frontage shall be subdivided and dedicated to the County within eight (8) years from the effective date of this amended ordinance or prior to issuance of occupancy permits for the proposed development., whichever is sooner. E. The applicant shall provide full improvements to the project's frontage along [Kelaeaj Kekuanao`a Street and Laukapu Street consisting of,but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works, within eight (8) years from the effective date of this amended ordinance or prior to issuance of occupancy permits for the proposed development, whichever is sooner. The improvements shall be located within the future road widening setback. F. Provide a minimum 20-foot corner radius(property line)at the intersection of the future road widening setback lines along [Kekuanaea] Kekuanao`a Street and Laukapu Street. Provide a 33-foot corner radius (conforming to the back edge of the existing sidewalk) at the intersection of the future road widening setback lines along [Keknaea] Kekuanao`a Street and [Dene] Hinano Street within eight (8) years from the effective date of this amended ordinance or prior to issuance of occupancy permits for the proposed development, whichever is sooner. G. Access shall be prohibited from [Kekaea] Kekuanao`a Street, except for access to the two existing homes until they are demolished. H. Install streetlights and traffic control devices as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Should the applicant, successors or assigns develop a land use which the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report(TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicants shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Laukapu Street,Hinano Street, or Kekuanao`a Street that may be deemed necessary by the Department of Public Works. -2- J. Any existing and/or proposed structures shall connect to the public sewer in accordance with Section 21-5 of the Hawai`i County Code prior to issuance of a Certificate of Occupancy. K. If required by the Director of the Department of Environmental Management, the 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. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide such sewer line or other facility improvements as the Director of the Department of Environmental Management may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the development. [L] L. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed,meeting the approval of the Department of Public Works prior to the receipt of a certificate of occupancy. [J] M. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. [K-.] N. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. [h] O. 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. [MT] P. Should the Council adopt a[ft] Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions -3- included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [Nw] Q. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval for any new residential structures. [0,] R. If the applicant(s), successors, or assigns develop residential units on the subject properties, the applicant(s) shall make its (their) fair share contribution to mitigate the potential regional impacts of the properties with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of[$601-1-1J51 $8,754.58 per multiple family residential unit([$9,991.20] $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: 1. [$3,162.49] $4,318.39 per multiple family residential unit ([$4,8�-.-x.93] $6,608.08 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. [$99.95] $136.48 per multiple family residential unit ([$232.421 $317.37 per single family residential unit) to the County to support police facilities; -4- 3. [$307.46] $419.84 per multiple family residential unit([$459.06] $626.84 per single family residential unit) to the County to support fire facilities; 4. 1$137.011 $187.12 per multiple family residential unit([$2.00.98] $274.44 per single family residential unit)to the County to support solid waste facilities; and 5. ($2,704.31] $3,692.75 per multiple family residential unit([$4,280.83] $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 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. [P] S. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [9] T. 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 the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. [R,JU. [ •. . - - - -- - . - - , ., - . ••- -- circumstances: 1. The non perfoimanee is the result of conditions that could not have been or Zoning Code. -5- 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 1. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within [5.) If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Hawai`i County Council for appropriate action. 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E , .....1 \ \ , , , , i }s t , , , i V co ow Q Q co `t .':::• , _ '„ 0., °C t� > 1 I ' ID .,., < Q Q V Z OC (� O I l WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MAY 5, 2016 A regularly advertised hearing on the application of BIG ISLAND CANDIES, INC. (REZ 05-023) was called to order at 9:12 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Charles Heaukulani presiding. COMMISSIONERS PRESENT: Charles Heaukulani, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Raylene Moses. ABSENT & EXCUSED: Donn Dela Cruz. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager) (from 9:13 a.m.), Jeff Darrow(Staff Planner), Christian Kay(Staff Planner), and Sarah Hata-Finley(Commission Secretary). And 13 members from the public in attendance. APPLICANT: BIG ISLAND CANDIES, INC. (Amend REZ 05-023) Request for a 5-year time extension to Condition C (time to complete construction) and Conditions D, E, and F (roadway infrastructure improvements) of Change of Zone Ordinance No. 06-114, which rezoned 45,450 square feet of land from a Single-Family Residential-10,000 square feet(RS-10)to a General Commercial-20,000 square feet(CG-20) zoning district to allow an additional production/storage facility and related uses. The properties are located on Kekuando`a Street, at the northeast corner of Kekuanao`a Street and Hinano Street and the northwest corner of Kekuanao`a Street and Laukapu Street, Waiakea House Lots, Waiakea, South Hilo, Hawai`i, TMK: 2-2-034: 066, 078 &079. HEAUKULANI: Okay, we'll take up the second matter on the agenda. Christian? KAY: Thank you, Mr. Chair. It'll just be a moment for swapping over presentations here. My lovely assistant, Jeff, here taking care of that. Jeff, can you pull the lid a little bit close? It's blocking the—yeah. Thank you. All right. Thank you, Mr. Chair and Commissioners. Good morning. If I can direct your attention to the screen. This next application is an amendment to a Change of Zone Ordinance 06-114. Applicant is Big Island Candies, Incorporated. The subject three parcels are located in the South Hilo District of Hawaii Island; more specifically, in the Waiakea Houselots area adjacent to the Big Island Candies complex here. Just for reference,we've got Manono Street, pardon me, Kekuanao`a Street running generally 1 east-west through the slide. Laukapu Street running north-south, and Hinano Street, again, running north-south. The three subject parcels are outlined here in yellow. This is a little bit closer view of the same map with the zoning designations indicated. The three subject parcels, again,back in 2006 were rezoned to General Commercial–20,000 square feet as indicated in this burgundy color. Surrounding zonings include Residential– 10,000 square feet; Neighborhood Commercial–20,000 square feet as indicated in pink, and Commercial Industrial Mixed Use indicated in the purple color. Again, for reference, Kekuanao`a Street is running at the bottom of the slide east-west. Laukapu Street and Hinano Street are running parallel to one another going north-south. Surrounding uses in the area are similar. They're commercial, light industrial, and residential. This is the State Land Use Map indicating that the subject parcel, as well as the entire surrounding area, are a State Land Use Urban designation as indicated in pink. And, General Plan Land Use Pattern Allocation Guide Map shows that the subject parcels are in the High Density Urban designation in red with Medium Density Urban to the west and Industrial designation in gray to the east. The Applicant is requesting an amendment to four conditions of this Change of Zone Ordinance No. 06-114. These are C, D, E, and F for more time to complete construction of a proposed 2- story, 25,000-square foot production storage facility and an open visitor's rest area, as well as additional time to complete and dedicate required roadway improvements on Hinano, Kekuanao`a, and Laukapu Streets. The current Condition C required the construction of proposed developments be complete in five years, as well as Condition D required that future road widening strips be subdivided and dedicated within five years. For these two conditions, the Applicant came in within those five years and asked for an administrative time extension and were granted that, so the reason that they're coming in now to the Commission is because that runs out August 8th of 2016. Conditions E and F required full roadway improvements to the project's frontage and quarter radius improvements at the intersections without a trigger, a time trigger, so that there was nothing in the condition to indicate a when it needed to be done. Here are some aerial photographs of the area. On the left,we're showing kind of the Big Island Candies properties. This is the main facility. To the north is a structure, a warehouse—a cold storage structure that was built in 2013. The subject parcels are outlined, again, in yellow. Again, for reference, Kekuanao`a Street running east-west through the parcel. On the right-hand side, we're zoomed in a little bit. The two parcels to the east are where that 25,000-square foot production and storage facility are proposed to be built. Right now, it is vacant and apparently has been used as overflow parking for employees. To the west, we've got a parcel here that's got two existing single-family dwellings on it. Those are being proposed to be removed, and this is where the open area visitor's center would be. Here is the Applicant's submitted site plan. Again, Kekuanao`a Street running east-west through the slide. Laukapu Street and Hinano Street, again,just showing the proposed development here 2 on the eastern two parcels. The western two par—the western parcel is showing, again, the existing single-family dwellings. Access to those dwellings is off of Kekuanao`a Street; however, when the open area, visitor's area, is developed, access would be from Hinano Street, and the same with the proposed production facility access would have to be off of Laukapu Street. Here's some photographs of the intersection of Laukapu and Kekuanao`a. Again, this is roughly where that production facility would be built. As you can see, it's vacant right now. From the other side here is the intersection of Hinano and Kekuanao`a, and here are the two existing single-family dwellings that will be removed in order to allow for the visitor's area. Just views of Kekuanao`a Street looking west with the subject parcels on the right hand side, and then Kekuanao`a Street looking east with the subject parcels on the left hand side. So, you know, the Applicant in their—in their application letter, and that's Exhibit 1, proposed some condition language, and I'm just gonna summarize that briefly for you. Condition C which was a construction condition, the Applicant asked for a five-year time extension to obtain Final Plan Approval and a time extension to complete construction within three years the date of that Final Plan Approval. They also, in Condition D, asked to remove the five-year deadline to subdivide and dedicate future road widening strips to the County, and to instead time those actions with the respective development of the parcels abutting the street as that occurs. The Applicant also requested to require dedication of future road widening strips prior to issuance of the Certificate of Occupancy. For Condition E, to clarify timing of the required full roadway improvements to the project's frontage along Kekuanao`a and Laukapu Streets, the Applicant is requesting that those improvements be timed in conjunction with the development of parcels abutting those streets, and that the completion of improvements be required prior to occupancy permits for the proposed development. And then finally Condition F, again, to clarify the timing of the required corner radius improvements at those intersections, the Applicant is requesting that those improvements be timed in conjunction with the development of parcels abutting those streets. There was no proposed compliance deadline in the proposed language that the Applicant put forth. So,we looked at those, that proposed language for those conditions, and we—we suggested some other language just in order to be consistent with our current standard condition language. And, for Condition C, instead of talking about Final Plan Approval within five years and then three years after that construction, we just said why don't we give the Applicant eight years from the effective date of the ordinance in order to get Final Plan Approval and complete construction. Again, it's consistent with our practice, our standard condition language, and also easier for us as the Planning Department to track for condition compliance as well as the Applicant. 3 The next three conditions—D, E, and F—are the roadway improvement conditions. And, basically, what we did to kind of match the eight years for completion of construction as we wanted to say, okay, eight years, all the roadway requirements would need to be completed or prior to issuance of occupancy permits for the proposed development, whichever is sooner. And, that's gonna be consistent through all the last three conditions, D, E, and F. And, again,just for our purposes, ease, and compliance, we decided that that was the language we should go with. With that, the Director is recommending forwarding a favorable recommendation to the County Council to amend Ordinance 06-114. I would just want to say one more thing,back to Condition C. In order to make it consistent with the other three conditions, if it's okay with the Commission, we wanted to add that eight years from the effective date of this amendment ordinance. So that would be the only change to the condition language that we have in your packet. Again, the Director is recommending a favorable recommendation to the County Council, and with that, I'd be happy to answer any questions the Commission may have. HEAUKULANI: Nice work. Commissioners, any questions for Christian? Hearing none,thank you, sir. KAY: Thank you. HEAUKULANI: Will the Applicant or the Applicant's representative please come forward? Good morning, gentlemen. Could I get you both to raise your right hands? Do you swear or affirm that you're gonna tell the truth on this matter now before the Planning Commission? MOORE: Yes. IKAWA: Yes. HEAUKULANI: Thank you. And appreciate your speaking into the microphone. Please state your name,tell us where you reside, and what is on your mind this morning. MOORE: My name is Michael Moore. I'm the attorney for Big Island Candies. I reside here in Hilo. IKAWA: Allan Ikawa, President/CEO Big Island Candies. Reside in Hilo. HEAUKULANI: Good morning. Did you have anything that you wanted to say this morning? MOORE: No, I think we're satisfied with the recommendations that your Planning Director has made, and we are here to answer any questions. HEAUKULANI: And, you have received the Background Reports and the Recommendations? MOORE: Yes. 4 HEAUKULANI: Including the amended conditions for approval? MOORE: Yes. HEAUKULANI: And those are acceptable to you and your client? MOORE: Yes. HEAUKULANI: Okay, Commissioners, anybody have questions? Hearing none, thank you. MOORE: Thank you. HEAUKULANI: We did not have anyone signed up to testify on this matter. Is there anyone here this morning that would like to be heard on this matter? Hearing none, Commissioners, could I get a motion to close public testimony,please? MIYASATO: I make a motion to close public testimony. HEAUKULANI: Thank you, Commissioner Miyasato. IKEDA: Second. HEAUKULANI: Second by Commissioner Ikeda. Commissioners, all in favor, please signify by saying aye. COMMISSIONERS: Aye. HEAUKULANI: Any opposition? Hearing none,motion to close public testimony carries. And, Commissioners, I would now accept a motion for action on this one. MIYASATO: Chair, I move that a favorable recommendation be forwarded to the County Council on the application to amend REZ 05-023 based on the Planning Director's findings, recommendation, and proposed conditions which shall be adopted. HEAUKULANI: Thank you, sir. IKEDA: Second. HEAUKULANI: Second. So we've got a motion by Commissioner Miyasato; second by Commissioner Ikeda. Christian, would you take the roll,please? KAY: I just wanted to clarify one thing, Mr. Chair. With—is that including the amendment to the condition that I brought out on—Condition C that I brought on the floor today? 5 HEAUKULANI: You know, I thought that was included in the Recommendation that we got. Is that, is that not? KAY: I thought, as I read through it yesterday that we left out that amended portion in Condition C, and I just wanted to make sure. HEAUKULANI: Yeah, look at it. Just correct it. You know, I think that's the motion,but I'll let Commissioner Miyasato clarify, but I thought when you mentioned it, that it might have found its way into the Recommendation that we got. KAY: Yeah—no, it was on the screen. I apologize. I changed it on the screen just to show you, but in the actual language of the condition, it still reads within eight years from the effective date of this ordinance. I wanted to add this amended ordinance. MIYASATO: I'll accept the amended ordinance in the motion. KAY: Okay. HEAUKULANI: And just, Mr. Moore, that's—that's acceptable to you? MOORE (from audience): Yes, it is, Chair. HEAUKULANI: Fair, thank you. KAY: Thank you. Okay, I'll call roll. Commissioner Miyasato? MIYASATO: Aye. KAY: Commissioner Ikeda? IKEDA: Aye. KAY: Commissioner Henkel? HENKEL: Aye. KAY: Commissioner Moses? MOSES: Aye. KAY: And Chair Heaukulani. HEAUKULANI: Aye. KAY: Okay, thank you. We have five aye votes. Motion carries. Thank you. 6 HEAUKULANI: Thank you. Mr. Moore, we'll notify you of the Commission's decision in writing. MOORE (from audience): Thank you very much. HEAUKULANI: Thank you for coming. The discussion ended at 9:25 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 7