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HomeMy WebLinkAboutCOM 0481.000 2016-2018 oOt•. of N Wil Okabe �� , Managing Director Harry Kim % *' Mayor = Barbara J.Kossow . 'NF'�41P-- Deputy Managing Director TEOF Clint Cittillat Ct ..:.. (1 ffici >eAtavor m 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 d�' (808)323-4444 • Fax(808)323-4440 r- !'l . -Tl AAJ September 19, 2017 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 Members: SUBJECT: Amendment to Change of Zone Ordinance No. 03-108 (REZ 1017) Applicant: Kawili Development,LLC (formerly I. Kitigawa & Co., Ltd.) Request: Amendment of Condition B and C or Ordinance No. 03-108 Tax Map Key: 2-2-050:014 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, • A/'1 ARRY I Mayor MTransCouncilKawilidevamendREZ 1017 Enclosures cc: Planning Department Comm. Lai ell' 61Ref. To: L� 20CouRef. Date SEP 2 12717- County nty of Hawaii is an Equal Opportunity Provider and Employer. t.O. 14s,•. Harry Kim •�' =-^ .��`{r,;••"', Gregory Henkel, Chair Mayor ;I,i t•+i;`��j�• Joseph Clarkson,Vice Chair '` •` ••} • Donn Dela Cruz Donald Ikeda '44 OF'i Myles Miyasato Thomas Raffipiy County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 SEP 19 2017 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. 03-108 (REZ 1017) Applicant: Kawili Development, LLC (formerly I. Kitigawa & Co., Ltd.) Request: Amendment to Condition B and C of Ordinance No. 03-108 Tax Map Key: 2-2-050:014 The Windward Planning Commission, at its duly held public hearing on September 7, 2017, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 03-108. The property is located at the northeast corner of the East Kawili Street and Hinano Street intersection, Waiakea House Lots Extension, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a time extension to comply with Conditions B and C. The original Condition B required a water commitment fee to be paid within ninety(90) days from the effective date of Ordinance 03 108. The original Condition C required construction to be completed within five (5) years from the effective date of Ordinance 03 108. If granted, the request will allow the water commitment fee to be paid within one hundred eighty(180) days and construction to be completed within five (5) years from the effective date of this amended Ordinance. The proposed project is an approximately 11,600-square foot building for office/retail spaces, to be occupied by the sole tenant, the Hawai`i County is an Equal Opportunity Provider and Employer Valerie T. Poindexter, Council Chair and Members of the County Council Page 2 Veterans Administration. The applicant has experienced unforeseen design delays and a change of land ownership, thus, the construction of the proposed project was not completed by the administratively granted deadline of July 9, 2013. The current applicant is committed to completing the construction and related improvements for this project. Additionally, the applicant is in the midst of securing a new contractor. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. On December 28, 2009, Kawili Development, LLC purchased the subject property from the former landowner. In 2010, the applicant secured a Final Plan Approval for a two-story building consisting of five (5) office and five (5) retail spaces. The applicant also obtained a Variance Permit that allowed the structure to be positioned closer to the north property line. In 2012, Building Permit No. B2012-0184H was issued for the subject project. This Building Permit, as well as the related electrical and plumbing permits are still open. The applicant is in the midst of securing a new contractor. The applicant remains committed to completing the commercial development as evidenced by obtaining other related government approvals. Condition D was met when the reciprocal Grants of Easements for Easements "A" and "B" were recorded. Condition J was satisfied when the applicant connected the project to the county sewer line. Thus, the applicant has been working towards compliance with the conditions of the change of zone and non-performance is the result of conditions that could not have been foreseen and were beyond the control of the applicant. Approval of this request would not be contrary to the General Plan or Zoning Code nor the original reasons for granting the Change of Zone. There have not been any significant changes to the General Plan or Zoning Code for this area since the subject rezone was approved in 2003. At that time the General Plan LUPAG Map designation for the property was the same that it is today, Industrial. This designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. In the immediate area are a mix of residential and industrial land uses. Since 2003, three (3) separate parcels to the east have rezoned from RS-10 to MCX-20. Adjacent parcels to the north are zoned RS-10, each improved with a single-family dwelling. To the northwest, Change of Zone Ordinance 04 27 from residential to limited industrial district was approved for a parcel fronting Hinano Street. Immediately to the west, two parcels retain their original residential zoning. To the south are industrial Valerie T. Poindexter, Council Chair and Members of the County Council Page 3 properties. This subdivision was created in 1963 to accommodate some of the limited industrial uses that were affected by the May 1960 tsunami. The Hawai`i Community College campus is located across of East Kawili Street and diagonally to the southwest of the subject property. The County Council adopted concurrency requirements for water, roads and civil defense sirens. At this time, the subject parcel does not have current water service with the Department of Water Supply(DWS). County water can be made available from an existing 8-inch waterline along Hinano Street or Kawili Street, fronting the subject parcel, in accordance with the DWS's existing water availability conditions. The applicant is required to submit the anticipated maximum daily water usage calculations for the proposed project, prepared by a professional engineer licensed in the State of Hawaii for review and approval. DWS will determine the appropriate service lateral and meter size required based on the water demand calculations. These will be added as conditions of the amended Ordinance. The concurrency section of the Zoning Code states that a traffic study is required whenever a proposed development will generate over 50 peak hour trips. There is no land use category for a combined government medical and offices building in the Institute of Transportation Engineers Trip Generation Manual. Based on similar land uses, it is estimated that about 48 trips during the peak hour periods will be generated. Therefore, a Traffic Impact Analysis Report is not required. Concurrency standards for civil defense sirens are met by a siren located nearby at the South Hilo Baseyard which provides coverage to the subject property. Thus, the proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. This favorable recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Industrial-Commercial Mixed Use Zoning district,prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American Valerie T. Poindexter, Council Chair and Members of the County Council Page 4 with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 03 108. In addition, the Planning Director recommends that existing conditions in the Ordinance be revised to reflect the current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 03 108 is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck-through; new material is underscored. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Sincerely, Gregory Henkel, Chair Windward Planning Commission LKaw iliD evLLCAmendREZ 1017wpc2 Enclosures cc: Kawili Development, LLC Department of Public Works Department of Water Supply DOT-Highways, Honolulu Department of Environmental Management Amy Self, Esq., Corporation Counsel BKawiliDevelopmentLLCAmendREZ.doc-shw8/15/2017 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KAWILI DEVELOPMENT, LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 03 108 (REZ 1017) KAWILI DEVELOPMENT, LLC (FORMERLY I. KITAGAWA & CO., LTD) has submitted a request for an extension of time to comply with Condition B (required water commitment payment) and Condition C (Complete Construction) of Ordinance No. 03 108, .,y which rezoned approximately 22,500 square feet of land from the Single-Family Residential— 10,000 square feet(RS-10) district to the Industrial-Commercial Mixed Use—20,000 square feet (MCX-20) district. The property is located on the northeast corner of the East Kawili Street and Hinano Street intersection, Waiakea House Lots Extension, Waiakea, South Hilo, Hawai`i, TMK: 2-2-050:014. PROPOSED ACTION 1. Request and Reasons for Request: The applicant is requesting a time extension to comply with Conditions B and C. Condition B required a water commitment fee to be paid within ninety(90) days fromthe effective date of Ordinance 03 108. Condition C required construction to be completed within five (5) years from the effective date of Ordinance 03 108. If granted, the request will allow the water commitment fee to be paid within ninety(90) days and construction to be completed within five (5) years from the effective date of this amended Ordinance. The proposed project is an approximately 11,600-square foot building for office/retail spaces, to be occupied by the sole tenant, the United States Veterans Administration. The applicant has experienced unforeseen design delays and a change of land ownership, thus, the construction of the proposed project was not completed by the administratively granted deadline of July 9, 2013. The applicant is in the midst of securing a new contractor and is committed to completing the construction and related improvements for this project in a timely fashion. (Planning Department Exhibit 1 —Time Extension Request) 2. Landowner: Kawili Development, LLC. -1- PERMIT HISTORY 3. July 9, 2003: Effective date of Ordinance No. 03 108, which reclassified the subject property from a Single-Family Residential 10,000 square feet (RS-10) zoning district to an Industrial-Commercial Mixed Use—20,000 square feet (MCX-20) zoning district. The original applicant proposed to establish a new warehouse for an automobile parts store on the subject property. 4. January 24, 2008: The Planning Director granted an administrative time extension until July 9, 2013 to comply with Condition C (complete construction) of Ordinance No. 03 108. 5. September 24, 2010: A Variance from the Zoning Code was granted to allow the proposed office and retail building to be constructed with a minimum 4-foot side yard setback and open space requirement in lieu of the property's minimum 10-foot side yard setback and minimum 5-foot side yard open space requirement. 6. October 10, 2010: A Final Plan Approval was granted for a two-story office and retail building. (P.D. Exhibit 2 - October 20, 2010 letter) 7. August 17, 2011: Final Subdivision No. SUB 11-001048 of Lot 7 into Lots 7-A and 7-B was granted. Lot-B is a road lot, which still must be dedicated to the County prior to the issuance of a certificate of occupancy of the proposed development, consisting of 1,086 square feet. 8. February 10, 2012: Building Permit No. B2012-0184H for a proposed two-level building consisting of five (5) retail spaces and five (5) office spaces. This Building Permit, as well as the related electrical and plumbing permits are still open. 9. May 4, 2012: Kawili Development, LLC purchased the subject property from the former landowner. 10. July 5, 2017: The Planning Department received the subject request for a time extension to comply with Conditions B and C of Ordinance No. 03 108. The applicant is currently seeking a new contractor to replace the previously terminated contractor. -2- STATE AND COUNTY PLANS 11. State Land Use District: Urban. 12. General Plan LUPAG Map Designation: Industrial. These areas include uses such as manufacturing and processing,wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. 13. County Zoning: Industrial-Commercial Mixed Use - 20,000-square foot minimum lot size (MCX-20). The proposed use is permitted in the MCX zoning district provided a Plan Approval is secured for all new structures and additions to existing structures in the MCX district. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. 14. Hilo Community Development Plan (CDP): The Hilo CDP, adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the property for residential use. 15. Chapter 205A, HRS, Coastal Zone Management Program: The entire State of Hawai`i lies within the Coastal Zone Management (CZM) area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the CZM area with respect to recreational resources, historic resources, public access to shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation and beach protection. 16. Special Management Area (SMA): The subject property is not situated within the County's Special Management Area and is located over one (1) mile from the nearest coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 17. Subject Property: The subject 22,500-square foot property is rectangular in shape and located at the northeast corner of East Kawili and Hinano Streets. The subject property is under construction with a two-level building with five (5) retail spaces and five (5) office spaces already built. The interior tenant alterations and site improvements are under construction and expect to be completed within the next five (5) years. -3- 18. Surrounding Zoning and Land Uses: In the immediate area are a mix of residential and industrial land uses. Since the subject property was rezoned in 2003, three (3) separate parcels to the east have rezoned from RS-10 to MCX-20. Adjacent parcels to the north are zoned RS-10, each improved with a single-family dwelling. To the northwest, Change of Zone Ordinance 04 27 from residential to limited industrial district was approved for a parcel fronting Milano Street. Immediately to the west, two parcels retain their original residential zoning. To the south are industrial properties. This subdivision was created in 1963 to accommodate some of the limited industrial uses that were affected by the May 1960 tsunami. The Hawai`i Community College campus is located across of East Kawili Street and diagonally to the southwest of the subject property. 19. Flood Zone: According to the Department of Public Works (DPW) Engineering Division, the subject parcel is currently designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency(FEMA). Zone X is an area determined to be outside the 500-year floodplain. 20. Archaeological/Historical/Cultural Resources: In response to a grading permit application, the State of Hawai`i Department of Land and Natural Resources-Historic Preservation Division(DLNR-SHPD) determined that"no historic properties will be affected" letter for the entire parcel on September 13, 2011. DLNR-SHPD further stated that the parcel is within the Kanoelehua Industrial subdivision, which consists of late 20th century warehouses and small businesses. Parcel 14 has been previously filled and graded, and has been vacant since before 2003. Given the soil substrate of extremely stony muck in the area, there does not appear to be any potential for intact historic deposits or features. 21. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 22. Flora/Fauna Resources: There was no formal flora/fauna study conducted for this time extension request. Due to previous grading and grubbing activity, it is unlikely that any threatened or endangered floral or faunal species are present on the property. -4- 23. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. 24. Traffic Impacts: The concurrency section of the Zoning Code states that a traffic study is required whenever a proposed development will generate over 50 peak hour trips. There is no land use category for a combined government medical and offices building in the Institute of Transportation Engineers Trip Generation Manual. Based on similar land uses, it is estimated that about 48 trips during the peak hour periods will be generated. Thus, a Traffic Impact Analysis Report is not required. PUBLIC UTILITIES AND SERVICES 25. Access: Ingress access to the project site is proposed from East Kawili Street. Egress from the project site is proposed from Hinano Street. For the subject property and the adjacent TMK: (3)2-2-050:038, a common access easement "A" and "B"was recorded in 2013 for ingress purposes from East Kawili Street, which met Condition D of the original Ordinance. (P.D. Exhibit 3 —June 5, 2013 Recorded Grant of Easement Documents) 26. Water: The subject parcel does not have current water service with the Department of Water Supply(DWS). County water can be made available from an existing 8-inch waterline along Hinano Street or Kawili Street, fronting the subject parcel, in accordance with the DWS's existing water availability conditions. The applicant is required to submit the anticipated maximum daily water usage calculations for the proposed project, prepared by a professional engineer licensed in the State of Hawai`i for review and approval. DWS will determine the appropriate service lateral and meter size required based on the water demand calculations. 27. Wastewater: According to the Department of Environmental Management-Wastewater Division records, the subject property was connected to the County sewer on September 30, 2013. This met Condition J of the original Ordinance. 28. 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 or other designated landfill sites as required by the County. Condition K requires a Solid Waste Management Plan. -5- 29. Essential Utilities and Services: Electricity, cable and telephone services can be made available to the site. County Police, fire and medical services are available to the property in Hilo. AGENCY COMMENTS 30. State Department of Health: P.D. Exhibit 4—July 18, 2017 memo 31. Police Department: P.D. Exhibit 5 - July 20, 2017 memo 32. Department of Environmental Management: P.D. Exhibit 6 -July 17, 2017 memo 33. Department of Water Supply: P.D. Exhibit 7- August 4, 2017 memo 34. Fire Department: P.D. Exhibit 8 - August 8, 2017 memo 35. Department of Public Works: P.D. Exhibit 9—August 9, 2017 memo 36. State Department of Land and Natural Resources—Historic Preservation Division: P.D. Exhibit 10 - September 13, 2011 letter APPLICANT'S RESPONSE TO AGENCY COMMENTS 37. Letter from Sidney Fuke—P.D. Exhibit 11 - August 7, 2017 letter PUBLIC COMMENTS 38. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -6- . , neyFLike' R 1 anning Consultant - • , - 190 Paqois-trot,Suite 212,- Hawaii 96720 _ •Planning•Variance•Zoning Telephone (898)'969,1522?,Fax (808)969q996 . •Subdivision•Land Use Permits • E mail sidiuke@hawallafltel net •Environmental Reports July 5;2017 Mr: Michael Yee,Director Planning Department _ COIONTY.'0E--1-1AWAr I °F21 101 Pauahi Street - --n Iji16,11196720 --I co Dear Mr Yee: Subject - Time Extension Request Kawili Development,LLC (Formerly I®Kitagawa &Co.,Ltd...) - - REZ 0.3002,.Ord.:No.03408 Wajakea, South Ildo,111,..TIVIK: 24-050:'014 The rezoning of subject area, consisting of 22,500 square feet,into the Industrial- . CominerCial.Oxed (MCX-20)district(Ord.No. 03-108)became effective on July 9, 2003 The request Was to allow the development of a 6,720 square foot building to accommodate.a warehouse and a retail shop. In light of Condition C of the subject _ rezoning ordinance, construction could not be completed within the allowable five(5) year window of July 9, 2008. As such, a time extension was requested and subsequently approved by the Planning Director in a letter, dated January 24, 2008 (Exhibit A). The extension was to July 9, 2013. -Further,the water commitment fee was required to be paid.within'ninety(90) days of the effective date of the rezoning ordinance or October 9, 2003. Inasmuch as water was deethed to be available,the commitment fee was not paid. Shortly after receipt of the administrative time extension, the subject property was sold to Kawiii Development,LLC("KD")on or about December 28,2009. As to be discussed below,While.diligent efforts were made by KD to complete the project before July 9, 2013,that did not happen. The building is only partially completed at this stage. Accordingly,because the water commitment fee has not been paid nor the project --ottbpugb- opathendd completed,the current landowner,Ica or the applicant,is requesting a time extension to paythe water-commitment fee as Well as to complete the project. L GENERAL BACKGROUND As noted'earlier,the subject property was purchased by Kawih Development, LLC on or about December 28, 2009 fotthe'pUrpose of developing a retail and office It'slibsequenOy'applied for a buildingpermitin the early part of 2010 for a 2- . story office/retail structure as found in Exhibit 0...However,nearly two(2)years later, Planning Dept. Exhibit 1 1 2 5 8 9 Mr. Michael Yee,Director July 5, 2017 Page 2 the building permit was secured on February 10, 2012. It should be noted that the delay was not the result of government inaction but, in large measure, to KD's design team. Construction began in May 2012. While completion was anticipated on or before July 2013, there were construction issues between the applicant and the contractor, resulting in this regrettable delay. To date, the required site work and the shell of the structure have been completed. The services of the former contractor have since been terminated, and the applicant is in the process of finalizing an arrangement with the replacement contractor. Time is of the essence, inasmuch as a major tenant—the Veterans Administration (VA) -has been anxiously waiting to move in since the lease was consummated on August 3, 2015, after an extensive vetting process which included a program to accommodate the spatial needs of the VA. II. NATURE OF REQUEST The Applicant wishes to proceed with the development of this site in accordance with the current zoning and conditions. However, because the deadlines have expired, it cannot proceed. Accordingly, the Applicant is requesting a time extension, beginning the effective date of the rezoning amendment, of one hundred eighty (180) days to pay, if needed,the water commitment fee and five (5)years to complete the project. III. PROJECT LOCATION The subject area, consisting of 22,500 square feet, located in the City of Hilo and more specifically in the Waiakea House Lots area at the northeastern corner of Kawili Street and Hinano Street. The Hilo Community College complex is located diagonally across and south of the subject site. (Exhibit C) IV.REZONING CONDITIONS As noted earlier, the subject area was initially rezoned into the MCX-20 district on July 9, 2003, subject to a number of conditions. An administrative time extension for completion of the project was granted to July 9, 2013. (Exhibit A) This section will cover the status of the various conditions of the rezoning ordinance (Ord. 03 108). A. The applicant, its successors or assigns, shall be responsible for complying with all of the stated conditions of approval. The property is owned by the Kawili Development, LLC. and as such, intends to assume the responsibility of complying with all pertinent conditions and any amendments thereto of this rezoning ordinance. Mr. Michael Yee, Director July 5, 2017 Page 3 B. The required water commitment payment shall be submitted to the Department of Water Supply...within one hundred and eighty (180)days from the effective date of this amendment. The applicant will comply with this requirement by making the required payment, if needed, within one hundred eighty(180) days of the effective date of the requested time extension. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this amendment. Prior to the start of construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structures,fire protection measures,paved driveway and parking stall, common access easement, and other improvements associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. A continuous landscape buffer shall be provided along the entire northern property boundary. The landscaping shall be in accordance with the requirements of Planning Department's Rule No. 17(Landscaping Requirements) As noted earlier, the building permit for the proposed structure has been - - . approved.--This was done in accordance with the Final Plan Approval.—As— --- such, this requirement has been complied with, lest the building permit would - not have been issued. D. A common access easement with the adjoining parcel identified by Tax Map Key 2-2-050: 37 shall be provided along Kawili Street, meeting with the approval of the Department of Public Works. This common access shall be limited to ingress movements only. This has been accommodated. Please refer to the approved site plan(Exhibit B). E. To decrease further traffic concerns at the intersection of Kawili Street and Maka'ala Street, the applicant shall coordinate with the landowners of the adjoining parcels identified by Tax Map Key 2-2-50: 37 and 38 to provide internal traffic circulation between the proposed developments. This has been accommodated. Please refer to the approved site plan(Exhibit B). • Mr.Michael Yee, Director July 5, 2017 Page 4 F. The driveway to the subject parcel from Kawili Street and Hinano Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawai'i County Code and meet with the approval of the Department of Public Works. As currently designed, this has been addressed. As such, this will be done by the applicant. G. The applicant shall construct roadway improvements to the entire frontage, exclusive of access points, along Kawili Street and Hinano Street consisting of but not limited to,pavement widening with concrete curb, gutter and sidewalk, curb ramp, drainage improvements, and any required relocation of utilities. Said improvements shall be completely constructed in accordance with the requirements and approval of the Department of Public Works prior to the issuance of a certificate of occupancy for any portion of the proposed development. In conjunction with the initial site work,the site was prepped to accommodate these requirements. They will be completed by the applicant prior to issuance of the required occupancy permit. H. A 10 foot wide future road widening strip along the subject property's Hinano -Streetfrontage-shall-be-delineated=on-the plans submitted for Plan=Approval--= Y - -- review. The 10 foot wide future road widening strip, including all improvements required by Conditions F and G shall be subdivided and dedicated to the County prior to the issuance of a certificate of occupancy for any portion of the proposed development. The required 10-foot wide future road widening strip is depicted on the approved site plan associated with the building permit(Exhibit B). The strip has already been dedicated to the County. I. A drainage study shall be prepared and any drainage improvements shall be • constructed meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy for any portion of the proposed development. The drainage plan was submitted in conjunction with the building permit construction plans and approved by the Engineering Division of the Department of Public Works. All drainage improvements pursuant to said Mr. Michael Yee, Director July 5, 2017 Page 5 approved plans-or as may be modified and approved by the DPW-will be done prior to issuance of the occupancy permit. J. The applicant shall connect to the existing County sewer lateral meeting with the approval of the Department of Environmental Management prior to the issuance of a certificate of occupancy. This will be done by the applicant. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval. A copy of the approved plan shall be submitted to the Planning Department prior to the issuance of Final Plan Approval. Inasmuch as Final Plan Approval and a building permit were approved, the author can only assume that this was done. L. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai'i County Code. This has and will continue to be complied with during the construction phase --_._ - - M.-The applicant shall comply with all other applicable-laws, rules,-regulations _-_- _ - _- and requirements of affected government agencies for the proposed development. This has and will continue to be complied with by the applicant. N. Should the Council adopt a Unified Impact Fee Ordinance...conditions included herein shall be credit towards the requirements of the Unwed Impact Fees Ordinance. This is not applicable, inasmuch as such an ordinance has not been passed as of this date. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director... 5. If the applicant should require an additional extension of time, the Planning Director shall -- - submit the applicant's request to the County Council for appropriate action." Mr. Michael Yee, Director July 5, 2017 Page 6 As noted earlier, an initial time extension was granted. Pursuant to this condition, the applicant is requesting retroactive approvals plus the additional one hundred eighty (180) days for payment of the water commitment fee and five (5) years to complete the project, from the effective date of this proposed amendment. V. RESTATEMENT OF REQUEST Conditions B and C required payment of the water commitment fee within one hundred eighty(180) days and completion of the project within five(5) years, respectively, of the effective date of the ordinance (July 9, 2003). These conditions were not complied with, in spite of the initial five (5)year extension to complete the project. In light of the above, the new owner/applicant-Kawili Development, LLC.Inc. - is requesting time extensions of an additional one hundred eighty (180) days for payment of the water commitment fee and five(5) years for completion of the project, from the effective date of an amendment amending the subject ordinance. IV. JUSTIFICATION OF REQUESTS Condition 0 of the rezoning ordinance(Ord. 03 108) outlined three(3) criteria --`whereby a-time extension=m-.ye considered. These criteria and-their===-- justification for both extension requests follow. A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. Kawili Development, LLC acquired the subject property near the end of 2009. In spite of securing a contractor and submitting plans for a building permit, the permit was not issued until February 2012. It should be noted that the original contracted completion date with the contractor was well before the July 9, 2013 deadline. However,because of unanticipated issues between the primary contractor and its sub-contractors as well as between the developer and the contractor, the completion deadline was extended to July 15, 2013. Performance by the contractor continued to lag; and construction cost began to escalate making the project somewhat financially untenable. Thus, the VA was approached as a possible tenant in September 2013. The VA - requirements required modifications to the plan. Because of the lack of performance and the building requirements of the VA, the contractor was • Mr. Michael Yee, Director July 5, 2017 Page 7 terminated. Althoughthe lease with the VA was finallyexecuted in August � 2015 after an extensive vetting process, funding was not forthcoming until July 2016. This added to the delay. The applicant subsequently contracted with an architectural/engineering firm to assist with the development of the revised plans as well as preliminarily selected a contractor to finish the project. In spite of the best efforts by the applicant, the issues with the contractor were not anticipated, resulting in the untimely delay. The fact that the applicant has • already solidified an arrangement with the VA and now has the added funds to proceed attests to their willingness and ability to complete the project. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was rezoned, there has not been any significant land use regulatory change in this area. The Hilo Community Development Plan has not been updated, and thus, the only relevant planning policy document still rests with the County General Plan. The proposed request is not contrary to the General Plan's Land Use Pattern _ .-:._ ------.- Allocation Guide=(LUPAG)-Map-that-defines the subject-property and-its- ----- - Mr. Michael Yee, Director July 5, 2017 Page 8 • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. • Strive for diversity and stability in the economic system. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. • • Strive for fill employment. Land Use Element: • Designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural, and physical environments of the County. Commercial Sub-element: • Provide for commercial developments that maximize convenience to users. ___ __ • Provide_commercial development that complements the overall pattern j of transportation and land usage within the island's regions, communities, and neighborhoods. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. (Policy) • Encourage the concentration of commercial uses within and surrounding a central core area. (Policy) C. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The reasons for approving the rezoning of this site were articulated in the Planning Commission's letter to the County Council. The reasons, in summary, and their relationship to the present, included: • furtherance of the County's goals of providing an economic environment _ __ which allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase the choice of Occupations. This is still a goal of the County. Mr. Michael Yee,Director July 5, 2017 Page 9 • the site's positive physical and locational attributes which meet the commercial/industrial needs in the context of the industrial designation of the County General Plan. This is still applicable today, as there have not been any amendments to the General Plan. • All essential utilities and services can and will be made available to the development. The discussion relates to the installation of roadway improvements and extension of the wastewater and water systems, if needed, to the site. This is also a commitment on the part of the current applicant. • The site does not have any resource issues, such as archaeological, drainage, botanical, or avifaunal. The site was formerly used as a residence is cleared. The rezoned area is zoned "X" on the flood maps. It is thus maintained that the reasons used to support the existing rezoning also apply to the requested time extensions. As such, the applicant respectfully requests your favorable consideration of these time extension requests. Pursuant to this amendment request, please find enclosed the following: a. Twenty (20) copies of this letter, with appropriate enclosures, including – – thelett-6i—of authorization froin the applicant; and b. A list of the surrounding property owners within 300 feet of the subject property; real property tax clearance; and $250 filing fee. Should you have questions on this matter, please feel free to direct them to me. Thank you very much. Sincerely, N.)\ %\1\1\i SIDNEY M. FUKE Planning Consultant Enclosures Copy–Dr. Craig Fujioka,Kawili Development, LLC w/enclosures • Harry Kim = �''':`��f Christopher J.Yuen Mayor -_ Director 4;;".1of•N►�'`` Brad Kurokawa,ASLA • LEED®AP xx rtg iir C t ecti Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo,Hawaii 96720-4224 (808)961-8288 • FAX(808)961-8742 • January 24, 2008 Mr. Sidney Fuke,Planning Consultant 100 Pauahi Street, Suite 212. Hilo,HI 96720 Dear Mr. Fuke: • Change of Zone Ordinance No. 03 108 Applicant: I. Kitagawa and Co.., Ltd, Subject: Time Extension Request TMX: 2-2-50:14 This is to acknowledge receipt of your letter dated December 26, 2007,regarding a •. request for a tithe extension to Condition C (complete construction within five years) for the above-referenced Change of Zone ordinance. You have indicated that the applicant's plans for its auto parts outlet have changed because of time and space constraints; however the-applicant intends to'relocate-to-the--subject roe ataa-l'a`ttr"date: "— =- -- We find that non-performance-is-the result of conditions that could:not have been - - for_eseen.or are beyond the control of the applicant and not the result of their fault or negligence. Granting of the time extension would not be contrary to the General Plan or Zoning Code and the original reasons for the granting of the change of zone. Therefore, an administrative time extension to July 9, 2013 is hereby granted to comply with Condition C. Please be advised that additional requests for time extensions to comply with the conditions of approval will be forwarded to the Planning Commission and the County Council for appropriate action. Should you have any questions,please contact Norman Hayashi of this office at 961-8288, ext. 205. 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'0 • St- \• rcg -& 'oh • • •• - . . •.,igh 0 S 1--1 lir a+0 St Q /(1-iki . . . .b e 0:, rtr W. • l . t. i • • - • :a E.. • • EIVViakaa 0 Vk'a .z. o ...... . . . DD - • • • . . .• • Loka t.,---••• t---. ci) cv o i . . . .it• 0 -- .Z. • CD . . 1 --• --- • . C . ." -0.2 .7" •-i- CP CO . ' ":...I. •••-• -- - . cv —• • 0) • 111 . . I Ca_ . .• . CI) • • • Fern St . . 4,-, ......./ ..,..i P 1 i . . . . 2.5 • Cr) •-•1 ai, , 'latco • . • i . . c.,,, •...... .., • -,-- 1.-„,., o co. a) a) . i_ii Palsal • ) •,..., . .1._., .,../ a.) --__. C „ , ...... up _ . , •,... ,--, . . •- - ._ .. .._.... . _ . ..._. ._ .t._ -1 • ot. 1 EXHIBIT C .,.._, co • co ..,,,, a, . . a.) ,.• Ca HO W. k-a a • S" ." • cu . ohita S, t . • izZ' ,ccT cu-_.: .5- -_.. Noeau *.ii-oo_ • .• IL, St. E •...... ...c. .• i\,. I • ahP • 1 I I 1 I 1 3 I 3 1 A 1 5 I a I 3 I 1 9 I. c ( PAV'T CONST.NOTES WATER CONST.NOTES lI b co swy COW R[-c ra 9,&•BPSE kC07CT t' 1',I/1 TTPE-A SINCE WORM.k II 9 COUNTY f10 3 AC.PAYT/I'. Ad C CONSTRUCT I'NAM 80007/10 17PE•0 d'AIB-BtSE NRH TIlE r![A COV PER BOJ,{PMili.0 ON DEL LO.L5,110 a W 4 -COxiRW'IOR 6 To43580ILO MU.n (1)-I-I/Y 0000171108100 6.210 STRAP 900-8400 IOWA.1.5 RCM= R 70.846[(7761840 CRM[TO 4.0.BASL WNW.TO WHY awn t 1.0a11011A II �\ ypI t3 m CONSTRUCT PRE-CMT 8 141x31 STOP POT hc'cTTI QS1 � TER O LA HAULM,SCE PER 1g IN •M';., 'a;s''. . CCM �\\•�✓'JJ" ® Meal; rP TtPC ar.S APPR71m a1U710! 1 Px0 MUM 0al=DOME(PROTECT n PIKS) Ixereia REIPaC X. 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SEWER CONST.NOTES 1mx " / ... � . 555jjj '• f • �tCD COM*.61 ME Wrm�Te PATER aaa qg h .' 1 l (/� _ I PU1 DCA C@ Cologa Nn UM LEC TD 06140 C•QI.O p IR / I. / £i <L•„ w w 4U DJSTPIO M, w •;'• /-��� I '!''.; I' .mil: 7• ® vr'ER LLxcI7LTE ClPO TA011 a'ttx0 rAa E P .._ !�% •' aro UCT__ '/, / �� ■•��" ,, 1Pf0. 6 •a / 1x e •�� .4' ��, . �V V QD CONSTRLCI IC1NGOlt eauxos POT OEfAt�► �► ,R' r, w.. *► •��.• r WIWCCI 1631 Rxtii ln[t0 cCuS 0 yg :t. / _ PROPOAJV LWE 0.0.1.0.Cd111NCIM1 10 O I •••,/":$lF 79184!0 A 9' 170 I 10 41013 0 Set I'.101,01' / ® CgC[NSfA 471E PER M Y[A3Y lq YO'CRI TM=OM 947 !'•AI-.0 ,.-.�0 • i• :a.'> .�1 1:.1:•Mr ..Y,; 0— . IL10,..,,,T.- .i ltdi 'I lt` / I" 1!1x13 o W t 1'-3038 9.50' a SINS o aQ t 9'•50.32' I 2104' 1 4 BLy10 o e0 t Sa•.38.77. r3' 15.i45• • i„ ' ." 110 ., lr.• . 43. 41::(4— DRAINAGE DRAINAGE CONST.NOTES - jl 1,'f ,sPZ[U pAL, {Y 44. 43 / Q° 4'--JI• COAT NON • /� Bf i►• Q7' • " a t C� ®C0 61R 0 00 031A-33 STERN 1%8416 PER � N. •. �/ OCI.STE POI PINI • I �• lr Y 1 �. ..�� . , �Q O �\. .`, \� �� ` ,,,,_..,4 IFSItl4G x{14ELL MN PP[NCO :::,..4.• ` �•065TN0 CONa 04045(PROTECT n PLACE)", • (00187 AP�OCANNC 10 03350N` '.*A _ ® ralml14AT war caAlm WILY POT oEIAR 1 • I :--� E 81110 CWS Nip 10113010 9i0U0'ar--x1.40 ' REV NA 37(4 or 0896,maw 'r ' s1 / . PROTECT 34 PUCE r0U1647517 PER 00/10 VG= E7001M l 0RMN6L(PROTECT P PVL() . I I1/ f; --DIM wNa PGE ® 00740€€(0.i.0)PVT CIMS T 10 ,q�y. • y .•• VI. 075AA9'No 738700 80610285 mtri I ` ''• !,. O 10 1 0 43 517ETNix 1040 10 0100(' / ..'NG PA100x0/)o111R•'9CTI,/ ,p ( RWK i r PAO1FIT n PLACE ' .•I %" /. 1140 I E>7STMC EOCE 07 PAYFMNr' ro Q. I. • : .• 5l 1513 x110tMK TO.BC PIEROTTSK SKR. 1 .1 .- 414100•HHI[.IAC y .� ..�_._ W IDNO m WtaPSISTYIT I KAWILtSTREET ''- --- ___ °. -_ _.. �p*MX N.D.OF 06(140 1r Man 1P5. - , ro 1441010 STREET I� 11 I 10 07NNNRB MairAJ— I 184114630 I I CILV,•115.14 I • 1 u .g I. ' I s LEGEND . NEN APR.WSfl1011 1 i1 21r', NOr DOK1R7[PAHLINT g 7 ITfY Rax,PA409011 lei I' 0 SITE PLAN • . 0...19r•10p TO =a' . •d • _ i N CONSULTANTS ARCHITECT/ENGINEERS: ATHIIo CEOC;Tenant Office of i ENGINEERING . i Improvement Construction it I. PARTNERS "° ' '""" "-` °^°' and Facilities I• PN7 � •ro.,ww+ ,..,,,:t..,. -uuW.n 3,a KA1Nu 51TIBZ0 •'^"— I- ,a clonal,9&IH10iWiiP0720 • A I'1 ir 0�' Pw• HLO.T.Y.1 M I.• C-101 + .1 Management I[EE Mels P011 P13 JMC0I....316c.• t rb,M1, ,'f.}/ ils::::.O°1381.N! i 8 'Guyed 1 ir.a+l `i'1�I fQ i" Nwd'IIe.V.9.+ • ,' ,14a.r wweu `I +f.n,1 TI,T , 7 R4M t''(( RrvlYorr: OWW f! l'.:3.,',...,1. .I n wot.�°r.l re la....to MI ...201/ 4.x.7 1112 a �.,. I i I 2 I 3 I I6 I a I 7 I 5 '1 9 I ... _ 1 _ William P.Kenoi ,.4oJ�jv�oF H,hq;,, BJ Leithead Todd Mayor = \��Il�,; '•, Director i � f i� �•�i�ns 1 :} • =4"_m. .; Margaret K. Masunaga +.o( ew.,.. Deputy County of Hawai i PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 October 20, 2010 Mr. Thomas Stevens TNS Construction Co. P.O.Box 6219 Hilo,HI 96720 Dear Mr. Stevens: • SUBJECT: FINAL PLAN APPROVAL (PLA-10-000680) TWO-STORY OFFICE BUILDING TMK: 2-2-050:014; South Hilo,Hawaii We have reviewed the above-described plans for the Two-Story Office Building pursuant to FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL for your files. • Please be aware of the conditions of approval that are part of this FINAL PLAN APPROVAL for the subject improvements. These conditions, which are listed on page 2 of the FINAL PLAN APPROVAL document,must be complied with prior to the occupancy of the proposed Two-Story Office Building. Should you have any questions,please feel welcome to contact Larry Nakayama of this Department. Sincerely, BJ LEITHEAD TODD Planning Director LHN:kwr o:\plan approvals\2\PLA-10-000680FujiokaTMK2-2-050-0141etter.doc Hawaii County is f rung{tntgity Dtid Employer Exhibit #1'' OCT 221011 Mr. Thomas Stevens Page2 • October 20, 2010 Enclosure: PLA-10-000680 Form.doc xc w/enclosures: Planning Commission Division(Rezone— 1017) COUNTY OF HAWAI'I PLANNING DEPARTMENT FINAL PLAN APPROVAL (PLA-10-000680) APPLICANT: DATE APPROVED: TNS Construction Co./Craig Fujioka October 20, 2010 LOCATION: TAX MAP KEY: Corner of Kawili Street and Hinano Street 2-2-050:014 Hilo, Hawai`i 96720 PARCEL AREA/PROJECT SITE AREA: ZONING: 22,500 Sq. Ft. Industrial-Commercial Mixed District-20,000 sf (MCX-20) PROPOSED USE: Retail and Office Building As Shown on Plan Comments Front Yard (Kawili Street) 58' -0" OK, 20'-0" Minimum Required Front Yard (Hinano Street) 25' -0' OK, 20'-0" Minimum Required Side Yard (North) 4' -0" OK, 4'-0" Minimum Required • Side Yard (East) 10' -0" OK, 0'-0" Minimum Required Height of Structure(s) 26' -8" OK, 45'Maximum height allowed Access to Parking Off of Kawili and Hinano Street OK: Must meet with the requirements of the Department of Public Works Off-Street Parking 34 Stalls Shown: 28 Standard Stalls OK: 9,840 sq. ft./300 sq. ft. = 33 stalls (32.80) 4 Compact Stalls required including 2 ADA accessible stalls one of 2 ADA Van Accessible which must be ADA Van Accessible. 33% of Total parking stalls may be compact spaces. Loading and Unloading Parking None shown OK. One 12 feet x 50 feet loading space required. Density N/A N/A Final Plan Approval(TMK2-2-050:014) TNS Costruction Page 2 October 20,2010 Fencing and Walls none • Material: OK Height: OK Location: See Attached Site Plan OK Landscaping: OK: Complies with Rule 17 Planning Department Rules &Regulation Others Real Property Tax Clearance OK: Tax Clearance dated August 10, 2010 Drainage Study OK: See Condition 3 Solid Waste Management Plan OK: Rezone 1017 (Oridnance 03-108) OK Variance-10-014 OK: Approved September 24, 2010 Allows for 4 feet side yard setback along Northern boundary. Does this project have a Fair Share condition? YesMNo Approved by: Name: Date: Conditions of Approval: 1. Front yard landscaping to include a 10-foot wide landscaped strip to be planted with a minimum of one tree and 10 shrubs per 35 linear feet of frontage, excluding driveway openings. Where the plantings reIuired would result in an ina..ro.nate or im.ractical design due to underground utilities, overhead wires or other factors, 5 shrubs may be substituted for 1 tree. 2. Approved landscaping shall be installed in good condition prior to the issuance of the Certificate of Occupancy and shall be maintained in good health and with no accumulation of plant debris or litter thereafter. 3. A Drainage study shall be prepared and any drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy for any portion of the proposed development. 4. A Solid Waste Management Plan shall be submitted to the Department of Enviromental Management for review and a..roval. A cos of the a..roved .Ian shall be submitted to the Plannin_ De.artment prior to the issuance of the Certificate of Occupancy. 5. At least sixty-seven percent of the required parking shall be standard-sized parking spaces, and thirty-three percent may be compact stalls. 6. A..roved .arkin: to be .aved stri.ed and a..ro.riate si_ a:e installed .nor to issuance of the Certificate of Occupancy. 7. ADA van-accessible space shall be 9' wide by 18 feet deep, with an 8'-wide access aisle. 8. An accessible pathway from the ADA accessible parking spaces to the main entrance of the building shall have a clear width of 36" and a slope not exceeding 2% in accordance with Section 25-4-55 of Chapter 25,Hawai`i County Code. 9. A..licant shall com.1 with all other a..licable laws rules re:ulations and re•uirements of Hawai`i County. • Final Plan Approval(TMK2-2-050:014) TNS Costruction Page 3 October 20,2010 C. 9? � .� Planning Director • Date: October 20, 2010 o:\pl anapprovals\2\PLA-10-000680Fuj iokaTMK-2-2-050-014form 90 A STATE OF HAWAIJ BUREAU OF CONVEYANCESRECORDED g a 144,,4 1, June 5,20138:02 AM Doc No(s)A-49040816 1111 1111 is!NICK!ANN THOMPSON REGISTRAR 1 112 OFC B-32278532 . . ...:.....:.. LAND COURT SYSTEM : . -REGULAR SYS LEVI Return by Mail ( ) Pickup ( ) To: CRAIG K.FUJIOKA 75 Pu'uhonu Place Suite 104 Hilo,Hawaii 96720 THIS DOCUMENT CONTAINS ® PAGES TITLE OF DOCUMENT: GRANT OF EASEMENT PARTIES TO DOCUMENT: GRANTOR: VINCE M.KIMURA,married,whose mailing address is at 3 IA Makaala Street,Hilo,Hawaii 96720 GRANTEE: KA'WILI DEVELOPMENT,LLC,a Hawaii limited liability company,whose mailing address is at 75 Pu'uhonu Place,Suite 104,Hilo,Hawaii 96720 Dominant Parcel: Tax Map Key No. (3)2-2-050-014 Servient Parcel: Tax Map Key No.(3)2-2-050-038 Planning Dept. Exhibit 6 GRANT OF EASEMENT ,127 THIS GRANT OF EASEMENT,made this b day of 11 G , 2013, by and between VINCE M. KIMURA,married, whose mailing address is at 1A Makaala Street, Hilo,Hawaii 96720 ("Grantor"),and KAWILI DEVELOPMENT,LLC, a Hawaii limited liability company, whose mailing address is at 75 Pu'uhonu Place, Suite 104, Hilo, Hawaii 96720 ("Grantee"). WITNESSETH : THAT THE GRANTOR,for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00)paid by the Grantee,the receipt whereof is hereby acknowledged,and in further consideration of the covenants and conditions herein contained by the Grantee to be observed and Performed, does hereby bargain, sell, assignand grant unto the said Grantee, and the Grantee's successors and assigns, a perpetual and nonexclusive right and easement in, upon, through, over, under and across those certain premises(hereinafter referred to as the"Easement Area")described in Exhibit A attached hereto and incorporated herein by reference for ingress and egress purposes, including without limitation, the construction,reconstruction,installation,maintenance,operation, replacement and repair of improvements constructed for said purposes. The Easement is located on that certain parcel of land situate, lying and being at Waiakea,South Hilo,Island and County of Hawaii,State of Hawaii,and being designated on the tax r maps of the Third Taxation Division, State of Hawaii as Tax Map Key No. (3) 2-2-050-038,more particularly described in Exhibit B. The Easement is appurtenant to, and is granted for the sole benefit of that certain parcel of real property situate,lying and being at Waiakea,South Hilo,Island and County of Hawaii, State of Hawaii, and being designated on the tax maps of the Third Taxation Division, State of Hawaii as Tax Map Key No.(3)2-2-050-014,and more particularly described in Exhibit C attached hereto and made a part hereof. 2 pus auo ap.#T}.suoo latpo of Iltrts slredzalunoa pros pus Itul2po uE pautoop oq hugs goTtIMJ°nota `s Tedialunoo ug painoaxa oq Amu}uatrmi sur srq utp oath oloJatt sop_red.arts, '8 Joalaq Ixawoo oil" gurpr000u saaAolduia put `slaog o `sTuaSt `su2isss `sloSsaoons anRoadsax harp pile aaxuel0 pus 101.u81D atp Oprriouurais utalart past.I31101D1.M „aalue10„ put „1orue10„ slum"arts, 'L •aaluei0 of Ng-eked oq tar's golgmjo IIE `o ;uuip Aq luauJaseg att4 uttHIA pDUM0 sat tlgn atp Io. put s uaurasea pore sqfp plus alp ioj °Naked st st uogesuadtuoo 'ions `10wei0 atH rtrag lou lnq `Xuogine 2utauJapuoo atp wog.ganooal put uzpgo 0.;Op age °nett hugs aa4ue1O art4'i4u0rpne telu°uruianof Xuu Aq ua7"io pauuJapuoo oq hugs`joaiarp.°red Aue 10`polut1J Agaiatj Olt sluatuaseo put s;q u alp golqm ssoloe ssTura.gd art;aur! Aum it jI luI.L '9 •saotn aas, 3qi n Jo aoueua}ultui put uogeiodo `uop'ette.silt oq-4 30; SIatil010 suot tlothoo`sogun a}Enud 10 oggnd `sonlJogpne I uaunuanoE oa aurp o; aur!). wag sluautasea pue slttSu tions Jo suorllod 10"(RIO Slug-muff gssu 10 swut2X anlsnloxauou`aTquoonau!awl"'10 auo a3tecu O4 4.t 1 at{1 antq 'legs 104ueI9 pUE`antSnJJxauOu 01E ugarait paitrei s4.uauIasea put Srg3u arl,L 'S 'S4ueniDS 10 swage `gsan2 `si ogjo s}t `o raelp Jo aoua2f5au 2Lp wag. sflnsal Ita2tmp aid 10 sDS 1B lgeap .IO AlnEut `ogetaup `ssot gins uat{m 4uauiaseg arty jo asn alp wag.gutsr_re suosJod Jo gltop 10 `01 d1n fill.10J Aittlgtit Ire uroij Io4umiO arty ssaturreq axes put hputuaput Hugs aaluel0 •ularaq pallTuuad itlssaadxa fou asodind Aue 10J pasn oq 04 Bary 4uaugaseg alp monIe}oil Ilam pue`axy 4uatuasea aip unpint paims 1a pa3tltd oq of sorofqoA Jue Truod fou HIDA put `asnJai put Ia gt JO nolo 1pgeuose0l taw }uatuastg arta daa)j Ileus aa4uE10 aqs, •£ •olaiarp apgtogtdde suopeireal put sAve! IIu"Hyo. aouegtduroo uT pile`uop puoo Iadoid put ayes to Bale 3uatuaseg atp um-alum pile.ip dai`dant 04 woo aq Jo orals pnba ue itd`IoineJD att4 q-IyA Iatpa&o1 `hurts aa;ue1D apt;leu 'Z •atglssod,Cpgeuoseoi sT uontio4sal tpdns 31Tt3 3ua3xa Dip 013ti0m 1atp0 10 17.Eda1`not 01u3su00 guns 01 3oud Su 4sTxa uo41ipuo0 Sit o4°°nulla Aq palols91 oq Hells °mei° Aq paginmstp 411313 10 00110j `peal Aue 3o pile punol5 atp.Jo a0eJlns 0tp '003111310 �q pa;atduroo uooq sell 3Ir0M 101140 10 ItEda1 `uouonrlsuo0 Iue 1apu 4ett J 't SPAOTIOd Sid aallJv QIY,I,MVIN3AO3 xaian gaLNV1O QtqV 2IO.LNIV2IJ MIL QIP' R the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes,including without limitation, recordation,filing and delivery of this instrument,duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF,the parties hereto have executed this instrument on the day and year first above written. VINCE M. KIMURA GRANTOR KAWILI DEVELOPMENT, LLC, a Hawaii limited liability company By CRAIG K. 'JIOKA" ' Its Member GRANTEE 4 STATE OF HAWAII ) )SS. COUNTY OF HAWAII ) 2013,before me personally appeared VINCE M. KIMtJRA;to me personallyknown, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person,and if applicable in the capacity shown having been duly authorized to execute such instrument in such capacity. ,x\11ttIl1tt11: PETER K. KUBOTA it. *: 9?- , Notary Public, State of Hawaii • •, ' ,� >' P0//180 /f////1 111 t tt{�4`� Mcommission expires:4L17/2017 . ,,. \tip k K ko fire 2. NOTARY97. 31 CERTIFICATION :.* Docturien#Date: . .; No. of Pages: iv PET: R2.K. KUBOTA ��/i/tlrltl►l���� Document Name or Description: Notary Public, State of Hawaii errant of Easement Third Judicial Circuit: Date of Notarization: 1-S ..._,,,,,. My commission expires: 4/17/2017 5 • • STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On M A j 7 ,2013, before me personally appeared CRAIG K. FUJIOKA,to me personally known,who,being by me duly sworn or affirmed,did say that he is the sole member of KAWILI DEVELOPMENT, LLC, a Hawaii limited liability company, that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown having been duly authorized to execute such instrument in such capacity. 0°m"",/, ?Pi tf - 0, JILL v �• f'� Nami H 1 4. 4 o � N f* Q�. Notary Public, State o awaii ip„i-� , ., My commission expires: J NOTARY CERTIFICATION Document Date: .Vf F f!3 Citiqc. { • No. of Pages: {0 Name: 14• N et o Document Name or Description: Notary Public, State or Hawaii Grant of Easement Third.Judicial Circuit: Date of Notarization: -1'113 _ My commission expires: .5/411/-1- 6 /4-t" - 6 • DESCRIPTION EASE. = ' TB FOR INGRESS PURPOSES / All of that certain Easement parcel of land being a portion of Lot 6-A, Grant 12861,Portion of Waiakea House Lots Extension At Waiakea,South Hilo,Island of Hawaii,Hawaii Beginning at the southwest corner of this easement parcel of land, along the north side of Kawili Street,being also the southeast corner of Lot 7,Grant 10582,the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI"being 3,893.00 feet South and 9,843.10 feet East running by azimuths measured clockwise from true south: 1. 180° 00' 30.00 feet along Lot 7, Grant 10582; 2. 270° 00' 10.00 feet; 3, 06° 00' 30.00 feet; 4. 90° 00' 10.00 • . feet along the north side of Kawili Street,to the point of beginning and containing an area of 300 square feet,more or less. B Description Prepared By: Engineering Partners Inc. r9 PROFEttaMAL 7'1 LAND No.7 4 RisNALDO AURELIO Li -nsed Professional Land Surveyor Hilo Hawaii,March 2013 Certificate Number 7564 Tax Map Key: 3r'Div. 2-2-050: 038 por. Expires April 30,2014 EXHIBITA _ .PAE .E1OF2 • .x0188. .,..�._....... o LOT B o TMK (3) 2-2-050: 013 0 -\ N 0 LOT s-A K (3) 2-2-050: 038 I! TM VINCE M. KIMURA 31 MAKAALA STREET LOT 7P HILO, HAWAII 96720 TMK (3) 2--2-050: 014 0 (OWNER) t;.. KAWIU DEVELOPMENT LLC o azi 75 PUUHONU PLACE, STE 104 - HILO, HAWAII 96720o (OWNER) t - r)L„ . C9 ' EASEME'T "A' I �1 EASEMENT "BU FOR INGRESS PURPOSES o FOR INGRESS PURPOSES .IN FAVOR OF LOT 6-A o IN FAVOR OF LOT 7 _ 300 SQ. FT. 0 300 SQ. FT. 270'00'-� y---270'00' 10.00 1jr 10.00 1 , b I M o0 o a pa o� M j(io'45io')I o r _ 90'00' -�— 225.00' 90'00' 225.00' 3,893.00 S • 9,843.10 E uHALAIH A • KAWAHL1 'STREET Notes: 1) Azimuths and Distances ore based on measure and record Information and refer to Government Survey Triongutataion Station HALAI"A 2) Names) of Owner(s) were . . . . N5P a 44' taken from county tax records. i rficmasorm.. (-6 $ Na 74 * . Engineering Partners MAP SHOWING This work way preeponni by me Consulting Engineers w under my free supervision. P.O. Box 4159 EASEMENT "A", AFFECTING LOT 7, GRANT 10582 8 'G2,12,4"% Hilo, Hawaii 96720 EASEMENT "9", AFFECTING LOT 6—A, GRANT 12861 + Phone. 608 933-7900 POR. WAIAKEA HOUSE LOTS EXTENSION tkerrsed Prates ar terest surveyor SOUTH HILO &Nneata Number 786f Fax: $08 933-3533 WAIAKEA, Kes April&A 2014 contact@epin egrated.com ISLAND OF HAWAII, HAWAII Dote: March 26, 2013 EXHIBIT AGE 2 OF 2 JJLX SZ£S #qo1 Soot`£ I.snanr:poTea I JO T avd 0ZL96 IiuMMH`MITH palls aj00UT}I E sro.Sanmg IT /t }14uapuadapul a LL LL06 sohan.ms FII''I puoissaJo1d pa51[031-1 • 1lhsua4sILt3 ST TN 7 I!v LIDO'ON 0APrts ANY'1 IVI401613JCItill ate . 0444 ssat is atom }3 bs t7I6`zt Jo oars ire 2u cr 1100 pue 2nTuul0q Jo}u!od aq 01.`54o1 asnoH"e reNI`Sb 3L00IS`S Put L S4012uoTu xaaj 00"00Z “00 X00 .081 'S !punol adtd e 04 PaTIS Tirnt> I jo apzs ijou atg Suoju 400J 00•c64 «00 X00 006 "V `las odd o1 aures%tote laaj 8Z-8Z «00 ,00 °Si7 •£ :D1noq oouaiszp pug pr00 ag}`1OOJ 00.02 o stwer u giu&41.12g 0q4 04 OAJna u-cm'amain `.los adtd o�`slot asn0H ua3PreAi`SI,)tootg V-9 407 2110te 100J 00'08I «00 ,00 000 `Z `has adid n ol-`s4o1 asnoll uo BYE&`Si,31o01S`ti Pus S slot foots 100J o0'S t Z «oo ,o0 ooLZ "T :glees MEI moJJ 051/A3I0010 paifSBauz sq.nuuue Act 2urauru 031.101..p.pue 1.sua 400j 0t-Et-846 Fu's*Epos 3°°J 00'£69`£ ouraq I�' H,=wyggis uogeghltrelu&arms 41auzur0A09 of pauaJar Buiuu2aq Jo }utod plus Jo s01uutpioo0 atp.`slog 05110l-I 2 5P MM`S'b 31oom`S}o'I Jo r01uo0 2upq oste Wei Jo Iaomd spll Jo_mune asamrprou of u punt apds er3BuTu-apzEt nrH`stn uH Jo pueisl`oT?H 1t}110S `ua iuA Te palm's ma IM 1r L0 MAIN(WVSa RI r IaD®W 198Z1 1l 3 LV MOIDIOd V s10 1 ISf1OH ♦TFIVIVM .. St'YOUTH`IT-9.1011 • All of that certain parcel r f land (being portion(s) of the 34Ad(s? described in and covered by Land Patent Grant Nunbex 10j582 to T. s. M. dsorio) situate, lying and being at Ralakea, bistriOt of south Hilo, Island and County of Hawaii, State of Hawaii, being LOT 7, BLOCI "45", >[ the "7A '.HO1f8E LOTS 1-$T 8FaqBSA aid thus bounded . and describe : Beginning at a point on the east side n; Hinano Avenue, which point marks the northwest corner of this Lot 7 and the southwest corner of Lot 5, and which point lies 10.0,00 feet due .zouth of the northwest corner of Lot 5, Block 45, the coardinates of the latter corner, referred to Government Survey Triangulation Station " IAL " being 3,693.00 feet south and 9,631.00 feet east, a$ shown ori Government Survey Registered Map 2566 and from said point of beginning and running by azimuths measured clockwise from true South: 1. 270° 00' 225.00 feet along Lot 5, Block 451 2. 360° 00' 100.00 Meet along Lot 8, Block 45; 3. 90° 00' 225.00 feet along the government land; 4. 160° 00' 100.00 feet along the east side of Hinano Avenue to the point of beginning and containing an area of 22,500 square feet, more or less. • • • • • • • EXHIBIT (170 U STATE OF,HAWAII BUREAU OF CO:NVE.ANCES ',9404t, RECORDED June 5,20138:02 AM "aX# ; Doc No(s) A-49040817 • is/NICKI ANN T OMPSON 11 11\ REGISTRAR 1 212 OFC • B-32276532 LAND :O 'T 5y TEM�� ( ) To: l REGULAR SYSTEM Return by Mail ( ) VINCE M.KIMURA 31A Makaala Street I PIIS DpCi T.CONTAINS ID PAGES Hilo,Hawaii 46720 TITLE OF DOCUMENT: GRANT OF EASEMENT PARTIES TO DOCUMENT: �,I DEVELOPMENT,LLC,a Hawaii limited liability company,whose mailing address is at GRANTOR: � 75 Pu'uhonu Place,Suite 104,Hilo,Hawaii 96720 GRANTEE: MICE M.KINIURA,married,whose mailing address is at 31AMa gala Street,Hilo,Hawaii 96720 3 2-2-050-038 Servient Parcel: Tax Map Key No.(3)2-2-050-014 Doin-isiant Parcel: Tax Map Key No.( ) AND THE GRANTOR AND GRANTEE HEREBY COVENANT AND AGREE AS FOLLOWS: 1. That after any construction, repair or other work has been completed by Grantee, the surface of the ground and of any road, fence or trail disturbed by Grantee shall be restored by Grantee to its condition existing prior to such construction,repair or other work to the extent that such restoration is reasonably possible. 2. That the Grantee shall, together with the Grantor,pay an equal share of the costs to keep,repair and maintain the Easement area in safe and proper condition,and in compliance with all laws and regulations applicable thereto. 3. The Grantee shall keep the Easement Area reasonably clear of litter and refuse, and will not permit any vehicles to be parked or stored within the Easement Area,and will not allow the Easement Area to be used for any purpose not expressly permitted herein. 4. That Grantee shall indemnify and save harmless the Grantor from all liability for injury to, or death of persons arising from the use of the Easement when such loss, damage, injury or death arises or proximately results from the negligence of Grantee, its officers, guests, agents or servants. 5. The rights and easements granted herein are nonexclusive,and Grantor shall have the right to make one or more irrevocable,nonexclusive grants or assignments of all or portions of such rights and easements from time to time to governmental authorities, public or private utilities, corporations or others for the installation,operation and maintenance of utility services. 6. That if at any time the premises across which the rights and easements are hereby granted,or any part thereof,shall be condemned or taken by any governmental authority,the Grantee shall have the right to claim and recover from the condemning authority, but not from the Grantor, such compensation as is payable for the said rights and easements and for the utilities owned within the Easement by Grantee, all of which shall be payable to Grantee. 7. The terms "Grantor" and "Grantee" wherever used herein shall include the Grantor and Grantee and their respective successors, assigns, agents, officers, and employees according to the context thereof. 8. The parties hereto agree that this instrument maybe executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and 3 DESCRIPTION EASEMENT NT A FOR INGRESS PURPOSES All of that certain Easement parcel of land being a portion of Lot 7, Grant 10582,Portion of Waiakea House Lots Extension At Waiakea,South Hilo, Island of Hawaii,Hawaii Beginning at the southeast corner of this easement parcel of land, along the north side of Kawili Street,being also the southwest corner of Lot 6-A,Grant 12861,the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI"being 3,893.00 feet South and 9,843.10 feet East running by azimuths measured clockwise from true south: 1. 90° 00' 10,00 feet along the north side of Kawili Street; 2. 180° 00' .30.00 feet; 3. 270° 00' 10.00 feet; 4. 00° 00' 30.00 feet alonglot 6-A,Grant 12861, to the point • of beginning and containing an area of 300 square feet,more or less. •B ' ; �•':.-;q � - Description Prepared By: uceaseDt' Engineering Partners Inc. t � 4( No.75 471 c?4A11-4,:t,�' R �rA1_..e DO AURELIO ' Li &sed Professional Land Surveyor Hilo Hawaii,March 2013 • .Certificate Number 7564 Tax Map Key: 3''Div. 2-2-050: 014 por. Expires April 30,2014 • EXHIBIT . PAGE 1 OF 2 I • . 'o LOT D a '0 TMK (3) 2-2-050: 013 0 • �\ j (Ni LOT 6-A r ii '' TMK (3) 2-2-050: 038 VINCE M. KIMURA 31 MAI(AALA STREET LOT 7 HILO, HAWAII •96720 N TMK (3) 2-2-050: 014 0 (OWNER) �' �j KAWIU DEVELOPMENT LLC o o 75 PUUHONU PLACE, STE 104 4- p t, HILO, HAWAII 96720o (OWNER) • CY'''' - _ 'A' i EASEMENT EASEMENT "B' FOR INGRESS PURPOSES o FOR INGRESS PURPOSES .IN. FAVOR.OF LOT 6-A P IN FAVOR OF LOT 7 . 300 SQ. FT. 0300 SQ. FT. 270'00' 270.00' 10.00' I oo a , o a o0 fro (10) (10), 1 oo 'r 90'00' ---- 225.00' 90.00' 225.00' 3,893.00 S 9,843.10 E "HALM" • ' < AWA. ILI STREET Notes: 1) Azirnuths and Dlstonces Ordboned on measure and record , information and refer to Government Survey Trianguiatoion Station ' HA.AI"A 2) Norn (s) of .owner(s) were . . , a' �'�3 taken from county tax records. ' i4 inn ti ©j * No.7584 IV • \ �J r s :Engin-QOM Pgrti ers MAP S H O W I G This wait wan prpOnred by me 0070.ttu7g FSfgilieo s or under my 14etvftfct►. P.O. Box 4159 EASEMENT "A", AFFECTING LOT 7, GRANT 10582 • Kik, Hawaii 96720 EASEMENT "8", AFFECTING LOT 6—A, GRANT 12.861 ' Phone 808 933-7900 POR. WAIAKEA HOUSE LOTS EXTENSION .ms.pct end i Fax (808 933-3533 WAIAKEA, SOUTH' HILO t nsa�r.7554 contact@epintegrated oom ISLAND OF NAWAI'I, HAWAII �Qa 4 Datei March 26, 2013 • EXH1E1T PACE 2 OF 2 • • All of that certain parcel r)f Land (being portion(S) of the land(s) described in and covered by Land Patent Grant Number 10,582 to T. E. M: Osorio) situate, lying and being at Waiekea, t%strict of South Hilo, island and County of Hawaii, State of Hawaii, being LOT '7, fLOCti "45", 'St the "wALANEA-HOOSE LOTS 15T SERrES" and thus bounded , - and described: Beginning at a point on the east side rif Hinano Avenue, which point marks the northwest corner of this Lot 7 and the southwest corner of Lot 5, and which point lies 100.00 feat due south of the northwest corner of Lot 5, Block 45, the coordinates of the latter corner, referred to Government Survey Triangulation Station "EALA.I" beim 3,693.00 feet south and 9,631.00 feet east, as shown on Government Survey Registered Map 2566 and from said point of beginning and running by azimuths measured clockwise from true South: 1. 270° 00' 225.00 feet along Lot 5, Block 45; 2. 360° 00' 100.00 feet along Lot 8, Block 45; 3_ 90° 00' 225.00 Peet along the government land; 4_ 180° 00' 100.00 feet along the east side of Hinano Avenue to the point of beginning and containing an area of 22,500 square feet, more or less. • EXHIBIT • 1.1911-1X] SZ£S Igor coot`£ lsnZnV :palma I Jo I agd OZL96 ntsMEH`°TTH 1.9045 0I001z13{£iOZ sao.kaAms fltAitH luapuadapuI aujc, LL06 ioicatims Puri fauotssaJosd pasuaaI'I tastaalsut{3 S'ONN ri i(r4 • 3OA1meto'S o easseon -ssoi so atom`•1,1 •bs t�Ib`Zi�Jo rare-at&ututgluoo pure&uium oq Jo mod awl of`spi asnoH avapAN `Sig rom`g put L slog Suo'g laaJ 00.00Z «00 ,O0 o08I 'S `punoj odic e Ol loo S i'?Mg}'Jo opts i iou au'l 2uo't: la0.1 00'S6I „00 600 006 "j7 `.las acid of owes Swig loRT SZ.8Z «00 ,00 05t7 2utaq aouglsip pug tnunz paoo NI`laaI 00.Oz Jo sufpea Lata It'B1 aql of ammo g uo`aouags, `Ias did of`sIOZ asnoH ga p1ik`Sb v0'g`v-s 1O'I Pa3 00'08I LA0 MO 000 •Z `.las did 01'nor'asnoH gaaL M`9$7 3I00Ig`tT Pug g slo'j 2uoiv laaj Off SIZ 6,00 600 0012 'I :glias a11.4 wo.4 as1M310o'o pa nstama sglnurr, Aq Suiuuna=law put istg 100J OI'£ti8`6 Pug t T OS 1-0J O0'£69`£ ffutaq l�'I�v'H uoptls uotlg'n uu:uy icanms itauttuanoO of paatajai 2uiuupgaq Jo Tulod pies Jo r4gUlp3000 aql`slot astlOH z a4pItAk`SI, joolg`g log Jo J0ILI03 g Ig Euiaq os'g'put'Jo pared srtp Jo aatraoo lsamquou at{I le punoJ adds g Ig Sutuurgag • ItaM11H`iigAt?H Jo pug's'`0'iH was`galtrem W palgnlis purl I VIO D (INN swill-gala 01 I9SZI ,L0 NOIDIOcI V SLLO I asaon V MV1 VM St'3$301/1'1T-9.107 s • • the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation,filing and delivery of this instrument,duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above written. KAWILI DEVELOPMENT, LLC a Hawaii l' ed liab 't =ass•_ny--- f' By CRAIG f Its M- '•er GRANTOR • 1\)114"/' VENICE M. KIMURA GRANTEE 4 • STATE OF HAWAII ) SS. COUNTY OF HAWAII On /V,W 8 2013,before me personally appeared CRAIG K. FUJIOKA, to me personally-known, who did say that he is the sole Member of KAWILI DEVELOPMENT,LLC,a Hawaii limited liability company,being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown having been duly authorized to execute such instrument in such capacity. 0..A 6)14:4/ attr-Av /........ .. NanYe: 4.7?I( 44 i Nø Notary Public, State 0YHawaii etly9a 1,1•,11:V.1.1490-**':t. My commission expires: • 'situ a two% NOTARY CERTIFICATION -0 Document Date: /F/13 a ?"1/ • ak No. of Pages: Nam-41,1 0111 A. NIAS Document Name or Description: Notary Public,State of Hawaii Grant a easement Third Judicial Circuit: Date of Notarization: ••P1,3110 My commission expires: 5 STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On i'--b , 2013, before me personally appeared VINCE M. KIMURA, to me personally known, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person,and if applicable in the capacity shown having been duly authorized to execute such instrument in such capacity. .0 0titt«<l�r/ ��` K(j j',, PE R K. KUBOTA — ' 47'131 Notary Public, State of Hawaii. PuBt:t. My commission expires: 4/17/20P?"/, ttt►,n‘‘,ti NOTARY CERTIFICATION aw:'• .� Aft) a '4 q7-131 14 t.Document Data: — —:.�_ No. of Pages: Q PE ER K. KUBOTA , / 6tOtF`, `````�` Document Name or Description: Notary Public, State of Hawaii Grant of Easement Judicial Circuit: Date of Notarization: '��( My commission expires: 4/17/2017 6 DAVID Y.IGE :z_J VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII !s DIRECTOR OF HEALTH Wit '•/R'^JLT.3•L•'�"'-•`• .. _ __.... STATE OF HAWAII :'``'''y.6 JE�i1iiS DEPARTMENT OF HEALTH -. ..�w w._�. r. P.O.BOX 916 Js�-,r ,, HILO,HAWAII 96721-0916 =,,,• C tom' ' - .. 1 .' 0 stir .+7 f �f'...I"I MEMORANDUM =' i^ o DATE: July 18, 2017 m TO: Mr. Michael Yee --; Planning Director, County of Hawaii FROM: Eric Honda/hi District Environmental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No. 03-108 (REZ 1017) Applicant: Kawili Development, LLC (formerly I. Kitagawa& Co., Ltd.) Request: Amendment to Conditions BG and C of Ordinance No 03-108 TMK: 2-2-050:014 The Health Department found no environmental health concerns with regulatory implications in the submittals. Ph ening epty 112 8 6 2 EXhibit DAVID Y.IGE F`H�� VIRGINIA PRESSLER,M.D. £ -• 4�? DIRECTOR OF HEALTH GOVERNOR OF HAWAII .cP/;tses;••,,v,• 1 JUL �1 9 f 1 1't rPANIv�NG D _ice/ RTl�J91; .4xT COUNTY OF HAWAII STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: July 18, 2017 TO: Mr. Michael Yee Planning Director, County of Hawaii FROM: Eric Honda District Env •o mental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No. 03-108 (REZ 1017) Applicant: Kawili Development, LLC (formerly I. Kitagawa& Co., Ltd.) Request: Amendment to Conditions BG and C of Ordinance No 03-108 TMK: 2-2-050:014 The Health Department found no environmental health concerns with regulatory implications in the submittals. • Harry Kim 41! 04 H Ferr e ira Mayor ��� �- 27iP� I 55 Police Chief ♦ � ,nY PLANNING DEPARTMENT COUNTYOF HAWAII Kenneth P tgAdo:Jr. Deputy Police Chief County of__ aai'.i POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-8865 July 20, 2017 TO : MICHAE YEE, P -G DIRECTOR .. FROM : H-N Y AVAR: , ;J' ASSISTANT POLICE CHIEF ARE I PERATI S NS SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 03-108 (REZ 1017); APPLICANT: KAWILI DEVELOPMENT, LLC (FORMERLY I. KITAGAWA & CO., LTD.); REQUEST: AMENDMENT TO CONDITIONS B AND C OF ORDINANCE NO. 03-108; TAX MAP KEY: 2-2-050:014 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Greg Esteban, South Hilo Patrol, at 961-2214. GE:IIi 170665 Planning Dept. Exhibit ! _ 113023 "Hawaii County is an Equal Opportunity Provider and Employer" William A:Rucbarski Harry Ki Mayor „ Wilfred M.Okabe ''•�'oF as'`�' Diane"A:Nona :.. Managing Director x . Deputy Director DEPARTMENT OF ENVIRONMENTAL NAGE1V NT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawaii 96720 .. .. • (808)9614083•Fax(808)9614086 cohdem@co.hawaii.hi.us '` '` '` r ' http:/fwww.hawaiicountv.gov/environmental-management/ .., �... .,-.. , F ;. MEMORANDUM C? r� C=am p _ Zz co ) , Date : July 17,2017 a(D- m m -r- To To MICHAEL YEE,Planning Director ry From : WILLIAM A. KUCHARSKI,Director i; >� Subject: Amendment to Change of Zone Ordinance No.03-108(REZ 1017) Applicant: Kawili Development,LLC (formerly L Kitagawa& Co.,Ltd.) Request: Amendment to Conditions B and C of Ordinance No.03-108 TMK: 2-2-050:014 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will be submitted separately): SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the West Hawai`i Organics Facility and East Hawai`i Organics Facility, or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Planning Dept. Exhibit to WK:mt - I ') 0 County of Hawaii is an Equal Opportunity Provider and Employer. C' L,f '•�i Harry Kim "0", �« William A.Kucharski f/ Mayor _ Director Wilfred n Okabe - + Diane A.Noda Managing Director Deputy Director d HarkEi`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawai`i 96720 (808)961-8083•Fax(808)961-8086 cohdem@co.hawaii.hi.us http://www.hawaiicountv.gov/environmental-manag_ement/ MEMORANDUM Date : July 17,2017 To • MICHAEL YEE,Planning Director / From : WILLIAM A.KUCHARSKI, Director 1.0 Subject: Amendment to Change of Zone Ordinance No.03-108(REZ 1017) Applicant: Kawili Development,LLC (formerly I.Kitagawa&Co.,Ltd.) Request: Amendment to Conditions B and C of Ordinance No. 03-108 TMIK: 2-2-050:014 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawai'i County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. ( ) Check or line out as applicable: [ ]If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. (7� (X ) Other: WIND info indicates the property was connected to the County Sewer on 9/30/2013 7/27/17 WK:mt County of Hawai`i is an Equal Opportunity Provider and Employer. o WATER SL 4;1 t ; •1 666 • .` ' )4:4'9 ■DEARTMENT OF WATER SU■ PL.Y • COUNTY OF HAWAI`i U, 345 KEKANAO`A STREET, SUITE 20 HILO, HAWAII 96720 o HAPptl'u 4_ TELEPHONE (808) 961-8050 • FAX (808) 961-8657 August 4, 2017 oz C2 c _-- TO: TO: Mr. Michael Yee, Director O C Planning Department FROM: Keith K. Okamoto, Manager Chief Engineer Dz cn SUBJECT: Amendment to Change of Zone Ordinance No. 03-108 (REZ 1017) Applicant—Kawili Development, LLC Request: Amendment to Conditions B and C Tax Map Key 2-2-050:014 We have reviewed the subject request and have the following comments. Please be informed that the parcel does not have a water service with the Department. Water J p can be made available from an existing 8-inch waterline along Hinano Street or Kawili Street, fronting the subject parcel, in accordance with the Department's existing water availability conditions, which are subject to change without notice. Prior to issuing a water commitment for the proposed development, the applicant is requested to submit the following: 1. The anticipated maximum daily water usage calculations for the proposed development, prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. The water usage calculations should include the estimated peak flow (gallons per minute) and the total maximum daily water use (gallons per day). receipt the water usage calculations above, the Upon r ipt of hDepartment will decide as to the water commitment deposit amount and prevailing facilities charge, which are 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. Pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment deposit must be remitted. pP � P The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. Planning Dept. Exhib'It_ . . . Water, Our Most Precious resource . . . R a Wait 7cane . . . 1 1_ 3 2 3 The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Michael'Yee, Director Page 2 August 4, 2017 Should there beany questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, PC6L__ ceith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy— Kawili Development, LLC Mr. Sidney Fuke, Planning Consultant te, Harry Kim ''4oJ`y OF Hq• a'\ Darren J. Rosario Mayor .( L�'>• Fire Chief - - 1 Renwick J. Victorino •• Deputy Fire Chief 1T1 4Tf OO•HPC County of 3athai'i HAWAII FIRE DEPARTMENT 25 Aupuni Street®Suite 2501•Hilo,Hawaii 96720 > (808)932-2900®Fax(808)932-2928 Q Z • CZ. August 8,2017 CO TO: MICHAEL YEE, PLANNING DIRECTOR rn m FROM: DARREN J. ROSARIO,FIRE CHIEF t=?: SUBJECT: Amendment to Change of Zone Ordinance No. 03-108 (REZ 1017) Applicant: Kawili Development, LLC (foiinerly I Kitagawa& Co.,Ltd) Request: Amendment to Conditions B and C of Ordinance No. 03-108 Tax Map Key: 2-2-050:014 In regards to the above-mentioned Amendment to Change of Zone Ordinance Application,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. 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. Planningf. 0 ( Exhibit 11 f 3 3 0 Hawai'i County is an Equal Opportunity Provider and Employer. • Michael Yee August 8,2017 Page 2 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 400f 2 (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. • Michael Yee August 8,2017 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 t® 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. Michael Yee August 8, 2017 Page 4 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. 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 depai lucent 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 aspart of a fire department access road, it shall q p 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— 18.2.3.4.6.1The 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. Michael Yee August 8, 2017 Page 5 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. The designand use of traffic devices shall be 18.2.3.4.7 Traffic Calming Devices. calming 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 afire 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 Access-ways. 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. Michael Yee August 8,2017 Page 6 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. 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. Michael Yee August 8,2017 Page 7 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. 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. f y'#t � 3� i NO�'E In khat later'catOpiOlf sysl� s rah �a�g secl as �m ears©f water siiplaiy f®r fireigh g, such fsystems`shall meet th'a};foIto w hgFre'quirea encs: 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; Michael Yee August 8,2017 Page 8 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. 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. Michael Yee August 8, 2017 Page 9 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. 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. DARREN J. ROSARIO Fire Chief KV:ds DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII - :. H I LO, HAWAII DATE: August 9, 2017 TO: Michael Yee, Planning Director 00 4 / FROM: part - t of Public Works, Engineering Divisionrn Z SUBJECT: CHANGE OF ZONE APPLICATION (REZ 1017) Request: Amendment to Conditions B and C of Ordinance No. 03-108 Applicant: Kawili Development, LLC (formerly I. Kitagawa & Co., Ltd.) Land Owners: Nematollah & Tina Najibi TMK: 2-2-050:014 We have reviewed the subject request forwarded by your memo dated July 17, 2017 and provide the following: We have no comments or objection to granting a time extension. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. 113 3 3 Exhibit • WILLIAM J.AILA,JR. ABERCROMBIE :�E O1 I?-- NEIL CHAIRPERSON GOVERNOR OF HAWAII +' 19 59~'•�h'` BOARD OF LAN WATER RE TURAL RESOURCES �C p4 S ^ttii COMMISSION ON WATER RESOURCE 0f z 1�d Ef•: 1s I GUY B.KAULUKU RUT M 1 _i•-,2.%444:* SI' L FIRDEPUTY 3TLd • '4.4.d' ,� sSIC. WILLIAM M.TAM { -.-' -•'i F' I I DEPUTY DIRECTOR-WATER 1., • I AQUATIC RESOURCES "P-'^•..n..••••'• BOATING AND OCEAN RECREATION —�.LE ItE B C a BUREAU OF CONVEYANCES �T �f - COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS STATE OF HAWAII CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING 71:,=• FORESTRY AND W ILDLIFE %le oft-1023‘ DEPARTMENT OF LAND AND NATURAL RESOURCES IWLooLn HISTORICI mRRES vT'IOMn,LlssloN LAND STATE HISTORIC PRESERVATION DMSION STATE PARKS 601 KAMOKILA BOULEVARD,ROOM 555 KAPOLEI,HAWAII 96707 September 13,2011 Shayna Stevens LOG NO:2011.2272 TNS Construction Company DOC NO: 1109TD10 P.O.Box 6219 Archaeology Hilo,Hawai`i 96720 (shayna@tnshawaii.com) Dear Ms. Stevens: Subject: Chapter 6E-42 Historic Preservation Review— ' Hawaii County Grading Permit for a 0.52-Acre Parcel,Kanoelehua Industrial Lots Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK: (3)2-2-050:014 Thank you for requesting our review of the proposed application, which we received August 16, 2011. The permit is in connection with a new building, located at the northeast corner of East Kawili Street and Hinano Street. We have no records of prior reviews and no records of known historic properties within or near this parcel, which is shown as undeveloped land on maps dating to the 1950s. This parcel is within the Kanoelehua Industrial subdivision, which consists of late 20th century warehouses and small businesses. Parcel 14 has been previously filled and graded, and has been vacant since before 2003. There does not appear to be any potential for intact historic deposits or features, given the soil substrate of extremely stony muck in this area. Based on available information,we believe that no historic properties will be affected by this permit. In the unlikely event that historic resources, including human skeletal remains, artifacts, structural remnants or lava tubes are identified during the construction activities, please cease work in the immediate vicinity of the find, protect the fmd from additional disturbance,and contact the State Historic Preservation Division, Hawaii Island Section at(808)933-7653. Please contact me at(808) 933-7653 if you have any questions or concerns regarding this letter. Aloha, r 9 __/;F:et , Theresa K. Donham,Lead Archaeologist Hawaii Island Section Historic Preservation Division Planning Dept. Exhibit 1° :' SidneyFuke, Planning Consultant q ry • m a an a Zo 100 Pauahi Street,Suite 212 Hilo,; Hawah 9fi720 lann g n c '- nog p. ubdivision Land Use Permits Telephone (808)969 1522.. Fax (H08)969 7996., Email sidfukeC�hawai�antel net = . • E nvtronmontal Reporfs August 7,2017 Mr:Michael Yee,Director L� Planning Department COUNTY'16 .:'11A-' OF HAWAI'I 101'Fa tahl,Street :' ][h]o,HI;g672Q 3 Dear M Yee .: object• Tae Extension Request s Development,LLQ orme;rly I.Kitagawa& Cp.,1:,Lte .) Waiakea.,Soutth:Hilo,NiE,TMK:2-2-050:014 Thank you for providing Me With„,',,'agencycomnents to date'regardng the subject matter •In response_to those connnents,we note the,following a The State DDepartment of Health and County Solid_Waste Division<had either no • comments or clod not find anything of concern: _ , b The County Wastewater Division'correctly noted that the project,'site:has already been connected to:the County sewer line. • • c. The County Police Dep armient commented that it did"not aattcipate any .significant impact to traffic-and/or public safety concerns" . d. ]Finally,relative to the County Department of Water Si pply'scomments,as noted in'the time extension request,the applicant shall provide the water usage calculation studyand pay a the a . .ro riate,water commitment fee within one .. . py Pp p :::,... Hundred eight t 80 da sof the effective date of the time extension request: 1.•. . . ,. .',:: : ,,, y ::, ,. . . : , .:: .; 1 :::::::;-,::: .,...,,5,,....'...-,--N.7.:... ?''''e'''t'rust that this adequately addresses•those:co ents If•-not or•if#here are.: f: ' ' ''-',' 'urther agency or public comments on this matter,please feel free to direct them to this office.: Thank you very much! • ' Sincerely, (..,,,O, SIDNEY gFUKE; •• � , PlanningConsultant Cop I r Craig F ujioka, Kawili Development,LLC via ema l- PY : •: , : -......y.:,,..;;..., .. :::,..., .... ::.-:,....'.:...--, i-. ,.:,..::.: '.1:..., ; . Planne.ng Depi. 1 ;3 .. ExhibI# I f t RKawiliDevelopmentAmendREZshw 08/15/2017 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KAWILI DEVELOPMENT, LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 03 108 (REZ 1017) Upon review, the Planning Director recommends that a favorable recommendation of the request to amend Change of Zone Ordinance No. 03 108 be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following . findings: The applicant is requesting a time extension to comply with Conditions B and C. Condition B required a water commitment fee to be paid within ninety(90) days from the effective date of Ordinance 03 108. Condition C required construction to be completed within five(5) years from the effective date of Ordinance 03 108. If granted, the request will allow the water commitment fee to be paid within ninety(90) days and construction to be completed within five (5) years from the effective date of this amended Ordinance. The proposed project is an approximately 11,600-square foot building for office/retail spaces, to be occupied by the sole tenant, the Veterans Administration. The applicant has experienced unforeseen design delays and a change of land ownership, thus, the construction of the proposed project was not completed by the administratively granted deadline of July 9, 2013. The current applicant is committed to completing the construction and related improvements for this project. Additionally, the applicant is in the midst of securing a new contractor. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. In 2010, the applicant secured a Final Plan Approval for a two-story building consisting of five (5) office and five (5) retail spaces. The applicant also obtained a Variance Permit that allowed the structure to be positioned closer to the north property line. In 2012, Building Permit No. B2012-0184H was issued for the subject project. This Building Permit, as well as the related electrical -1- and plumbing permits are still open. On May 4, 2012, Kawili Development, LLC purchased the subject property from the former landowner. The applicant is in the midst of securing a new contractor. The applicant remains committed to completing the commercial development as evidenced by obtaining other related government approvals. Condition D was met when the reciprocal Grants of Easements for Easements "A" and "B"were recorded. Condition J was satisfied when the applicant connected the project to the county sewer line. Thus, the applicant has been working towards compliance with the conditions of the change of zone and non-performance is the result of conditions that could not have been foreseen and were beyond the control of the applicant. Approval of this request would not be contrary to the General Plan or Zoning Code nor the original reasons for granting the Change of Zone. There have not been any significant changes to the General Plan or Zoning Code for this area since the subject rezone was approved in 2003. At that time the General Plan LUPAG Map designation for the property was the same that it is today, Industrial. This designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. In the immediate area are a mix of residential and industrial land uses. Since 2003, three (3) separate parcels to the east have rezoned from RS-10 to MCX-20. Adjacent parcels to the north are zoned RS-10, each improved with a single-family dwelling. To the northwest, Change of Zone Ordinance 04 27 from residential to limited industrial district was approved for a parcel fronting Hinano Street. Immediately to the west, two parcels retain their original residential zoning. To the south are industrial properties. This subdivision was created in 1963 to accommodate some of the limited industrial uses that were affected by the May 1960 tsunami. The Hawai`i Community College campus is located across of East Kawili Street and diagonally to the southwest of the subject property. The County Council adopted concurrency requirements for water, roads and civil defense sirens. At this time, the subject parcel does not have current water service with the Department of Water Supply(DWS). County water can be made available from an existing 8-inch waterline along Hinano Street or Kawili Street, fronting the subject parcel, in accordance with the DWS's existing water availability conditions. The -2- 1 t applicant is required to submit the anticipated maximum daily water usage calculations for the proposed project, prepared by a professional engineer licensed in the State of Hawai`i for review and approval. DWS will determine the appropriate service lateral and meter size required based on the water demand calculations. These will be added as conditions of the amended Ordinance. The concurrency section of the Zoning Code states that a traffic study is required whenever a proposed development will generate over 50 peak hour trips. There is no land use category for a combined government medical and offices building in the Institute of Transportation Engineers Trip Generation Manual. Based on similar land uses, it is estimated that about 48 trips during the peak hour periods will be generated. Therefore, a Traffic Impact.Analysis Report is not required. Concurrency standards for civil defense sirens are met by a siren located nearby at the South Hilo Baseyard which provides coverage to the subject property. Thus, the proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. This favorable recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Industrial-Commercial Mixed Use Zoning district, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits,. compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 03 108. In addition, the Planning Director recommends that existing conditions in the Ordinance be revised to reflect the current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 03 108 is provided for your favorable consideration. Please note the -3- proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck-through; new material is underscored. -4- COUNTY OF HAWAII " ''' �• " STATE OF HAWAII . '1TE GF•N`�' . BILL NO. ORDINANCE NO. Q An lid 0 t 6( imfrn AN ORDINANCE AMENDING ORDINANCE NO. 03 108 WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-050:014. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 03 109 is amended as follows: "SECTION 2. 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 maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS" SECTION 2. [Material to be deleted is bracketed and stricken. New material is underscored]. Material to be repealed is bracketed and stricken. New material is underscored. SECTION 3. [.- -- - . - . . -: - . . . .- :, . - . . - -- : - -- - . .' . . Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- KS-10 I RS-I O RS-I OR5-I O R5-10 ' o - - - R5-1 O in ' Co8 in al Q 0 • • - • cac 6 Y c Cu . _ _ G I -i-Fu la -J • • I I 0 0 I R5-1 O I RS-I O I • RS-10 R5-10 : RS-10 . • I , E.Laniaula St. E.Lanikaula St. i 1 ' I°' I �NGLE-FAMILY RESIDENTIAL!(RS-10) O o R.5-10 ' I° TO IN USTRIAL-Cc MMERCIAL MIXED(MC�X-20) °I: 3,793 =.00 S i AREA 22,500 SQ.FT.' RS'IO D-; ML-20 F5_10. ML-10 9,631.00\E ML-20 _ "HALA1'a • _ -- - ML-I O N Et RS-!O RS-1O R5,10 in a com o - o �° C R5-IOC a �L Y R5-I 0 �a ML-20 ML-10 -J �Y T E.Kawili St. E. Kawili St. 1 - r • ML 20 ML-20 mow: R.5-_10 ML-20 ML-20 O 3 ML-20 ki N N , i° E E ML-20'4/ ea 0 Wl. E ML-20 a _ S ML-20 • ML-2.0 ML-20 ML-20 • 360 180 0 360 720 1,080 �����.�� • Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, I BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 2-2-050:014 Date:April 3,2003 EXHIBIT "A" (I.Kitagawa&Co.:1094) FOR REFERENCE ONLY. CKawiliDevelopinentLLCAmendREZ.doc-shw 8/15/2017 KAWILI DEVELOPMENT, LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 03 108 (REZ 1017) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety(90) days from the effective date of this ordinance. Prior to this payment, water calculations with anticipated maximum daily water usage as recommended by a [registered] professional engineer licensed in the State of Hawai`i shall be submitted to the Department of Water Supply. The applicant shall install a reduced pressure type backflow prevention assembly licensed in the State of Hawai`i, within five (5) feet of the water meter on private property. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department of Water Supply before commencement of water service. 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. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this amended ordinance. Prior to the start of construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structures, fire protection measures, paved driveway and parking stalls, common access easement, and other improvements associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. A continuous landscape buffer shall be provided along the entire northern property boundary. The landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements).' -1- D. A common access easement with the adjoining parcel identified by Tax Map Key 2-2-50:37 shall be provided along K[a]awili Street, meeting the approval of the Department of Public Works. This common access shall be limited to ingress traffic movements only. E. To decrease further traffic concerns at the intersection of K[a]awili Street and Maka`ala Street, the applicant shall coordinate with the landowners of the adjoining parcels identified by Tax Map Key 2-2-50:37 and 38 to provide internal traffic circulation between the proposed developments. F. The driveway connection to the subject parcel from K[a]awili Street and H[i]inano Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawai`i County Code and meet with the approval of Department of Public Works. G. The applicant shall construct roadway improvements to the entire frontage, exclusive of access points, along K[a]awili Street and H[i]inano Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, curb ramp, drainage improvements, and any required relocation of utilities. Said improvements shall be completely constructed in accordance with the requirements and approval of the Department of Public Works prior to the issuance of a certificate of occupancy for any portion of the proposed development. H. A 10-foot wide future road widening strip along the subject property's H[i]inano Street frontage shall be delineated on the plans submitted for Plan Approval review. The 10-foot wide future road widening strip, including all improvements required by Conditions F and G, shall be subdivided and dedicated to the County prior to the issuance of a certificate of occupancy for any portion of the proposed development. A drainage study shall be prepared and any drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy for any portion of the proposed development. -2- • J. The applicant shall connect to the existing County sewer lateral meeting with the approval of the Department of Environmental Management prior to the issuance of a certificate of occupancy. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval. A copy of the approved plan shall be submitted to the Planning Department prior to the issuance of Final Plan Approval. L. All earthwork activity shall conform to Chapter 10. Erosion and Sedimentation Control, of the Hawai`i County Code. M. The applicant shall comply with all applicable laws, rules, regulations and requirements [: . - - _ - •- : • ;; • • -- : ::: -: : • -- - -- ]. N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with, and the Planning Director acknowledges that further reports are not required. O. Should the Hawai`i County Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees. [e]Conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. P. [An initial extension of time for the performance of conditions within the -- I '- • - -- '- circumstances: 1. The non performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. -3- 3. Granting of the time extension would not be contrary to the original 4. The time extension granted shall be for a period not to exceed the period 5. The applicant should require an additional extension of time, the Planning D• - . : • - - . :: • . . . : -- • : appropriate action.] If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and the Hawai`i County Council for appropriate action. Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -4- KAWILI DEVELOPMENT CHANGE OF ZONE ORDINANCE NO. 03 108 (REZ 1017) LOCATION MAP , , , ■■ I ,.�_' Li l:■=JI �liii liii ,,,,,, , ,, , , F--3 , rill .4. .- • i � ' ■E- • _iii Emu ;:, __ � . 1 '''--J\IIIIIIIIIIE. Er , illillill 1111111111111 1 III T J - r ' W a Iiii, I -711 i ,-i - , . . . i 1 _._.._, . . .I :.1" , " mi 1" ' j-- 1 C I �, --. 1� � � iI A. i '—m........ .c- HawaiiI \ Community >- 4 4' \ - Colleger--- --, { -tib \ \\A Irill."1"-'-'17 ( ill +rpt \ \-• \ J \( ` ('''. \--A,, f yi 1 \ ti.r; \./ ) il 1 i THE APPLICANT IS REQUESTING: ....„wA,AA • AN AMENDMENT TO ALLOW TIME EXTENSIONS FOR CONDITIONS B AND C OF CHANGE OF ZONE ORDINANCE NO. 03 108 • FOR CONDITION B, THE APPLICANT IS REQUESTING THAT THE WATER COMMITMENT PAYMENT BE PAID WITHIN ONE HUNDRED EIGHTY ( 180) DAYS OF THE EFFECTIVE DATE OF THIS AMENDED ORDINANCE. • FOR CONDITION C, THE APPLICANT IS REQUESTING THAT THE CONSTRUCTION OF THE PROJECT BE COMPLETED WITHIN FIVE (5) YEARS FROM THE EFFECTIVE DATE OF THIS AMENDED ORDINANCE. J£ APPLICANT' S PROPOSED SITE PLAN ______ _ .. i i ,., •. ,,,;.t.• - I 1;11 '111,12211.01, i ---4n,--.._.. .___ ..... w-r..._ _ - $ I 6 :,r . • 1 i ,�,1 �, 41 f 4 r c -, • I 'i'.,' '., ..,. , , . •.. 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'.K.„amc L , _____ ---t,,,;1.—.1...u... , , .0; i 1----- 1-7.i 1 v A. , VL.... 11011.111011.1.1r ».. 1414477e4dw Iy 11?`4N •rr:„tru II; �, • �; .- _- ZONING MAP 111.1=11111111.1111A _1 r } Le O z _ ML-20 I MCX-20 I E KWH.,ST _ ---- — I r r • .0 t1 ' --""----"----\\ toC RS-10 ML-20 k R .-.....w`eazXz3.Wx�eN:+ww;uar,T��Nv+e.�x�Y.. :.' ,. ._.,,,, T'A.T'E, I.Jk.NI) LTE, 13()IINIDA.R.Y. IVIA_F' ,.::. iiiii II , E i r-tk'?4+4-SZ--_ t -- W yf [ i Z lui L J l ______.__ < I 1 1 I1LiI URBAN .] I Ei(JdILIST I■I - II I� I � 1, I I I ii y/l E i 1 F i GENERAL PLAN LUPAG MAP j - 1 Ii I j! I j ' I1 i 1 {_ r ii I. ' I ,. .-_*--__._.1_..__�__ --- 1 _ t ---I l ! I I A ' -� I. -S �-�`� MDU i _ , , x I A 10 A I 0 0 lUd'H )1114,4--tiftl al•. ..„........ .. ...-- 4,..: At k 1 mg a 14U v , ate , 13 t*. 1 1.1 i s r a i4 '# r . oola ..,--. -.... . _A. !„.,:,.------,,,-,. SITE PHOTOGRAPH ,f„,„„,,,,,„ -1„. .-,r,A 4 f • ava�i J v3 4- sw 6 til/ rad „ y� LL, -- tee. _ f v n. Wiriiitrif SITE PHOTOGRAPHS (STREET) listisfa iiiirol**IN 4,-Allfew,o,,AS f•a#:),....,,,,, ,v,, Below photo: -- -.•-,•-" Standing at the corner of Hinano Al, and East Kawili Street. Subject property is on the left. If es- - ' '''.:44:'-- '' • $7' ' -'4'''''=.;,54,,,V ‘r-';' k'''-:-*';.- • ":-'''-'4'''''''','''''-'-T-'• - ' ••••== 04;11 i Mg ';;•;'-'---.4 ii --:•;';''''l ''''''''''--''''-----'-----'''''''' ---- ' ' - -;-'7' - - - ' ; ' ' - - - ei .. ;„.---- : ,..4 :•-"--"i1-•Vialiirl '''-:" ' - ',....:.:..' -'': ii- - , ,.. . . Street ..-t7;,.i,,,.:, . '1:-..,i-' 7-7, 1 - • . „___----- • _-.:_ ' .111P ._ . ............... ..r............ 7 11 g % ii ''''''''-''. -•-`,'.7': ' l': ':' 3! -- . - t.11' - ..,- East .,... ..- , Ka- l4iiii . - . . . . .. . . Above photo: Standing on East Kawili Street, .„.....__.........._....a......... ... looking north towards Hinano Street. Hinano . ,, Subject property at right. Egress is 1 .:..., :. :.' , proposed onto Hinano Street. '. ,. ., •,=,-,-;•;gei,v,iitiilit'itii,--k.,(Q,"it..4.--•If.- -,---,4:,.....: SITE PHOIOG ' A HS (easement . 1 1Below photo: , Closer view of Grant of Easements "A" --1--- _ and "B" with ingress from East Kawili Street. Subject property is on the left. i Vii, . s s I. lid i � xk ,,.u.• .::. «S�r...r-.�.-.., �..r�' » ,..v,..� ., ..... ire+'. '..�.�.. t ..; •.L. �� }l t .a. ----—_ i •ress •ur eases. - ,� Above photo. - -W ' , . This photo shows Easemen s and "B" from East Kawili Street. ., iiiiiik liar mar ,L,:..).T:''''''ZI.4':,,z--''•-,,-'---,---,,,,• -••—•,- • • -•- -- - •' — -'' --'' ' - *—*".:. SITE PHOl'OGRAPHS ----„, - ,, , ., .. , ......_ , ,, Below photo: A closer view, showing the easement ingress. .... . -..•,„„z„..-..,_ ..,,,.:,L . .. . ,..,,..,,, , .:,. ,,,,, ---:--...:„._ --- -. ' . .,. .,... . ____-....... • .., . • 11,..11.,-i,-t--. . 4. - ' cV1 ' I ' ;?' t'''!H"' i ' ' •. '4 .' ''-. tos-k. 11,..0 ,_ '-.: ,. , ,_-'. •''. _1 ''---'-. .', '', ' i - ;- • `.., - -- - ---•,.... ................ .000iui.o..vio.miv.moi 441•...,,,,, „....-- -- :•,-, -- -- , Above photo: , Standing on East Kawili Street, 41 looking west towards the Hawai`i Community College. Subject „• , -., property at right. .., ,.....„...,. ,,... ., . ..... ____ PLANNING DIRECTOR' S RECOMMENDATION : FAVORABLE RECOMMENDATION TO AMEND THE CHANGE OF ZONE REQUEST TO THE COUNTY COUNCIL WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT SEPTEMBER 7, 2017 A regularly advertised hearing on the application of KAWILI DEVELOPMENT, LLC (formerly I. Kitagawa & Co., Ltd.) (REZ 1017) was called to order at 9:02 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: Joe Clarkson, Gregory Henkel, Myles Miyasato, and Thomas Raffipiy. ABSENT & EXCUSED: Donn Dela Cruz and Donald Ikeda. ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow(Planning Program Manager), Maija Jackson (Planner), Christian Kay(Planner), Shancy Watanabe (Planner), and Sarah Hata-Finley(Commission Secretary) And 5 members from the public in attendance APPLICANT: KAWILI DEVELOPMENT, LLC (FORMERLY I. KITIGAWA & CO., LTD.) (REZ 1017) Request for an extension of time to,comply with Condition B (required water commitment payment) and Condition C(Complete Constructior)_of Ordinance No. 03 108, which reclassified approximately.22,500 square feet of land from a Single-Family Residential-10,000 square feet (RS-10) zoning district:to an Industrial-Commercial Mixed Use-20,000 square feet (MCX-20) zoning district. The property is located at the northeast corner of the East Kawili Street and Hinano Street intersection;.Waiakea House Lots Extension, Waiakea, South Hilo, Hawai`i, TMK: 2-2-050:014. HENKEL: And with,that, we'll proceed to the first and only agenda item today which is REZ 1017, Kawili Development, LLC, and it looks like Shancy will be making the presentation. WATANABE: Thank you.: Good morning, everyone. The Applicant is Kawili Development. This application is for an amendment to a Change of Zone ordinance. This is the location map. For orientation, East Kawili Street runs in the east to west direction in the Waiakea House Lots Extension in the South Hilo District. Hinano Street runs in a north to south direction. The subject property is outlined in black, and is located at the corner of Hinano Street and East Kawili Street. The Hawaii Community College is just diagonally across the subject property. 1 The Applicant is requesting an amendment to allow time extensions for Conditions B and C of Change of Zone Ordinance No. 03-108. For Condition B, the Applicant is requesting that the water commitment payment be paid within 90 days of the effective date of this amended ordinance. For Condition C, the Applicant is requesting that the construction of the project be completed within five years from the effective date of this amended ordinance. The Applicant provided this site plan showing the proposed building shaded in yellow. The proposed parking areas are shaded in purple. Easements "A" and "B" for ingress purposes are from East Kawili Street shown and labeled in red. According to this site plan, egress is proposed onto Hinano Street. This is the zoning map. The subject property is zoned MCX-20, or Industrial-Commercial Mixed Use, as shown in the twilight color and highlighted in red. Residential zoning is shown in the light yellow; Commercial zoning is shown in the light pink; and Industrial in the various shades of gray. This is the State Land Use Boundary Map. The subject property is highlighted in red and designated as State Land Use Urban, shown in the light pink, as are the surrounding properties. This is the General Plan Land Use Pattern Allocation Guide Map. The subject property is highlighted in red and designated as Industrial as shown in, in the gray color. The goldenrod color represents Medium Density Urban. This is an aerial photograph of the subject property at the corner of East Kawili and Hinano Streets. The subject site consists of a two-level shell building. The interior improvements, as well as the site improvements, are still under construction. This site photo was taken directly looking at thesubject property. East Kawili Street runs in an east to westdirection, and Hinano Street is not shown in this photo but is located to the left of this building. Also, not shown in this photo are the easements for ingress purposes which would be located right in this area hereon the right. The photo on the left was taken standing on East Kawili Street looking north towards Hinano Street. The subject property isshown on the right, and the egress is proposed onto Hinano Street. The photo on the right was taken standing towards East Kawili Street, and Hinano Street is on your left here. The subject property is here. The photo on the left shows the ingress for Easements A and B from East Kawili Street—right in this area. The photo on the right is a closer view of Easements A and B for ingress purposes. The photo on the left was taken standing on East Kawili Street looking towards the Hawaii Community College. The subject property is on the right. The photo on the right is a closer view of the ingress easements from East Kawili Street looking in the same direction. 2 • Please know that there is a correction to the purchase date of the subject property. The correct purchase date is December 28th 2009, and not May 4, 2012, as indicated in the Background Report. The Background Report will reflect the corrected date. Please accept my apology for any inconveniences. The Planning Director respectfully recommends approval with conditions for the amendment of this Change of Zone request to the County Council. This concludes my presentation. I'm happy to answer any questions the Planning Commission may have. Thank you. HENKEL: Thanks, Shancy. Are there any questions of staff from the Commission? RAFFIPIY: I have a question. The egress and the ingress— HENKEL: —Use your microphone, please, Thomas. RAFFIPIY: Oh, sorry. The egress and the ingress You said the egress, egressis on HInano, right? And, the ingress will be on Kawili? WATANABE: Yes. - RAFFIPIY: Okay. WATANABE: Yes RAFFIPIY: All right. Thank you, thank you. WATANABE You're welcome. CLARKSON: I also have a question, and it has to do with the agreed to improvements to the street frontage,the widening arid sidewalks. Could you please show us the picture of—yeah, that, well, that was there. That's good. It looks like there's a sidewalk already there that fronts the, on Kawili Street that fronts the entire building? HALL: Yeah, the other side That's the other building. Next to it. WATANABE: So, from this view up to here is actually the next property. Our building is here. CLARKSON: Right. WATANABE: And, that's the frontage there. What's really improved for this property is just where the ingress is because from here towards us, facing us, is the next property. 3 CLARKSON: Okay, so, has the road widening been completed further east on Kawili Street? I'm just bringing this up because of the whole issue of having widened, non-widened, widened, non-widened, and— WATANABE: —I think further site improvements are still needed for the property. CLARKSON: Okay. WATANABE: We can see that there's still, there's still some areas that are not up to Department,of Public Works' standards just yet as more site improvements are still needed. CLARKSON: Okay. DARROW: [Inaudible.] CLARKSON: Okay, I heard that. WATANABE: Okay. - DARROW: So, the, the first half of the block has already been completed so now you'll have the completion for the whole block. Thank:you. That's what I needed to know. HENKEL: Any other questions? Thank you, Shancy. Will the Applicant and/or their representation please come forward? Good morning..Please have a°seat, and raise your right hand. Do you swear or affirm to tell the truth in this matter before the Planning Commission? FUJIOKA: Yes. HENKEL: 'Thanks. Please state your name, and speak directly into the microphone. FUJIOKA My name is Craig Fu�iok'a..,I've reviewed the Background Report and • Recommendation, and I find them both acceptable, and I'd just like to thank the staff for their favorable recommendation. `,. HENKEL: Thank you,Dr. Fujioka. Are there any questions? MIYASATO: Chair, I have a question. HENKEL: Mr. Miyasato. MIYASATO: There was an exhibit on these, Exhibit 11, letter"d", small letter"d." It, at the bottom sentence, it goes to a 180 days. Is that for the payment? HALL: I have an extra one [inaudible]. [Ms. Hall handed Mr. Fujioka a copy of the Background Report.] 4 MIYASATO: It says pay the appropriate water commitment fee `cause the condition has 90 days? Condition B? FUJIOKA: I think it was supposed to be 90 days—. HATA-FINLEY: Microphone. FUJIOKA: I think it was supposed to be 90 days. MIYASATO: Okay, so you folks agree to the 90 days? FUJIOKA: Yeah. MIYASATO: Okay, thank you. HENKEL: Any other questions? RAFFIPIY: Oh— HENKEL: Yes, Tom. RAFFIPIY: Question. Can I ask a question pertaining to the,the, you know, what I wanted to, what I wanted to know is this is going to be.occupied by-VA right?. _ FUJIOKA: Yes. RAFFIPIY: Are there any requirements from Federal Government from VA that they'll impose on you folks, I mean, I don't know, if-there's any requirement that they asked you to do with the facility to be acceptable:to them? ---- - FUJIOKA'--Well, we had'to do like a seismic compliance study, yeah. RAFFIPIY: Okay. As far as ADA, I mean . FUJIOKA: Oh yeah,has to be ADA also. RAFFIPIY: All right. Thank you. HENKEL: Thank you, Tom. Any other questions? Then, thank you. You may be seated. And, we have no one signed up for public testimony. Is there anybody that would like to testify? Okay, then, we should have a motion to close public testimony. MIYASATO: Chair, I make a motion to close public testimony. CLARKSON: Second. 5 HENKEL: It's been moved and seconded to close public testimony. All in favor say aye? COMMISSIONERS: Aye. HENKEL: Opposed? Public testimony is closed. Then we're ready for a— WATANABE: —Okay, could we— HENKEL: I'm sorry. Shancy? WATANABE: Okay, thank you. I'm sorry. We'll go ahead and make a correction to the record to reflect the 180 days as the Applicant has requested. The 90 days was in the original ordinance, but we'll change it to 180. HENKEL: Okay. WATANABE: Yeah. HENKEL: Noted, a 180 days is the new— WATANABE: For Condition B, yes. HENKEL: Condition for finishing with that, we'll look for a motion for action. MIYASATO: Chair, I'll make a motion. I move that a favorable recommendation be forwarded to the County Council on the application to amend Change of Zone Ordinance No. 03-108 be approved based on the Planning Director's recommendations and findings, which shall be adopted with the amendment and change to Condition B,be changed to that 180 days. RAFFIPIY: Second. HENKEL: It'sbeen moved by Commissioner Miyasato. Seconded by Commissioner Raffipiy. We'll do a roll call vote. WATANABE: All right, thank you. Commissioner Miyasato? MIYASATO: Aye. WATANABE: Commissioner Raffipiy? RAFFIPIY: Aye. WATANABE: Commissioner Clarkson? CLARKSON: Aye. 6 WATANABE: And, Chair Henkel? HENKEL: Aye. WATANABE: Okay, the motion carries four, zero. Thank you. HENKEL: And, you'll be notified in writing of the Commissioners [sic] results. Thank you. The discussion ended at 9:15 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 7