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25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740
(808)323-4444 • Fax(808)323-4440
January 18, 2017 COUNTY CLERK
COUNTY OF HAWAII
RECEIVED
Time ftn By
Date JAN 1 9 n17
Valerie Poindexter, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chair Poindexter and Members:
SUBJECT: Amendment of Change of Zone Ordinance No. 12-111 (REZ 840)
Applicant: Rhodes Moore, LLC (formerly Graphic Images Hawaii, Inc.)
Request: Amendments to Condition C (Final Subdivision Approval),
G (Secure Letter of Map Revision from FEMA), and Q (Fair Share
Contribution)
Tax Map Key: 2-2-044:031, 032, 035 and 037
As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for
the County Council's consideration and action are the Windward Planning Commission's letter
and enclosures regarding the above-referenced request.
Sincer y, (�
IW7
Harry Kim
Mayor
Enclosures
cc: Planning Department
<'àt1 1k 10
Comm.Ngt o I
Ref.To: rt-
County
'L.County of Hawaii is an Equal Opportunity Provider and Employer. Ref.Date :Aoui. A-y 1D 11
.'J�tY OF h,.,'
Ha Kim ; Gregory Henkel,Chair
Harry ; Li;
Mayor, t;';r:• ; Myles Miyasato,Vice Chair
} Joseph Clarkson
• .-••°.,4•••_
• rDonn Dela Cruz
'TE'oF to, � Donald Ikeda
Raylene Moses
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
JAN 1 8 ZOij
Valerie T. Poindexter, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chair Poindexter and Council Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 12-111 (REZ 840)
Applicant: Rhodes Moore, LLC (formerly Graphic Images Hawaii, Inc.)
Request: Amendments to Condition C (Final Subdivision Approval),
G (Secure Letter of Map Revision from FEMA), and (Fair Share
Contribution)
Tax Map Key: 2-2-044:031, 032, 035 and 037
The Windward Planning Commission, at its duly held public hearing on January 5, 2017,
recommended for your approval the proposed legislative bill for an amendment to Change of
Zone Ordinance No. 12-111. The property is located on the southeast side of the intersection of
Kanoelehua Avenue (State Highway 11) and East Kahaopea Street, Waiakea Homestead House
Lots, South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant requests amendments to Conditions C, G and Q of Ordinance No.
12 111, which amended Ordinance No. 99 116, which amended Ordinance No. 96 159,
which rezoned approximately 7.402 acres from the Single-Family Residential— 10,000
square feet (RS-10) district to the Neighborhood Commercial— 7,500 square feet (CN-
7.5) district. The amendments to conditions relate to a 5-year time extension to secure
final subdivision or plan approval, the timing of installing drainage improvements on the
Hawai`i County is an Equal Opportunity Provider and Employer
Valerie T. Poindexter, Council Chair
and Members of the County Council
Page 2
property, and request for relief from fair share contribution provisions for an assisted
living facility. The property is located on the southeast side of the intersection of
Kanoelehua Avenue (State Highway 11) and East Kahaopea Street, Waiakea Homestead
House Lots, South Hilo, Hawai`i, TMK: 2-2-044:031, 032, 035 and 037. The applicant is
currently in contract to purchase the property from the landowner, Graphic Images
Hawai`i, Inc. In August 2016 the applicant submitted a Use Permit application to
develop a 120-bed assisted living facility in an approximately 81,404 square foot, three-
story building. The assisted living facility would be developed in two phases with 88 beds
developed in the first phase and 32 beds in the second phase, which would occur about 3-
5 years after the first phase is completed. The applicant also plans to develop about 6,800
square feet of leasable office uses and about 6,800 square feet of leasable retail space on
the portion of the property not being occupied by the assisted living facility. Access to
the property will be from a driveway from Kahaopea Street, directly across from
`Awapuhi Street. The property will be filled to level the buildable areas, due to the
topography and intermittent flow of water that runs across the makai portion of the
property.
Granting of the amendments would not be contrary to the original reasons
for granting the rezone or to the General Plan or the Zoning Code. The original
reasons for the approval of the change of zone are still applicable and the request is not
contrary to these reasons. The zoning was originally approved in 1996 to provide
additional land for commercial land uses in Hilo in close proximity to existing services.
The applicant currently plans to construct a 120-bed assisted living facility which is a
permitted use in the Neighborhood Commercial (CN) zoning district with a Use Permit.
The Housing Element of the General Plan encourages the construction of specially
designed facilities or communities for elderly persons needing institutional care and small
home care units for active elderly persons. Currently there is one assisted living facility
on the island, in Kailua Kona. The proposed assisted living facility will fulfill this need in
the community and therefore is consistent with the General Plan.
The applicant is simply seeking additional time to complete the consolidation and
re-subdivision for the subsequent development and to change the timing of constructing
drainage improvements to be done at the same time the assisted living facility is
constructed rather than prior. The Planning Department is supportive of the request for a
time extension to complete consolidation and re-subdivision of the property, since they
have been consistently working on drainage and traffic improvement plans for the
proposed development.
Valerie T. Poindexter, Council Chair
and Members of the County Council
Page 3
A floodway runs from south to north through the eastern (makai) portion of the
property. The floodway and floodway fringe has been identified as Flood Zone AE by
FEMA, which is a Special Flood Hazard Area subject to inundation by the 100-year flood
where base flood elevations have been determined. The applicant has indicated that fill
material will need to be placed on the property in order to create level buildable areas,
which may require altering or relocating the Special Flood Hazard Area. When a
developer alters (i.e. by placing fill) or relocates a Special Flood Hazard Area so that the
base flood elevation changes, a Conditional Letter of Map Revision (CLOMR) and Letter
of Map Revision (LOMR) must be obtained through DPW from FEMA. Generally, the
first step in the CLOMR/LOMR process is for the developer to submit flood engineering
data and maps to FEMA indicating the location and extent of alteration/relocation of the
Special Flood Hazard Area and how the base flood elevation will be affected. If FEMA
agrees with the data and maps, a CLOMR is issued and the developer can begin on-site
work within the Special Flood Hazard Area, such as placing fill material. Upon
completion of the on-site work, the developer submits updated flood engineering data and
maps showing how the alteration/relocation affected the base flood elevation. If FEMA
agrees with this data and maps, a LOMR is issued which effectively revises the FEMA
Flood Insurance Rate Map (FIRM).
The applicant requests to amend Condition G to secure a CLOMR from FEMA
prior to final subdivision approval rather than a LOMR. The applicant will need to secure
Final Subdivision Approval from the Planning Department to consolidate and re-
subdivide the property prior to constructing the proposed development so that the facility
does not straddle current property lines. The Planning Department agrees that both the
assisted living facility and drainage improvements could be completed at the same time
for the sake of better site design, cost reduction and efficiency. However, the Planning
Department believes it would be prudent to have assurance that the drainage
improvements will be completed and the LOMR is secured from FEMA prior to
occupancy of the facility. Therefore, the Director recommends that Condition G be
amended to allow the applicant to secure Final Subdivision Approval by providing a
surety bond for the drainage improvements. This would allow the parcel consolidation
and re-subdivision to be finalized so the applicant can proceed with construction of both
the facility and drainage improvements, while still assuring that the facility will not be
occupied until the LOMR, which approves the drainage improvements, has been secured
from FEMA. This would also allow construction of the proposed commercial
development which is situated away from the drainage way and could be occupied prior
to receipt of a LOMR if access to the commercial development can be provided.
Valerie T. Poindexter, Council Chair
and Members of the County Council
Page 4
Since approval of the zoning in 1996, the County Council adopted concurrency
requirements for water, roads and civil defense sirens. The Department of Water Supply
has indicated that County water can be provided to the property for land uses permitted in
the Neighborhood Commercial zoning district, although the applicant may need to install
additional improvements such as additional or larger water meters. Additionally, the 20-
inch waterline within Kanoelehua Avenue is adequate to provide water to meet minimum
flow requirements for fire protection for commercial zoning.
In June 2016, AECOM Technical Services Inc. prepared a Traffic Impact
Assessment Report conducted for the current proposed development. The report, which
assessed traffic impacts of the assisted living facility and approximately 13,500 square
feet of commercial development, determined that the Kanoelehua Avenue- Kahaopea
Street intersection will operate at an acceptable level-of-service with the proposed
project. The development is expected to slightly increase traffic volumes on the East
Kahaopea Street approach to the intersection and therefore, the report recommends the
west leg of the Kanoelehua Avenue/Kahaopea Street intersection be re-striped to provide
more vehicle queueing space for the eastbound left-turn and through traffic movement.
The County Traffic Division has indicated to the Planning Department that they will
complete this re-striping improvement in the future. Additionally, the Traffic Division
has recommended and applicant has agreed to make improvements to the east leg of the
intersection approach by providing pavement widening, curb, gutter, sidewalk, and
drainage improvements and any necessary utility relocation along the properties
Kahaopea Street frontage. These Kahaopea Street frontage improvements are not
considered regional road improvements, but rather are considered local traffic
improvements that serve the proposed development and mitigate its impacts on the
adjacent road. Therefore, these improvements would not qualify for a credit against the
fair share contribution for roads.
Concurrency standards for civil defense sirens are met by a siren located nearby at
Panaewa Park which provides coverage to the subject property. Thus, the proposed
request will not unreasonably burden public agencies to provide for infrastructure and
utilities to the property.
The applicant requests a determination of whether the fair share contribution
requirements in Condition Q apply to assisted living facilities, and if so, requests relief
from the parks and roads contribution components of Condition Q. In a letter dated
Valerie T. Poindexter, Council Chair
and Members of the County Council
Page 5
October 18, 2016, the Planning Department made a determination that the fair share
contribution requirements in Condition Q apply to assisted living facilities because the
facility contains units where people dwell and the assisted living facility is a form of
dwelling, with the additional benefit of providing services such as meals and health care.
It has been the Planning Department's and County Council's practice in the past to
require fair share contributions for assisted living facilities around the island when
required by a condition of a rezone ordinance. At the same time, the County Council has
historically provided relief from the road and park fair share contributions for assisted
living facilities since they often provide these services to their residents and therefore,
reduce the impacts to regional roadways and parks. The Planning Director agrees with
this approach since the applicant has indicated transportation to nearby services, and
appointments will be provided for their residents as well as on-site recreation
opportunities for residents. However, the Director is not supportive of providing relief for
fire, police and solid waste disposal facilities since the applicant has not demonstrated
that the need for these services will be reduced by the development.
Based upon the above findings, the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Condition C, Condition G and
Condition Q of Ordinance No. 12 111. The Director also recommends that existing conditions in
the ordinance be revised to reflect the current standard language for conditions of approval. The
accompanying draft bill reflects these recommendations and changes. (Material to be deleted is
bracketed and struck through; 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.
Sincerely,
Gregory Henkel, Chairman
Windward Planning Commission
LRhodesMooreAmendREZ840wpc2
Enclosures
Valerie T. Poindexter, Council Chair
and Members of the County Council
Page 6
cc: Thomas L.H. Yeh, Esq., Law Offices of Yeh and Moore
Rhodes Moore, LLC.
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
DOT-Highways, Honolulu
Amy Self, Esq., Corporation Counsel
BRhodesMooreLLCAmendREZ.doc-12/27/16
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
RHODES MOORE, LLC (formerly GRAPHIC IMAGES HAWAII, INC. and FINANCE
HOLDINGS, LTD. and TRI-ELECTRIC, INC.)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12 111 (REZ 840)
RHODES MOORE, LLC has submitted a request to amend Condition C (Final
Subdivision Approval), Condition G (Secure Letter of Map Revision from FEMA), and
Condition Q (Fair Share Contribution) of Ordinance No. 12 111, which amended Ordinance No.
99 116, which amended Ordinance No. 96 159, which rezoned approximately 7.402 acres from
the Single-Family Residential— 10,000 square feet (RS-10) district to the Neighborhood
Commercial—7,500 square feet (CN-7.5) district. The amendments to conditions relate to a 5-
year time extension to secure final subdivision or plan approval, the timing of installing drainage
improvements on the property, and request for relief from fair share contribution provisions for
an assisted living facility. The property is located on the southeast side of the intersection of
Kanoelehua Avenue (State Highway 11) and East Kahaopea Street, Waiakea Homestead House
Lots, South Hilo, Hawai`i, TMK: 2-2-044:031, 032, 035 and 037.
CURRENT DEVELOPMENT PLANS
1. The applicant is currently in contract to purchase the property from the landowner,
Graphic Images Hawai`i, Inc. In August 2016 the applicant submitted a Use Permit
application to develop a 120-bed assisted living facility in an approximately 81,404
square foot, three-story building. The assisted living facility would be developed in two
phases with 88 beds developed in the first phase and 32 beds in the second phase, which
would occur about 3-5 years after the first phase is completed. The facility would consist
of a mix of studios, one and two-bedrooms, and Alzheimer/memory care units. Amenities
will include fitness/exercise room, gardens, and walking paths. Services to provide
elderly resident' daily needs will include medical services and personalized services for
the individual's well-being, including memory care and mental stimulation services.
Transportation assistance and social programs will also be provided. The applicant also
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plans to develop about 6,800 square feet of leasable office uses and about 6,800 square
feet of leasable retail space on the portion of the property not being occupied by the
assisted living facility. Access to the property will be from a driveway from Kahaopea
Street, directly across from `Awapuhi Street. There will be no access at Kanoelehua
Avenue (Highway 11). The property will be filled to level the buildable areas, due to the
topography and intermittent flow of water that runs across the makai portion of the
property. (P.D. Exhibit 1- Site Plan Al dated)
APPLICANT'S REQUEST
2. Applicant's Request and Reasons for Request: The applicant requests the following
amendments to Conditions C, G and Q of Ordinance No. 12 111:
a. Time extension to secure final subdivision approval: The applicant is requesting a
5-year time extension to comply with Condition C, which required that Final
Subdivision Approval for consolidation and re-subdivision of the subject property
be secured within five years from the effective date of the ordinance, or by August
10, 2017.
According to the applicant, the time extension is being requested because more
time is needed to develop the assisted living facility. The delay in developing the
property was due to the applicant's pending purchase of the property, its
development plans which are significantly different from previous plans for the
property, and the existing FEMA approval, issued September 2014, for drainage
improvements do not include engineering plans related to constructing the access
driveway along the `Awapuhi Street extension, which is partially in Flood Zone
AE.
b. Modify the timing of installing drainage improvements: The applicant is
requesting that Condition G be amended to change the timing of installing
drainage improvements and securing approvals from FEMA. The applicant is
requesting that Condition G be modified as shown below. Material requested to
be added is underscored.
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"The applicant shall obtain, if required, a Conditional Letter of Map
Revision (CLOMR) from FEMA for the subject property prior to securing
Final Subdivision Approval or Final Plan Approval, whichever occurs
first."
A portion of the property where the Palai Stream is situated is in FEMA Flood
Zone AE, which is the Special Flood Hazard Area inundated by the 100-year
flood (1% chance of occurring in any given year) where flood elevations have
been determined. In order to develop the property the applicant will need to
construct drainage improvements based on engineered plans that are approved by
FEMA through the issuance of a Conditional Letter of Map Revision (CLOMR).
Once the drainage improvements are completed, the applicant requests a Letter of
Map Revision (LOMR) through the Department of Public Works. Upon approval
of a LOMR, FEMA revises the Flood Insurance Rate Map for the affected area.
Condition G currently requires that the applicant install the required drainage
improvements and secure a LOMR from FEMA before Final Subdivision
Approval or Final Plan Approval, whichever occurs first. The applicant's request
to amend the condition would allow the applicant to subdivide the property or
receive plan approval and construct the required drainage improvements in
conjunction with development of the assisted living facility. Once the site work
for the assisted living facility and drainage improvements are completed, a LOMR
will then be obtained from FEMA based on the completed work.
c. Request for relief from fair share contribution provisions for an assisted living
facility: The applicant is requesting a determination of whether the fair share
contribution requirements in Condition Q apply to assisted living facilities, and if
so, requests relief from the parks and roads contribution components of
Condition Q.
The fair share program was created by the County Council in the 1990's and is
administered by the Planning Department. Condition Q currently requires that the
applicant pay a fair share contribution to mitigate the regional impacts of the
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development with respect to parks and recreation, fire, police, solid waste disposal
facilities and roads when any single-family dwellings or multiple-family dwellings
are constructed on the property.
The applicant is requesting the determination and relief from Condition Q because
they believe the current proposal to construct an assisted living facility would
have reduced impacts on public services, such as park and recreational facilities,
police, and fire facilities and roads. The proposed facility is intended to absorb
existing traffic generated by elderly residents who already reside in the community
in a single setting. On-site exercise and recreational amenities will be available at
the facility. The applicant acknowledges that police and fire needs will be
generated by the facility, but believes that since the residents will be staying
within a single complex, real property taxes generated by the facility are expected
to cover these needs as well as other ancillary County services.
(P.D. Exhibit 2- Applicant's letters dated September 23, 2016; P.D. Exhibit 3-
Applicant's letter dated November 22, 2016; P.D. Exhibit 4- Planning
Department letter dated October 18, 2016; P.D. Exhibit 5 - Applicant's letter
dated September 22, 2016)
BACKGROUND INFORMATION
3. Ordinance No. 96 159: Change of Zone Ordinance No. 96 159 was approved on
December 5, 1996 for Tri-Electric, Inc. to rezone the property from RS-10 to CN-7.5.
The developer's plans at that time were to consolidate and re-subdivide the subject
property into lots ranging from approximately 7,500 to 50,000 square feet in size and
develop a mix of single-family and multiple-family residential uses as well as a small
commercial area and community center. The extension of`Awapuhi Street through the
property in order to create a connection between Kahaopea Street and E. Kawailani Street
was also planned.
4. Ordinance No. 99 116: Change of Zone Ordinance No. 99 116 was approved on
October 22, 1999 to amend Conditions B, D, E, I, J and K of Ordinance No. 96 159. The
amendments related to deferring the water commitment payment, removing the limitation
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on the location of the proposed commercial area, modifying the requirement to submit a
Traffic Impact Analysis Report (TIAR), deleting the requirement to construct the
`Awapuhi Street extension and dedicate it to the County, reducing the requirement to
install curbs, gutter and sidewalk improvements along the entire subject frontage of
Kahaopea Street and removing the restriction of the access location on Kahaopea Street.
At the time, the new property owners, Finance Holdings, Ltd., intended to commence
with the neighborhood commercial component of the development and were seriously
reconsidering whether to include a residential component as originally planned.
5. Ordinance No. 12 111: Change of Zone Ordinance No. 12 111 was approved on August
10, 2012 to amend several conditions of Ordinance No. 99 116. (see Ordinance
No. 12 111 in P.D Exhibit 2)
STATE AND COUNTY PLANS
6. State Land Use District: Urban.
7. General Plan LUPAG Map Designation: Low Density Urban, which allows residential
(overall residential density may be up to six units per acre), with ancillary community and
public uses, and neighborhood and convenience-type commercial uses.
8. County Zoning: Neighborhood Commercial- 7,500 square foot minimum lot size (CN-
7.5). The proposed use is permitted in the CN zoning district provided a Use Permit is
secured for such use.
9. Hilo Community Development Plan: The Hilo CDP, adopted as Planning Commission
Resolution No. 1 on May 21, 1975, identifies the property for residential use.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
10. Subject Property: The vacant property was formerly used as a nursery and is currently
covered in a variety of non-native trees, shrubs and grasses. There are three road
easements within parcels 35 and 37 that provide access to parcels 03, 30, 32 and 33. The
Palai Stream runs along the east boundary of the subject property.
11. Surrounding Zoning and Land Uses: There is a single-family dwelling on Parcel 30,
which is an RS-10 zoned lot fronting Kanoelehua Avenue that is surrounded by the
subject property. With the exception of the Puainako Town Center, which is located
-5-
northwest of the property across the East Kahaopea Street/Highway 11 intersection, the
surrounding area is in single-family residential use. There are two vacant parcels zoned
RS-10 between the subject property and the Hilolani Subdivision to the east. The
majority of these two parcels are situated in the "AE" flood zone. The Ka`iulani and
Ruthie Subdivisions are located to the south and the Waiakea Homesteads Houselots are
located to the north on lands zoned RS-10.
12. Flood Zone: Portions of the property are in an area designated as Flood Zone AE on the
Flood Insurance Rate Map (FIRM)by the Federal Emergency Management Agency
(FEMA). Flood Zone AE is a Special Flood Hazard Area inundated by the 100-year(1%
chance of occurring in any given year) where flood elevations have been determined.
13. Archaeological/Historical/Cultural Resources: The property was previously used as a
nursery but currently no structures exist on the property. The property was grubbed
around 2001. In February 2009, a field inspection was conducted by an archaeologist to
assess the site conditions related to historic and cultural sites. It was observed that most of
the property had been mechanically altered in the past. In a letter dated July 18, 2016, the
Department of Land and Natural Resources- State Historic Preservation Division
concluded no historic properties will be affected by development of the property.
14. Flora/Fauna Resources: The property was grubbed of invasive vegetation in 2001 and
2004. Since then invasive trees and shrubs have again taken root. Feral pigs and goats
have been observed; however no rare, threatened or endangered species have been located
on the property. It is highly unlikely that they would exist on the property due to the
property's close proximity to urban development.
15. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
16. Traffic Impacts: In June 2016, AECOM Technical Services Inc. prepared a Traffic
Impact Assessment Report conducted for the current proposed development. The report,
which assessed traffic impacts of the assisted living facility and approximately 13,500
square feet of commercial development, recommends the west leg of the Kanoelehua
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Avenue/Kahaopea Street intersection be re-striped to provide more vehicle queueing
space for the eastbound left-turn and through traffic movement.
PUBLIC UTILITIES AND SERVICES
17. Access: Access to the property is currently provided via an unimproved driveway off of
Kahaopea Street near Kanoelehua Avenue. The driveway is located in a road easement
that provides access to Parcel 30. The applicant plans to construct a 30-foot wide
driveway access further east on Kahaopea Street across from `Awapuhi Street. Kahaopea
Street is a County roadway with a 40-foot wide right-of-way and is paved with no
sidewalks or curbs. The Police Department has indicated the East Kahaopea Street
approach to the highway intersection has a steep incline and limited visibility, and East
Kahaopea Street near the proposed access across from `Awapuhi Street is narrow and
would need to be improved to handle the project's traffic. The applicant plans to widen
the road and install curb, gutter and sidewalk improvements along the property's entire
Kahaopea Street frontage.
18. Water: County water is available to the site from a 20-inch waterline in Kanoelehua
Avenue and 8-inch waterline within Kahaopea Street. There is an existing service lateral
designated to parcel 37 capable of accommodating a 1-inch meter, which is limited to three
(3)units ofwater,or amaximum dailyusage of 1,800 gallons per day. Additional water
system improvements, such as new service lateral(s) and meter(s), may be required to
provide the amount of water needed for development of the property. The 20-inch
waterline in Kanoelehua Avenue is adequate to provide the required 2,000 gallons per
minute flow for fire protection.
19. Wastewater: The County sewer system extends as far south as Maka'ala Street in Hilo,
therefore there is no sewer in the area. The applicant estimates about 17,740 gallons per
day of wastewater will be generated at the proposed assisted living facility. A wastewater
treatment unit will be installed to handle the wastewater, which will include a secondary
treatment facility, pump station, treatment tanks and injection wells. The system will meet
the requirements of the State Department of Health.
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20. Solid Waste: There are no municipal waste collection services in the County. All solid
waste generated by the development will require private disposal at the Hilo landfill.
21. Essential Utilities and Services: Electricity and telephone services can be made
available to the site. Police, fire and medical services are available nearby in Hilo.
AGENCIES' COMMENTS
22. Department of Public Works- Engineering Division: P.D. Exhibit 6- November 22,
2016 memo
23. Department of Public Works- Traffic Division: P.D. Exhibit 7-November 9, 2016
comment sheet
24. Department of Water Supply: P.D. Exhibit 8- October 27, 2016 memo
25. Fire Department: P.D. Exhibit 9- November 3, 2016 memo
26. State Department of Health: P.D. Exhibit 10- November 14, 2016 memo
27. DLNR Land and Engineering Divisions: P.D. Exhibit 11-November 10, 2016 memo
AGENCIES - NO COMMENTS OR CONCERNS
28. Department of Environmental Management, Police Department.
AGENCIES - NO RESPONSE
29. State Department of Transportation, Civil Defense Agency, Office of Housing and
Community Development, Real Property Tax Office.
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
30. P.D. Exhibit 12: Letter from Thomas L.H. Yeh dated December 15, 2016
responding to Police Department and Department of Public Works-Traffic Division
comments.
PUBLIC COMMENTS
31. P.D. Exhibit 13—Letter dated November 2, 2016 letter from the Hawaii Island
Chamber of Commerce.
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Law Offices of Yeh & Moore THOMAS L.H.YEH
A Limited Liability Law Company tly@yehandmoore.00m
MICHAEL W.MOORS
,� n �✓ ,2 r n mmoore@yehandmoore.com
19
85 W.Lanikaula Street,Hilo,Hawaii 96720-4199 !.!116 UL
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Of Counsel:
Telephone (808)961-0055 Fax (808)969-1531 JILL D.RAZNOV
y i jdraznov n gmail.com
September 23, 2016
Duane Kanuha, Director Hand-Delivered
Planning Department
County of Hawai'i
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Change of Zone (REZ 840)
Applicant: RhodesMoore, LLC
Subject: TMK Nos. (3) 2-2-044: 003, 031, 032, 035 and 037;
Waiakea, South Hilo, Hawaii
Request: Amend Condition G" (Obtain LOMR From FEMA) and Time
Extension To Comply with Condition "C" (Final Subdivision
Approval) of County of Hawaii of Ordinance No. 12 111
Dear Mr. Kanuha:
On behalf of our client, RhodesMoore, LLC ("Applicant"), please process this request for
amendment to Condition"G" (Obtain Conditional Letter of Map Revision ("CLOMR") in lieu of
Letter of Map Revision ("LOMR") from FEMA prior to Final Subdivision Approval or Final
Plan Approval), and for an additional extension of time of five (5)years for the performance of
Condition"C" (Final Subdivision Approval or Final Plan Approval to be obtained), of Ordinance
No. 12 111, effective August 10, 2012, approving Change of Zone from RS-10 to CN-7.5 (the
"Ordinance"). The fee owner of the subject property, Graphic Images, Hawaii, Inc. ("GIH") has
authorized this request on the signature page hereto.
The subject properties are TMK Nos. (3) 2-2-044: 003, 031, 032, 035 and 037, which is
located on the southeast side of the intersection of Kanoelehua Avenue (State Highway 11) and
East Kahaopea Street, Waiakea Homestead House Lots, South Hilo, Hawaii (the "Property"). A
copy of the Ordinance is enclosed herewith.
Set forth below are a description of the general status of development plans for the
project, a summary of the background related to the Ordinance, the reasons for the instant
requests for amendment, and satisfaction of concurrency requirements.
A
N (D
Planning Dept. S i X016
Exhibit 2
Law Offices of Yeh & Moore
A Limited Liability Law Company
•
September 23, 2016
Page 2
Introduction - Status of Project Development
Applicant is currently in contract to purchase the Property from GIH. Applicant submitted a
Use Permit Application on August 11, 2016 to the Planning Department for the Project along with a
revised Site Plan, submitted on August 26, 2016, which depicts the proposed Project thereunder being
a three-story, 81,404 square foot ALF,providing 24-hour living accommodations in a home-like
environment for up to 120 full-time residents. The Project is planned to be constructed in two phases,
with the first phase to include an 88-bed section, together with development elements described in
Applicant's Use Permit Application. Subject to the rate of absorption, the second phase of the project,
consisting of an additional 32 beds, would be 3 to 5 years after the first phase, with the planned second
and final phase resulting in a total of 120 beds in 105 units consisting of a mix of studios, one and two-
bedrooms, and Alzheimer/memory care units. Clustered parking stalls are planned around the ALF site
on all sides, and will connect to the building via perimeter walking paths.
Amenities will include a fitness/exercise room, gardens, and walking paths. Services to provide
elderly residents' daily needs will include medical services and personalized services for the individual's
well-being, including memory care and mental stimulation services. Transportation assistance, and
social programs will be provided.
The Project will be accessed from a planned new access driveway off Kahaopea Street at its
intersection with East Awapuhi Extension, a County road.
See enclosed Site Plan.
A commercial development incorporating light office and retail uses is also being considered by
the Applicant for the portion of the Property that would not be devoted to the ALF use.
Approximately 6,835 square feet of gross leasable floor area of retail and 6,835 square feet of office
area are proposed in the commercial center.
In its review of Applicant's Use Permit Request, the Planning Department has recommended
that Applicant apply for a time extension of Condition"C" (deadline to obtain final subdivision
approval), in conjunction with the performance of Condition"G" (obtaining a LOMR prior to securing
Final Subdivision Approval of final plan approval, whichever occurs first), due to the likelihood that
Applicant will be unable to obtain a LOMR from FEMA before the August 20, 2017 deadline to obtain
final subdivision approval.
Summary of the Instant Requests
Condition"G" currently requires that Applicant obtain, if required, a Letter of Map Revision
("LOMR")from FEMA prior to securing final subdivision approval or final plan approval for the
Law Offices of Yeh & Moore
A Limited Liability Law Company
September 23, 2016
Wage 3
Property, whichever occurs first. See Condition"D", p. 3. Applicant is requesting that the LOMR
requirement be replaced with the requirement that Applicant obtain a CLOMR (Conditional Letter of
Map Revision") rather than a LOMR prior to securing final subdivision approval or final plan approval
for the Property, whichever occurs first. CLOMR approval will allow Applicant to proceed to
construct drainage improvements in conjunction with the development of the ALF facility and develop
the ALF site. Once the ALF site work and related drainage improvements are completed, at that point
LOMR approval will be obtained based on the completed work.
Request is also made to extend the August 10, 2017 deadline to obtain final subdivision
approval or final plan approval for five (5 )years (Condition"C").
Background Information
Ordinance No. 96159
Change of Zone Ordinance No. 96 159 was approved on December 5, 1996 on
behalf of Graphic Images Hawaii, LLC ("GIH"), Finance Holdings, LTD ("Finance Holdings") and Tri-
Electric, Inc. ("Tri-Electric"). Tri-Electric requested to rezone the Property from Single Family
Residential - 10,000 square feet (RS-10)to Neighborhood Commercial - 7,500 square feet(CN-7.5)
zoning district. The approval of the change of zone request was originally intended so that the
developer at that time could consolidate and re-subdivide the Property into lots ranging from
approximately 7,500 to 50,000 square feet in size and develop a mix of single-family and multiple-
family residential uses as well as a small commercial area and community center. See Planning
Department Background Report to GIH's Amendment Request to Change of Zone Ordinance No. 99
116 (REZ 840), dated January 26, 2012 ("2012 Background Report") for history of zoning
amendments.
Ordinance No. 12111
Change of Zone Ordinance No. 12 111 was most recently approved on August 10,
2012 on behalf of GIH to amend Condition"C" of Ordinance No. 99 116 relating to: extending the
time to secure final subdivision approval and to reflect the standard language, at that time, for conditions
of approval. In 2005,the Planning Director granted a five-year administrative time extension to
October 22, 2009 to comply with Condition"C". GIH requested the extension of time so as to obtain
final approval from DOT of the entry from Kanoelehua Avenue. At that time, GIH was planning to
develop the property with approximately 38,000 square feet of general retail space, a gas station with
six fuel pumps and convenience store, and an approximately 4,000 square foot fast-food restaurant
with drive-through. The plan allowed for five building sites with related parking. Access to the Property
was to be via Kanoelehua Avenue for ingress only and Kahaopea Street for ingress and egress.
Law Offices of Yeh &Moore
A Limited Liability Law Company
September 23, 2016
Page 4
Since then, the Applicant has prepared a plan for the development of the proposed ALF, as
described.
Reasons for Instant Requests
Applicant is proposing construction of the ALF in order to provide badly needed assisted living
opportunities for East Hawaii. This proposed use will serve to fill a need for elderly care facilities.
Applicant is requesting a time extension of five (5)years in which to complete the performance
of Condition"C" of the Ordinance. Related Conditions are tied to development of the Project, which
would coincide with obtaining final plan approval or final subdivision approval.
Applicant's instant request is consistent with the criteria provided in Section "P" of the
Ordinance in that the nonperformance of Applicant is the result of conditions that could not have been
foreseen or are beyond the control of Applicant and not due to the fault or negligence of Applicant.
Instead, Applicant's ability to proceed with the Project as envisioned has been due to the combined
effects of Applicant's pending purchase of the Property, its developmental plans which materially differ
from those of its predecessor, and the existing LOMR, issued September 25, 2014, effective February
9, 2015, obtained by GIH, which does not include engineering plans with regard to constructing the
access driveway along the Awapuhi extension. These events were not within Applicant's control.
Applicant proposes that final subdivision approval and final plan approval be issued after a CLOMR is
obtained for the required drainage improvements.
The granting of the time extension would not be contrary to the General Plan or Zoning Code.
Likewise, granting the time extension would not be contrary to the original reasons for the granting of
the change of zone request, as well as the character of the area. The Ordinance was approved,
partially, on the basis that the zoning change and State land use district reclassification were appropriate
given the recent zoning changes and district boundary amendments in the vicinity, at the time of
Applicant's predecessor-in-interest's initial application, and the General Plan designation of the
Property. The proposed use was and is consistent with surrounding areas of the Property.
Satisfaction of Concurrency Requirements
Applicant will meet the concurrency standards required under the Hawaii County Zoning Code,
§25-2-46 ("HCC") for roads, water supply and civil defense sirens, as follows.
Law Offices of Yeh & Moore
A Limited Liability Law Company
September 23, 2016
Page 5
Roads
The TIAR, prepared June of 2016, is enclosed with this request. The TIAR assesses
impacts to transportation facilities serving the Project area and in the immediate vicinity and general area
of the Project. Id. At (d)(2). The TIAR includes projections for future growth in traffic for a minimum
of five, ten and twenty years, and includes reasonable assumptions as to other and proposed
development expected to impact the Project area. Id. at(d)(3); see Exhibit"G"to Use Permit
application,p. 11, Fig. 5. Finally, the TIAR presents an assessment of the impacts of the Project on
LOS and an evaluation of alternative plans for mitigation, including budgetary cost estimates of
alternative plans. Id. at(d)(4); see Exhibit"G"to Use Permit application, pp. 6-7.
The TIAR also meets the mitigation requirements in the HCC (HCC §25-2-46(e) and
(f)) based upon Condition"E" of the Ordinance, requiring approval of the TIAR by DOT and the
construction of mitigation measures required by the TIAR, including intersection improvements, if any,
meeting with the approval of DPW and DOT, should the proposed intersection improvements not be
commenced by DOT. Based on the TIAR, the Project and proposed accessory commercial center
are projected to have "negligible vehicular traffic impacts" at the East Kahaopea Street and Kanoelehua
Avenue intersection and East Kahaopea Street and Awapuhi Street intersection and adjacent
roadways. Exhibit "G"to Use Permit application, p. 14. Traffic generated by Hilo Senior Housing is
expected to be less intense than other types of residential uses. Id. No exacerbation of the
downstream congestion sporadically observed during existing peak hours is expected. Id. The Project
will slightly increase traffic volumes on the East Kahaopea Street approach to the Kanoelehua Avenue
and East Kahaopea intersection. Id.
Based on the slight traffic increase to eastbound through movement and because the
westbound is configured with a combined left/through bay,the TIAR recommends that the median
pavement striping on East Kahaopea Street between the Puainako Center driveway/Olu Street and
Kanoelehua Avenue be modified to provide for more vehicle queuing space for the eastbound left-
turning and through traffic movement at Kanoelehua Avenue. In addition, it is recommended that the
portion of the medium turn lane striping that serves the eastbound/left through movement at Kanoelehua
Avenue be lengthened and the left-turn lane serving traffic turning into Olu Street be shortened. Id.,
Fig. 6, p. 15 (illustrating the recommended lane striping modification).
Water
The Department of Water Supply has determined that it can meet the water
requirements of the Project and issue water commitments using the existing eight(8) inch waterline
located along East Kahaopea Street, thus satisfying HCC §25-2-46(m) as to water concurrency
standards.
Law Offices of Yeh & Moore
A Limited Liability Law Company
September 23, 2016
Page 6
Civil Defense
Existing civil defense sirens are available at Panaewa Park, located at 100 Ohuohu,
which is less than one-half(1/2) mile from the intersection of Kanoelehua Avenue and Kahaopea Street.
This siren provides adequate warning coverage across the entire Project site. HCC §25-2-46(o).
Please do not hesitate to contact us if you have any questions or require any additional
information. We request that this request be processed accordingly.
Very truly yours,
LAW OFFICES OF YEH & MOORE
THOMAS L.H. YEH
SO APPROVED:
GRAPHIC IMAGES HAWAII, INC.
ROLAND HIGASHI
Its President
Enols.
cc: RhodesMoore, LLC
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COUNTY OF HAWAII f'= *1 •1: STATE OF HAWAII
���ILL NO. 229
ORDINANCE NO. 12
AN ORDINANCE AMENDING ORDINANCE NO. 99116 WHICH AMENDED
ORDINANCE NO. 96 159 WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE
MAP),ARTICLE 8,CHAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY CODE,
1983(2005 EDITION)(formerly referred to as Section 25-114,City of Hilo Zone Map,Article 3,
Chapter 25,Zoning Code)BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10)TO NEIGHBORHOOD
COMMERCIAL—7,500 SQUARE FEET(CN-7.5)AT WAIAKEA,SOUTH HILO,HAWAII,
COVERED BY TAX MAP KEY NOS. 2-2-044:003,031,032,035,AND 037.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 99 116 is amended as follows:
SECTION 2. The following amendments to Ordinance No. 99-116 shall apply only to
Tax Map Key Nos. 2-2-044:031,032,035 and 037. In accordance with Section 25-2-44,
Hawai`i County Code 1983 (2005 Edition).the County Council finds the following conditions
are:
(1) Necessary to prevent circumstances which may be adverse to the public
health,safety-and welfare;or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use,or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant,successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
-1-
B. The anticipated maximum daily water usage shall be submitted and the required
water commitment payment shall be submitted to the Department of Water Supply
in accordance with its"Water Commitment Guidelines Policy"prior to securing
Tentative Subdivision Approval.
C. Final Subdivision Approval of the proposed consolidation/resubdivision of the
subject property shall be secured within five(5)years from the effective date of
[the rezening}this amended ordinance. The subdivision plans shall delineate a 10-
foot wide road widening strip along the Kahaopea Street frontage.
D. In conjunction with the submittal of plans for subdivision review or plan approval
review, a master plan for the subject property shall be filed with the Planning
Director. Final Plan Approval for the subject property and related improvements
shall also be secured from the Planning Director. Plans to be submitted for final
subdivision approval or final plan approval shall also comply with the approved
master plan and all conditions of approval set forth in this ordinance. The purpose
of the master plan is to provide comprehensive principles and guidelines for the
commercial and residential development within the subject property in order to
assure that the development is compatible with the surrounding area. The master
plan shall include,but not be limited to, standards and guidelines relative to open
space,architecture building controls(appearance, siting,heights,building
materials,signs,etc.),terrain,topography,off-street parking,landscaping,
setbacks from property lines and buildings,lot coverage ratio,etc. and
enforcement procedures. A Landscaping Plan,in accordance with Planning
Department's Rule 17 shall also be submitted to include landscaping along
property boundaries,for the purpose of mitigating any potential adverse noise and
visual impacts to adjoining parcels and the intersection. Multiple-family
residential structures shall be designed to be in keeping with the single family
residential character of the surrounding area.
-2-
E. If required by the Planning Director,[a]an updated Traffic Impact Analysis Report
shall be submitted for review and approval by the Department of Public Works
and the Department of Transportation(DOT)prior to the submittal of plans for
subdivision review. Prior to the issuance of the certificate of occupancy for any
portion of the subject property,the applicant shall be responsible for constructing
and/or paying for its pro rata share of intersection improvements at the
intersection of Kanoelehua Avenue and Kahaopea Street subject to the traffic
mitigation measures required by the Traffic Impact Analysis Report for the subject
property meeting with the approval of the Department of Public Works and
Department of Transportation, should the proposed intersection improvements not
be commenced by the DOT.
F. A Solid Waste Management Plan for the subject property shall be submitted to the
Department of Environmental Management for review and approval [te-the
• •• ' = • ••• • •• - • - ' • . '=-------- ]prior to Fin Plan Approval.
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G. The applicant shall obtain,if required,a[CE*r ]Letter of Map Revision
[E3] (a. )from FEMA for the subject property prior to securing Final
Subdivision App oval of final plan approval,whichever occurs first.
.,&v./14f---
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H. Drainage improvements,if required, shall be constructed in a manner meeting
with the approval of the Department of Public Works prior to securing Final
Subdivision Approval or final plan approval for the subject property,whichever
occurs first.
L Prior to securing final subdivision approval or the issuance of certificate of
occupancy for the subject property,which ever occurs first,the south side of
-3-
Kahaopea Street shall be improved and widened with the construction of curb,
gutter and sidewalk improvements(with pavement widening and transitions)
fronting the subject property between Kanoelehua Avenue and the access road to
the subject property meeting with the approval of the Department of Public Works
and shall be dedicated to the County upon its request. For the area fronting the
subject property between the access road and the eastern boundary,these or other
improvements may be required by the Department of Public Works provided that
no major drainage structures,such as a bridge or culvert,are required by such
improvements.
J. Accesses to the property and all roadways within the subject property shall meet
with the requirements and approval of the Planning Director, upon consultation
with the Department of Public Works and/or the State Department of
Transportation. Access to the subject property shall be by the way of the Awapuhi
Street extension or an alternate access point as agreed upon by the Planning
Director,upon consultation with the Department of Public Works and/or State
Department of Transportation.
subieetiarePeftyr
. .. Z ..: . . .. _ __ .. .., • :,
-4-
. : :. '.' - . : ... . . -• •. , - _ • • .... •... . - . ,
1. $2,291.39 per multiple family residential unit for an indicated total of
3. $222.77 per multiple family residential unit for an indicated total-of
-5-
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-6-
or Zoning Code;
time extension granted shall be for a period not to exceed the period
apprepfiate-designatiend
K. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
L. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
M. Comply with Chapter 11-55,Water Pollution Control.Hawai`i Administrative Rules,
Department of Health, which requires a NPDES permit for certain construction
activity.
N. All earthwork activity,includinggrubbing and grading,shall conform to Chapter 10,
Erosion and Sedimentation Control of the Hawaii County Code.
0. Construction activities must comply with the provisions of Hawai`i Administrative
Rules,Chapter 11-46,"Community Noise Control."
-7-
P. 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 DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
0. If the applicant,successors,or assigns develop residential units or lots on the subject
properties,the applicant,successors,or assigns shall make its fair share contribution
to mitigate the potential regional impacts of the development with respect to parks
and recreation,fire,police, solid waste disposal facilities and roads, The fair share
contribution shall become due and payable prior to receipt of Final Subdivision
Approval or Final Plan Approval, whichever is applicable. The fair share
contribution shall be based on the actual number of residential units or lots
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
$7,903.35 per multiple family residential unit ($12,316.47 per single family
residential unit). The total amount shall be determined by the actual number of units
or lots 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. $3,898.50 per multiple family residential unit($5,939.22 per single
family residential unit)to the County to support park and recreational
improvements and facilities;
-8-
2. $123.21 per multiple family residential unit($286.51 per single family
residential unit)to the County to support police facilities;
3. $379.01 per multiple family residential unit($565.89 per single family
residential unit)to the County to support fire facilities;
4. $168.93 per multiple family residential unit($247.75 per single family
residential unit)to the County to support solid waste facilities; and
5. $3,333.69 per multiple family residential unit($5,277.10 per single
family residential unit)to the County to support road and traffic
improvements.
In lieu of paving the fair share contribution,the applicant,successors or assigns
may contribute land and/or construct improvements/facilities related to parks and
recreation,fire,police,solid waste disposal facilities and roads within the region
impacted by the proposed development,subject to the review and
recommendation of the Planning Director,upon consultation with the appropriate
agencies and approval of the County Council. The cost of providing and
constructing the improvements required in Condition E,I and.1 shall be credited
against the sum specified in Condition Q(5)for road and traffic improvements.
R. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees,conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
S. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented,the applicant shall comply with the requirements of Chapter 11,
Article 1,Hawai`i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval.
-9-
T. The applicant, successors or assigns shall comply with all applicable County,
State and Federal laws,rules,regulations and requirements.
U. If the applicant should require an additional extension of time,the Planning
Director shall submit the applicant's request to the County Council for appropriate
action. Further,should any of the conditions not be met or substantially complied
with in a timely fashion,the Director may initiate rezoning of the area to its
original or more appropriate desianation."
SECTION 3. Material to be deleted is bracketed and struck through and material to he
added is underscored.
SECTION 4. In the event that any portion of this ordinance is declared invalid,such
invalidity shall not affect the other parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
•
COUNCIL , ER,CO 'Y OF HAW `I
b
Kona ,Hawai`i "" � _
Date of Introduction: July 2012
Date of 1st Reading: JuLy 3, 2012
Date of 2nd Reading: July 39, -2012-
Effective Date: August 10, 2012
*AlitNCE Comm. 669
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-7.5) AT
WAIAKEA, SOUTH HILO, HAWAII.
PREPARED BY t PLANNING DEPARTMENT
COUNTY OF HAWAII
} TMK: 2.2-44: .3,31,32,35 and 37
OCTOBER 15 19-6
EXHIBIT "A" FOR REFERENCE ONLY m+i-6ts ,c)
OFFICE OF THE COUNTY CLERK
County of Hawai`i COUNTY CLERK
Kona,HawaiiCC1_"! t ` :',I- !Y'.?-.:A11
Introduced By: Pete Hoffmann 2012 !4.Rd113,c& OhNE
Date Introduced: July 3, 2012 AYES NOES ABS EX
First Reading: July 3, 2012 Bias X
Published: July 14, 2012 Ford X
Hoffmann X
REMARKS: Ikeda X
Onishi X
Pilago X
. Smart X
Yagong X
Yoshimoto X
Second Reading: July 19, 2012 7 2 0 0
To Mayor: July 27, 2012
Returned: Aug]is t 10, 2012 ROLL CALL VOTE
Effective: August 10, 2012
AYES NOES ABS EX
Published: August 21, 2012 Bias X
Ford X •
REMARKS:
Hoffmann X
Ikeda X
Onishi X
Pilago X
Smart X
Yagong X
Yoshimoto X
7 1 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FO AND LEGALITY:
i OUNCEC • RP • 9DEPU CORPORAT ON 1 NSEL ( i' "p,
COU TY OF HAWAII /
Date
i U.L 31 2012 COUNTY CLERK
r '''' Bill No.:
229
/D d Reference: C-669/PC-54
Appr ,v p . _.this ay
��, ti a Ord No.: 12 111
0 Viii.MAYOR, COUNTY 1 ---/ ciri
Kanoeleh ua Senior Center/Commercial Development
Transportation Impact Assessment Report
Table 3 Projected Vehicular Volume Generated by Proposed Development
ITE AM Peak Hour PM Peak Hour
Land Use Intensity Category FiI Out In Out
Senior Assisted 120
254 ' 15 7 17 17
Living beds
High-Turnover
Sit-Down 6835
932 41 33 40 27
Restaurant s.f.
,835
General Office 710 20 3 15 71
•
Total Site 76 43 72 115
Notes; AM and PM Peak Hour traffic volume units are vehiolesihour,
Trip Generation is the estimation of vehicular traffic based on equations documented in the
Institute of Transportation Engineers publication, Trip Generationr Edition. The category
number refers to a specific land use.
§232j2LhasAtlei
• AM Peak Hour: T7--0.18 (X) where X = occupied beds, 68% inbound/32% outbound
PM Peak Hour: T029 (X) where X occupied beds, 50% inbound/50% outbound
IpigiallEZApjr
AM Peak Hour: T=4.91 (X) + 115,59 where X= 1,000 sqft. gross leasable area
• 48% inbound/52% outbound
PM Peak Hour: T=2.42 (X) 4' 21.48 where X 1,000 sq. ft. gross leasable area
44% inbound158% outbound
Law Offices of Yeh & Moore THOMAS L.H.YEH
tly@yehandmoore.com
A Limited Liability Law Company
MICHAEL W.MOORE
nunoore(Jyehandm o ore.com
I'11U 1 !ee 1 7r r-!1 t -- —
85 W.Lanikaula Street,Hilo,Hawaii 96720-4199 '1 ` 1 Of Counsel:
ALL D.RAZNOV
Telephone (808)961-0055 Fax (808)969-1531 7 .jdraznov@gmad.com
November 22, 2016
Duane Kanuha, Director
Planning Department
County of Hawai'i
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720 •
Re: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 1 2-11 1 (REZ 840)
Request: Five-Year Time Extension to Comply with Condition C (secure final
subdivision approval) and Amendment to Condition G (obtain FEMA
letter of map revision)
Tax Map Key: 2-2-044:031, 32, 35 and 37
Applicant: RhodesMoore, LLC
Dear Mr. Kanuha:
On October 18, 2016, the Planning Department responded to our September 22, 2016 letter
requesting interpretation as to whether Condition Q (fair share contributions) of Ordinance No. 12-111
applies to the types of units to be offered in the assisted living facility ("ALF") which is being proposed
for the subject property. It was determined that the issue is a matter which should be addressed by the
County Council, but the Planning Department indicated that in the past, the Council has been willing to
provide relief to assisted living facilities from the fair share contribution requirements for parks and
roads, since such facilities often provide services to residents in the course of their development or
operations.
Based on the above, we request that in the course of review of the Applicant's current request
for amendment to Ordinance No. 12-112, that the Council provide relief from the parks and roads
contribution components of the fair share provisions of condition Q, as to the requested assisted living
facility, or determine that such provisions do not apply to the proposed ALF. Please include this
request as part of the Planning Department's background report and recommendations.
Should you or staff have any questions about the above, please let us know.
Very truly yours,
LAW OFFICES OF YEH & MOORE
By SCANNED
THOMAS L.H. YEH NOV 2 2 8 2016
cc: RhodesMoore, LLC Planning Dept. t
TLHY\db Exhibit, 3 _ �•
""w ',1William P. Kenoi Darren J.
Rosario
-
Mayor Fire Chief
i r1
Renwick J. Victorino
1 •i'1�.,^.•=r` = :p.,r Deputy Fire Chief
( ouutp of at ai` t
HAWAI`I FIRE DEPARTMENT
25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720
(808)932-2900•Fax(808)932-2928
November 3, 2016
TO: DUANE KANUHA, PLANNING DIRECTOR
FROM: DARREN J. ROSARIO, FIRE CHIEF
SUBJECT: Amendment to Change of Zone Ordinance No. 12-111 (REZ 840)
Applicant: Rhodes Moore, LLC (formerly Graphic Images Hawai`i, Inc.)
Request: Fire-Year Time Extension to Comply with Condition C
(Secure Final Subdivision Approval) and Amendment to
Condition G(Obtain FEMA Letter of Map Revieision)
Tax Map Key:2-2-044:003, 031, 032, 035 and 037
In regards to the above-mentioned Amendment to Change of Zone Ordinance,the following shall
be in accordance:
NFPA 1, UNIFORM FIRE CODE,2006 EDITION
Note: Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County
of Hawai`i amendments. County amendments are identified with a preceding "C—" of the
reference code.
Chapter 18 Fire Department Access and Water Supply
18.1 General. Fire department access and water supplies shall comply with this chapter.
For occupancies of an especially hazardous nature, or where special hazards exist in addition to
the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or
areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ
may require additional safeguards including, but not limited to, additional fire appliance units,
more than one type of appliance, or special systems suitable for the protection of the hazard
involved.
18.1.1 Plans.
18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to
the fire department for review and approval prior to construction. `
WA�i
Planning Dept.
NOV 4 2016
Exhibit 9 pp,141,1i 373 ,44
Hawai'i County is an Equal Opportunity Provider and Employer.
Duane Kanuha
November 3,2016
Page 2
18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be
submitted to the fire department for review and approval prior to construction.
C- 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate
any Fire hydrant unless such person first secures permission or a permit from the owner or
representative of the department, or company that owns or governs that water supply or system.
Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or
maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau
personnel.
18.2 Fire Department Access.
18.2.1 Fire department access and fire department access roads shall be provided and maintained
in accordance with Section 18.2.
18.2.2* Access to Structures or Areas.
18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be
installed in an accessible location where access to or within a structure or area is difficult
because of security.
18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to
require fire department access be provided to gated subdivisions or developments through the
use of an approved device or system.
18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire
department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is
modified in a manner that could prevent fire department access.
18.2.3 Fire Department Access Roads. (*may be referred as FDAR)
18.2.3.1 Required Access.
18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building,
or portion of a building hereafter constructed or relocated.
18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes,parking lots lanes,
or a combination thereof
18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports,
sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are
present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the
AHJ.
Duane Kanuha
November 3, 2016
Page 3
18.2.3.1.4 When fire department access roads cannot be installed due to location on property,
topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be
authorized to require additional fire protection features.
18.2.3.2 Access to Building.
18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m) of at least one
exterior door that can be opened from the outside that provides access to the interior of the
building. Exception: 1 and 2 single-family dwellings.
18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in
18.2.3.2.1 shall be permitted to be increased to 300 feet.
18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or
any portion of an exterior wall of the first story of the building is located not more than 150 ft
(46 m) from fire department access roads as measured by an approved route around the exterior
of the building or facility.
18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in
18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m).
18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided
when it is determined by the AHJ that access by a single road could be impaired by vehicle
congestion, condition of terrain, climatic conditions, or other factors that could limit access.
18.2.3.4 Specifications.
18.2.3.4.1 Dimensions.
C- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved
turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family
dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than
20 feet wide within 150 feet of the structure being protected. An approved turn around area shall
be provided if the FDAR exceeds 250 feet.
C- 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in.
C- 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such
increase or reduction does not impair access by the fire apparatus, and approved signs are
installed and maintained indicating such approved changes.
Duane Kanuha
November 3, 2016
Page 4
18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not
adequate to accommodate fire apparatus.
C-. 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and
maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall
be comprised of an all-weather driving surface.
18.2.3.4.3 Turning Radius.
C- 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30
feet, and a minimum outside turning radius of 60 feet.
18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width.
18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m) in
length shall be provided with approved provisions for the fire apparatus to turn around.
18.2.3.4.5 Bridges.
18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall
be constructed and maintained in accordance with county requirements.
18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of
fire apparatus.
18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by
the AHJ.
18.2.3.4.6 Grade.
C- 18.2.3.4.6.IThe maximum gradient of a Fire department access road shall not exceed 12
percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a
Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum
gradient of such area(s) shall not exceed 10 percent.
18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road
shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m) or the design limitations of the fire
apparatus of the fire department, and shall be subject to approval by the AHJ.
18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb
cuts extending at least 2 ft(0.61 m)beyond each edge of the fire lane.
Duane Kanuha
November 3, 2016
Page 5
18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be
approved the AHJ.
18.2.3.5 Marking of Fire Apparatus Access Road.
18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be
provided and maintained to identify fire department access roads or to prohibit the obstruction
thereof of both.
18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane.
18.2.4* Obstruction and Control of Fire Department Access Road.
18.2.4.1 General.
18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any
manner, including by the parking of vehicles.
18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be
maintained at all times.
18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or
impede accessibility for fire department operations.
18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and
barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles.
18.2.4.2 Closure of Accessways.
18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or
other approved barricades across roads, trails, or other accessways not including public streets,
alleys, or highways.
18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner.
18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the
manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the
owner and the AHJ.
18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted
property identified in 18.2.4.2.1.
Duane Kanuha
November 3, 2016
Page 6
18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been
installed by the fire department or by its order or under its control shall not be removed,
unlocked, destroyed, tampered with, or otherwise vandalized in any manner.
18.3 Water Supplies and Fire Hydrants
18.3.1* A water supply approved by the county, capable of supplying the required fire flow for
fire protection shall be provided to all premises upon which facilities or buildings, or portions
thereof, are hereafter constructed, or moved into or within the county. When any portion of the
facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus
access road, as measured by an approved route around the exterior of the facility or building, on-
site fire hydrants and mains capable of supplying the required fire flow shall be provided when
required by the AHJ. For on-site fire hydrant requirements see section 18.3.3.
EXCEPTIONS:
1. When facilities or buildings, or portions thereof, are completely protected with an
approved automatic fire sprinkler system the provisions of section 18.3.1 may be
modified by the AHJ.
2. When water supply requirements cannot be installed due to topography or other
conditions, the AHJ may require additional fire protection as specified in section 18.3.2
as amended in the code.
3. When there are not more than two dwellings, or two private garage, carports, sheds and
agricultural. Occupancies,the requirements of section 18.3.1 may be modified by AHJ.
18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs,
pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable
of providing the required fire flow shall be permitted.
18.3.3* The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be provided on a fire apparatus access road on the site of
the premises or both, in accordance with the appropriate county water requirements.
18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the
fire department.
18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25
or county requirements as determined by the AHJ.
18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected
unless located within a public right of way.
Duane Kanuha
November 3, 2016
Page 7
18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned
to service. Owners of private property required to have hydrants shall maintain hydrant records
of approval, testing, and maintenance, in accordance with the respective county water
requirements. Records shall be made available for review by the AHJ upon request.
C-- 18.3.8 Minimum water supply for buildings that do not meet the minimum County water
standards:
Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for
Firefighting.
Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for
Firefighting.
Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for
Firefighting.
Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow
requirements.
Multiple story buildings shall multiply the square feet by the amount of stories when determining
the minimum water supply.
Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water
standards shall double the minimum water supply reserved for firefighting.
Fire Department Connections (FDC)to alternative water supplies shall comply with 18.3.8 (1)-
(6) of this code.
NOTE Tn that mater catchment systems mare being useds a means of water supply for.
firefighting,suck systemsz`shall meet the following requirements:
1) In that a single water tank is used for both domestic and firefighting water, the water for
domestic use shall not be capable of being drawn from the water reserved for firefighting;
2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection
(FDC) shall be as follows:
a) 4" for C900 PVC pipe;
b) 4" for C906 PE pipe;
c) 3" for ductile Iron;
d) 3' for galvanized steel.
Duane Kanuha
November 3, 2016
Page 8
3) The Fire Department Connection (FDC) shall:
a) be made of galvanized steel;
b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap;
c) be located between 8 ft and 16 ft from the Fire department access. The location shall be
approved by the AHJ;
d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as
measured from the center of the FDC orifice;
e) be secure and capable of withstanding drafting operations. Engineered stamped plans
may be required;
f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the
structure being protected;
g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code.
4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second
FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing
500gpm by engineered design standards. The second FDC shall be located in an area
approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations
at once, in mind.
5) Inspection and maintenance shall be in accordance to NFPA 25.
6) The owner or lessee of the property shall be responsible for maintaining the water level,
quality, and appurtenances of the system.
EXCEPTIONS TO SECTION 18.3.8:
1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment
storage.
2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access
Road requirements.
3) For one and two family dwellings, agricultural buildings, storage sheds, and detached
garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access
Road requirements,the distance to the Fire Department Connection may be increased to 1000
feet.
4) For one and two family dwellings, agricultural buildings, and storage sheds greater than
2000square feet, but less than 3000 square feet and meets the minimum Fire Department
Access Road requirements,the distance to the Fire Department Connection may be increased
to 500 feet.
Duane Kanuha
November 3,2016
Page 9
5) For buildings with an approved automatic sprinkler system, the minimum water supply
required may be modified.
If there are any questions regarding these requirements, please contact the Fire Prevention
Bureau at (808) 932-2911.
61-4. 9"---:
DARREN J. ROSARIO
Fire Chief
KV:ds
DAVID Y.IGE o- _ VIRGINIA PRESSLER,M.D.
GOVERNOR OF HAWAII ''pi••X959 . DIRECTOR OF HEALTH
1 , , '•;11 1 ^ 7:n L! CO
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: November 14, 2016
TO: Mr. Duane Kanuha
Planning Director, County of Hawaii
FROM: Eric Honda l/V
District Environmental Health Program Chief
SUBJECT: Amendmet to Change of Zone Ordinance No. 12-111 (REZ 840)
Applicant: Rhodes Moore, LLC (formaerly Graphic Images Hawaii, Inc.)
Request: Five-Year Time Extension to comply with condition C
TMK: 2-2-044:003, 032, 035 and 037
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss
these requirements, please contact our Clean Air Branch staff at Ph. 933-0401.
The Department of Health (DOH), Clean Water Branch(CWB), acknowledges receipt of the
subject document on October 17, 2016. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
Permit Issuance
* Any project and its potential impacts to State waters must meet the State's:
1) Antidegradation policy, which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving State
waters; and
3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54],
* A Section 401 Water quality Certification (WQC) is required if your
project/activity:
Requires a federal permit, license, certificate, approval, registration, or
Statutory exemption; and NOV a �o'�
- May result in a discharge into State waters. The term"discharge" is
Planning Dept.
t. 1 1,-U 8 5 5 5
p
Exhibit 10
William P.Kenoi ;;Vi=i'',;-:..; • Duane Kanuha
r,.
Mayor .! .. ^ �' Director
AN-
= - Joaquin Gamiao-Kunkel
• �: . Deputy Director
West Hawaii Office East Hawai`i Office
74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
October 18, 2016
Thomas L. H. Yeh, Esq.
Law Offices of Yeh&Moore
85 W. Lanikaula Street
Hilo, HI 9672 199
Dear Mr. eh:�C
Change of Zone Ordinance No. 12-111 (REZ 840)
Applicant: Graphic Images Hawaii,Inc.
Subject: Request for Interpretation of Condition Q Related to Assisted Living Facilities
Tax Man Keys: (3)2-2-044:003, 031,032,035 and 037
Thank you for your letter dated September 22, 2016 requesting a determination of whether
Condition Q of Ordinance No. 12-111, related to fair share contributions to mitigate regional
impacts, would apply to a proposed assisted living facility.
The Fair Share Program was created by the County Council and is administered by the Planning
Department to mitigate the impacts of residential developments on regional public facilities
(emphasis added). In your letter you explain that there is a difference between dwellings (single-
family and multi-family) and an assisted living facility, since the Zoning Code lists these as
separate permitted uses in the CN zoning district. The Zoning Code lists other uses where people
dwell on a temporary basis, such as bed and breakfast establishments, as a separate permitted use
in the CN district. The Merriam Webster dictionary defines dwelling as"a shelter in which
people live". Thus, assisted living facilities (emphasis added) are a form of dwelling,with the
additional benefit of providing services such as meals and health care.
Additionally, the Department's past practice has been to require fair share contributions for
assisted living facilities around the island when required by a rezone ordinance. The County
Council has historically provided relief from the road and park fair share contributions for
assisted living facilities since they often provide these services to their residents and therefore,
reduce the impacts to regional roadways and parks. To receive this relief from the County
www.cohplanningdept.com Hawai'i County is an Equal Opportunity Provider and Employer planninelaihawaiicounty.gov
OCT 1
Planning Dept.
8 2016
_----
Thomas L. H. Yeh, Esq.
Law Offices of Yeh&Moore
Page 2
October 18, 2016
Council for the proposed project, you would need to apply for an amendment to Condition Q.
Another option would be to develop the assisted living facility pursuant to Hawaii Revised
Statutes (HRS) Chapter 201H. The County Council has historically exempted ALF's from
providing fair share contributions through resolution adopted pursuant to HRS 201H-38.
If you have any questions,please feel free to contact Maija Jackson at(808)961-8159.
Sincerely
• UANE KANUHA
Planning Director
MJJ:mad
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• September 22,2016
Duane Kanuha,Director
Planning Department
County of Hawai'i
101 Pauahi Street, Suite 3
Hilo,Hawaii 96720
Re: Request for Interpretation of Condition Q of Ordinance No. 12-111;
Tax Map Key Nos. (3)2-2-044:003,031,032, 035 and 037
Dear Mr. Kanuha:
We represent RhodesMoore,LLC,which recently submitted an application for Use Permit for
the proposed development of an assisted living facility for up to 120 beds. We are requesting your
determination as to the:applicability of Condition Q(fair share contributions)to the proposed facility.
As a background,an"assisted living facility"is defined under the Hawaii Revised Statues §321-
15.1 as follows:._ :-__ ; `. : _
"Assisted living facility".means a.combination of housing,•health care
services, and.personalized supportive services designed to respond to
individual needs,to promote choice,responsibility,independence,
privacy,dignity,and individuality. •
The purpose of an assisted living facility is stated under the Department of Health's
administrative rules as follows:
§11-90-1 Purpose.The purpose of this chapter is to establish a
new category of community based residential care setting to be named
"assisted living facility"and to establish minimum standards and
requirements for licensure to protect the health,welfare,and safety of
residents in such facilities. Assisted living facilities shall serve the
purpose.of providing a combination of housing,meal.services,health
• care services,and personalized supportive services designed to
• . respond to individual needs.The following principles are applied:
.. ;.•
(1) Aging in place;
•
• (2) Negotiated plan of care;and ' . _. •
(3) Managed risk.
107758
Planning Dept.
Exhibit. 5".
Law Offices of Yeh&Moore
A Limited Liability Law Company
Duane Kanuha,Director •
•
Planning Department
•
County of Hawai'i
•
September 22,2016
Page 2 ••
As part of the pending use permit application,Applicant proposes to construct and operate on
the subject property an Assisted Living Facility("ALF")which will offer support and assistance for
residents' daily living needs and activities,including,but not limited to:meal services,and personalized •
services designed to respond to and maintain residents' well-being,individuality,independence,and
dignity. The Project will also provide transportation assistance,social programs and managed and
shared amenities. Optional memory care will also be available for those residents who require
additional security, safety,and mental stimulation services.
Featured amenities will be supportive to both the Project's assisted living and memory care
residents,many of which will be located on the first floor,providing ease of access. A separate great
room Iiving space,dedicated to the memory care residents,will cater to their specific social needs and
will feature ample exposure to natural daylight and direct access to the adjacent memory care garden.
The secured memory care garden will promote healthy living by encouraging physical activity by way of
the continuous meandering path open to natural light and fresh air.
On-site recreational facilities will include an on site fitness center designed for the specific use of
elderly residents, as well as courtyards,gardens and walking paths to provide open space or outdoor
recreational needs of the residents:
There will be no sales of the rooms to be occupied by residents of the facility,which,as nursing
homes,therapeutic care facilities,adult residential care homes,will be licensed by the Department of
Health,
Condition Q of the Ordinance No.•12-0111 providesin pertinent part as follows:
Q. If the applicant. successors,or assigns develop residential units
or lots on the subject properties.the applicant, successors,or assigns
shall make its fair share contribution to mitigate the potential regional
impacts of the development with respect to parks and recreation,fire,
police,solid waste disposal facilities and roads. The fair share
contribution shall become due and payable prior to receipt of Final
Subdivision Approval or Final Plan Approval,whichever is applicable.
The fair share contribution shall be based on the actual number of
residential units or lots 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,
Law Offices of Yeh&Moore
A Limited Liability Law Company
Duane Kanuha,Director
Planning Department
County of Hawai'i
September 22,2016
Page 3
based on the percentage change in the Honolulu Consumer Price Index
(HCPI). The fair share contribution shall have a maximum combined
value of$7,903.35 per multiple family residential unit($12,316.47 per,
single family residential unit).The total amount shall be determined by
the actual number of units or lots 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: [Emphasis added]
Under the ordinance,the subject property is zoned Neighborhood Commercial (CN-7.5).
Under the list of permitted uses in the CN district,single family dwellings,multiple family dwellings and
double family dwellings or duplex dwellings are permitted uses under the allowed density requirements.
Group living facilities(defined as a 24 hour residential facility licensed or certified by DOH or
DHS the purpose of which is to provide housing for"therapeutic,medicinal,life skills training,or other
support systems")are permitted in the CN district as a category separate and apart from single family
dwellings and multiple family dwellings. However,a group facility for no more than 8 residents is
allowed,and a use permit is required when the facility proposes to care for more than 8 residents.
It is clear that the proposed ALF is a use that does not constitute the development of permitted
"multiple family residential units"or"single family residential units"in the context which the fair share
condition was intended to address. While the Zoning Code defines"single family dwelling unit"and
"multiple family dwelling unit",these terms do not include the type of group living facility or assisted
living facility which is being proposed,andfor which the use permit application is required,since such
use is not included in the current list of permitted dwelling uses.
Moreover,the impacts contemplated by the fair share condition are intended to cover the kind
of impacts which can be expected from a new residential development of lots or dwelling units which
can be anticipated to create added demands for government services,such as park and recreational
improvements and facilities,police,fire and road and area wide traffic infrastructure generated by
residential units.
On the other hand,the proposed ALF is intended to absorb existing traffic generated by elderly
residents who already reside in the community in a single setting. At the ALF,on site exercise and
recreational amenities will be available,which are not otherwise provided by the County for the
generalized park and recreational needs that might be expected as a result of housing developments.
While a certain level of police and fire needs will be generated,the residents will be staying within a
Law Offices of Yeh&Moore
' A Limited Liability Law Company
Duane Kanuha,Director
Planning Department
County of Hawai'i
September 22,2016
Page 4
single complex,and real property taxes generated from the development are expected to cover these
needs,as well as other ancillary County services. As the use permit application also notes,road and
intersection improvements will be provided by the Applicant in conjunction with the development,
related to localized employee and visitor traffic generation.The facility residents are not expected to
generate traffic or the need for area wide traffic improvements. As a result of the above,the fair share
fees to be applied in the residential unit context does not have a proper"nexus"to the proposed ALF
facility,and could be seen as an unauthorized tax on the ALF.
Based on the above,we respectfully request that you agree that Condition Q does not apply to
the proposed assisted living facility,and look forward to your favorable reply.
Thanks for your considered review of the above. Should you have any questions or be in need
of additional information,please let us know.
Very truly yours,
LAW OFFICES OF YEH&MOORE
By Pl .--------
THOMAS L.H. YEH
cc: RhodesMoore, LLC
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DEPARTMENT OF PUBLIC WORKS pL N NT
COUNTY OF HAWAII C ,i !i•i '` ,`;
HILO, HAWAII
DATE: November 22, 2016 •
Naitentgadealt .
TO: Duane Kanuha, Planning Director
FROM: 4VDe3epartment of Public Works, Engineering Division
SUBJECT: USE PERMIT APPLICATION (USE 16-000065)
Applicant: Rhodes Moore, LLC
Request: Allow a 120-Bed Assisted Living Facility
Tax Map Keys: 2-2-44: 032, 035, & 037
We have reviewed the subject application forwarded by your memo dated October 14,
2016 and offer the following comments for your consideration.
Portions of the subject parcels are in an area designated as Flood Zone AE on the Flood
Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA).
Flood Zone AE is the Special Flood Hazard Area inundated by the 100-year flood (1%
chance of occurring in any given year) where flood elevations have been determined.
Proposed construction shall be in compliance with the requirements of Chapter 27,
Floodplain Management, of the Hawaii County Code. We note a Conditional Letter of Map
Revision (CLOMR) has been submitted to the Federal Emergency Management Agency
(FEMA) for the subject proposed development to be known as "Hilo Senior Housing."
Improvements and access to Kahaopea Street shall comply with the latest revision of the
change of zone ordinance.
Questions may be referred to Kelly Gomes at ext. 8327.
SCANNED
Planning Dept. NOV 3 2016
Exhibit 49 10 8 7 '
County of Hawaii is an Equal Opportunity Provider and Employer
?Qs NMI 1.rn
ci
DEPARTMENT OF PUBLIC WORKS - TRAFFIC DI Sh4N .
COUNTY OF HAWAIICO \j7
PLAN REVIEW COMMENT SHEET - li
Memorandum No. 2016 - 761 Date Received: 10/14/2016
To: Maija Jackson - Planning Dept. Date Transmitted: 11/9/2016
From: Traffic Division
Subdivision/Project: TIAR for 120 Bed Assisted Living Facility
Subdivision/Project No: TMK: 2-2-044:003, 031,035 and 037
SIGNS/MARKINGS:
❑ 1. R. Mangaoang Review Date: Initial:
❑ No Review ❑ See Attached Comments ❑ Comments on Plan/Sketch
❑ Other Comments ❑ No Comments
❑ 2. C. Hatada Review Date: Initial:
❑ No Review ❑ See Attached Comments ❑ Comments on Plan/Sketch
❑ Other Comments ❑ No Comments
STREET LIGHTS/TRAFFIC SIGNALS:
❑ 3. K.Tsutsui Review Date: Initial:
❑ No Review ❑ See Attached Comments ❑ Comments on Plan/Sketch
❑ Other Comments ❑ No Comments
❑ 4. K.Higaki/M. Ignacio Review Date: Initial:
❑ No Review ❑ See Attached Comments ❑ Comments on Plan/Sketch
❑ Other Comments ❑ No Comments
Administration:
El 5. A.Takaba Review Date: 11/9/2016 Initial:
❑ No Review 0 See Attached Comments ❑ Comments on Plan/Sketch
❑ Other Comments ❑ No Comments
Channelize Hwy 11/Kahaopea St. intersection to provide separate turning lanes and through lanes as
referenced on previous plan review.
El 6. R.Thiel Review Date: 11/9/2016 Initial:
❑ No Review ❑ See Attached Comments ❑ Comments on Plan/Sketch
❑ Other Comments 0 No Comments ,� {.
Planning apt- i~ L
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• '. 49\
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
- OF HAW iP
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
October 27, 2016
TO: Mr. Duane Kanuha, Director
Planning Department
FROM: Keith K. Okamoto, Manager—Chief Engineer
SUBJECT: Amendment to Change of Zone Ordinance No. 12-111 (REZ 840) _ -
Applicant: Rhodes Moore, LLC (formerly Graphic Images Hawaii, Inc.);
Request: Five-Year Time Extension to Comply with Condition C
(Secure Final Subdivision Approval) and Amendment to Condition G
(Obtain FEMA Letter of Map Revision)
Tax Map Key 2-2-044:003, 031, 032, 035 and 037
We have reviewed the subject request and have the following comments and conditions.
Please be informed that there is an existing 20-inch waterline within Kanoelehua Avenue and an
existing 8-inch waterline within East Kahaopea Street both fronting the subject parcel. There is an
existing service lateral designated to Parcel 37 capable of accommodating a 1-inch meter, which is
limited to three (3) units of water, or a maximum daily usage of 1,800 gallons per day.
The Department has no objection to the amendment provided that the applicant understand and accept
the following conditions:
1. The Department requests that the applicant submit estimated maximum daily water usage
calculations for the proposed use, prepared by a professional engineer licensed in the State of
Hawai`i, for review and approval. The water usage calculations should include the total estimated
daily water usage in gallons per day and the estimated peak flow in gallons per minute (GPM),
including irrigation use.
Upon receipt of the water usage calculations above, the Department will make a determination as
to the water commitment deposit amount and prevailing facilities charge, which is subject to
change, to be paid. Based on the water demand calculations, the Department will determine the
appropriate service lateral and meter size required.
2. The proposed zoning will require the installation of a reduced pressure type backflow prevention
assembly, within five (5) feet of the meter on private property. If a larger or additional meter is
required, a backflow prevention assembly will also be required for that meter. The-.installation o
' 1 y-1,
PlanningDept. _
SWater, Our%ost cPrecious Resource . . . Na Wai A 1(ane . NOV - 1 2016
Exhibit . . . The Department of Water Supply is an Equal Opportunity provider and employer. P ,10.8 3 24
Mr. Duane Kanuha, Director
Page 2
October 27, 2016
the backflow prevention assembly(s) must be inspected and approved by the Department before
water service can be activated.
3. Subject to other agencies' requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development, the applicant shall be responsible for
the relocation and adjustment of the Department's affected water system facilities, should they be
necessary.
Please be informed that the existing 20-inch waterline within Kanoelehua Avenue fronting the project
site is adequate to provide the required 2,000 gallons per minute flow for fire protection, as per the
Department's Water System Standards.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning
Branch at 961-8070, extension 255.
Sincerely yours,
61/4(44+
Keith K. Okamoto, P.E.
Manager—Chief Engineer
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Duane Kaha 1) A
a Novembernu
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D Page2of4
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).
Examples of"discharge" include, but are not limited to, allowing the
v a 20 following pollutants to enter State waters from the surface or in-water:
solid waste, rock/sand/dirt, heat, sewage, construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes,
biological materials, industrial wastes, concrete/sealant/epoxy, and
washing/cleaning effluent.
Determine if your project/activity requires a federal permit, license, certificate,
approval, registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of
Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel:
808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 401 WQC, you must complete and submit the Section 401
WQC application. This application is available on the e-Permitting Portal website
located at: https://eha-cloud.doh.hawaii.gov/epermit/.
Please see HAR, chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 401 WQC. HAR, Chapter 11-54 is available on
the CWB website at: http://health.havvaii.$2,ov/cwb/.
• National Pollutant Discharge Elimination System (NPDES) permit coverage is
required for:
-Storm water associated with construction activities for land disturbances of
one (1) acre or more. Land disturbance includes, but is not limited to,
clearing, grading, grubbing, excavation, demolition, uprooting of vegetation,
equipment staging, and storage areas.
-Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through
(ix) and (xi).
-Storm water and certain non-storm water from a small Municipal Separate
Storm Sewer System.
-Discharges of water pollutants into State surface waters. Examples of these
discharges include, but are not limited to, cooling water, hydrotesting waters,
dewatering effluent, and process wastewater.
-Discharges from the application of pesticides (including pesticides,
herbicides, fungicides, rodenticides, and various other substances to control
pest)to State waters.
An application for an NPDES individual permit must be submitted at least 180
calendar days before the commencement of the discharge or start of construction
Duane Kanuha
November 14, 2016
Page 3 of 4
activities. To request and NPDES individual permit, you must complete and
submit the NPDES individual permit application. This application is available on
the e-Permitting Portal website located at:
https://eha-cloud.doh.hawaii.gov/epermit/.
A Notice of Intent (NOI) for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of construction activities. To request NPDES general permit
coverage, you must complete and submit the NOI. The NOI is available on the
e-Permitting Portal website located at:
haps://eha-cloud.doh.hawaii.gov,/epermit/.
Please see HAR, Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55
and HAR, Chapter 11-55, Appendices B through M are available on the CWB
website at: http://health.hawaii.gov/cwb/.
• According to State law, all discharges related to the project construction or
operation activities, whether or not NPDES permit coverage and/or Section 401
WQC are required, must comply with the State's Water Quality Standards.
Monitoring
• Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 401 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
• Noncompliance with water quality requirements contained in HAR, Chapter 11-54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of$25,000 per day per violation.
• Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative,
civil and criminal penalties for such violations.
Polluted Runoff Control
• Manage projects identified in watershed-based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and funding
opportunities, please visit: www.hawaii.gov/doh/pollutedrunoffcontrol.
Duane Kanuha
November 14, 2016
Page 4 of 4
If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering
Section, CWB, at (808) 586-4309.
The proposed food establishment needs to meet the requirements of Chapter 50, Food Safety
Code. Please call our office (Ph. 933-0917) for consultation and additional information.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at 933-
0917.
Lands formerly used for sugarcane production are now being developed into communities where
residential homes, schools and commercial businesses are being constructed. Chemicals
associated with the sugarcane industry persist in soil today and may be a threat to public health
and the environment. Elevated arsenic levels were discovered in soil at former sugarcane
production areas on the islands. The HEER Office has identified former sugarcane production
areas for assessment throughout the state and plans to work with property owners to conduct
environmental assessments to identify and address elevated soil arsenic levels prior to finalizing
development plans for the properties.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.zov/health/environmental/envplanning/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
REZ 480.eh
•
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DAVID Y.IGE %�E.�^ ..���- NI!I!I n ^� Q SUZANNE D.CASE
GOVERNOR OF HAWAII 1I.�P'p 19�5�9. '•.t9 �'J CHAIRPERSON
') �1,F' HOARD OF LAND AND NATURAL RESOURCES
• _ COMMISSION ON WATER RESOURCE
ii - 1 MANAGEMENT
`and and ,rat s 1�I� r!':� { f1 IT
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STATE OF HAWAII
State°THa+fdtt DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOI TIT,TI.HAWAII 96R09
November 10, 2016
County of Hawaii
Planning Department
Attention: Ms. Maija Jackson via email: mjackson(a,co.hawaii.hi.us
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Ms. Jackson:
SUBJECT: Amendment to Change of Zone Ordinance No. 12-111 (REZ 840); Request:
Five-Year Time Extension to Comply with Condition C (Secure Final
Subdivision Approval) and Amendment to Condition G (Obtain FEMA letter
of Map Revision)
Thank you for the opportunity to review and comment on the subject matter. The
Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a
copy of your report pertaining to the subject matter to DLNR Divisions for their review and
comments.
At this time, enclosed are comments from the (a) Engineering Division and (b) Land
Division—Hawaii District on the subject matter. Should you have any questions, please feel free to
call Lydia Morikawa at 587-0410. Thank you.
Sincerely,
Russell Y. Tsuji
Land Administrator
Enclosure(s)
cc: Central Files
Planning Dept.
Exhibit___L____ 10 8 4 7 9
•
•
DAVID Y.IGE ; 'I ........... ty v SUZANNE D.CASE
.••'• 9 9
GOVERNOR OF HAWAII .t i n_1_ •••.9., CHAIRPERSON
%{_.-`�'` •: BOARD OF LAND AND NATURAL RESOURCES
I `T COMMISSION ON WATER RESOURCE
I : ,s1,1-* r�� , MANAGEMENT
f`and and Net 1,1 r1 Il��tlr o;
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trite6j
STATE OF HAWAII
state vfHas0` DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOTJT[.TJ.HAWATT 96R09
CCi
October 18, 2016
nc
MEMORANDUM 2
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TO: DLNR Agencies: r�
_Div. of Aquatic Resources -� _
_Div. of Boating& Ocean Recreation __,' "� r
ti V
R*— X Bhgineering Division y�-' (-)-r
Div. of Forestry&Wildlife `; rrl
_Div. of State Parks
_Commission on Water Resource Management Fw C
_Office of Conservation& Coastal Lands
X Land Division-Hawaii District
X Historic Preservation
uss Y. Tsuji, L dministrator
SUBJECT: Amendment to Change of Zone Ordinance No. 12-111 (REZ 840); Request:
Five-Year Time Extension to Comply with Condition C (Secure Final
Subdivision Approval) and Amendment to Condition G (Obtain FEMA letter of
Map Revision)
LOCATION: Waiakea, S. Hilo, Island of Hawaii; TMK: (3) 2-2-044: 003, 031, 032, 035 &
037
APPLICANT: RhodesMoore, LLC
Transmitted for your review and comment is information on the above-referenced
amendment. We would appreciate your comments on this amendment. Please submit any
comments by November 8, 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.
Attachments
( ) We have no objections.
( ) We have no comments.
( X) Comments are attached.
Signed: L- //:
Ca
Ca S. h: • hief Engineer
Print Name:
Date: C' �+
cc: Central Files
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
To: Russell Y.Tsuji,Land Administrator
Land Division
Ref: Amendment to Change of Zone Ordinance No. 12-111 (REZ 840); Request: Five-
Year Time Extension to Comply with Condition C (Secure Final Subdivision
Approval) and Amendment to Condition G (Obtain FEMA letter of Map Revision)
COMMENTS
The rules and regulations of the National Flood Insurance Program (NFIP),Title 44 of the Code
of Federal Regulations(44CFR), are in effect when development falls within a designated Flood
Hazard.
The owner or the project property and/or their representative is responsible to research the Flood
Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the
Flood Insurance Rate Map(FIRM), which can be accessed through the Flood Hazard Assessment
Tool (FHAT)(http://gis.hawaiinfip.org/FHAT).
National Flood Insurance Program establishes the rules and regulations of the NFIP-Title 44 of
the Code of Federal Regulations(44CFR).The NFIP Zone X is a designation where there is no
perceived flood impact. Therefore, the NFIP does not regulate any development within a Zone X
designation.
Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local
community flood ordinances may take precedence over the NFIP standards as local designations
prove to be more restrictive. If there are questions regarding the local flood ordinances, please
contact the applicable County NFIP Coordinators below:
o Oahu: City and County of Honolulu, Department of Planning and Permitting
(808)768-8098.
o Hawaii Island: County of Hawaii, Department of Public Works(808) 961-8327.
o Maui/Molokai/Lanai County of Maui, Department of Planning(808)270-7253.
o Kauai: County of Kauai, Department of Public Works(808)241-4846.
6/ v
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Signed: 71; j
CART)'/A. CH N ,CHIEF ENGINEER
Date: i ('/ 2-
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6 O F
DAVID Y.IGE • A ••N...........I- SUZANNE D.CASE
"• 959. CHAIRPERSON
GOVERNOR OF HAWAII /A,1::"a., p , .
+�% \� ��- „• BOARD OF Li .AND NATURAL RESOURCES
f ;¢ �yy-� COMMISSION ON WATER RESOURCE
p-,;'.-si.!• MANAGEMENT
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1f-----=1,k----- STATE OF HAWAII F ;V c J
Sta te of tix40 DEPARTMENT OF LAND AND NATURAL RESOURCES L A i j 0:V,S;O N
LAND DIVISION t ;L,O. HAWAII
POST OFFICE BOX 621
HONOT.TTT.TT.HAWATT 96809
ra
October 18, 2016 ;___; y� r-
,.,--v ` ' Jul
MEMORANDUM p=_ ` —' �r'
c-; r,-,
. CJ, Orn
TO: DLNR Agencies: --- , <
Div. of Aquatic Resources cf.)_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—Hawaii District
X Historic Preservation
FROM: uss Y. Tsuji, L dministrator
SUBJECT: Amendment to Change of Zone Ordinance No. 12-111 (REZ 840); Request:
Five-Year Time Extension to Comply with Condition C (Secure Final
Subdivision Approval) and Amendment to Condition G (Obtain FEMA letter of
Map Revision)
LOCATION: Waiakea, S. Hilo, Island of Hawaii; TMK: (3) 2-2-044: 003, 031, 032, 035 &
037
APPLICANT: RhodesMoore, LLC
Transmitted for your review and comment is information on the above-referenced
amendment. We would appreciate your comments on this amendment. Please submit any
comments by November 8,2016.
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.
Attachments
( )/ We have no objections.
( ,/) We have no comments.
( ) Comments are attached.
Signed: -- : !2/1 ----
Print Name: 6 Y oXiC. /4i/
Date: /o/u /!
cc: Central Files /
Law Offices of Yeh &Moore THOMAS L H YEH
A Limited Liability Law Company dy@yehandmoore corn
MICHAEL W MOORE
mmoore®yehandmoore corn
85 W Lanikaula Street,Hilo,Hawaii 96720-4199 Of Counsel
Telephone (808)961-0055 Fax (808)969-1531 JILL D RAZNOV
Jdramov@gmad corn
December 15,2016
Michael Yee
Planning Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo,HI 96720
Re: APPLICANT: RHODES MOORE, LLC
USE PERMIT APPLICATION(USE 16-000065)
Request: To Allow for a 120-Bed Assisted Living Facility
Tax Map Key Nos. 2-2-044:032, 35 and 37
Dear Mr. Yee:
This letter is provided in reference to the November 9,2016 comments of the Traffic
Division of the Department of Public Works,which referred to plans reviewed by the Traffic
Division with the Applicant's engineering consultant,Engineering Partners, Inc. ("EPI"),and
also addresses the October 24, 2016 comments from the Police Department related to suggested
traffic improvements at the subject intersection of Kahaopea Street and Kanoelehua Avenue.
For your files, I am enclosing a drawing of the intersection improvements discussed
between EPI and the Traffic Division, the nature of which we understand Traffic Division's
comments to have been referencing. The proposed improvements are further described below.
The intersection improvements will include roadway widening improvements on the east
or project side of Kahaopea Street. Such improvements include the installation of sidewalks,
curb and gutters, and adjusting travel lane alignment via re-striping. The lane alignments will be
adjusted to allow for a left turning lane from Kahaopea onto Kanoelehua Avenue.Turning lanes
will also be provided for east bound traffic onto Awapuhi Street. A 50' striped turning radius
will be provided for traffic turning right from Kanoelehua Avenue onto Kahaopea Street. The
existing street light on the southeast side of the intersection will have to be relocated,and the
pedestrian crossing stripes will have to be extended to the 50' turning radius. Improvements
done on the project side of Kahaopea(east side)will be the responsibility of the developer to
complete.
On the west side of Kahaopea, lanes adjustments will be required for alignment with the
lane work being one on the east side of Kahapeo. The existing through lane will be adjusted to
be a left turning lane only. The existing right turning lane,will be adjusted to be a through lane
and a right turning lane. There is an existing curb island for pedestrian crossing and street
lighting, which will be removed. The pedestrian crossing stripes will be extended to accordingly
Planning Dept.
Exhibit Z__
Law Offices of Yeh&Moore
A Limited Liability Law Company
December 15,2016
Page 2
account for the lane adjustments,and the street lighting will be adjusted also. As we understand,
Traffic Division will complete the adjustments on the west side of Kahaopea.
While we also understand that Traffic Division may request revisions when construction
drawings are submitted for approval, we wanted to provide you with this response to the
comments from Police and Fire.
Please let us know if you are in need of additional information relative to this matter.
Thank you for your consideration of the above.
Very truly yours,
LAW OFFIC ' F YEH&MOORE
By
THOMAS L.H. YEH
Encl.
cc: Traffic Division, Dept. of Public Works
Police Department
Rhodes Moore, LLC
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l117 Keawe Street,Suite 205
Hawal`1 Island • Hilo,Hawaii 96720-2851
IVO
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/1118 Mil!! Ili p(t1 .o Q Phone: (808)935-7178
*�` b Chamber of Commerce Fax: (8o8)961-4435
iti = cE E-mail:admin@hicc.biz
ER op- 1 � i; I f www.hicc.biz
November 2, 2016
Executive Officer
Miles Yoshioka
Windward Planning Commission _ •
2016-2017 Board County of Hawaii
101 Pauahi Street, Suite 3
President Hilo, Hawaii 96720
Michael Kaleikini
President-Elect Re: Application of Rhodes Moore, LLC; Use Permit Application(USE 16-000065)
William Walter To Allow for a 120-Bed Assisted Living Facility and Request For Amendment to Ordinance
No. 12-111 (REZ 840);Tax Map Key:2-2-044:031, 32,35 and 37
Vice President
Gordon Takaki Dear Chairman Henkel and Members of the Commission:
Treasurer
Nathan Colgrove On behalf of the Hawai'i Island Chamber of Commerce (the Chamber), this letter is
submitted in support of the above proposal for issuance of a use permit for the development
Immediate Past President of an assisted living facility.The Chamber's support is based on the following:
Ka'iu Kimura
• There is a need for assisted living facilities in East Hawai'i. Our demographics are
Directors such that we have a growing number of elderly residents needing such facilities.
Mauro Aguilar Providing a viable option to facilities located off island or in West Hawai'i will
Lincoln Ashida encourage residents and their ohana to remain in East Hawai'i and provide
David Bock additional elderly housing opportunities.
Russell Chin
John Cross • The proposed facility is in close proximity to shopping and service areas,which will
Jackie De Luz Watanabe benefit the facility residents.
Chuck Erskine • The proposed development will make good economic use of the property, which
Margaret Farias has been vacant for years.
Jason Fujimoto
Amy Honda • The assisted living facility will provide additional job opportunities and help sustain
Holly Ka'akimaka East Hawai'i's economy in a way that helps to alleviate a growing need.
Randy Kurohara
Rhea Lee-Moku To the extent that amendments to the current zoning ordinance are reasonably necessary
Joseph Marsh to accommodate the time frame for the proposed development time frame, the Chamber is
Stephanie Nagata also in support of such amendments.
Kimberly Pua Thank you for this opportunity to provide this letter of support.
Doug Simons
Donald Straney Sincerely,
Craig Takamine
Toby Taniguchi
Loren Tsugawa r uUY
Misti Tyrin NN
SCAED
Michael Kaleikini SCANNED
President 2016-2017
Planning Dept.
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Exhibit $3
CRhodesMooreAmendREZ.doc-1/4/1 7
RHODES MOORE, LLC (formerly GRAPHIC IMAGES HAWAII, INC. and FINANCE
HOLDINGS, LTD. and TRI-ELECTRIC, INC.)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12 111 (REZ 840)
REVISED CONDITION G, I, and P
Add language to Condition G to clarify that a Certificate of Occupancy can be issued prior to
receipt of a LOMR for any development that is not adjacent to drainage improvements. For
example, the proposed commercial development is situated away from the drainage way and
could be occupied prior to receipt of a LOMR if access to the commercial development can be
provided. New language has been added in bold print.
G. [The applicant shall obtain, if required, a Letter of Map Revision (LOMR) from
FEMA for the subject property prior to securing Final Subdivision Approval of
final plan approval, whichever occurs first.
H. Drainage improvements, if required, shall be constructed in a manner meeting
with the approval of the Department of Public Works prior to securing Final
Subdivision Approval or final plan approval for the subject property, whichever
occurs first.] If required by the Department of Public Works, the applicant shall
construct any necessary drainage improvements meeting with the approval of the
Department of Public Works and obtain a FEMA Letter of Map Revision
(LOMR) prior to the issuance of Final Subdivision Approval or a Certificate of
Occupancy for any development within the subject properties which is adjacent
to or affected by such drainage improvements. This requirement can be
satisfied by the applicant entering into an agreement with the County providing
assurance of satisfactory and timely completion of required drainage
improvements, and secured with a surety bond pursuant to the requirements of the
Hawaii County Code Chapter 23 (Subdivision). The surety bond shall not be
released by the Planning Department, in whole or in part, until a LOMR has been
approved by FEMA.
Add language to Condition I to clarify that Chapter 22 applies to County streets only, such as
Kahaopea Street, and not the State highway. New language has been added in bold print.
[J]I. Accesses to the property and all roadways within the subject property shall meet
with the requirements and approval of the Planning Director, upon consultation
with the Department of Public Works and/or the State Department of
Transportation. Access to the subject property shall be by the way of the Awapuhi
Street extension or an alternate access point as agreed upon by the Planning
Director, upon consultation with the Department of Public Works and/or State
Department of Transportation. Access to Kahaopea Street shall conform to
Chapter 22, County Streets, of the Hawaii County Code.
-2-
RRhodesMooreAinendREZ.doc 12/27/16
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
RHODES MOORE LLC (formerly GRAPHIC IMAGES HAWAII, INC. and FINANCE
HOLDINGS, LTD. and TRI-ELECTRIC, INC.)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12 111 (REZ 840)
Upon careful review of the request, the Planning Director recommends that a
favorable recommendation for the request to amend Condition C, Condition G and
Condition Q of Ordinance No. 12 111 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 on additional information presented at the public
hearing. This recommendation is based on the following findings:
The applicant requests amendments to Conditions C, G and Q of Ordinance No.
12 111, which amended Ordinance No. 99 116, which amended Ordinance No. 96 159,
which rezoned approximately 7.402 acres from the Single-Family Residential— 10,000
square feet (RS-10) district to the Neighborhood Commercial— 7,500 square feet (CN-
7.5) district. The amendments to conditions relate to a 5-year time extension to secure
final subdivision or plan approval, the timing of installing drainage improvements on the
property, and request for relief from fair share contribution provisions for an assisted
living facility. The property is located on the southeast side of the intersection of
Kanoelehua Avenue (State Highway 11) and East Kahaopea Street, Waiakea Homestead
House Lots, South Hilo, Hawai`i, TMK: 2-2-044:031, 032, 035 and 037. The applicant is
currently in contract to purchase the property from the landowner, Graphic Images
Hawai`i, Inc. In August 2016 the applicant submitted a Use Permit application to
develop a 120-bed assisted living facility in an approximately 81,404 square foot, three-
story building. The assisted living facility would be developed in two phases with 88 beds
developed in the first phase and 32 beds in the second phase, which would occur about 3-
5 years after the first phase is completed. The applicant also plans to develop about 6,800
square feet of leasable office uses and about 6,800 square feet of leasable retail space on
-1-
the portion of the property not being occupied by the assisted living facility. Access to
the property will be from a driveway from Kahaopea Street, directly across from
`Awapuhi Street. There will be no access at Kanoelehua Avenue (Highway 11). The
property will be filled to level the buildable areas, due to the topography and intermittent
flow of water that runs across the makai portion of the property.
Granting of the amendments would not be contrary to the original reasons
for granting the rezone or to the General Plan or the Zoning Code. The original
reasons for the approval of the change of zone are still applicable and the request is not
contrary to these reasons. The zoning was originally approved in 1996 to provide
additional land for commercial land uses in Hilo in close proximity to existing services.
The applicant currently plans to construct a 120-bed assisted living facility which is a
permitted use in the Neighborhood Commercial (CN) zoning district with a Use Permit.
The Housing Element of the General Plan encourages the construction of specially
designed facilities or communities for elderly persons needing institutional care and small
home care units for active elderly persons. Currently there is one assisted living facility
on the island, in Kailua Kona. The proposed assisted living facility will fulfill this need in
the community and therefore is consistent with the General Plan.
The applicant is simply seeking additional time to complete the consolidation and
re-subdivision for the subsequent development and to change the timing of constructing
drainage improvements to be done at the same time the assisted living facility is
constructed rather than prior. The Planning Department is supportive of the request for a
time extension to complete consolidation of the property, since they have been
consistently working on drainage and traffic improvement plans for the proposed
development.
A floodway runs from south to north through the eastern (makai) portion of the
property. The floodway and floodway fringe has been identified as Flood Zone AE by
FEMA, which is a Special Flood Hazard Area subject to inundation by the 100-year flood
where base flood elevations have been determined. The applicant has indicated that fill
material will need to be placed on the property in order to create level buildable areas,
-2-
which may require altering or relocating the Special Flood Hazard Area. When a
developer alters (i.e. by placing fill) or relocates a Special Flood Hazard Area so that the
base flood elevation changes, a Conditional Letter of Map Revision (CLOMR) and Letter
of Map Revision (LOMR) must be obtained through DPW from FEMA. Generally, the
first step in the CLOMR/LOMR process is for the developer to submit flood engineering
data and maps to FEMA indicating the location and extent of alteration/relocation of the
Special Flood Hazard Area and how the base flood elevation will be affected. If FEMA
agrees with the data and maps, a CLOMR is issued and the developer can begin on-site
work within the Special Flood Hazard Area, such as placing fill material. Upon
completion of the on-site work, the developer submits updated flood engineering data and
maps showing how the alteration/relocation affected the base flood elevation. If FEMA
agrees with this data and maps, a LOMR is issued which effectively revises the FEMA
Flood Insurance Rate Map (FIRM).
The applicant requests to amend Condition G to secure a CLOMR from FEMA
prior to final subdivision approval rather than a LOMR. The applicant will need to secure
Final Subdivision Approval from the Planning Department to consolidate the property
prior to constructing the proposed development so that the facility does not straddle
current property lines. The Planning Department agrees that both the assisted living
facility and drainage improvements could be completed at the same time for the sake of
better site design, cost reduction and efficiency. However, the Planning Department
believes it would be prudent to have assurance that the drainage improvements will be
completed and the LOMR is secured from FEMA prior to occupancy of the facility.
Therefore, the Director recommends that Condition G be amended to allow the applicant
to secure Final Subdivision Approval by providing a surety bond for the drainage
improvements. This would allow the parcel consolidation to be finalized so the applicant
can proceed with construction of both the facility and drainage improvements, while still
assuring that the facility will not be occupied until the LOMR, which approves the
drainage improvements, has been secured from FEMA.
-3-
Since approval of the zoning in 1996, the County Council adopted concurrency
requirements for water, roads and civil defense sirens. The Department of Water Supply
has indicated that County water can be provided to the property for land uses permitted in
the Neighborhood Commercial zoning district, although the applicant may need to install
additional improvements such as additional or larger water meters. Additionally, the 20-
inch waterline within Kanoelehua Avenue is adequate to provide water to meet minimum
flow requirements for fire protection for commercial zoning.
In June 2016, AECOM Technical Services Inc. prepared a Traffic Impact
Assessment Report conducted for the current proposed development. The report, which
assessed traffic impacts of the assisted living facility and approximately 13,500 square
feet of commercial development, determined that the Kanoelehua Avenue- Kahaopea
Street intersection will operate at an acceptable level-of-service with the proposed
project. The development is expected to slightly increase traffic volumes on the East
Kahaopea Street approach to the intersection and therefore, the report recommends the
west leg of the Kanoelehua Avenue/Kahaopea Street intersection be re-striped to provide
more vehicle queueing space for the eastbound left-turn and through traffic movement.
The County Traffic Division has indicated to the Planning Department that they will
complete this re-striping improvement in the future. Additionally, the Traffic Division
has recommended and applicant has agreed to make improvements to the east leg of the
intersection approach by providing pavement widening, curb, gutter, sidewalk, and
drainage improvements and any necessary utility relocation along the properties
Kahaopea Street frontage. These Kahaopea Street frontage improvements are not
considered regional road improvements, but rather are considered local traffic
improvements that serve the proposed development and mitigate its impacts on the
adjacent road. Therefore, these improvements would not qualify for a credit against the
fair share contribution for roads.
Concurrency standards for civil defense sirens are met by a siren located nearby at
Panaewa Park which provides coverage to the subject property. Thus, the proposed
request will not unreasonably burden public agencies to provide for infrastructure and
-4-
utilities to the property.
The applicant requests a determination of whether the fair share contribution
requirements in Condition Q apply to assisted living facilities, and if so, requests relief
from the parks and roads contribution components of Condition Q. In a letter dated
October 18, 2016, the Planning Department made a determination that the fair share
contribution requirements in Condition Q apply to assisted living facilities because the
facility contains units where people dwell and the assisted living facility is a form of
dwelling, with the additional benefit of providing services such as meals and health care.
It has been the Planning Department's and County Council's practice in the past to
require fair share contributions for assisted living facilities around the island when
required by a condition of a rezone ordinance. At the same time, the County Council has
historically provided relief from the road and park fair share contributions for assisted
living facilities since they often provide these services to their residents and therefore,
reduce the impacts to regional roadways and parks. The Planning Director agrees with
this approach since the applicant has indicated transportation to nearby services, and
appointments will be provided for their residents as well as on-site recreation
opportunities for residents. However, the Director is not supportive of providing relief for
fire, police and solid waste disposal facilities since the applicant has not demonstrated
that the need for these services will be reduced by the development.
Based upon the above findings, the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Condition C, Condition G and
Condition Q of Ordinance No. 12 111. The Director also recommends that existing conditions in
the ordinance be revised to reflect the current standard language for conditions of approval. The
accompanying draft bill reflects these recommendations and changes. (Material to be deleted is
bracketed and struck through; material to be added is underscored).
-5-
CRhodesMooreA nendREZ.doc-12/27/16
RHODES MOORE, LLC (formerly GRAPHIC IMAGES HAWAII, INC. and FINANCE
HOLDINGS, LTD. and TRI-ELECTRIC, INC.)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12 111 (REZ 840)
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B.
water commitment payment shall be submitted to the Department of Water Supply
in accordance with its "Water Commitment Guidelines Policy" prior to securing
Tentative Subdivision Approval.] Prior to the issuance of a water commitment by
the Department of Water Supply(DWS), the applicant(s) shall submit the
anticipated maximum daily water usage calculations as prepared by a professional
engineer licensed in the State of Hawai`i to the DWS. A water commitment
deposit shall be paid to the DWS prior to the issuance of Final Plan Approval in
accordance with Rule 5 of the Department of Water Supply's Rules and
Regulations. The applicant shall construct all water system improvements as
required by the Department of Water Supply to meet needs of the proposed
development, which may include, but not be limited to additional service
lateral(s), additional water meter(s), and reduced pressure type backflow
prevention assemblies.
C. Final Subdivision Approval of the proposed consolidation/resubdivision of the
subject property shall be secured within five (5) years from the effective date of
this amended ordinance. The subdivision plans shall delineate a 10-foot wide
road widening strip along the Kahaopea Street frontage.
D. In conjunction with the submittal of plans for subdivision review or plan approval
review, a master plan for the subject property shall be filed with the Planning
Director. Final Plan Approval for the subject property and related improvements
shall also be secured from the Planning Director. Plans to be submitted for final
subdivision approval or final plan approval shall also comply with the approved
master plan and all conditions of approval set forth in this ordinance. The purpose
of the master plan is to provide comprehensive principles and guidelines for the
commercial and residential development within the subject property in order to
assure that the development is compatible with the surrounding area. The master
plan shall include, but not be limited to, standards and guidelines relative to open
space, architecture building controls (appearance, siting, heights, building
materials, signs, etc.), terrain, topography, off-street parking, landscaping,
setbacks from property lines and buildings, lot coverage ratio, etc. and
enforcement procedures. A Landscaping Plan, in accordance with Planning
Department's Rule 17 shall also be submitted to include landscaping along
property boundaries, for the purpose of mitigating any potential adverse noise and
visual impacts to adjoining parcels and the intersection. Multiple-family
residential structures shall be designed to be in keeping with the single family
residential character of the surrounding area.
E. If required by the Planning Director, an updated Traffic Impact Analysis Report
shall be submitted for review and approval by the Department of Public Works
and the Department of Transportation (DOT)prior to the submittal of plans for
subdivision review. Prior to the issuance of the certificate of occupancy for any
portion of the subject property, the applicant shall be responsible for constructing
and/or paying for its pro rata share of intersection improvements at the
intersection of Kanoelehua Avenue and Kahaopea Street subject to the traffic
mitigation measures required by the Traffic Impact Analysis Report for the subject
property meeting with the approval of the Department of Public Works and
Department of Transportation, should the proposed intersection improvements not
be commenced by the DOT.
F. A Solid Waste Management Plan for the subject property shall be submitted to the
Department of Environmental Management for review and approval prior to Final
Plan Approval.
-2-
G. [The applicant shall obtain, if required, a Letter of Map Revision(LOMR) from
FEMA for the subject property prior to securing Final Subdivision Approval of
final plan approval, whichever occurs first.
.. _.
with the approval of the Department of Public Works prior to securing Final
Subdivision Approval or final plan approval for the subject property, whichever
occurs first.] If required by the Department of Public Works, the applicant shall
construct any necessary drainage improvements meeting with the approval of the
Department of Public Works and obtain a FEMA Letter of Map Revision
(LOMR) prior to the issuance of Final Subdivision Approval or a Certificate of
Occupancy for any development within the subject properties. This requirement
can be satisfied by the applicant entering into an agreement with the County
providing assurance of satisfactory and timely completion of required drainage
improvements, and secured with a surety bond pursuant to the requirements of the
Hawaii County Code Chapter 23 (Subdivision). The surety bond shall not be
released by the Planning Department, in whole or in part, until a LOMR has been
approved by FEMA.
[L]H. Prior to securing final subdivision approval or the issuance of certificate of
occupancy for the subject property, [which ever] whichever occurs first, the south
side of Kahaopea Street shall be improved and widened with the construction of
curb, gutter and sidewalk improvements (with pavement widening and transitions)
fronting the subject property between Kanoelehua Avenue and the access road to
the subject property meeting with the approval of the Department of Public Works
and shall be dedicated to the County upon its request. The applicant shall be
responsible for any utility relocation and the design, purchase, and installation of
streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works. For the area fronting the subject property between
the access road and the eastern boundary, these or other improvements may be
-3-
required by the Department of Public Works provided that no major drainage
structures, such as a bridge or culvert, are required by such improvements.
[J]I. Accesses to the property and all roadways within the subject property shall meet
with the requirements and approval of the Planning Director, upon consultation
with the Department of Public Works and/or the State Department of
Transportation. Access to the subject property shall be by the way of the Awapuhi
Street extension or an alternate access point as agreed upon by the Planning
Director, upon consultation with the Department of Public Works and/or State
Department of Transportation. Access shall conform to Chapter 22, County
Streets, of the Hawai`i County Code.
[I ]J. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
[L]K. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
[MIL. Comply with Chapter 11-55,Water Pollution Control,Hawai`i Administrative Rules,
Department of Health, which requires a NPDES permit for certain construction
activity.
[14-dM.All earthwork activity,including grubbing and grading,shall conform to Chapter 10,
Erosion and Sedimentation Control of the Hawai`i County Code.
[07]N. Construction activities must comply with the provisions of Hawai`i Administrative
Rules, Chapter 11-46, "Community Noise Control."
[ ]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 DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
[Q:]P. If the applicant,successors,or assigns develop residential units or lots on the subject
properties,the applicant, successors, or assigns shall make its fair share contribution
-4-
to mitigate the potential regional impacts of the development with respect to parks
and recreation, fire, police, solid waste disposal facilities and roads. The fair share
contribution shall become due and payable prior to receipt of Final Subdivision
Approval or Final Plan Approval, whichever is applicable. The fair share
contribution shall be based on the actual number of residential units or lots
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
[$7,903.35] $8,754.58 per multiple family residential unit([$12,316.47] $13,672.20
per single family residential unit). The total amount shall be determined by the actual
number of units or lots 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. [$3,8ys 8988�59] $4,318.39 per multiple family residential unit([$5,939.22]
$6,608.08 per single family residential unit) to the County to support
park and recreational improvements and facilities;
2. [$123.21] $136.48 per multiple family residential unit ([ 1]
$317.37 per single family residential unit) to the County to support
police facilities;
3. [$379.01] $419.84 per multiple family residential unit ([ 9]
$626.84 per single family residential unit) to the County to support fire
facilities;
4. [$168.93] $187.12 per multiple family residential unit ([$247.75]
$274.44 per single family residential unit) to the County to support
solid waste facilities; and
-5-
5. [$3,333.69] $3,692.75 per multiple family residential unit ([$5,277.10]
$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, successors or assigns
may contribute land and/or construct improvements/facilities related to parks and
recreation, fire, police, solid waste disposal facilities and roads within the region
impacted by the proposed development, subject to the review and
recommendation of the Planning Director, upon consultation with the appropriate
agencies and approval of the County Council. The cost of providing and
constructing the improvements required in Condition E, I and J shall be credited
against the sum specified in Condition Q(5) for road and traffic improvements. If
an assisted living facility is constructed, there will be minimal impact on road and
park improvements when compared with single-family or multiple-family homes
that could be constructed under the current CN-7.5 zoning district. In recognition
of this and the public interest in providing assisted living facilities, the fair share
contribution for roads and parks shall not apply, and the remaining fair share
contributions shall be imposed.
[R]Q. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
[S-]R. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawai`i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval or Final Plan
Approval, whichever is applicable.
[T ] .S. The applicant, successors or assigns shall comply with all applicable County,
State and Federal laws, rules, regulations and requirements.
-6-
[i-:]T. If the applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for appropriate
action. Further, should any of the conditions not be met or substantially complied
with in a timely fashion, the Director may initiate rezoning of the area to its
original or more appropriate designation.
-7-
..--.;- --..-'*7.44:157;,,';
tY,a!N4�....
COUNTY OF HAWAII : ..,k.. / • STATE OF HAWAII
..*.T.";:-01/:
BILL NO.
ORDINANCE NO. ( P t.hHbef-I-)
AN ORDINANCE AMENDING ORDINANCE NO. 12 111 WHICH AMENDED
ORDINANCE NO. 99 116 WHICH AMENDED ORDINANCE NO. 96 159 WHICH
AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED) (formerly referred to as Section 25-114, City of Hilo Zone Map, Article 3, Chapter
25, Zoning Code), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE
FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD
COMMERCIAL—7,500 SQUARE FEET (CN-7.5) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY: 2-2-044:003, 031, 032, 035, AND 037.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 12 111 is amended as follow:
"SECTION 2. The following amendments to Ordinance No. [99-1 } 12 111 shall apply
only to Tax Map Key Nos. 2-2-044:031, 032, 035 and 037. In accordance with Section 25-2-44,
Hawai`i County Code 1983 (2016 Edition, as amended) the County Council finds the following
conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
-1-
SEE ATTACHED CONDITIONS
SECTION 3. Material to be deleted is bracketed and struck through and material to be
added is underscored.
SECTION 4. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 5. 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-
Comm. 669/Bill 229
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AMENDMENT TO TIE ZONING CODE
AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-7.5) AT
WAIAKEA, SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 2-2-44: 3,31,32,35 and 37 OCTOBER 151996
EXHIBIT "A" FOR REFEREN E IN ' (TRI-ELECTRIC)
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WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
HEARING TRANSCRIPT
JANUARY 5, 2017
A regularly advertised hearing on the application of RHODES MOORE, LLC (Amend
REZ 840) was called to order at 9:01 a.m. in the County of Hawai`i Aupuni Center Conference
Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Gregory Henkel presiding.
COMMISSIONERS PRESENT: Joseph Clarkson, Donn Dela Cruz, Gregory Henkel, Donald
Ikeda, and Myles Miyasato.
ABSENT & EXCUSED: Raylene Moses.
ALSO PRESENT: Daryn Arai (Deputy Planning Director), Malia Ho (Deputy Corporation
Counsel for the Windward Planning Commission), Kelly Gomes (representing the Department of
Public Works, from 9:37 a.m.), Jeff Darrow (Staff Planner), Maija Jackson(Staff Planner),
Christian Kay(Staff Planner), and Sarah Hata-Finley(Commission Secretary).
And 14 members from the public in attendance.
APPLICANT: RHODES MOORE, LLC (formerly GRAPHIC IMAGES HAWAII, INC.,
FINANCE HOLDINGS, LTD. and TRI-ELECTRIC, INC.) (Amend REZ 840)
Request to amend Condition C (Final Subdivision Approval), Condition G (Secure Letter of Map
Revision from FEMA), and Condition Q (Fair Share Contribution) of Ordinance No. 12-111,
which amended Ordinance No. 99 116, which amended Ordinance No. 96 159, which rezoned
approximately 7.402 acres from the Single-Family Residential– 10,000 square feet (RS-10)
district to the Neighborhood Commercial–7,500 square feet (CN-7.5) district. The amendments
to conditions relate to a 5-year time extension to secure final subdivision or plan approval, the
timing of installing drainage improvements on the property, and request for relief from fair share
contribution provisions for an assisted living facility. The property is located on the southeast
side of the intersection of Kanoelehua Avenue (State Highway 11) and East Kahaopea Street,
Waiakea Homestead House Lots, South Hilo, Hawai`i, TMK: 2-2-044:031, 032, 035 and 037.
HENKEL: We'll move on to the first agenda item which is Rhodes Moore, LLC, formerly
Graphic Images Hawaii. It's amendment REZ 840. Will the Applicant—or, no, I'm sorry, first
we'll have Maija do the presentation.
JACKSON: Thank you, Mr. Chair. Good morning, everyone.
DELA CRUZ: Morning.
HO: Good morning.
1
JACKSON: So, the first item on the agenda is a request to amend Change of Zone Ordinance
No. 12-111 for Rhodes Moore, LLC. The subject property is located in the South Hilo District.
It's shown here with a black outline. You have running in a north-south direction Highway 11,
Kanoelehua Avenue, and then running in an east-west direction towards the top of the slide is
Kahaopea Street.
So, the subject property is located just south of Kahaopea and just east of the highway. It
actually consists of four properties, and you can kind of see there's one here, two, three, and
four. They're currently zoned Neighborhood Commercial—7,500 square feet which is shown on
the map in a light pink. Opposite the intersection north, northwest direction, you have the
Baskin-Robbins, Subway, O'Reilly's, and the McDonald's in that area, and that's shown in the
darker pink. That's also zoned Neighborhood Commercial. And, then, most of the surrounding
properties are zoned Single-Family Residential. The Hilo Lani Subdivision is located just east of
the property. That's shown here. And, then, some older subdivisions and the Pana'ewa Park is
located to the north across Kahaopea Street.
The General Plan designation for the property is Low Density Urban which is shown in the
mustard color. Again, the Puainako Center where Baskin-Robbins and Subway are located is
High Density Urban which is shown in the red color. And, the Low Density Urban allows for
residential uses up to a maximum density of six units per acre. It also allows for some
community and public uses as well as Neighborhood Commercial and convenience uses.
This is an aerial view of the property. Generally, the property is located in this area here. This is
an old image from 2014. Some trees have been removed along the highway since then, but you
can see the Hilo Lani Subdivision to the east, and then the Puainako Center northwest of the
intersection.
There is a floodway that runs through the property, and if you follow the red dot, it generally
runs north and south through the property in this location here, and it comes out across Kahaopea
in this area.
DOI (from audience): It comes down, too, from the back.
JACKSON: Yeah, it also, it flows in this direction as well.
DOI (from audience): Kawailani, too. Yeah, all the way from Kawailani the water flow.
JACKSON: This is the Applicant's site plan. So, on the left side of the slide, you have
Kahaopea Street. On the bottom of the slide is the highway.
The access to the property is proposed to be across from Awapuhi Street. This is the access
driveway here. The Applicant, I believe, is proposing a 30-foot wide driveway. There's some
parking in the front area, and then you drive in. You can see they're proposing an assisted living
facility that's located over here on the south end of the property. And, then, they are also
proposing some commercial businesses and office space closer to the intersection shown in this
2
area. You can see there's a loop driveway that they're proposing, and then some parking over
near the commercial area.
The Applicant's current request is to amend Condition C of the ordinance to request a five-year
time extension to secure final subdivision approval. Because there are—let me back up a little—
because there are four lots in the rezone area, they're proposing to consolidate the lots and then
resubdivide it to align with their future development plans.
They are also requesting to amend Condition G to change the timing of installing the drainage
improvements in order to allow the Applicant to subdivide the property and receive Plan
Approval and then construct the required drainage improvements in conjunction with the
development of the assisted living facility. The way that the condition currently reads, it requires
that they install and get final FEMA approval for the drainage improvements before they can
subdivide the property.
And, their last request, they had asked the Planning Department for determination of whether the
fair share contribution requirements of Condition Q would apply to an assisted living facility
because they feel that it's not a traditional dwelling type structure. They are also asking that if, if
those requirements do apply in Condition Q, they would like relief from the parks and roads
contribution components because they are, they believe that their facility will provide
transportation and recreational amenities on site, so the impact to the public parks and roads
wouldn't be as significant.
This is a view of Kahaopea Street looking west towards the highway. This is Awapuhi Street on
the right-hand side, and so the proposed driveway would be located directly across from that in
this area here.
This is a view of Kahaopea Street looking east. The property is on the right here. The proposed
driveway would generally be located in this location here at the bottom of the hill. You can see
there's quite a steep grade. There is an existing driveway off to the right in this location here.
And, this is just a view looking onto the property. It's very heavily vegetated.
This is—this is another view. This is the highway on the right side of the slide. You can see the
existing driveway is located very close to the intersection. And, this is a view of the property
standing at the existing driveway looking towards the east towards the drainage way.
And, this is a view of the property. The property is in the background here. This is Kahaopea
Street here, and then you can see the highway in the background as well. This is standing over
near the Puainako Shopping Center sidewalk looking towards the property so, you can see the
intersection.
The Planning Director is recommending a favorable recommendation be forwarded to the
Council for all of the requests to amend Conditions C, G, and Q. We also provided to you this
morning a yellow piece of paper with some revised conditions, and those are related to Condition
G and Condition I, and it's just to clarify a few points of those conditions.
3
And, lastly, the Applicant submitted, shortly after you got your Background and
Recommendation Reports, the Applicant submitted an updated diagram of their proposed
transportation improvements along Kahaopea Street.
And, before I conclude the presentation, the next item on the agenda is a request for a Use Permit
on the same property for the assisted living facility. I was going to wait to go into the
transportation improvements in the next presentation, but if the Commission would like to see a
diagram of those improvements and have me explain those now, I can do that now. It's up to
you. Yes?
HENKEL: That's fine.
JACKSON: Okay. Let me go forward then. Okay, the Applicant did a traffic study for the
assisted living facility and their proposed commercial development, and the traffic study
recommended that the west leg of this intersection—this is Kahaopea Street and then the
highway running north-south. And, this would be Baskin-Robbins, Subway and then the subject
property would be in the bottom east corner here. So, the traffic study recommended that this
storage lane here on the west leg of Kahaopea Street be extended, and so I believe the
Department of Public Works, Traffic Division, has agreed to work with DOT to extend that left-
turn pocket I believe about 25 feet to add more storage. So, you can see they're actually going to
change the lane configuration and add additional storage. Right now, there is a through-lane and
a left-turn lane, and then a separate right-turn lane, and they're going to change it to a dedicated
left-turn lane and a combined through, right-turn lane.
So, in addition to that, the Applicant is also going to improve their frontage along Kahaopea
Street so this is along the east leg of the intersection. You have the highway here. Kahaopea
Street. This is the subject property here. Currently, it's a narrow two-lane road. It's also steep.
The Applicant, as I mentioned before, is proposing a driveway off of, directly across from
Awapuhi Street, and then they are going to be providing ten feet of road widening along their
frontage with curb, gutter, sidewalk drainage improvements. And, so you can see that will
change the lane configuration a little bit. Now, there will be not as sharp of a turn here. It's a
pretty sharp turn right now going onto Kahaopea Street, so this radius will be improved, and then
you'll have a through lane in the eastbound direction. You'll also have turn pockets into
Awapuhi Street and then into the project driveway in this location here. And, then the road will
be widened so that there will be a dedicated left-turn lane onto the highway, and a combined
through and right-turn lane onto the highway.
So, with that, that concludes my presentation. Thank you.
HENKEL: Thank you, Maija. Are there any questions from the Commissioners for staff? I
have one question. Maija, is there—there's not going to be a right turn out, right turn in situation
there, right—
JACKSON: —No, that's a full—
HENKEL: —coming from the subject property-
4
JACKSON: —access driveway.
HENKEL: Okay. Thank you. Will the Applicant and/or their representative, please come
forward? Good morning.
YEH: Good morning.
HENKEL: Will you raise your right hand? Do you swear or affirm to tell the truth on this
matter before the Planning Commission?
YEH: Ido.
DEWALD: Ido.
HENKEL: Okay, please proceed. Use the microphones, and state your name and where you
reside.
YEH: Thank you. Thank you, Mr. Chairman and members of the Planning Commission. My
name is Tom Yeh, representative of the Applicant, and here with me today is John DeWald who
is a principal of the Applicant Rhodes Moore, LLC.
I wanted to thank staff for the great Background Report and Recommendation. I'm not sure
what else we have to say. I mean, the property over the years has, hasn't been developed
because it does have challenges, you know, involving both traffic and drainage issues, but I think
from a perspective of, you know, creating a great economic use for the property while meeting
what we consider to be a pretty high need for assisted living facilities here in East Hawaii that
will give residents an opportunity to stay here as opposed to go to other places like Honolulu or
even Kona side, the Applicant is also in conjunction with its engineering representative who's
also here, Yen Wen Fang, come up with a pretty good plan for dealing with both with drainage
improvements, accommodating those issues as well as the traffic issues that are generated by the
project. So, I think with the road widening, the restriping, the addition of turn lanes, we're gonna
have a pretty good, sustainable project. There's another component that was shown on the map
which is also a commercial segment which is also why we felt, you know, that one of the revised
conditions that was presented to you, does allow that to also be subdivided out and not be tied
necessarily with the assisted living facility.
But, with that, we're open to questions or comments or anything of that nature.
HENKEL: Mr. Yeh, did you get the Planning Director's Background Report and
Recommendation?
YEH: We did. We did. As well as the revised conditions, and we're in agreement with them.
HENKEL: Okay, thank you.
5
YEH: Thank you.
HENKEL: Commissioners, any questions for the Applicant? Thanks, you may be seated.
YEH: Thank you.
JACKSON: Excuse me, Mr. Chair, before you take public testimony, I forgot to mention there
are a few corrections needed to the Background Report. I'd just like to point those out and see if
the Commission would be agreeable to the Department making those corrections. On Page 7 of
the Background Report, under"Access," it says the driveway—this is the existing driveway that
I showed you in the photos. The driveway is located in a road easement that provides access to
Parcel 30. That statement actually is incorrect. The driveway is located, the existing driveway is
located just east of the existing easement. The easement is located along, it runs along the
highway where all of the tall trees are located. So, I'd just like to make that correction on the
record.
And, then, one other is on Page 2 also related to access is the fourth line down. It says there will
be no access at Kanoelehua Avenue, Highway 11. The primary access will not be on the
highway. It will be off of Kanoe—Kahaopea. But, the Applicant is, has been trying to see if
Department of Transportation would allow like an emergency type access in case their primary
access is blocked or it can't be used for some reason. So, I'd like to correct that on the record,
too.
HENKEL: Thank you. Commissioners, any questions?
CLARKSON: Yes, I have a question. Is that Road Easement A, is that the access for the
residents that appears in the aerial photo?
JACKSON: Yes.
CLARKSON: Okay, thank you.
HENKEL: We have two individuals signed up to testify for public testimony. Steph Salazar and
Russell Doi, please come forward. Would you please raise your right hand? Do you affirm,
swear or affirm to tell the truth in this matter now before the Planning Commission?
SALAZAR: Yes.
DOI: Yeah.
HENKEL: Thank you. Steph, you can go first. Please introduce yourself. Speak into the
microphone. You've got three minutes. Christian Kay over here has the sign. He'll notify you
when your time is up so.
SALAZAR: Thank you.
6
HENKEL: Thank you.
SALAZAR: I'm a neighbor. I've lived on that property that you referred to that has a 20-foot
wide easement. My personal concerns are that I maintain my easement. I do not want to move
my easement. I'm concerned about—that's also my water easement because I believe the water
main is there. So, my water meter is there also.
I'm concerned about runoff from the heavy rains, disruption to my personal access along that
easement—
MIYASATO: —Excuse me. Sorry to interrupt, yeah, but Chair do we need to swear them in
as—
HO: They were sworn in.
HENKEL: We swore them.
SALAZAR: Yeah, we rose our hand.
MIYASATO: Could I have your name,please?
SALAZAR: Stephanie Salazar.
MIYASATO: Stephanie. Okay, thank you.
SALAZAR: I'm concerned about having a massive three-story development that I think, think
doesn't suit the neighborhood, and the Planning Department notes that there is a density above
the General Plan recommendation, and they base that overage based on a 6-acre parcel which I
asked Maija how do they calculate that on six acres when most of that is in the flood zone. So, it
doesn't seem that, that makes sense that you would calculate density using the flood zone area
and then say that you're going over that density.
I've spoken to a few members of the community, and one woman said she didn't feel it was a
good location. Concerned about traffic. Crossing the highway is very dangerous. I feel it
doesn't fit the area. We've had a recent fireworks, and I can't imagine old folks living there.
This facility will not be like Hale Anuenue or Life Care that have, I think, have easier access via
ambulance to the highway. It—I spoke to John before, the developer, and he said it is a private
pay. They won't take Medicare. So, it's kind of like, to me, more like a rich man's old folks'
home.
And, as far as getting rid of the Q fair share for parks and roads, this is not like Kamana where
we have a lot of elderly people going for exercise classes, so I don't think they should be
relieved from providing any fair share especially for recreation which is very important for
elderly in our community.
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I thought the County way back planned to extend Awapuhi to connect back to the Old Ruthie
Subdivision all the way toward Kawailani Street, and I don't know why Kahaopea Street was not
improved earlier. Fresh Onishi said they were waiting for Roland to make the improvements.
He's gone back to, I think, 1996 to make these, you know, keeps asking for extensions. And, so
that's my primary concern is keeping my easement when Roland went for the, the owner went
for renewal before he asked us. And, I don't want to drive through a flood zone. I lived there
long enough to know it floods, and I don't want to have to go onto the highway, right turn in or
right turn, you know, access only. That means I'd have to drive all the way around the block,
and I don't want to have to drive through what I know is a flood zone.
HENKEL: Thank you, Ms. Salazar. Any questions from the Commissioners for Stephanie
Salazar? I have one. I was wondering. Maija, with your pointer, could you show us your, Ms.
Salazar's residence?
DOI: And show 'em how the water come down in the back, too.
HENKEL: Thank you.
SALAZAR: So, my concern was when I talk about runoff is because of the slope goes down,
right where my house is—
DOI: —She go over the—
SALAZAR: —the white building where the bushes are, it goes straight down, and it does flood
into, you know, over my head high. And, I'm concerned about when they develop, more water is
going to come down and also at the end of my easement where it goes onto the highway, there is
also a raised culvert, and my mailbox is there. And, in the prior application five years ago, the
developer wanted to have the highway make a right-turn lane and cut into the easement, and I
said I don't think you can do that because it's Land Court land. This is not a public benefit
community. It's a private enterprise, so I don't see how they can take from me for a private
development, and as I said before, when Roland made the application, if it comes with problems,
if he bought a pig in the poke, that's his problem. I don't think that I should be damaged by his
need to make a profit by selling his property and making a development.
HENKEL: Okay, thank you, Ms. Salazar. Russell Doi? You've been sworn in. Please speak
into the microphone. You've got three minutes, please.
DOI: Yeah, I came today and talk about that place. I lived there 50 years, maybe more. I seen
all Pana`ewa grow. Came from nothing to what it is today. One of my concerns I guess would
be the flooding, and the last time I came about four years ago, I complained that they wen dump
plenty material and rubbish in the flood zone. The guy came and check. Till this day, that
rubbish and shit is still in the flood zone, and how can be next door where Hank Correa wen
subdivide, one Filipino guy when throw material over the cement wall into the flood zone, and
County wen make him take `em out, and he had to hire my friend for take 'em out. So, one small
potato guy, you pick on him, but Roland, they throw hundreds of cubic yards of rubbish in the
FEMA flood zone and nobody do jack shit. So, something wrong with County or I guess they
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was Billy's friends so everything can slide, but maybe Harry can do something now and be little
bit more honest about what's going on behind closed doors.
Second of all, these guys like build one three-story building. We got one big problem with car
exhaust. I live there. I always there. Certain time of the day get real bad. If they build one
building, going block the air circulation. Going even make the exhaust more intense, and ten
years from now, going get even more cars and stronger exhaust. Car exhaust is poison, so you
telling me that it's okay to increase the poison level where I live and nevamind 'cuz I only one
guy and these guys bigshot, plenty money, let 'em go. So, it's kind of like the view I get with
this development, so if you guys let `em go through, it's, that's what I feel you letting happen.
HENKEL: Thank you, Mr. Doi. Are there any questions from the Commission for Russell Doi?
Is—
CLARKSON: —No, I have a question for the first testifier. I'm sorry—
HENKEL: Please.
SALAZAR: Stephanie.
CLARKSON: Stephanie?
SALAZAR: Yes.
CLARKSON: When you are making a—how do you make your entrance into your driveway off
of Kahaopea Street?
SALAZAR: The driveway that exists now does go beyond my 20 feet, and that was what was at
the old Hirose Nursery for about 30 or 40 years. So, that driveway, we've been using, and the
developer has told me that he's going to need to use that property, so I'll be stuck to my 20 feet.
So, we may have to remove some trees. We've already bulldozed, some area there. And, I go
right onto Kahaopea and turn right or left.
CLARKSON: Okay. Could—Maija, could you please, I just want to clarify in my mind that—
DOI: —Going be danger.
CLARKSON: —Can you go back to the, the proposed road improvement drawings?
JACKSON: Let me show you a photo to that might help. This photo here. So, here's the
highway. Essentially, Stephanie and Russell's easement is from here 20 feet over to here, and
then the existing driveway is just to the east of that.
CLARKSON: Okay.
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JACKSON: So, when Stephanie said they would take out trees, they would have to take out all
the trees here along the highway to create their, their new driveway.
SALAZAR: And can you show us where—
CLARKSON: —Can we see the, this, the proposed improvement plan? Yeah.
JACKSON: This one. So, let's see. It's very, very light, but you can kind of make out the
existing driveway right here and here.
CLARKSON: Right, but where is the property line?
JACKSON: The property line is here?
CLARKSON: On the edge of Kanoelehua?
JACKSON: Yes.
CLARKSON: Right there.
JACKSON: And, so, on this next diagram, you can see the edge of the property line and then the
20-foot easement is here, and then the existing driveway comes right along in this area here.
CLARKSON: I mean, far be it from me to, has anybody approved this plan at Public Works? I
don't see—okay, so if, if she has to use that 20-foot easement, the radius of the curve is going to
be very shallow. I can't see how anybody could come off of Kanoelehua and make an
immediate right turn basically a u-turn going back down the driveway. And, with the left-turn
lane and the accumulator left-turn lane there, how, you wouldn't be able to turn left off of
Kahaopea.
DOI: Onto Kahaopea.
CLARKSON: Yeah, how, how? I just don't see how the access is going to be
DOI: —Army tanks you need.
CLARKSON: —is going to be feasible. I mean,just to me.
HENKEL: Maija?
JACKSON: So, from a traffic safety perspective, it's not the most ideal situation obviously?
DOI: Suicidal.
JACKSON: And, I did speak to the DPW Engineer yesterday about this, and basically what I
asked is will Public Works issue a permit to work within their right-of-way if Stephanie and
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Russell should come in and want to, you know, build their driveway within their easement off of
the road. And, my understanding is that the Applicant has tried to negotiate with Russell and
Stephanie to relocate their easement along the new proposed access, and Public Works engineer
said they would evaluate the status of that relocation and then look at it from a traffic safety
perspective. But, ultimately, Russell and Stephanie do have a legal access easement to Kahaopea
Street.
DOI: And that new driveway is in the flood zone they get 'em.
HATA-FINLEY: Microphone, please.
SALAZAR: Microphone.
DOI: Oh. The new driveway is in the flood zone, and when I told the developer they gotta make
one culvert across Kahaopea Street so the water flows underneath the road, they said no. So, you
going end up like Kawailani Street where when it rain hard, you no can even cross the road
because the water flow over the road. I don't know even how the County when approve that
because at Kawailani Street, supposed to get one big culvert so the water go under the road.
And, at Kahaopea Street, too. So, all this flood, they should start it from Kawailani, go down
Kahaopea, all the way to Puainako, and develop that all one time. Otherwise, you going get one
haphazard elevation and then when somebody going build something, going be hard for connect
one flood zone to the next. So, if somebody had brains, they would make that flood zone one
time from Kawailani Street all the way through.
HENKEL: Mr. Doi. Excuse me to interrupt, but what we're talking about right now is your
access and right-of-way. Did the developer offer to improve your accessibility? Right-of-way?
Mr. Yeh, do you have a comment on that?
YEH (from audience): You know if I may—
HATA-FINLEY: Microphone.
HENKEL: Could you come up?
YEH (from audience): Thank you.
YEH: You know, the present, current conditions, if you were to take a look at where their
easement is, is directly parallel to and adjacent to Kanoelehua. It's not being used now for
probably several reasons. One is there are trees in that location. Number two, the previous
owner, current owner and previous owners allowed Mr. Doi and Ms. Salazar to use the existing
driveway location even though it's not a legal one for them, and they use that because the other
existing easement really isn't a safe one whether we're talking about existing conditions now or
in the future.
So, I just wanted to make clear to the Commission that, that driveway relocation doesn't make
sense period. Now, then, or in the future. What we have proposed to both Mr. Doi and Ms.
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Salazar is to allow them to use the driveway that we are proposing to place in at the intersection
with Awapuhi Street which is a much safer one for everyone. That apparently has not sat well
with them for some reason. As Maija indicated as an adjunct for supplement to the Background
Report, there is going to be a proposed, and we're working out with DOT now, an access that—
Maija, maybe if you can maybe point to the actual site plan location? So, if you can see where
that roundabout is basically, that would be the proposed alternate access in case the driveway
itself actually gets flooded or is impassable for any reason. It would be a direct access for
Mr. Doi and Ms. Salazar to come out onto Kanoelehua while avoiding that driveway location.
One of the, one of the problems with respect to drainage is this. Is there's discussions about
trying to put a culvert underneath the driveway and concentrate the flow as it crosses Awapuhi, I
mean Kahaopea, but you can't do that. Basically, what the developer is proposing to do with the
respect to their development is something that FEMA requires, which is whatever water is
coming off of that property now, in location, volume, and velocity, has to be the same. You
cannot be changing drainage as it exits the property. What the developer will do is any water
that's generated on site from its development whether its buildings, parking locations, or
otherwise, needs to get dealt with through drywells. So, we're not adding any water to what
exists now, but we can't change what comes across the road. That's just a given that we cannot
change. We'd like to do that, but we no can.
So, in trying to come up with some options for the, for Ms. Salazar and Mr. Doi, we've given
them a very good option which is come across that driveway where it's going to be located,
come out onto Kahaopea, and that's going to be basically the safest, most appropriate way for
them to get in and out to their property.
One of the other things that I did want to talk about, too, is that when we talk about fair share, if
we take a look at Parks requirements for impacts for something like this Use Permit proposes, we
have residents who are elderly residents whose, whose lives and aging has occurred in
conjunction with parks development in the County. So, it's not like they're coming in from
somewhere else requiring park improvements. They are already probably going to be the prime,
the primary bulk of them is going to be existing residents. They don't use most of the park
facilities now, and there will be exercise at that kind of facility on site provided to them for their
needs that they need at this particular age sequence that they're at right now. Thank you.
CLARKSON: Yes, this brings up another question I have. I know we're talking to stuff that
relates probably more to the Special [sic] Permit application, but are the residents in this
proposed facility restricted to current residents of Hawaii County or the State of Hawaii?
YEH: I don't believe so, and I don't think you can do that.
CLARKSON: I wouldn't think you could either, but—
YEH: —Right.
CLARKSON: —how, I'm just going to ask, how do we know that a significant fraction of the
people that would be living in this facility wouldn't be from out of State?
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YEH: I think from a demographic standpoint and being close to where your residents and family
is, that's probably going to be the actual dynamic, all right? And then, similarly for traffic
perspectives, most of them are not gonna be driving. They will be living on site. There will be
transportation services provided by the facility. Thank you.
HENKEL: Thank all of you. We really appreciate your testimony. If you could return to your
seats now. We have one more person signed up to testify. Dean Au, please? Would you raise
your right hand? Do you swear or affirm to tell the truth on this matter now before the Planning
Commission?
AU: Ido.
HENKEL: Thank you. Please state your name, where you reside, and you have three minutes.
Speak into the microphone. You know the drill.
AU: Thank you, Commissioners. My name is Dean Au, and I represent the Hawaii Carpenters'
Union. We represent 6,000 plus working families here in the State of Hawaii. And, we have,
we have a couple comments that we would just like to make regarding this project. You know,
this is a great project for the community, and it's a much needed service, but through past
projects that were similar like this, our main comment would be the construction aspect. You
know, we've got a lot of local, working families, and we would like to get as much of our
families to work.
You know, from my understanding, the developer is committed. Locally, they've already hired
local architectural firms, so from my understanding, it seems to be on the right track, so that's
just a comment and concern that we have is local construction workers. A lot of our members
are travelling out to the Kona side for work. It would be nice to have a lot of our Hilo
construction workers here would be good. You know, not—not only our organization but our
whole Hilo community, so I just wanted to make that comment.
HENKEL: Thank you. Are there any questions for Mr. Au from the Commission? You may be
seated then. I don't have anyone else signed up to testify so, we can look for a motion to close
public testimony.
DELA CRUZ: So moved to close public testimony.
HENKEL: Is there a second?
MIYASATO: I second.
HENKEL: It's been moved and seconded to close public testimony. All in favor say aye?
COMMISSIONERS: Aye.
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HENKEL: Opposed? Okay. Then, we'll look for a motion for action and discussion on this
agenda item now.
IKEDA: Mr. Chairman, I'll make the motion. I move that a favorable recommendation be
forwarded to the County Council on the application to amend Condition C, G, and Q of
Ordinance No. 12-111, REZ 840 based on the Planning Director's recommendations and
findings which shall be adopted.
DELA CRUZ: Second.
HENKEL: It's been moved by Commissioner Ikeda and seconded by Donald [sic]. Would you
do the roll call vote, please, Maija?
JACKSON: Mr. Ikeda, was that including the Department's proposed revisions?
IKEDA: Yes, yes.
JACKSON: Okay, I'll take the roll. Commissioner Ikeda?
IKEDA: Aye.
JACKSON: Commissioner Dela Cruz?
DELA CRUZ: Aye.
JACKSON: Commissioner Clarkson?
CLARKSON: Aye.
JACKSON: Commissioner Miyasato?
MIYASATO: Aye.
JACKSON: And Chair Henkel.
HENKEL: Aye.
JACKSON: Okay, the motion passes five, zero.
HENKEL: Thank you.
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The discussion ended at 9:43 a.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
Windward Planning Commission
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