Loading...
HomeMy WebLinkAboutCOM 1025.000 2016-2018 y• ', ••• Wil Okabe nn • Managing Director Harry Kim *:A � : '��• Mayor • --`• Barbara J.Kossow •• 45A4. . Deputy Managing Director 17iU.Cn utf of� x i`i ®ffirt >if**vim 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Me Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 Ca August 1, 2018 -a� cp Valerie T. Poindexter, Council Chair '9 ,c and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Poindexter and Members: SUBJECT: Ni Amendment to Change of Zone Ordinance No. 07-166 (REZ 06-000047) Applicant: Michelle A. Mitchell (formerly Malulani, Inc.) Request: Five-Year Time Extension to Condition C (Complete Construction) Tax Map Key: 2-3-037:015 Amendment to Change of Zone Ordinance No. 08-20 (REZ 07-000071) Applicant: Dien-Jung Lin (formerly Dien-Jung Nekoba) Request: Amendment to Condition B (Required Water Commitment) and Condition C (Conversion of Dwelling into Office Uses) Tax Map Key: 2-2-036:025 and 026 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letters and enclosures regarding the above-referenced requests. Since-ly, / WIL OKABE Managing Director Mtranscounci 1REZ06-047REZ07-071 Enclosures Comm. No. ( U as Ref. To: [?C cc: Planning Department Ref. Dote AUG 0 9 2018. <Bi I I 11 �' County of Hawai`i is an Equal Opportunity Provider and Employer. sort. �FH` Harry Kim `"„ \\Jai,. Joseph Clarkson, Chair y .� Donald Ikeda,Vice Chair •Ma or •. • Gilbert Aguinaldo w; Donn Dela Cruz rE;4;1•4'100- • Thomas Raffipiy John Replogle 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 AUG -. 1 2018 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. 07-166 (REZ 06-000047) Applicant: Michelle A. Mitchell (formerly Malulani, Inc.) Request: Five-Year Time Extension to Condition C (Complete Construction) Tax Map Key: 2-3-037:015 The Windward Planning Commission, at its duly held public hearing on July 5, 2018, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 07-166. The property is located on the south side of Ponahawai Street, approximately 650 feet east of its intersection with Komohana Street, Ponahawai, 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 5-year time extension to comply with Condition C, which required completion of construction within five (5) years from the effective date of Change of Zone Ordinance No. 07 166, which reclassified approximately 1.278-acres from the Agricultural-1 acre (A-la) district to the Multiple-Family Residential-5,500 square feet (RM-5.5) zoning district in 2007. Approval of this amendment request will allow the completion of construction within,five (5) years of the effective date of this amended Ordinance. The original applicant, Malulani, Inc., intended to construct a 10-unit Hawai`i County is an Equal Opportunity Provider and Employer Valerie T. Poindexter, Council Chair and Members of the County Council Page 2 apartment building. On November 8, 2011, Dr. Michelle Anne Mitchell, a doctor with Hawai`i Family Health (HFH), purchased the subject property with the intent to construct a medical clinic instead of the apartment building. On September 23, 2013, the Planning Director granted a 5-year administrative time extension to comply with Condition C, which required the completion of construction by November 2, 2017. In 2015, the applicant and contractor encountered an unforeseen and unanticipated rise in construction costs. According to the applicant, the mission of HFH is to provide quality health care services to the community. HFH intends to relocate from their existing location in a repurposed residential building into this new and larger facility currently under construction. The new facility includes two (2) additional medical office tenant spaces. Currently, the building is roughly 80% complete and the applicant remains committed to completing the construction and related improvements for this project. According to the applicant, construction completion is on track to finish later this year. Dr. Mitchell is looking forward to providing a modern medical services facility to the East Hawai`i community. 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. As previously stated, the applicant and contractor encountered an unforeseen and unanticipated rise in construction costs which slowed the completion of the medical office. Dr. Mitchell purchased the subject property in 2011, and has since worked diligently to secure the following government permits and approvals: • Use Permit No. 13-000042 to establish a medical clinic in 2013. • Final Plan Approval for a medical clinic in 2014. • Approval of a drainage study from the Department of Public Works Engineering Division, as required by Condition K of the subject ordinance in 2014. • Approval of a Solid Waste Management Plan from the Department of Environmental Management Solid Waste Division, as required by Condition L of the subject ordinance in 2014. • Building,plumbing and electrical permits from the Department of Public Works Building Division in 2016. Construction is actively underway with building inspections occurring at the required milestones. Valerie T. Poindexter, Council Chair and Members of the County Council Page 3 Thus, the applicant has been working towards compliance with the conditions of the change of zone ordinance 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. The original reasons for the approval of the change of zone are still applicable, and the request is not contrary to these reasons. The zoning was originally approved in 2007 to provide additional land for multiple-family land uses in Hilo in close proximity to existing services. The applicant is currently constructing a medical clinic and related improvements, which the Planning Commission granted in 2013 as Use Permit No. 13-000042. The Public Facilities-Health and Sanitation Element of the General Plan encourages the establishment or expansion of community health centers and rural health clinics. The proposed medical clinic, whose mission is to provide quality health care services to our community, will fulfill this need in the community, and therefore is consistent with the General Plan. The applicant is seeking additional time to complete construction of the medical facility and related improvements. The Planning Department is supportive of the request for a time extension to complete construction as the applicant has been consistently working towards meeting the conditions of approval. In a July 10, 2013 memo, the DPW-Engineering Division stated that a portion of the subject property is in an area designated as Flood Zone A on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency(FEMA). Flood Zone A is the Special Flood Hazard Area inundated by the 100-year flood where no base flood elevations are determined. However, the drainage easement "D-6" designation accurately defines the flood inundation area. In an April 13, 2018 memo, DPW-Engineering Division stated that they have no objection to a time extension to complete construction. In the immediate area are a mix of agricultural and commercial land uses. Located at the northeast corner of the Ponahawai and Komohana Streets intersection is the Ka Waena Lapa'au medical office complex. The adjacent parcel to the east and south is commercially zoned, and is vacant of any structures or improvements. The adjacent parcel to the west is agriculturally zoned, and vacant of any structures or improvements. Valerie T. Poindexter, Council Chair and Members of the County Council Page 4 To the north is a vacant agricultural property. Recent nearby ordinances that changed the district from agricultural to neighborhood commercial include Change of Zone Ordinance No. 10 045 for TMK: (3) 2-3-037:006 and Change of Zone Ordinance No. 15 002 for TMK: (3) 2-3-037:012. There was no formal flora/fauna study conducted for this time extension request. Due to previous grading and grubbing in the area, the applicant indicated that it is unlikely that any threatened or endangered flora or fauna species are present on the property. At the time of this writing, the U.S. Fish and Wildlife (USFWS) has not provided comments on the subject project. However, for other projects nearby, the USFWS commented that the endangered Hawaiian Hawk and Hawaiian Hoary Bat have been observed in the vicinity of the proposed project. In addition, the endangered Hawaiian Petrel, the threatened Newell's shearwater and the band-rumped storm petrel may transit the project area. In those projects, the USFWS recommended mitigation measures to avoid and minimize project impacts to the listed species. According to USFWS, "potential impacts to seabirds can be minimized by: 1) shielding outdoor lights associated with the project, particularly when used during each year's peak fledging period (September 15 through December 15); 2) avoiding night-time construction; and 3) providing all project staff with information regarding seabird fallout. The Planning Director recommends adding a condition to address outdoor lights and avoiding night-time construction in order to mitigate impacts on these known endangered species. The Planning Director recommends updating Condition M relating to historic sites and Condition 0 relating to fair share to reflect the current standard language for conditions of approval, as well as deleting the requirement for a Plan Approval since the applicant secured Final Plan Approval in 2014 for the medical facility. The County Council adopted concurrency requirements for water, roads and civil defense sirens. County water is available to the site. The Department of Water Supply (DWS) stated that they do not object to the subject time extension request and that their comments in a November 22, 2017 letter still stands. The Planning Director recommends updating the condition language to reflect that the applicant shall maintain the water commitments obtained from the Department of Water Supply, as required. The Zoning Code concurrency section requires a Traffic Impact Analysis Report (TIAR) whenever a proposed development will generate over 50 peak hour trips. As this amendment request is for a 5-year time extension to complete construction and no Valerie T. Poindexter, Council Chair and Members of the County Council Page 5 proposed expansion of uses or structures, this action will not require a TIAR. Condition H of Ordinance No. 07 166 states that the applicant shall install street lights and traffic control as the DPW-Traffic Division may require. This condition will remain. standards for civil defense sirens are met bytwo (2) existingcivil Concurrency defense sirens within range of the subject property, one at Gilbert Carvalho Park and the other at the Mohouli Park. Therefore, there is no requirement for the applicant to install any additional civil defense sirens for this amendment request. The proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. During the review of this application, our office sought comments from other government offices to understand how their rules and regulations will impact the amendment request. To ensure compliance with their regulations, their comments are conditions of the attached recommendation. On the record and if deemed necessary, the Planning Commission may suggest adding, modifying or deleting a portion or all of the language for any of the conditions attached to this recommendation report. The Planning Commission's recommendation will go to the County Council as the final authority who may grant this amendment for a Change of Zone Ordinance. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal governmental requirements in connection with the approved use,prior to and during its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), compliance with State Health Department environmental/sanitation/health-related regulations, drainage plan, among many others. Compliance with all applicable governmental requirements is a condition of this approval, and 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 preceding, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 07 166. In addition, the Planning Director recommends revising the existing conditions in the Ordinance to Valerie T. Poindexter, Council Chair and Members of the County Council Page6 reflect the current standard language for conditions of approval. The accompanying draft bill reflects these recommendations and changes. Material to be deleted is bracketed and struck-through; 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, r Jo ph Clarkson, Chairman Windward Planning Commission LMitchellAmendREZ06-047wpc2 Enclosures cc: Merrick F. Patten, Koa Architects LLC Michelle A. Mitchell Department of Public Works Department of Water Supply DOT-Highways, Honolulu Amy Self, Esq., Corporation Counsel BMichelleAnneMitchellAmendREZandAmendUSE.doc-shw with CK edits 6/21/2018 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MICHELLE ANNE MITCHELL (FORMERLY MALULANI, INC.) , AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 07 166 (REZ 06-000047) AMENDMENT TO USE PERMIT APPLICATION NO. 13-000042 (USE 13-000042) MICHELLE ANNE MITCHELL (FORMERLY MALULANI, INC.) has submitted a request for a 5-year time extension to comply with Condition C (Complete Construction) of Change of Zone Ordinance No. 07 166, which reclassified approximately 1.278-acres from the Agricultural-1 acre (A-la) district to the Multiple-Family Residential-5,500 square feet (RM-5.5) zoning district in 2007, and Condition No. 4 (Complete Construction) of Use Permit No. 13-000042, issued in 2013 to allow the establishment of a medical clinic and accessory uses on the property. The subject property is located on the south side of Ponahawai Street, approximately 650 feet east of its intersection with Komohana Street, Ponahawai, South Hilo, Hawai`i, TMK: (3) 2-3-037:015. PROPOSED ACTION 1. Request and Reasons for Request: The applicant is requesting a 5-year time extension to comply with Condition C, which required completion of construction within five (5) years from the effective date of Change of Zone Ordinance 07 166, and Condition 4 of Use Permit No. 13-000042, which required completion of construction on or before November 2, 2017 as required by Condition C of Change of Zone Ordinance No. 07 166. If granted, the request will allow the completion of construction within five (5) years of the effective date of this amended Ordinance. The original applicant, Malulani, Inc., intended to build a 10-unit apartment building on the subject property. However, in 2011, Dr. Michelle Anne Mitchell, a doctor with Hawai`i Family Health (HFH), purchased the subject property with the intent to build a medical clinic instead of the apartment building. In 2013, the Windward Planning Commission granted Dr. Mitchell a Use Permit No. 13-000042 to allow the establishment of a medical clinic and accessory uses on the subject property. In 2015, the applicant and contractor -1- encountered an unforeseen and unanticipated rise in construction costs. According to the applicant, the mission of HFH is to provide quality health care services to the community. HFH intend to move from their existing location in a repurposed residential building into this new and larger facility currently under construction, which includes two (2) additional medical office tenant spaces. The building is about 80% complete. The applicant remains committed to completing the construction and related improvements for this project. According to the applicant, construction completion is on track to finish later this year, and Dr. Mitchell is looking forward to providing a modern facility for medical services to the East Hawai`i community. (PD Exhibit 1 —Time Extension Request). 2. Landowner: Michelle Anne Mitchell. PERMIT HISTORY 3. November 2, 2007: Effective date of the approved Change of Zone Ordinance No. 07 166, changing the zoning district classification from Agricultural-1 acre (A-la) to Multiple Family Residential-5,500 square feet (RM-5.5). The original applicant intended to construct a 10-unit apartment building on the subject property. (PD Exhibit 2— Change of Zone Ordinance No. 07 166) 4. November 8, 2011: Michelle Anne Mitchell (Dr. Mitchell) purchased the subject property from Malulani, Inc. 5. September 23, 2013: The Planning Director granted a 5-year administrative time extension until November 2, 2017 to comply with Condition C (complete construction) of Change of Zone Ordinance No. 07 166. (PD Exhibit 3 —Administrative Time Extension letter) 6. October 3, 2013: The Windward Planning Commission granted Use Permit No. 13-000042 to establish a medical clinic and accessory uses on the subject property. The compliance timeline of Condition No. 4 of this permit is the same as in Condition C of Change of Zone Ordinance No. 07 166, which expired on November 2, 2017 to complete construction. (PD Exhibit 4—Use Permit No. 13-000042) -2- 7. December 22,2014: The Planning Director granted a Final Plan Approval for a medical family clinic to the applicant. (PD Exhibit 5—Final Plan Approval) 8. June 6, 2016: The Department of Public Works (DPW) Building Division issued a Building Permit No. BH2016-00731 for a medical office building for Hawaiian Family Health. This Building Permit, and the related electrical and plumbing permits are still open. 9. February 27, 2018: The Planning Department received the subject request for a 5-year time extension to comply with Condition C of Change of Zone Ordinance No. 07 166 and with Condition No. 4 of Use Permit No. 13-000042. The applicant is currently working towards compliance with all the conditions. Construction is actively underway, with contractors working on the building interior. Then, contractors will start working on the site improvements. STATE AND COUNTY PLANS 10. State Land Use District: Urban. 11. General Plan LUPAG Map Designation: Medium Density Urban. These are areas of village and neighborhood commercial and single family and multiple family residential (up to 35 units per acre) and related functions. 12. County Zoning: Multiple-Family Residential-5,500 square feet (RM-5.5). According to Section 25-5-32(b), a medical clinic may be permitted in the RM district, provided that a use permit is issued for each use. 13. Hilo Community Development Plan (CDP): The Hilo CDP, adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the property for residential and/or planned unit development use. 14. Chapter 205A, HRS, Coastal Zone Management Program: The entire State of Hawai`i lies within.the Coastal Zone Management (CZM) area. The intentof 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. -3- 15. Special Management Area (SMA): The subject property is not situated within the County SMA, and is located a little over one (1) mile from the nearest coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 16. Subject Property: The subject 1.278-acre property is rectangular in shape, sits about the 200-foot elevation and slopes downward in the east direction. Encumbering the property are the following: drainage easements "D-6" and "D-7", road and utility easement "RU-3" and a ten (10) foot no vehicular access planting screen easement along Ponahawai Street. Construction of the medical building started in 2016. The medical clinic building is approximately 80% complete with contractors currently working to finalize the interior, and then they will begin work on the remaining site and parking improvements. 17. Surrounding Zoning and Land Uses: In the immediate area are a mix of agricultural and commercial land uses. Located at the northeast corner of the Ponahawai and Komohana Streets intersection is the Ka Waena Lapa'au medical office complex. The adjacent, vacant parcel to the east and south is commercially zoned. The adjacent, vacant parcel to the west is agriculturally zoned. To the north is a vacant agricultural property. Recent nearby ordinances that changed the zoning district from agricultural to neighborhood commercial include Ordinance No. 10 045 for TMK: (3) 2-3-037:006 and Ordinance No. 15 002 for TMK: (3) 2-3-037:012. 18. Flood Zone: In a July 10, 2013 memo, the DPW-Engineering Division stated that a portion of the subject property is in an area designated as Flood Zone A on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency(FEMA). Flood Zone A is the Special Flood Hazard Area inundated by the 100-year flood where no base flood elevations are determined. However, the drainage easement "D-6" designation accurately defines the flood inundation area. In an April 13, 2018 memo, DPW-Engineering Division stated that they have no objection to a time extension to complete construction. 19. Archaeological/Historical/Cultural Resources: On August 9, 2013 and more recently on April 18, 2018, the Department of Land and Natural Resources-State Historic -4- Preservation Division (DLNR-SHPD) determined in response to a Chapter 6E-42 review that the proposed project "will result in no historic properties affected"for the entire 1.278-acre parcel due to the significant prior residential and urban development. 20. Cultural or Native Gathering Rights: According to the applicant,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 due to previous grading and grubbing in the area. 21. Air Quality: Air quality in the subject area is mostly affected by emissions from natural and vehicular sources,as well as the volcanic haze from the Kilauea Volcano. The volcanic haze includes fine particles and gases, such as sulfur dioxide (SO2) and. hydrogen sulfide (H2S) which may cause hazardous health effects. Current SO2 and H2S levels on Hawai`i Island are available online at http://www.epa.gov/kilaueaairdata. The State Department of Health (DOH) will be installing additional permanent air quality monitoring stations to measure fine particles and sulfur dioxide on Hawai`i Island in response to the ongoing 2018 Lower East Rift Zone eruption. State law requires compliance with the Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawai`i for fugitive dust control. 22. Noise Impacts: As the project construction is underway, the applicant will comply with the State Department of Health's noise regulations. 23. Flora/Fauna Resources: There was no formal flora/fauna study conducted for this time extension request. Due to previous grading and grubbing in the area, the applicant indicated that it is unlikely that any threatened or endangered flora or fauna species are present on the property. At the time of this writing, the U.S. Fish and Wildlife (USFWS) has not provided comments on the subject project. However, for other projects nearby, the USFWS commented that the endangered Hawaiian Hawk and Hawaiian Hoary Bat have been observed in the vicinity of the proposed project. In addition, the endangered Hawaiian Petrel, the threatened Newell's shearwater and the band-rumped storm petrel may transit the project area. In those projects, the USFWS recommended mitigation measures to avoid and minimize project impacts to the listed species. According to -5- I r USFWS, "potential impacts to seabirds can be minimized by: 1) shielding outdoor lights associated with the project, particularly when used during each year's peak fledging period (September 15 through December 15); 2) avoiding night-time construction; and 3) providing all project staff with information regarding seabird fallout. 24. Public Access: According to the applicant, there is no record of a designated public access to the shoreline or mountain areas that traverses the property. 25. Civil Defense Sirens: Concurrency standards for civil defense sirens are met by two (2) separate civil defense sirens within range of the subject property, one at the Gilbert Carvalho Park and the other at the Mohouli Park. Therefore, there is no • requirement for the applicant to install any additional civil defense sirens for this amendment request. 26. Traffic Impacts: The Zoning Code concurrency section requires a Traffic Impact Analysis Report (TIAR) whenever a proposed development will generate over 50 peak hour trips. As this amendment request is for a 5-year time extension to complete • construction with no other proposed expansion of uses or structures, this action will not require the applicant to prepare a TIAR. Condition H of Ordinance No. 07 166 states that the applicant shall install street lights and traffic control as the DPW-Traffic Division may require. 27. Scenic and Visual Resources: The applicant does not anticipate any visual impacts to the existing ocean views from Ponahawai Street. Likewise, this project will not affect any Mauna Kea or Mauna Loa views from Ponahawai Street. The Hawai`i County General Plan does not list the subject property as a distinctive and identifiable landmark. 28. Streams: There are two (2) drainage easements which encumber the subject property. The nearest stream is the intermittent Alenaio stream, which is about 380 feet to the south and flows down towards the east (away from the subject properties). Any project and its potential impacts to State waters must meet State and Federal laws, rules and regulations. -6- PUBLIC UTILITIES AND SERVICES 29. Access: Access is from the county owned and maintained Ponahawai Street via shared road and utility easements "RU-3" and "RU-4". The Zoning Map classifies Ponahawai Street as an existing secondary arterial with a right-of-way width of 60 feet. In addition, there is a ten (10) foot no vehicular access planting screen easement along Ponahawai Street. 30. Water: County water is available to the site. The Department of Water Supply(DWS) stated that they do not object to the subject time extension request and that the comments in their November 22, 2017 letter still stand. 31. Wastewater: Condition I of Ordinance No. 07 166 required the applicant to install a wastewater disposal system meeting with the requirements of the Department of Health. 32. 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. 33. 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 34. Department of Public Works: PD Exhibit 6 - April 13, 2018 and July 10, 2013 memos. 35. Department of Water Supply: PD Exhibit 7 - April 10, 2018 and November 22, 2017 memos. 36. State Department of Health: PD Exhibit 8 - April 6, 2018 and July 12, 2013 memos. 37. Police Department: PD Exhibit 9 -April 2, 2018 memo. 38. Fire Department: PD Exhibit 10 - April 13, 2018 memo. 39. Department of Environmental Management Wastewater Division-Solid Waste and Wastewater Divisions: PD Exhibit 11 - April 9, 2018 memos. 40. State Department of Land and Natural Resources-Engineering and Land Divisions: PD Exhibit 12 -April 13, 2018 and April 16, 2018 letters. -7- 41. Department of Public Works-Traffic Division: PD Exhibit 13 —March 20, 2018 letter. 42. State Historic Preservation Division: PD Exhibit 14—April 18, 2018 and August 9, 2013 letters. AGENCY COMMENTS —NO RESPONSE RECEIVED 43. County Parks and Recreation, County Office of Housing and Community Development, County Real Property Tax Office, State Department of Education, Natural Resources Conservation Service and US Fish and Wildlife Services. PUBLIC COMMENTS 44. 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. -8- ARCHITECTS,LLC Koa Architects LLC o 65-1285C Kawaihae Rd, Kamuela, HI 96743 0 tel 808-885-5272 o fax 866-507-1638 o www.koaarchitects.com COMPLIANCE DEADLINE EXTENSION REQUEST 02.12.18 - Planning Director Hawaii County Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 ,_`1 ao 0 Dear Planning Director; v Applicant: Michelle A. Mitchell Permits: Ordinance No. 07 166 (REZ 06-000047) from A-la to RM-5.5 District Use Permit 13-000042 to Establish a Two-Level Medical Clinic Subject: Request for a Time Extension 7 Tax Map Key: (3) 2-3-037:015 Timeline for Compliance Completion Date: November 2, 2017 On behalf of our client, Michelle A. Mitchell M.D., KOA Architects LLC is hereby requesting an initial extension for the performance conditions within the ordinance(s)to comply with conditions as established within Condition C of Change of Zone Ordinance No. 07 166 and Condition No. 4 of Use Permit No. 13-000042 to complete construction of the new Medical Office Building (Clinic) for Hawaii Family Health (HFH). After solidifying the purchase to become the legal current owner for TMK (3) 2-3-037:015, Dr. Mitchell, sought the Architectural services and expertise of KOA Architects LLC and entered into a design contract on January 27, 2013 to facilitate and furnish all documents required for Hawaii County building permitting, bidding and Construction Administration services. Despite our earnest efforts to complete the design documents, obtain all applicable County, State and Federal regulations and requirements, in a timely manner in addition to completing the construction as stated in Ordinance No. 07 166; Condition 'C', it has come to our attention that we have not successfully completed the construction within the time limitation of November 2, 2017 as stated on Section 2, Condition 'C'. While currently under construction, the following items with regards to the construction documents and permitting have been approved as we progressed towards the current state. 1. DLNR-HPD determination letter (1305SN03) 05/09/2013 2. Site Drainage Plan 12/20/2014 3. Final Plan Approval (PLA-14-001105) - 12/22/2014 4. Solid Waste Management Plan 07/28/2014 5. DoH IWS Approval (IWS No. 52005) 07/28/2014 6. Building Permit (BH2O16-00731) 06/06/2016 7. Grading Permit (6023) 03/23/2017 8. DCAB determination letter - Work within County ROA (2017-38) 08/22/2017 9. ROA Permit Pending TBD cai:.,'yr S IA Proud members of the American Institute of Architects and US Green Building Council 1" Planning Dewy. Exhibit, 1 While we progressed towards transitioning from the design and documentation phase with relative ease, we encountered unforeseen and unanticipated rise in construction cost increases during the second quarter of 2015, due to in part, the exponential cost increases attributed to economic growth and increasing market values for construction materials and labor. The resulting in competitive bid prices exceeded that of the anticipated design goal and available finances of the owner. Upon review of bids and consulting with the owner and her financial institution, we made the strategic decision to place the project on hold while we worked General Contractor who presented the lowest bid price, to value engineer the entire project while our client sought additional finance options from all available funding sources. United by the belief in the benefits presented by this project to our community, our client, the Architect (KOA) and the Contractor worked to maintain the design intent integrity as expressed, while actively reducing costs where possible. The Owner and the Contractor formally executed a General Construction contract December 30, 2016 and construction commenced March of 2017. Current contractual date of Final completion is June 2018. As of the date of this letter, our client is presently and has been undertaking substantial efforts to comply with the performance conditions as approved by the Use Permit (13-000042) and Change of Zone Ordinance (07 166). Currently the building envelope is roughly 80% complete. As we continue to work in earnest to facilitate construction administration on all fronts, it is apparent we have not been able to complete the construction of the new Medical Office Building for Hawaii Family Health as established within Ordinance No. 07 166, Condition 'C' and Use Permit No. 13-000042, Condition No. 4. Hawaii Family Health's mission is to provide quality health care services to our community. The project will provide HFH with a new, substantially larger facility than the current Ululani St. location (repurposed residential structure) well as two (2) additional medical office tenant spaces. We fully support and believe in our client's mission to provide quality health care services to our community which is currently underserved and with respect to healthcare professionals. Our client has worked diligently and tirelessly to see this project through. We sincerely request the consideration from the Planning Director, Planning Commission and the County Council to extend the for the construction completion deadline an additional 5 years, or what the County Council deems a reasonable amount of time to complete the construction as permitted and granted per Ordinance No. 07 166 and Use Permit No. 12-000042. As we await further instruction from the Planning Dept, we continue to move towards completion and humbly request time extension from the current compliance deadline (10-02-17) to complete the construction of the Medical Office Building well before an additional 5-year construction completion deadline. Respectfully, Merrick F. Patten D.Arch Assoc. AIA Project Manager - KOA ARCHITECTS LLC References to Conditions Ordinance No. 07 166(REZ 06-000047) Construction of the proposed improvements shall be completed within 5 years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structures, fire protection measures, access roadway, driveway and parking stalls. Plans shall also identify the drainage easements ("D-6" and "D-7"), as well as the portion of the property designated Flood Zone "A"by the Flood Insurance Rate Map (0880C September 16, 1988). Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (landscaping Requirements). Use Permit 13-000042 Condition No. 4: Construction of the medical clinic shall be completed on or before November 2, 2017 as required by Condition C of Change of Zone Ordinance No. 07-166. Prior to commencing construction, the applicant, successor(s)or assign(s)shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning code), Hawaii County Code. Plans shall identify all proposed structure(s), paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of the Planning Department's Rule No. 17 (Landscaping Requirements)and Chapter 25 (Zoning Code), Hawaii County Code. Landscaping shall comply with the landscaping requirements for a CN (Neighborhood Commercial)zone in Rule No. 17. KOA ARCHITECTS LLC AF2CHrrECTS.LLC Use Permit Summary of Compliance&Status P No. 13-000042 CONDITION STATUS REFERENCE REQUEST 1 Shall be responsible for complying with all of the stated conditions. In Progress See Condition#4 2 Shall Comply with all conditions of Change of Zone Ordinance No. 07- Compliant, 166 Condition'C' In Progress 3 The medical clinic and accessory use Shall be conducted in Compliant See Below substantial conformance with representations made in the application. 4 Construction of the medical clinic shall be completed on or before Expired. Compliance Deadline November 2, 2017. Extension 5 Access shall be limited through the Road and Utility Easement RU-3 Compliant PLA-14-001105 and RU-4(shared)and shall conform to Chapter 22, County Streets, In Progress BH2O16-00731 of the Hawaii County Code. DCAB ROA 2017- 338 ROA Permit pending 6 Shall provide full improvements to the project's frontage along Compliant PLA-14-001105 Ponahawai St. consisting of, but no limited to,pavement widening In Progress BH2016-00731 with concrete curb. Gutter and sidewalk, drainage improvements, DCAB ROA 2017- and any required utility relocation, meeting with the approval of 338 the Department of Public Works, prior to receipt of a Certificate of ROA Permit Occupancy. pending 7 Shall install street lights and traffic control devices as may be N/A required by the Traffic Division, Dept. Public Works. 8 All earthwork activity shall conform to Chapter 10, Erosion and Compliant Grading Permit Sedimentation Control, of the Hawaii County Code. In Progress #6023 9 All development-generated runoff shall be disposed of on-site and Compliant Site Drainage shalt not be directed toward any adjacent properties. A drainage Plan study shall be prepared and the recommended drainage system shall be constructed, meeting the approval of the Dept. of Public Works, prior to receipt of a Certificate of Occupancy. 10 Prior to receipt of Cert. of Occupancy, an individual wastewater Compliant DoH IWS system (NWS)shall be installed meeting with the requirements of the Approval DoH. IWS No. 52005 • Use Permit No. 13-000042 Summary of Compliance Status 1 of 2 • Z) KOA ARCHITECTS LLC ARCHITECTS•L'LG Use Permit Summary of Compliance Et Status No. 13-000042 CONDITION STATUS REFERENCE REQUEST 11 Should any unidentified sites or remains such as artifacts,shell, Compliant, DLNR-HPD bone, or charcoal deposits, human burials, rocks or coral alignments, none found. Determination paving, or walks be encountered, work in the immediate area shall Letter cease and the DLNR-HPD shall be immediately notified. Subsequent #1305SN03 work shall proceed upon an archeological clearance from the DLNR- HPD that sufficient mitigative measures have been taken. 12 The Applicant shall comply with all applicable County, State and Compliant. Various permits Federal laws, rules, regulations and requirements. In Progress and approvals 13 If the Applicant require an extension of time for Condition No.4, the In Progress Request issued Compliance Deadline Planning Dept. shall submit the applicant's request to the Planning Sept. 8, 2017 Extension, Commission for appropriate action. COR-17-113951 See Condition#4 above. 14 Should any of the Conditions no be met or substantially completed with in a timely fashion, the Planning Director may initiate the revocation of the Use Permit END OF CONDITIONS REFERENCES ITEM I FILE No. DATE OF ISSUANCE /APPROVAL 1 DLNR-HPD determination letter 1305SN03 5/9/2013 2 Site Drainage Plan N/A 12/20/2014 3 Final Plan Approval PLA-14-001105 12/22/2014 4 Solid Waste Management Plan N/A 7/28/2014 5 DoH IWS Approval DoH IWS No. 52005 7/28/2014 6 Building Permit BH2016-00731 6/6/2016 7 Grading Permit 6023 3/23/2017 8 DCAB determination letter-Work within County ROA 2017-388 8/22/2017 9 ROA Permit Pending TBD Use Permit No. 13-000042 Summary of Compliance Status 2 of 2 • KOA ARCHITECTS LLC ARCH ITECTS,LLC Change of Zone Summary of Compliance&Status No.07166 (REZ 06-000047) CONDITION I STATUS REFERENCE REQUEST A Responsible for complying with all of the stated conditions. In Progress See permits Compliance Deadline below Extension, see letter. B The required water commitment payment shall be submitted to the In Progress DWS letter FC payment due: $11,000.00 Department of Water Supply in accordance with its"Water Commitment Pending Nov. 22, 2017 WCD credit: $900 Guidelines Policy"within 180 days from the effective date of this Installation of $300 Paid 08/02/2013 ordinance. new service $600 Paid 11/21/17 lateral for new meter. C Construction of the proposed improvements shall be completed within EXPIRED Compliance Deadline five (5)years from the effective date of this ordinance. This time period November 2, Extension. See letter. shall include the securing Final Plan Approval from the Planning Director 2017 in accordance with the Zoning Code. • Plans shall identify proposed structure(s),fire protection Compliant BH2016-00731 measures, access roadway, driveway and parking stalls. Plans shall also identify the drainage easements("D-6"and"D-7"), as well as the portion of the property designated Flood Zone "A"by the Flood Insurance Rate Map(0880C Sept. 16 1988). ▪ Landscaping shall be indicated on the plans for the purpose of Compliant BH2O16-00731 mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Dept. Rule No. 17 D No structural improvements shall be allowed within the designated Compliant Site Drainage drainage easements("D-6"and"D-7")and areas designated Flood Zone "A" Plan on the Flood Insurance Rate(FIRM)map. E Notwithstanding Section 25-4-51(a)(5), the project shall provide a min. NA of two parking spaces for each unit, of the requirements of Section 25-4- 51, whichever is greater. F Shall provide full improvements to the project's frontage along Compliant BH2016-00731 Ponahawai St. consisting of, but no limited to, pavement widening with concrete curb. Gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works, prior to receipt of a Certificate of Occupancy. G Access shall be limited through the Road and Utility Easement("RU-3") Compliant BH2O16-00731 and shall conform to Chapter 22, County Streets, of the Hawaii County Code. H Shall install street lights and traffic control devices as may be required N/A by the Traffic Division, Dept. Public Works. I The applicant shall install a wastewater disposal system meeting with Compliant DoH IWS No. the requirements of the Dept. of Health. 52005 Ordinance No.07166 Summary of Compliance Status 1 of 3 KOA ARCHITECTS LLC ARCHITECTS,LLC Change of Zone Summary of Compliance&Status No. 07166 (REZ 06-000047) CONDITION I STATUS I REFERENCE REQUEST J The applicant shall allow unrestricted access through the 15-foot wide N/A PLA-14-001105 road and utility easement("RU-3") within the property to the owner of TMK 2-3-37:016. The applicant shall also allow unrestricted access through the 25-foot wide road and utility easement("RU-7") within its other property identified as TMK 2-3-37:10 to the owners of TMK:2-3- 37:8 and 9, as well as any other property that is supposed to have any easement over any of the applicant's properties within lots created by and required by Subdivision No 7389. K All development-generated runoff shall be disposed of on-site and shall Compliant PLA-14-001105 not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed, meeting the approval of the Dept. of Public Works,prior to receipt of a Certificate of Occupancy. L A solid Waste Management Plan shall be submitted to the Department of Compliant BH2016-00731 Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. M All earthwork activity shall conform to Chapter 10, Erosion and Compliant Grading Permit Sedimentation Control, of the Hawaii County Code. N Should any remains of historic sites, such as rock walls, terraces, Compliant DLNR-HPD platforms, marine shell concentrations or human burials be encountered, determination work in the immediate area shall cease and the DLNR-HPD shall be letter immediately notified. Subsequent work shall proceed upon an architectonical clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. .0 To ensure that the Goals and Policies of the Housing Element of the N/A General Plan are implemented, the applicant shall comply with the requirements of Chapter 11,Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval for any new residential structures, or before issuance of building permits for any single-family residential structures. P The applicant shall make its fair share contribution to mitigate the N/A potential regional impacts of the property with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. Q Should the Council adopt a Unified Impact Fee Ordinance setting forth N/A criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. R The Applicant shall comply with all applicable County, State and Federal See Condition laws, rules, regulations and requirements. C Use Permit Ordinance No.07166 Summary of Compliance Status 2 of 3 KOA ARCHITECTS LLC ARCH ITECTS,LLC Change of Zone Summary of Compliance&Status No. 07166 (REZ 06-000047) CONDITION I STATUS I REFERENCE I REQUEST S An initial extension of time for the performance of conditions within the See ordinance may be granted by the Planning Director upon the following Condition C circumstances: Use Permit • The non-performance is the result of conditions that could not have See attached See Use Permit Condition#4 been foreseen or are beyond the control of the applicant, Compliance Deadline successors or assigns, and that are not the result of their fault or Extension Request. negligence. • Granting of the time extension would not be contrary to the General Plan of Zoning Code. • Granting of the time extension would not be contrary to the original reasons of the change of zone. • The time extension granted shall be for a period not exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). • END OF CONDITIONS REFERENCES ITEM I FILE No. DATE OF ISSUANCE / APPROVAL 1 DLNR-HPD determination letter 1305.5NO3 5/9/2013 2 Site Drainage Plan _ N/A 12/20/2014 3 Final Plan Approval PLA-14-001105 12/22/2014 4 Solid Waste Management Plan N/A 7/28/2014 5 DoH IWS Approval DoH IWS No. 52005 7/28/2014 6 Building Permit BH2016-00731 6/6/2016 7 Grading Permit 6023 3/23/2017 8 DCAB determination letter-Work within County ROA 2017-388 8/22/2017 9 ROA Permit Pending TBD Ordinance No.07166 • Summary of Compliance Status 3 of 3 KOA ARCHITECTS LLC ARCI-11TECTS,LLC Background&County Environmental Report Summary of Status Change of Zone Application(2006) ITEM STATUS PROPOSED AMENDMENT REQUEST 2006 Applicant has changed. Current Real Property Fee Owner; Michelle A.Mitchell,MD. l President l Hawaii Family Health, Inc. A SUBJECT REQUEST 1 Details of the Proposed Development: o Project Description: change from original Medical Office Building,consisting of; 24-unit condominium project,consisting of Three,2-story application One,Two-Level Medical Clinic. bldgs. with 4 units per floor.Single access off Ponahawai St. Level 0=(2)1,328 sf units(shall be available for lease) with 41 paved parking stalls. Level 1 =4,347 sf unit to be occupied by Owner. Hawaii Family Health(HFH)is owned and operated by the applicant. Access off Ponahawai St per Use Permit No.13-000042 a Statement of objectives and reasons for the request: change from original Address existing shortfalls and future demand for accesses to application Health Services.Hawaii Family Health(HFH)has out grown it's current facility,and the new facility will allow In order to provide our community with access to healthcare services. o Timeframe and cost: change from original The project has commenced construction,with a scheduled application completion date of Summer 2018. o Traffic impacts: non-substantial change B CONFORMANCE WITH STATE/COUNTY PLANS 1 State Land Use designation: no change 2 Applicable goals/policies and objectives of the General Plan: o Land Use Element no change o Housing Element change from original No longer applicable. application 3 General Plan designation: non-substantial change 4 Applicable goals/policies and objectives of the Hawaii State Plan: o Goal non-substantial change a Objectives and Policies for Population non-substantial change o Objectives and Policies for Socio-Cultural Advancement-- change from original No longer applicable. Housing application o Population Growth and Land Resources Priority Guidelines non-substantial change o Affordable Housing Priority Guidelines, change from original No longer applicable. application 5 Zoning non-substantial change Currently RM-5.5 6 Community Plans non-substantial change 7 Special Management Area no change C PHYSICAL CHARCHTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA 1 Description of the subject property non-substantial change Currently under construction. 2 Lava Hazard Zone no change 3 Distance from the coastline no change 4 Agricultural Lands of Importance to the ALISH designation no change 5 USDA NRCS Soil Service Report soil type no change 6 Land Study Bureau soil rating no change 7 Existing drainage ways or improvements no change 8 Air/noise/water quality no change 9 Existing archaeological,cultural or historic sites on no change National Register or Hawaii Register 10 Existing floral/faunal resources no change 11 Scenic or coastal resources no change 12 Social settlement patter for the area non-substantial change 13 Economic resources of the area non-substantial change 14 Land values non-substantial change 15 Land use non-substantial change 16 Zoning non-substantial change Currently RM-5.5 B&C Environmental Report Summary of Status Use Permit No.13-000042 Ordinance No.07 166(REZ 06-000047) 1 of 2 c , KOA ARCHITECTS LLC »fir l�RCHITECTS,LLC Background&County Environmental Report Summary of Status Change of Zone Application(2006) ITEM STATUS PROPOSED AMENDMENT REQUEST D PUBLIC FACILITES AND SERVICES 1 Description of access no change 2 Availability of water no change 3 Sewage disposal no change 4 Solid waste no change 5 Police and fire protection no change 6 Schools no change 7 Parks no change 8 Other utilities and services(telelElec) no change E ENVIRONMENTAL ASSEMSSMENT AND ANALYSIS 1 Relationship between local short term uses of non-substantial change environment and maintenance and enhancement of long term productivity. 2 Mitigative measures proposed to avoid,minimize,rectify non-substantial change or reduce impact. 3 Alternatives to the propose development. non-substantial change 4 Irreversible and irretrievable commitments of natural non-substantial change resources that would be involved if the proposed action is implemented. END OF REPORT B&C Environmental Report Summary of Status Use Permit No.13-000042 ) Ordinance No.07 166(REZ 06-000047) 2 of 2 r ' a�, .u: � t.< ��art < - 1 s.1 STK C KOA ARHITECTS, LLC I 65-1285C Kawaihae I Road I / Kamuela, HI 96743 tel 808-217-6707 II+ /- 170' fax fax 866-507-1638 I / If _ I II -_ 32'23° 5,5.0c0 __ 2 I— —r— - ��;' �/ I I _ I ——— —- „-- ( ,,___,t,,,,,‘„_.„..!_.. . 20,,_.-.,10_____E YARD SET9nCK ._ I - — 1,i o:- I I I 1 I pasta f— — 'I-- E��a;] ,t „ — — -sL. d' �f / I IrL I + _ aw J rL, �',,�_. �/a s — _ — I I I I I' I LI I I' I I U / 1 m ■■f 'y 20 FT SIDE YARD SETBACK I I I I II I ,} 1 I I I 4 '�' / I I p 0 —ir: G.D J l ry, — — — . I ----t „-(, -,rn I :: -4,,_ C45P} ,C7`.`s+!�h, '�) i.i / I - • f I RI �o� I,. I 1 / '� 6 ' J' / < N e I 1 .. \�\ 1 ,/' j i I I LOWER LEVEL a� �( o ® O I �I UPPER LEVEL :s 2 o`c PARKING -i LEVEL t -F.F.=19B.90� �f-I. �: PARKIN(, / v IM N — \ I LEVEL 0 -F:F.=185.90 / . I I o 1 �, f.-- r, 1 LLI O �. I I__ ,� �\ / I 1 1 .M� I 1 I \ .r' I 1 / dJ 69 !ON Z I 3 �T - - - v �a I j O III1`� • ' .1 1 20 sTury u-sET�CK 4...; - I r I 1-L --I ,_,^f —_ .``�i 7/ / = 0 '1_' l `v r, J J -,- 2�T-TM YARD SETBACK- / — — — 4 feu. J \ 5 -oad`& Utility Easement •� of ic,:BLOFE I IL / Lo 1 RU-3 \ 1 I' __ 1 I 'I _' \ w” _},.‘,41-1--,4 / Rodd & Utility Easement ` 2 472 — -S.Do O m I "RU-4" — s CO / / IU J CO +/ 178' Q / 11 < <" N I / a I I L.L. Q of / Q / / 0 u_1 / I / I a — / // I Q SITE PLAN < 2 Ns U Q ,, , `Y' DRAWING TITLE: SCALE: 1"=40' 0' 20' 40' 80' 1 e� KEYNOTES : OWNER BUILDING DATA 0 L1J 1. TWO-STORY MEDICAL OFFICE BUILDING (A2016-BH00731) HAWAII FAMILY HEALTH PROGRAM:TWO-STORY,THREE UNIT 2. PROPERTY LINE C/O MICHELLE MICHELE MD MEDICAL OFFICE BUILDING ' (REFER TO A2016-BH00731) SETBACK LINE,DISTANCE NOTED ON PLAN 3. FOB 27 HILO,HI 96720 I 4. PAVED ACCESS DRIVE 5. ROW IMPROVEMENTS TOTAL AREA UNDER ROOF: 7,000 sf 6. WASTEWATER SYSTEM(IWS) LEVEL 1: 4,347 sf 7. SOLID WASTE DISPOSAL PER SOLID WASTE MANAGEMENT PLAN SITE DATA LEVEL 0: 2,656 sf TOTAL 8. ON-SITE DRAINAGE SYSTEM DRYWELL 1,328 PER UNITx 2 UNITS('A'8,'81 FLOOR AREA TMK 23037015 9. LANDSCAPING ZONE RM-5.5 ACTUAL HEIGHT ±33' LAND AREA 1.278 ACRES _ FRONT/REAR YARD SETBACK 30' SIDE YARD SETBACK 20' SHEET COUNT: 1 OF 1 HEIGHT LIMIT 45' SHEET SIZE: l 1"x 17" 'w� COUNTY OF HAWAII �•'��'" �'• STATE OF HAWAII� ...Of N►� BILL NO. 179 ORDINANCE NO. 07 166 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL— 1 ACRE(A-la)TO MULTIPLE FAMILY RESIDENTIAL— 5,500 SQUARE FEET(RM-5.5)AT WAIAKEA, SOUTH HILO,HAWAII, COVERED BY TAX MAP KEY 2-3-37:15. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawai`i, shall be Multiple Family Residential—5,500 square feet(RM-5.5) Beginning at a point at the north corner of this parcel of land being also the northwest corner of Lot 7 and on the southeasterly side of Ponahawai Street the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI"being 921.09 feet south and 529.69 feet east and running by azimuths measured clockwise from true South: Thence along Lot 7, along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 1. 277° 30' 28.28 feet; 2. 322° 30' 425.00 feet along Lot 7; 3. 54° 34' 55" 144.38 feet along Lot 7; 4. 147° 20' 445.00 feet along Lot 9 to a point at the southeasterly side of Ponahawai Street; , Thence along the southeasterly side of Ponahawai Street, along a curve to the left having a radius of 1,030.00 feet, the chord azimuth and distance being: Planning Dept. Exhibit 2.. 5. 234° 55' 86.86 feet to the point of beginning and containing an area of 1.278 acres, more or less. All as shown on the map attached hereto,marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use,or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant(s), 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 180 days from the effective date of this ordinance. C. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway,driveway and parking stalls. Plans shall also identify the drainage easements ("D-6" and"D-7"), as well as the portion of the property designated Flood Zone"A" by the Flood Insurance Rate Map (0880C September 16, 1988). Landscaping shall be indicated on the plans for the purpose of 2 mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. No structural improvements shall be allowed within the designated drainage easements ("D-6"and"D-7") and areas designated Flood Zone"A"on the Flood Insurance Rate (FIRM) map. E. Notwithstanding Section 25-4-51(a)(5), the project shall provide a minimum of two parking spaces for each unit,or the requirements of Section 25-4-51, whichever is greater. F. The applicant shall provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk,drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works, prior to receipt of a Certificate of Occupancy. G. Access to the subject parcel shall be limited through the Road and Utility Easement ("RU-3") and shall conform to Chapter 22, County Streets, of the Hawaii County Code. H. Install street lights and traffic control devices as may be required by the Traffic Division, Department of Public Works. I. The applicant shall install a wastewater disposal system meeting with the requirements of the Department of Health. J. The applicant shall allow unrestricted access through the 15-foot wide road and utility easement ("RU-3")within the property to the owner of TMK 2-3-37: 16. The applicant shall also allow unrestricted access through the 25-foot wide road 3 and utility easement("RU-7") within its other property identified as TMK 2-3-37: 10 to the owners of TMK: 2-3-37: 8 and 9, as well as any other property that is supposed to have any easement over any of the applicant's properties within lots created by and required by Subdivision No. 7389. K. All development-generated runoff shall,be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed,meeting the approval of the Department of Public Works,prior to receipt of a Certificate of Occupancy. L. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. M. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. N. Should any remains of historic sites, such as rock walls,terraces,platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigation measures have been taken. O. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11, Article 1,Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval for any new residential structures, or before issuance of building permits for any single-family residential structures.' 4 P. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$6,653.40 per multiple family residential unit ($10,368.57 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: 1. $3,281.93 per multiple family residential unit($4,999.91 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. $103.73 per multiple family residential unit ($241.20 per single family residential unit) to the County to support police facilities; 3. $319.07 per multiple family residential unit ($476.39 per single family residential unit) to the County to support fire facilities; 4. $142.21 per multiple family residential unit($208.57 per single family residential unit)to the County to support solid waste facilities; and 5 5. $2,806.46 per multiple family residential unit ($4,442.50 per single family residential unit)to the Courity to support road and traffic improvements. In lieu of paying the fair share contribution,the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. Q. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. R. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. S. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 6 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Kona ,Hawai`i Date of Introduction: October 3, 2007 Date of 1st Reading: October 3, 2007 Date of 2nd Reading: October 17 , 2007 Effective Date: November 2, 2007 %; ERENC s Comm. 690 7 11911111*M1-.1.71 .17471111r#S R S-7.5 wit•044 600001 0 , --*I° -��` •.`� ir EN , O.* o t4 , RS•T.5 ,� ,���� &,$.10 q UHe ■ • � RS-7.5 I ♦ G *OopEtiA004A PROJECT DISTRfCT $ NW ,, •N OPEN N Oh 40* W--4t A-la Ss 921.09 S . CW-20 525.89E .• S "HALAP� .. CN-20 A-la fili GR ULTURAL-1 ACRE(May... ' ' A-!a Alk ��E GTIAL-5,500 SQ,MT. RM-5.5 PROJECT t,,,,. 'rw ` 1.278 ACRES A-la DISTRICT 1 03,14 AlIVI4L-7.5 SOS iftill;* *it 44AVIA."'OrsrRrcr � � 'i �rtilepliltiiii$*11,- PROJECT �de 4t10 STAA trillAy*ok ilitigirt 14311 .41. 4011111111 Val wiaiiill Iiiiiiill IV' 550 275 0 550 1 100 1 650 2 200 •2 7 eet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL-1 ACRE (A-1a) TO MULTIPLE-FAMILY RESIDENTIAL-5,500 SQ. FT. (RM-5.5) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII _TMK:2-3-037:015 Date:September 24,2007 EXHIBIT"A" (Malulani,Inc.:1209-A) OFFICE OF THE COUNTY CLERK County of Hawai`i Kona, Hawai`i Introduced By: Donald Ikeda ROLL,CAI.,LV E; Date Introduced: October 3, 2007 `AYES NOES ABS EX First Reading: October 3 , 2007 Ford X 1 . Published: October 12, 2007 Higa . X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 5 2 2 0 Second Reading: October 17, 2007 To Mayor: October 25, 2007 ROLL CALL VOTE Returned: November 2, 2007 AYES NOES ABS EX Effective: November 2, 2007 Ford X Published: November 13, 2007 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 7 1 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO _ FORM AND LEGALITY: COUN 1 C�AIRMAN. .. . --•- DEPUTY =•''"•'ATION COUNSEL � t-w�� COUNTY OF HAWAII ��= COUNTY_C.66LthK Date /0'10 - 07 179 Bill No.: Reference: C-690/Council pprove Disapproved thisfli day - r Ord No.: 16607 of Na42+n .� , 20 01 . I- , YOR, C Y FHA AI`I WI William P.Kenoi '��'�' .;''• Duane Kanuha Mayor :•• • Director •�`�! Bobby Command -{•' Deputy Director West Hawaii Office East Hawaii Office 745044 Ane Keohokalole Hwy • 101 Pauahi Stmt,Suite 3 Kenos-Kona,Hawaii 96740 County of Hawaii. Hilo,xawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 September 23,2013 Michael Moore, Esq. Law Offices of Yeh&Moore 85 W. Lanikaula Street Hilo, HI 96720-4199 Dear Mr. Moore: Change of Zone Ordinance No. 07-166 (REZ 06-000047) Applicant: Michelle Mitchell (formerly Malulani, Inc.) Request: 5-year Administrative Time Extension for Condition C Subject: Response to Letter Dated April 23, 2013 Tax Map Key: 2-3-037:015 This is in response to your previous letter requesting an administrative time extension to comply with Condition C(complete construction)of Change of Zone Ordinance No. 07-166. We have received the requested information regarding the status of Conditions B and J in response to our letter dated March 18, 2013. Therefore,we will grant a five-year administrative time extension until November 2,2017 to comply with Condition C of Ordinance No. 07-166. To receive an additional extension of time to comply with-Condition C,you will need to submit your request and reasons, along with 20 copies of that request, and a$250 filing fee to the Planning Department. Your time extension request will be forwarded to the Planning Commission. A public hearing will be held before the Planning Commission. If you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, 4.1.6 pU A OFKANUHA Planning Director JWD:smn P:lwpwin601.1eff\Letters\Time Ext\LMoore-REZ-AdminTER-CondC-REZ06-47.doc www.eohplani ing4eot,com Hawaii County is an Equal Opportunity Provider and Employer planning( o.hawaii.hi,ui Planning Dept. SEP 252013 Exhibit 3 a n F l�_ 4.44, County of a aI6i WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 OCT24 2 Michael Moore, Esq. 85 W. Lanikaula Street Hilo, HI 96720 Dear Mr. Moore: Use Permit Application (USE 13-000042) Applicant: Michelle A. Mitchell Request: To Establish a Two-Level Medical Clinic on Property Located Within the County's RM-5.5 Zoned District and the State Land Use Urban District Tax Map Key: 2-3-037:015 . The Windward Planning Commission, at its duly held public hearing on October 3, 2013, voted to approve the above-referenced request to allow the establishment of a medical clinic and accessory uses on 1.278 acres of land situated within the Multiple-Family Residential (RM-5.5) zoning district. The subject property is located on the south side of Ponahawai Street approximately 600 feet east of its intersection with Komohana Street, Ponahawai, South Hilo, Hawai`i. Approval of this request is based on the following: The applicant is requesting a Use Permit to allow the establishment and operation of a two-level medical clinic and related uses. The medical clinic will consist of a total of approximately 6,989 square feet of clinic space and related support facilities, and will include the following: Hawai`i County is an Equal Opportunity Provider and Employer Planning Dept. Exhibit Michael Moore, Esq. Page 2 Level 1 Level 1 will consist of two (2) separate units, each with a physician's office, a manager's office,waiting room,reception,medical assistant station and three(3) examination rooms. Level 2 Level 2 will consist of three(3)physician's offices one psychologist's office, a medical assistant work area,two (2)procedure rooms, nine(9) examination rooms, a triage room, waiting, reception and billing rooms, a conference room and an employee break room. Level 2 will be occupied by Hawai`i Family Health, Inc, which is the applicant's medical services company. The facility will start with two (2)physicians, a psychologist and six (6) or(7) support staff, with the capacity to expand to four(4)physicians, a psychologist and approximately thirteen(13) support staff. It is estimated that each physician will treat approximately 22 patients per day and the psychologist will treat approximately 6-8 patients per day. Change of Zone Ordinance No. 07-166 was approved on November 2,2007 to change the district classification of the property from Agricultural -1 acre(A-1a) to Multiple Family Residential—5,500 square feet(RM-5.5) for the subject property. The original applicant(Malulani,Inc.) intended to construct a 24-unit condominium project. The current applicant is proposing to construct a medical clinic. The ordinance includes a number of conditions that will need to,be complied with by the current applicant, including the deadline by which to complete construction(Condition C) and the requirement to construct concrete curb, gutter, and sidewalk improvements along the Ponohawai frontage of the subject property(Condition F). Condition C of Ordinance No. 07-166 stated the following: C. Construction of the proposed improvements shall be completed within five (5)years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. Plans shall also identify the drainage easements ("D-6" and "D-7"), as well as the portion of the property designated Flood Zone"A" by the Flood Insurance Rate Map (0880C September 16, 1988). Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Michael Moore, Esq. Page 3 Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements)." Condition C required that the proposed development be completed within five(5) years from the effective date of the ordinance,which was November 2, 2007. The applicant has received an administrative time extension until November 2,2017. As a result of the deadline for construction being defined by the ordinance,the Planning Director is recommending that this Use Permit, should it be approved, also include the deadline for construction of the same completion deadline of November 2, 2017. If the applicant does not meet the deadline to complete construction,the applicant will need to submit a time extension to both the ordinance and the Use Permit,both of which will be considered by the Windward Planning Commission. Condition F of Ordinance No. 07-166 stated the following: F. The applicant shall provide full improvements to the project's frontage along Ponahawai Street consisting of,but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation,meeting with the approval of the Department of Public Works,prior to receipt of a Certificate of Occupancy." Condition F requires full improvements to the project's frontage along Ponohawai Street. Comments from the Department of Public Works also reflect this requirement. Based on this information, the Planning Director has added this as a condition of approval for the requested Use Permit. Rule 7 (Use Permits), Section 7-6, of the Planning Commission's Rules of Practice and Procedure states that the Planning Commission may approve a Use Permit upon finding that: a) The granting of the proposed use shall be consistent with the general purpose of the zoning district, the intent and purpose of the Zoning Code, and the County General Plan; b) The granting of the proposed use shall not be materially detrimental to the public welfare nor cause substantial adverse impact to the community's character or to surrounding properties; and Michael Moore, Esq. Page 4 c) The granting of the proposed use shall not unreasonably burden public agencies to provide roads and streets, sewer,water,drainage, schools, police and fire protection and other related infrastructure. The proposed use is consistent with the general purpose of the zoning district, the intent and purpose of the Zoning Code, and the County General Plan. The intent and purpose of the Zoning Code is to promote health, safety,morals or the general welfare of the community through regulations and restrictions relative to the location and use of buildings, off-street parking, the percentage of a lot that may be occupied, and the density of population and land for trade, industry,residence or other purposes. The Zoning Code requires the approval of a Use Permit for hospitals, convalescent, nursing and rest homes, and other similar uses devoted to the care or treatment of the aged, the sick, or the inform in the Multiple-Family Residential (RM) district. Thus, a Use Permit is required for the proposed medical clinic. Use Permits are permits to allow uses in zoning districts which require special attention to insure that the uses will not unduly burden public agencies to provide public services or cause substantial adverse impacts upon the surrounding community. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. The proposed request is consistent with the following goals and policies of the Land Use and Land Use-Commercial Elements of the General Plan: LAND USE—GENERAL ® Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. ® Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattered development. Michael Moore, Esq. Page 5 LAND USE—COMMERCIAL • Provide for commercial developments that maximize convenience to users. ® Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Additionally,the proposed medical clinic will increase medical services to the Hilo area, which will directly support a goal of the General Plan to encourage the establishment or expansion of community health centers and rural health clinics. The proposed request is in close proximity of other medical services such as Hilo Hospital, the Ka Waena Lapa'au medical office complex, and the medical facility approved on Punahoa Street. In order to create an effective land use pattern, zoning districts and their associated uses should closely correspond to the General Plan Land Use Pattern Allocation Guide(LUPAG) map for the area. The LUPAG Map is a graphic representation of the General Plan's goals and policies to guide the coordinated growth and development of the County. The subject property is currently designated Medium Density Urban on the LUPAG Map. The Medium Density Urban designation allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential-- up to 35 units per acre). Thus,the proposed use is consistent with the General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for the property. Based on the above information, the proposed use is consistent with the general purpose of the zoning district, the intent and purpose of the Zoning Code, and the County General Plan. The proposed use will not be materially detrimental to the public welfare nor cause substantial adverse impact to the community's character or to surrounding properties. The property is located in Hilo on the south side of Ponahawai Street, near the Komohana Street-Ponahawai Street intersection. Surrounding properties are zoned for commercial, multiple-family residential and agricultural uses. The adjacent properties makai (east) and mauka (west) of the site are zoned A-1 a and are vacant. The adjacent property to the south is zoned CN-20 and is vacant. The Ka Waena Lapa`au medical office complex is located at the north eastern corner of the Ponahawai Street- Komohana Street intersection just mauka(west) of the subject property. There are several properties zoned CN-20 located just east of the property. The Church of Jesus Christ of Latter Day Saints, allowed by Use Permit No. 199 in April, 2004 and Homelani Cemetery are located on the north side of Ponahawai Street,makai (east) of the subject property. Michael Moore, Esq. Page 6 A portion of the southern part of the subject property is in an area designated as Flood Zone A on the Flood Insurance Rate Map (FIRM)by the Federal Emergency Management Agency(FEMA). Flood Zone A is the Special Flood Hazard Area inundated by the 100-year flow where no base flood elevations are determined. However, Drainage Easement D-6 has been designated that more accurately defines the flood inundation area. There is also another area drainage easement identified on a northern portion of the subject property identified as Drainage Easement D-7. Condition D of Change of Zone Ordinance No. 07-166 states "No structural improvements shall be allowed within the designated drainage easements ("D-6" and"D-7") and areas designated Flood Zone"A"on the Flood Insurance Rate(FIRM)map." Landscaping should be installed to visually screen the clinic from surrounding properties and reduce the affects of noise associated with the development. With implementation of a condition of approval related to landscaping, the proposed use is not likely to have a substantial adverse impact to the community's character or to surrounding properties and will not be detrimental to the public welfare. The medical clinic, driveway and parking lot improvements will be made which will create temporary construction impacts such as an increase in noise, dust and truck traffic. These impacts will be temporary in nature and minor in scope and therefore are not anticipated to have a substantial adverse impact on the surrounding properties, particularly since some of the surrounding properties are already developed with commercial and community uses. Based on the above,the proposed use will not be materially detrimental to the public welfare nor cause substantial adverse impact to the community's character or to surrounding properties. The proposed use will not unreasonably burden public agencies to provide roads and streets,sewers,water,drainage,schools,police and fire protection and other related infrastructure. Access will be from Ponahawai Street, a County roadway with a right-of-way width of 60 feet with a 24-foot wide pavement and 4-foot wide grassed shoulders. The Department of Public Works states that access to the subject parcel is limited through the Road and Utility Easement RU-3 and RU-4, and shall conform to Chapter 22, County Streets, of the Hawaii County Code. County water is available to the property via 6-inch and 8-inch waterlines fronting the property along Ponohawai Street. The property is currently not serviced by the County sewer system. Wastewater will be disposed of by a private septic system unless the County sewer line is extended to serve the property All other essential utilities and services are available to the site. Thus, the proposed use will not unreasonably burden public agencies to provide infrastructure. Michael Moore, Esq. Page 7 In addition to the criteria for granting a Use Permit,the request is not contrary to Chapter 205A,Rawai`i Revised Statutes,relating to Coastal Zone Management Area. The subject property is located approximately 1 mile to the nearest shoreline and is not located in the Special Management Area, and therefore will not be impacted by coastal hazards and beach erosion. There are no identified coastal recreational resources, coastal scenic and open space resources, coastal ecosystems, and beach or marine resources in the area. Thus,the proposed request will not adversely impact coastal resources. Additionally, there is no record of a designated public access to the shoreline or mountain areas that traverses the property. II Lastly,this approval is made with the understanding that the Applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above, the request to allow the establishment and operation of a medical clinic and accessory uses is hereby approved by the Windward Planning Commission subject to the following conditions: 1. The applicant,its,successor or assigns shall be responsible for complying with all stated conditions of approval. 2. The applicant, its successor(s)or assign(s) shall comply with all conditions of Change of Zone Ordinance No. 07-166. 3. The medical clinic and accessory uses shall be conducted in substantial conformance with representations made in the application. 4. Construction of the medical clinic shall be completed on or before November 2, 2017 as required by Condition C of Change of Zone Ordinance No. 07-166. Prior to commencing construction, the applicant, successor(s) or assign(s) shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all proposed structure(s), paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent Michael Moore,Esq. Page 8 properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code),Hawai`i County Code. Landscaping shall comply with the landscaping requirements for a CN (Neighborhood Commercial)zone in Rule No. 17. 5. Access to the subject property shall be limited through the Road and Utility Easement RU-3 and RU-4 (shared)and shall conform to Chapter 22, County Streets, of the Hawaii County Code. 6. The applicant shall provide full improvements to the property's frontage along Ponohawai Street consisting of,but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation prior to receipt of Certificate of Occupancy. 7. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed by the applicants at no cost to the County. 8. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control,of the Hawai`i County Code. 9. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 10. Prior to receipt of a Certificate of Occupancy, an individual wastewater system shall be installed meeting with the requirements of the Department of Health. 11. Should any unidentified sites or remains such as artifacts, shell,bone, or charcoal deposits,human burials,rock or coral alignments, paving,or walks be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD that sufficient mitigative measures have been taken. 12. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. Michael Moore,Esq. Page 9 13. If the applicant should require an extension of time for Condition No. 4,the Planning Department shall submit the applicant's request to the Planning Commission for appropriate action. 14. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate the revocation of the Use Permit. This approval does not,however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Should you have any questions,please contact Daryn Arai of the Planning Department at 961-8288. Sincerely, 1( ,,,e/(,d.ze, .,../e_1(//x/-1-iz Wallace A. Ishibashi, Jr., Chairman Windward Planning Commission Lmitchellu se l 3-042 wpc cc: Department of Public Works Department of Water Supply County Real Property Tax Division Mr. Gilbert Bailado / William P. Kenoi i ? ' :t.,' Duane Kanuha Mayor "' '4; Director Bobby Command * �; Deputy Director hoof KFS West Hawaii Office East Hawai`i Office 74-5044 Ane Keohokalole Hwyt• 101 Pauahi Street,Suite 3 Kailua-Kona,liawai'i 96740 Coi1nty of Hawaii ]Filo,Hawai'i96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Nix(808)961-8742 December 22, 2014 • Michelle Mitchell Hawaii Family Health � P, O. Box 27 Hilo, Hawaii 96720 Dear Ms. Mitchell: SUBJECT: Application: FINAL PLAN APPROVAL (PLA-14-001105) Medical—Family Clinic TMK: 2-3-037:015; Por. Ponahawai,South Hilo, Hawaii We have reviewed the above-described plans for the establishment of a Family Health Clinic. Facility 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 proposed project. These conditions, which are listed on page 2 of the FINAL PLAN APPROVAL document, must be complied with prior to the occupancy of the Family Health Clinic Facility. For your information, all accessible parking spaces shall comply with current State and Federal Standards. Please see relevant information on our website: http:l/www.coh.planningdept.com/ resources-and-references. Should you have any questions, please feel welcome to contact Larry Nakayama of this Department at (808) 961-8149 or larry.nakayama@hawaiicounty.gov. Sincerely, DUANE KA 'UHA Planning Director LHN:nci p:\plan approvals121PLA-14-0()1105 HawaiiFamilyHealthTMK 2-3-037-015 lcttor.doc Enclosure: PLA-14-001105 Form.doc. V6VVW.etitl ill nin_gdeptcum County is an Equal Opportunity Provider and Ernpljer plaiining..dtigy.aiNountl.go • Planning Dept. Exhibit_ COUNTY OF HAWAII PLANNING DEPARTMENT FINAL PLAN APPROVAL PLA-14-001105 APPLICANT: DATE APPROVED: Michelle Mitchell/Hawaii Family Health December 22,2014 LOCATION: TAX MAP KEY: 615 Ponahawai Street 2-3-037:015 Hilo,Hawaii 96720 PARCEL AREA/PROJECT AREA: ZONE: 1.278 Acres Multiple-Residential—5.5 (RM- 5.5) PROPOSED USE: Medical—Family Clinic As Shown on Pian _ Comments Front Yard (Ponahawai St.) Over Req'd Minimum OK. 30'-0" Minimum required Rear Yard (Southeast) 72'-0" OK. 30'-0"Minimum required Side Yard (Northeast) 48'-0" OK. 20'-0"Minimum required Side Yard (Northwest) 29'-0" OK. 20'-0"Minimum required Ht. of Structure: 22'-0" OK. 45'-0" Maximum. Access to parking: Asphalt paved driveway off of OK. Must comply with the requirements of the Ponahawai Street Department of Public Works. Off-Street Parking: 34 paved stalls shown, OK. Medical Clinic: including,four(4)ADA Accessible stalls, one of 1st floor: 2,695 sf/300 sf= 9 stalls(8.98) which is ADA van accessible. 2"d floor: 4,263 sf/300 sf:=I5 stalls(14.21) Total Stalls required: 24 stalls; 2 stalls must be ADA Accessible, one of which must be ADA Van Accessible. ADA van-accessible space shall be 11' wide by 18' deep, with a 5' wide access aisle. An alternative design allows a van-accessible space to he eight feet (8') wide if the adjacent access aisle is also eight feet (8') wide. Loading and Gross floor area over 5,000 square feet, one Unloading Space: None shown 12' x 50' loading space required. Density: , OK. Hawaii County is an equal opportunity provider and employer a. Final Plan Approval for TMK: (3)2-3-037:015 PLA-14-00l 105 Page 2 of 3 December 22, 2014 As Shown on Plan Comments Fencing and Walls: None O.K. Material: Height: Location: Landscaping: Assorted trees and palm trees. OK. \.See Condition 2. Others: Tax Clearance OK. Issued on August 11, 2014 Use Permit (USE 14-000042) OK. October September 3, 2014 Site Drainage Plan: OK. Approved by DPW on December 20, 2014 Special Management Area: N/A Does this Project have a Fair Share Contribution? FSC: Yes_ No N /A X FSC checked by: Larry_Nakayama_ Date: 12/8/14 Conditions of Approval: 1. Prior to issuance of the Certificate of Occupancy,an approved landscape planting and improvements shall be established per approved landscape plan and in a manner consistent with the Standards of Rule 17 Landscaping Requirements.Plants shall be maintained in amanner conducive to their health and growth. 2. Prior to issuance of Certificate of Occupancy,additional landscaping shall be installed within the front and side yard of the subject property to comply with Condition 4 of Use Permit 14-000050(USE 14-000050). "All buffer yard landscaping shall conform to the standards for separation of a residential (RS) zoning district from a Commercial Neighborhood (CN) zoning district as provided for in Planning Department Rule 17". 3. One 12 feet x 50 feet loading and unloading stall must be installed prior to the issuance of the Certificate of Occupancy. 4.-Approved parking to be paved,striped and appropriate signage installed prior to issuance of the Certificate of Occupancy. Final Plan Approval for TMK: (3)2-3-037:015 • PLA-14-001105 Page 3 of 3 December 22, 2014 5. Accessible parking spaces shall be constructed in accodance with all County, State and Federal standards and requirements. 6. No modification to Plans without Prior Written Approval. All work shown on the development plans covered by this Final Plan Approval shall be completed. No additions,substitutions or alterations to the • site, parking, landscaping or building design plans covered by this Final Plan Approval, shall be made without prior written approval of such changes by the Planning Department. A written request for approval of such changes shall be submitted and include scaled plan sheets clearly specifying all proposed changes. Upon assessing the requested changes,the director may approve or deny the requested changes or require a new, complete application for Plan Approval where the director finds the changes to be substantial. 7. Prior to approval of a Certificate of occupancy(C.O.), the Planning Department may inspect the subject property to verify compliance with the approved plans. A C.O. shall not be approved where the buildings, site improvements,landscaping or use plans are found by the director to be inconsistent with the submittals for which the Final Plan Approval is issued. 8 A Solid Waste Management Plan shall be prepared and submitted for approval to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. 9. Applicant,its successors or assigns, shall comply with all stated conditions of approval of Use Permit 13- 000042(USE 13-000042). • 10. Applicant shall comply with all other applicable laws, rules, regulations and requirements of Hawaii County. r I - Planning Directo Date: _December 22.2014 p:\plan approvals\\2'\PLA-14-001 I05 HatwaiiFmilyHealth TMK 2-3-037-0Sforn,doc DEPARTMENT OF PUBLIC WORKS : - .._ .. - COUNTY OF HAWAII • HILO, HAWAII ; a. :DATE:‘ April 13; 2018 Weemotzeteetast •..._ TO: Michael Yee, Planning Director .70 FROM: Department of Public Works, Engineering Divisio = 3 >:73 r a �. rc) SUBJECT: USE PERMIT APPLICATION (USE 13-000042) y N.) Applicant: Michelle Anne Mitchell Request: Amendment to Condition No. 4 (Time to Complete Construction) CHANGE OF ZONE ORDINANCE No. 07-166 (REZ 06-000047) Applicant: Michelle Anne Mitchell (formerly Malulani, Inc.) Request: Amendment to Condition C (Time to Complete Construction) TM K: 2-3-037:015 We have reviewed the subject request forwarded by your memo dated March 14, 2018 and provide the following: ,We have no objection to a time extension to complete construction. Questions may be referred to Robyn Matsumoto at 961-8924. Panning Dept. 1178 . 1 Exhibit County of Hawaii is an Equal Opportunity Provider and Employer f EP 'ii 2 EN 1 6 ' `' 1 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII 2013 .JUUL• I 0 AM 9: 57 HILO, HAWAII DATE: July 10, 2013 Neatendiediiift TO: Duane Kanuha, Planning Director FROM: De•artment of Public Works, Engineering Division II SUBJECT: USE PERMIT APPLICATION (USE 13-000042) Applicant: Michelle,A. Mitchell Request: Establish a Two-Level Medical Clinic Tax Map Key: 2-3-37: 015 We have reviewed the subject application forwarded by your memo dated July 3, 2013 and offer the following comments for your consideration. Comply with the conditions of change of zone Ordinance Number 07 166. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed prior to receipt of a Certificate of Occupancy. A portion of the subject property is in an area designated as Flood Zone A on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone A is the Special Flood Hazard Area inundated by the 100-year flood where no base flood elevations are determined. However, Drainage Easement D-6 has been designated that more accurately defines the flood inundation area. The Zoning Map classifies Ponahawai Street as an existing secondary arterial with a right- of-way width of 60 feet. Access to the subject property is limited to Road & Utility Easements RU-3 and RU-4 (shared) and shall conform to Chapter 22, County Streets, of the Hawaii County Code. • The applicant shall provide full improvements to the property's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes at ext. 8327. 08627 -County of Hawaii is an Equal Opportunity Provider and Employer ''i �4H la ' DEPARTMENT OF WATER SUPPLY COTY OF HAWAII n 3 IV; o1�;, � '��N~ AVM 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 ec:yiwa TELEPHONE (808) 961-8050 ^ FAX (808) 961-8657 April 10, 2018 t�9 TO: Mr. Michael Yee, Director = - Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer Subject: Use Permit No. 13-000042 Applicant—Michelle Anne Mitchell Request—Amendment to Condition C (Time to Complete Construction) Tax Map Key 2-3-037:015 We have reviewed the subject application and have the following comments and conditions. The Department has no objection to the time extension request to comply with Condition C (time to complete construction), as the requirements stated in our previous letter to Ms. Michelle Mitchell,M.D. and copied to your department of November 22, 2017, still stand. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, 1,1 ,at 4f� t r;+� pal f . Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy— Ms. Michelle Anne Mitchell Planning Depi. Exhibit /GI Water, Our Most(Precious Resource. . . a Wai 1q (ane . . . The Department of Water Supply is an Equal Opportunity provider and employer. Pi aerr:! y* ',41",, .C,.t+ c ,�, Is i,s;d s _ ,,1,0moaiiiim, ; {p d'`r'OF VAT s F w MI t !`'' �*GA r' ` ,,„ -_t 148:t,..,.--, t; 3. as $`''` DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI'l Nil �j, „,.- 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 € a " OFaAWA\\ ,, -,i i!i „� F ,.- Y` r< TELEPHONE (808) 961-8050 • FAX (808) 961-8657 :Y, November 22, 2017 Oil :Fp !I ti iist NI rj Ms. Michelle Mitchell M.D. C) -....„3 +, Hawaii Family Health, Inc. C il4 . 50 Ululani Street ``' '1 Hilo,HI 96720 .r g .--1'1`41..� I!I lt Dear Ms. Mitchell: fir; Iii Subject: Water Commitment Time Extension for Proposed Medical Clinic - .. Use Permit Application (USE 13-000042) —.4 iriit Tax MapKey2-3-037:015 --1'0 l 1 This is to acknowledge receipt of the required $600.00 water commitment deposit for the subject application. -i� Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment in the amount of 800 Iii 4111 gallons per day,or two (2)additional units of water at an average of 400 gallons per day, per unit, is hereby granted until July 31, 2018,subject to the following conditions: i:1111 1. Construct necessary water system improvements, which shall include, but not be limited to: ,, d l a. installation of a 1'/2-inch service lateral that will accommodate a 1-inch meter, rgii b. cut and plug the existing service lateral at the main, b c. installation of a reduced pressure type back flow prevention assembly within five(5)feet of the i meter on private property. The installation of the backflow prevention assembly must be ib inspected and approved by the Department, and I 0. d. 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 A for the relocation and adjustment of the Department's affected water system facilities, should A they be necessary. F f 41 Submit construction plans and design calculations prepared by a professional engineer, registered in the State,of Hawai`i, for review and approval. 101 11I 11 i 115133 ii �N P h . . . Water, Our5l1ost Precious resource. . . Ka WaiA pane. . . 4,4 The Department of Water Supply is an Equal Opportunity provider and employer. ?.i ri x:11._-`'`__::- - x vf 41: Ms. Michelle Mitchell, M.D. 41g Page 2' November 22,2017 2. Remit the prevailing facilities charge, which is subject to change, as shown below: r FACILITIES CHARGE(FC): One(I)existing service Ff Two(2)additional units a$5.500.00funit $11.000.00 Total FC $11,000.00 • WATER COMMITMENT DEPOSIT CREDIT(WCD): Two(2)additional units at$150.00/unit. paid 3 times ( 900.00) Total Amount - $10,100.00 .= These are due and payable upon completion of the installation of the required water system improvements and prior to final approval being granted. 3. Should it be necessary,submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final approval being granted. A registered land surveyor shall stamp and certify the metes and ft bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions,policies, and Rules and Regulations. Please be aware that the nearest existing lire hydrant is connected to an existing 8-inch waterline. Based on the proposed commercial type use,the existing 8-,inch waterline is not adequate to provide the required 2,000 gallons per minute fire-flow. Therefore,we recommend that you consult with the Fire Department regarding fire protection requirements. Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours. a Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg • copy-`/Planning Department DWS Customer Service Section(Hilo) DWS Cross-Connection Section DAVID Y.IGEtE - VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII * b ,g sv �. DIRECTOR OF HEALTH :r • STATE OF HAWAII s. DEPARTMENT OF HEALTH P.O.BOX 916• J HILO,HAWAII 96721-0916 ��> r)Z w i =a - : MEMORANDUM --3. . �.-... DATE: April 6, 2018 m --_ z --I TO: Mr. Michael Yee Planning Director, County of Hawaii FROM: Eric Honda District Enviro ental Health Program Chief SUBJECT: Use Permit No. USE-13-000042 Request: Amendment to Condition No. 4 Applicant: Michelle Anne Mitchell Amendment to Change of Zone Ordinance No. 07-166 (REZ06-000047) Request: Amendment to Condition C Applicant: Michelle Anne Mitchell TMK: 2-3-037:015 This office has no additional comments to those made previously. Reference is made to July 12, 2018 letter to the Planning Director. • 117668 ii--i;anning Dept. NEIL ABERCROMBIE LORETTA J.FUDDY,A.C.S.W.,M.P.H. ? O F })I AN? G0 3�VOR: :ir i¢ -heti- �..' - � t f :, ��� ;�� �osD��•_ Director of Health ..r 'Ina • 2013 JULI 5 Ail 9: 5I STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: July 12, 2013 TO: Duane Kanuha Planning Director, County of Hawaii FROM: Newton Inouye District Environmental Health Program Chief SUBJECT: Use Peimit Application (USE 13-000042) Applicant: Michelle A. Mitchell Request: To Establish a Two Level Medical Clinic on Property Located Within the County's RM-5.5 Zoned District and the State Land Use Urban District Tax Map Key: 2-3-037:015 The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on July 8, 2013. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808)438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the"Clean Water Act" (CWA)),Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC)is required for"[a]ny applicant for Federal license or permit to conduct any activity including,but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable 086366 Duane Kanuha July 12, 2013 Page 2 of 5 waters...". The term "discharge" is defined in`CWA, Subsections 502(16), 502(12), and 502(6);Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of!an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at: http://www.hawaii.gov/health/environmental/water/cleanwater/forms/indi v-index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http://www.hawaii.gov/health/environmental/water/cleanwater/forms/genl index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations,'Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] G iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] Duane Kanuha July 12, 2013 Page 3 of 5 vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55,Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 3. In accordance with HAR, Section 11-55-38,the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that"[filo person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. • Duane Kanuha July 12, 2013 Page 4 of 5 Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The HEER Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. • WORD:USE 13-000042.ni '''•`•t ' Paul K.Ferreira Harry Kim ��' "' Police Chief Mayor • :gt:d!`�ft +4E Kenneth Bugado Jr. DeputyPolice Chief -County of Hawai'i POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawai'i 96720-3998 (808)935-3311 • Fax(808)961-8865 7J APR - 22818 U` 7,3 G-= ;-5,L W _i TO : MICHAEL YEE, PLANNI. G D'ECT•R D fl N FROM : MITCHEL K. NEHAILUA, J"1 SSISTANT POLICE CHIEF z c' AREA I O ERATIONS BUREA SUBJECT: USE PERMIT NO. USE 13-000042 REQUEST: AMENDMENT TO CONDITION NO. 4 (TIME TO COMPLETE CONSTRUCTION); APPLICANT: MICHELLE ANNE MITCHELL; AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 07-166 (REZ 06-000047); REQUEST: AMENDMENT TO CONDITION C (TIME TO COMPLETE CONSTRUCTION); APPLICANT: MICHELLE ANNE MITCHELL (FORMERLY MALULANI, INC.); TAX MAP KEY: 2-3-037:015 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or other public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Gregory M. Esteban, South Hilo Patrol District Commander, at (808)961-2214 or via e-mail at pregory.esteban(c�hawaiicounty.gov. GE:IIi/130461 "Hawaii County is an Equal O$portunityrovider and Employer" 1 7 J 4 1 Pia n_nin .,Dept. EXhiOit l;M• '"3 ."1 Harry Kim .o°``•N4'a'�,� ---•-M- barren:T,Rosar'iof; i;,�� Mayor $ L;e; , _�__ ._�._� r.._...Fire Chi _. :i'.+"1 ,v rRenwick-J.•Vict<grino,;c' 1. +•;..T+,: _ - _.___w_ _.__... Deputy Fire Chief. r :,..1 11y County of Ti9athat. • • HAWAII FIRE DEPARTMENT - --• _ ` '_� 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 C) �- (808)932-2900■Fax(808)932-2928 �- April 13,2018 �z TO : MICHAEL YEE, PLANNING DIRECTOR FROM : DARREN J.ROSARIO,FIRE CHIEF SUBJECT : Use Permit No.USE 13-000042 Request:Amendment to Condition No. 4 (Time to Complete Construction) Applicant: Michelle Anne Mitchell Tax Map Key: 2-3-037:015 • The Hawai`i Fire Department has no comments or issues with regards to the Use Permit time extension increase application as noted above. DARREN J.ROSARIO Fire Chief RP:ds • • ;t 117 836 _ iga Hawaii County is an Equal Opportunity Provider and Employer. Nanning Dei. Exhibot I :07757 .•.MSY OF __ Harry Kim ` .: V —_ William A.Kucharski Mayor .�N-;:;1.' •. Director Wilfred M.Okabe -;;..7/ Diane A.Noda Managing Director " Deputy Director Count of ciao i`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawaii 96720 Ph:(808)961-8083•Fax:(808)961-8086 cohdem@co.hawaii.hi.us http://www.hawaiicounty.govienvironmental-management/ MEMORANDUMr`' ,>. C - -10 TO: Michael Yee,Director 'c- Planning Department AlC; l3 FROM: William A. Kucharski,Director )r if : Environmental Management Dep. fn r DATE: April 9,2018 -i CO SUBJECT: Use Permit No.USE 13-000042 Request: Amendment to Condition No. 4 (Time to Complete Construction) Applicant: Michelle Anne Mitchell Amendment to Change of Zone Ordinance No. 07-166 (REZ 06-000047) Request: Amendment to Condition C (Time to Complete Construction) Applicant: Michelle Ann Mitchell(formerly Malulani,Inc.) Tax Map Key: 2-3-037:015 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations(contact the Solid Waste Division for details): (X) No comments. ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organization 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 Hawaii 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. County of Hawaii is an Equal Opportunity Provider and Employer ( /O Planning elm. Exhibit Mr.Michael Yee, Director April 9,2018 Page 2 ( ) Other: The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations(contact the Wastewater Division for details): (X) 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 Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: WK:mef • . • +r� E'o SUZAitaNE D.CAR= PS•" "';a� CHAIRPERSON' '• • DAVIDY. MAI E �; •toss. ••9� ' G0VDAV YO.FIHAWAII y;" •,} D01ItDOF LAND AND NATURAL IiE50l'R�ES,; r iq_.ryj.4a, CO11d1ISS ONON%%AIERRESO('RCE. +• :r ^•�" ;1L%NA(:DIEN' .. `olDnd and Nd4r y. �,;; eett3`i' .7 ij .. STATE OF HAWAII ' • � �- s�areo� DEPARTMENT OF LAND AND NATURAL RESOURCES .) •, • • •� . LAND DIVISION • POST OFFICE BOX 621 HONOLULU,HAWAII 96609C_I r . `1 April 13, 2018 - • z County of Hawaii Planning Department Attention: Ms. Shancy Watanabe via email: shancy.watanabe@hawaiicounty.gov 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear'Ms.Watanabe: SUBJECT: Use Permit No. USE 13-000042—Request for Amendment to Condition No. 4 (Time to Complete Construction) and Amendment to Change of Zone Ordinance No. 07-166 (REZ 06-000047)—Request for Amendment to Condition C (Time to Complete Construction) of Michelle Anne Mitchell (formerly Malulani, Inc.) located at 633 Ponahawai Street, Hilo, Island of Hawaii; TMK: (3) 2-3-037:015 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the Engineering Division on the subject matter. Should you have any questions, please feel free to call Darlene Nakamura at(808) 587- , 0417. Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosure cc: Central Files Farming Dept. f 178 5 Exhibit 1�• • _q SUZANNE D.CASE DAVID Y.IGE �? 19 59 y CHAIRPERSON GOVERNOR OF HAWAII � •.i BOARD(IF LAND AND NATURAL RESOURCES 11 ��1 ) COMNIISSIONON WATER RESOURCE •r � MANAGEMENT E�1•.d andel, L �'• E,c mai �.���.��{:<• ; STATE OF HAWAII Jra(e°fHa++ao DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96309 March 27, 2018 MEMORANDUM DLNR Agencies: Div. of Aquatic Resources \I\ Div. of Boating &Ocean Recreation X Engineering Division Div. of Forestry&Wildlife x, Div. of State Parks X Commission on Water Resource Management _Office of Conservation &Coastal Lands X Land Division—Hawaii District 1'10 X Historic Preservation F M: R1 ssell Y.Tsuji, Land Administrator SUBJECT: Use Permit No. USE 13-000042—Request for Amendment to Condition No. 4 (Time to Complete Construction) and Amendment to Change of Zone Ordinance No. 07-166 (REZ 06-000047)—Request for Amendment to Condition C (Time to Complete Construction) LOCATION: 633 Ponahawai Street, Hilo, Island of Hawaii;TMK: (3) 2-3-037:015 APPLICANT: Michelle Anne Mitchell (formerly Malulani, Inc.) Transmitted for your review and comment is information on -the above-referenced subject matter. We would appreciate your comments by April 11,2018. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Darlene Nakamura at 587-0417. Thank you. ( ) We have no objections. • (✓) We have no comments. ( ) Comments ar ttachpd. Signed: Print Name: Carty S. hang,Chief Engineer Date: J / Attachments cc: Central Files • r Y c 14�Id.;galtx 0\ DAVID Y.IGE "'" GGVENOR OF HALVAH - l - ROAR!)of I ND AND N.LTIiR::101 Ot:RUi� _7 t_niiw5sit9i cS MAT�:tt FSf1 art ': i 1 4 t i�nd arraLr =�...t .. STATE OF r, r uV DEPARTMENT OF L:1"d)AND NATURAL RESOURCES " �`� .. . LAND DIVISION • ,'°°y?s$'k'A3>+ POST OFFICE,BOX 621 w .. UO\OLULU.IlA\\`AII 96S09 April 16, 2018 • • cri County of Hawaii Planning Department Attention: Ms. Shancy Watanabe via email: shancy,watariabe @hawaiicountl{.qov 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Dear Ms.Watanabe: SUBJECT: Use Permit No. USE 13-000042— Request for Amendment to Condition No. 4 (Time to Complete Construction) and Amendment to Change of Zone Ordinance No. 07-166 (REZ 06-000047) —Request for Amendment to Condition C (Time to Complete Construction) of Michelle Anne Mitchell (formerly Malulani, Inc.) located at 633 Ponahawai Street, Hilo, Island of Hawaii; TMK: (3) 2-3-037:015 Thank you for the opportunity to review and comment on the subject matter. In addition to the comments previously sent you on April 13, 2018, enclosed are comments from the Land Division — Hawaii District on the subject matter. Should you have any questions, please feel free to call Darlene Nakamura at (808) 587-0417. Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosure cc: Central Files 117897 • ? i SUZANNE Li,CASE 'v 4fY CHAWF_RSON DAM Y.!OE ; ,.f • V'? :Tn''yI HOARUOrLAND ANDNAt�1NALflSOUtCE9 eov-avon OF HAWAII � _ =>!'4 i N 1 f ,,'j„ COSINUSSIONON WATER RE OUVCE a ymo,tc MEM' rKi.0 c5sr ._Sf ,��:ii ;-`:.,�i� i '.,) r j i4 E• ..)t U-Savo° ,,,,‘,13,,,-...'+':)- --1' 2018sir 2g l _STAT;OF HAWAII08 S�bl -A , „ :. r t ��',A 1ENT 01?LAND AND NATURAL RESOURCES ,e.r '1;,..� �• LAND DIV/SION RECEIVED 1,;;,-,�, 0r HAWAII,I� LAND DIVISI0 . I POST OFFICE BOX 621 NU.R1A,I�h��r! HONOLULU,HAWAII 96809 i T hi • March 27, 2018 MEMORANDUM ;14: • DLNFt Agencies: Div. of Aquatic Resources • Div. of Boating&Ocean Recreation X Engineering Division Div. of Forestry&Wildlife Div, of State Parks X Commission on Water Resource Management OfIlce of Conservation &Coastal Lands X Land Division -Hawaii District X Historic Preservation FROM: (sell V.Tsuji, Land Administrator SUBJECT: Use Permit No. USE 13-000042-Request for Amendment to Condition No. • 4(rime to Complete Construction) and Amendment to Change of Zone Ordinance No. 07-166 (REZ 06-000047)- Request for Amendment to Condition C (Time to Complete Construction) LOCATION: 633 Ponahawal Street, Hilo, Island of Hawaii;TMK: (3)2-3-037:015 APPLICANT: Michelle Anne Mitchell(formerly Melulani, Inc.) f Transmitted for your review and comment is information on the above-referenced II subject matter. We Would appreciate your comments by April 11, 2018. I s If no response is received by this date, we will assume your agency has.no comments. if you have any questions about this request, please contact Darlene Nakamura at 587-0417. Thank ydu. ( We have no objections. ( ) We have no comments. ( ) Comments are attached. • Signed: - A—iiiir_..,i—r. .', Print Name: , c.4-7 Date: ti,1.,i Attachments 4-halig cc: Central Files fax e o }v1600Scc PO') `� DEPARTMENT OF PUBLIC WORKS - TRAFFIC DIVISION .t R. COUNTY OF HAWAII :.. M PLAN REVIEW COMMENT SHEET P=' Memorandum No. 2018 - 882 Date Received: 3/20/2018 f`.,; To: Michael Yee - Planning Diretor Date Tiausrmiitted: 3/28/2018 Cs From: Traffic Division t 'it rr Subdivision/Project: Amendment to Change of Zone Ordinance No. 07-166 (RI '06-000047) Subdivision/Project No: USE 13-00042 SIGNS/MARKINGS: H 9 9aoan 1. R. Man Review Date: Initial: Li No Review LI See Attached Comments LI C• omments on Plan/Sketch ri Other Comments [1 No Comments ca 1 CZQ 2. C. Hatada Review Date: Initial: i.;=' __i No Review Li See Attached Comments Cl C• omments on Plan/Sketch �- .__ Other Comments i N• o Comments . . 0 STREET LIGHTS/TRAFFIC SIGNALS: 1-1 3. K.Tsutsui Review Date: Initial: -_ Pi No Review Li S• ee Attached Comments ❑ Comments on Plan/Sketch —� El Other Comments Li N• o Comments 4. K.Higaki/M.Ignacio Review Date: Initial: No Review _.] S• ee Attached Comments i_.= C• omments on Plan/Sketch Other Comments LI No Comments Administration: RI] 5. A.Takaba Review Date; 3/27/2018 Initial: LI No Review L See Attached Comments ❑ Comments on Plan/Sketch Li Other Comments i No Comments • IJ; 6. R.Thiel Review Date: 3/28/2018 Initial: �._j No Review LJ See Attached Comments ❑ Comments on Plan/Sketch _- Other Comments �� No Comments • 175010 Panning Dept® Exhibit JO SUZANNE D.CASE DAYaI'D�Y.ICE _ 'EEON GOVERNOR OF HAWAII S`.p^^•.hF9BOARD OF LAND ANT)NATI IFW R F lU [ R CFti -141!:,,,19`59 p•, ,' CONMESNION CNWATR RESOURCE MANAGED AT ROBERT IC_MAMMAyj-4J•.': 4'' ' t it FIRST DEPUTY p1D and N,,,Gd : y4jj JEFFREY T.PEARSON,P.E. DEPUTY DIRECTOR•WATER C J _ ri • '•j AQUATIC RESOURCES ])DATING AND OCEAN RECREATION BUREAU OF CONVEYANCES O ti J 9. ` A,, ^"~ }/V COMMISSION ON H'ATFR RESOURCE hLWACTI.UNC �� •--^` CONSERVATION ANDCOASTAI.IAMS CONSERVATION AND RESOURCES INFORCEMENT STATE OF HAWAII ENI,TrG . FORESTRY AI.T)111LDT.FEE ERVATION State of Halvah DEPARTMENT OF LAND AND NATURAL RESOURCES RADOoL„w TUUN,RESERVECOm11S5ION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUIIIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 April 18,2018 KAPOLEI,HAWAII 96707 IN REPLY REFER TO: Russell Y.Tsuji,Land Administrator Log No.2018.00802 Land Division,Department of Land and Natural Resources Doc No. 1840GC15 1- •o P.O.Box 621 Archaeology 0> Honolulu,HI 96809 � r 2 c/o Darlene Nakamura Z v J, V3 Dear Mr.Tsuji: 0•..--1-1;--. SUBJECT: Chapter 6E-42 Historic Preservation Review— Use Permit No.USE 13-000042—Request for Amendment to Condition No.4— Time to Complete Construction,and Request for Amendment to Change of Zone >I' TN) Ordinance No.07-166(REZ 06-000047)—Request for Amendment to Condition C Z C47 Time to Complete Construction `1 Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK:(3)2-3-037:015 This letter provides the State Historic Preservation Division's (SHPD's) review comments regarding the subject submittal.The SHPD received this submittal on April 2, 2018. The applicant,KOA Architects,LLC, on behalf of the landowner, Michelle A. Mitchell, requests an initial time extension to comply with Condition C of Change of Zone Ordinance No. 07 166 (REZ 06-000047) and Condition 4 of Use Permit No. 13-000042, involving construction of the new Medical Office Building (Clinic) for Hawaii Family Health. Due to unanticipated construction cost increases,the project was temporarily put on hold until additional financial funding resources were available.As such,the project proponent has not yet met Condition C of CZO No. 07 166 and Condition 4 of Use Permit No.13-000042. • On March 21,2018,the SHPD commented on a County of Hawaii Grading permit for the subject project,which was described as construction of 2-story medical office building with associated infrastructure and parking. SHPD's determination was no historic properties affected due to low potential for historic properties to be present with the project area because of significant prior residential and urban development (Log No. 2018.00670; Doc No. 1803SN10).Additionally,the SHPD responded to Use Permit No.USE 13-000042 on August 9,2013,and a request for historic properties determination on May 9,2013 (Log No.2013.2754,Doc No. 1305SN03).The SHPD made a determination of no historic properties affected due to the aforementioned significant residential and urban development and other land disturbances(Log No.2013.4228,Doc No. 1307SN29;). Based on the available information presented above, the SHPD has no objections to the applicant's request for an time extension amendment to Condition C of Change of Zone Ordinance No. 07 166 (REZ 06-000047) and Condition 4 of Use Permit No. 13-000042. Please contact Dr. Susan A. Lebo, Archaeology Branch Chief, at Susan.A.Lebo�a hawaii.gov or at (808)692-8019 for any questions regarding this letter. Aloha, *GT&0014/liet Alan S.Downer,PhD Administrator,State Historic Preservation Division _ Deputy State Historic Preservation Officer cc:Shancy.Watanabena hawaiicounty.gov 11 8066 Planning Dept. Exhibit Watanabe, Shancy From: Lebo,Susan A <susan.a.lebo@hawaii.gov> Sent: Friday,April 27, 2018 8:03 AM To: Nakamura, Darlene K Cc: Watanabe,Shancy Subject: USE 13-000042 and REZ 06-000047 Attachments: 3-2-3-037_2081-00802_1804GC15_ARCHY_6E42_PRMT_COMMENTS.pdf Hello, Attached is a pdf copy of our division's review of the following submittal: Chapter,6E-42 Historic Preservation Review— Use Permit No.USE 13-000042—Request for Amendment to Condition No.4— Time to Complete Construction,and Request for Amendment to Change of Zone Ordinance No.07-166(REZ 06-000047)—Request for Amendment to Condition C Time to Complete Construction Waiakea Ahupua`a, South Hilo District,Island of Hawaii TMK:(3)2-3-037:015 Sincerely, Susan Susan A.Lebo,PhD Archaeology Branch Chief State Historic Preservation Division Department of Land and Natural Resources Kakuhihewa Building,Suite 555 Kapolei,HI 96707 (808)692-8019 Susan.A.Lebo@hawaii.gov 1 CMichelleAnneMitchellAinendREZAmendLanguageConditionsB&L.doc-shw-07/03/2018 MICHELLE ANNE MITCHELL (FORMERLY MALULANI, INC.) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 07 166 (REZ 06-000047) CONDITIONS OF APPROVAL B. [The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guideline- ': ' " ••• • :e :. • from the effective date of this ordinance.] The applicant shall maintain valid water commitments to support the proposed use until such time that the required water facilities are paid in full, as well as construct the necessary water system improvements and satisfying the conditions of the Department of Water Supply.['s letter dated November 22, 2017.] L. [A Solid Waste Management Plan shall be submitted to the Department of Environmental Occupancy.] [All outdoor lighting shall be fully shielded so the bulb can only be seen from below bulb height and only use when necessary in order to avoid seabird disorientation, fallout, injury or mortality. The applicant shall avoid nighttime •. . . • During construction,measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction • industry standards and.practices utilized during construction projects in the State of Hawai`i. RMichelleAnneMitchellAmendREZ.doc-shw with CK edits 06/21/2018 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MICHELLE ANNE MITCHELL (FORMERLY MALULANI, INC.) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 07 166 (REZ 06-000047) Upon review, the Planning Director recommends that a favorable recommendation of the request to amend Change of Zone Ordinance No. 07 166 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 5-year time extension to comply with Condition C, which required completion of construction within five(5) years from the effective date of Change of Zone Ordinance No. 07 166, which reclassified approximately 1.278-acres from the Agricultural-1 acre (A-1a) district to the Multiple-Family Residential-5,500 square feet (RM-5.5) zoning district in 2007. Approval of this amendment request will allow the completion of construction within five (5) years of the effective date of this amended Ordinance. The original applicant, Malulani, Inc., intended to construct a 10-unit apartment building. On November 8, 2011, Dr. Michelle Anne Mitchell, a doctor with Hawai`i Family Health (HFH), purchased the subject property with the intent to construct a medical clinic instead of the apartment building. On September 23, 2013, the Planning Director granted a 5-year administrative time extension to comply with Condition C, which required the completion of construction by November 2, 2017. In 2015, the applicant and contractor encountered an unforeseen and unanticipated rise in construction costs. According to the applicant, the mission of HFH is to provide quality health care services to the community. HFH intends to relocate from their existing location in a repurposed residential building into this new and larger facility currently under construction. The new facility includes two (2) additional medical office tenant spaces. Currently, the building is roughly 80% complete and the applicant remains committed to completing the construction and related improvements for this project. According to the applicant, construction completion is on -1- track to finish later this year. Dr. Mitchell is looking forward to providing a modern medical services facility to the East Hawai`i community. 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. As previously stated, the applicant and contractor encountered an unforeseen and unanticipated rise in construction costs which slowed the completion of the medical office. Dr. Mitchell purchased the subject property in 2011, and has since worked diligently to secure the following government permits and approvals: • Use Permit No. 13-000042 to establish a medical clinic in 2013. • Final Plan Approval for a medical clinic in 2014. • Approval of a drainage study from the Department of Public Works Engineering Division, as required by Condition K of the subject ordinance in 2014. • Approval of a Solid Waste Management Plan from the Department of Environmental Management Solid Waste Division, as required by Condition L of the subject ordinance in 2014. • Building, plumbing and electrical permits from the Department of Public Works Building Division in 2016. Construction is actively underway with building inspections occurring at the required milestones. Thus, the applicant has been working towards compliance with the conditions of the change of zone ordinance 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. The original reasons for the approval of the change of zone are still applicable, and the request is not contrary to these reasons. The zoning was originally approved in 2007 to provide additional land for multiple-family land uses in Hilo in close proximity to existing services. The applicant is currently constructing a medical clinic and related improvements, which the Planning Commission granted in 2013 as Use Permit No. 13-000042. The Public Facilities-Health and Sanitation Element of the General Plan -2- encourages the establishment or expansion of community health centers and rural health clinics. The proposed medical clinic, whose mission is to provide quality health care services to our community, will fulfill this need in the community, and therefore is consistent with the General Plan. The applicant is seeking additional time to complete construction of the medical facility and related improvements. The Planning Department is supportive of the request for a time extension to complete construction as the applicant has been consistently working towards meeting the conditions of approval. In a July 10, 2013 memo, the DPW-Engineering Division stated that a portion of the subject property is in an area designated as Flood Zone A on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency(FEMA). Flood Zone A is the Special Flood Hazard Area inundated by the 100-year flood where no base flood elevations are determined. However, the drainage easement "D-6" designation accurately defines the flood inundation area. In an April 13, 2018 memo, DPW-Engineering Division stated that they have no objection to a time extension to complete construction. In the immediate area are a mix of agricultural and commercial land uses. Located at the northeast corner of the Ponahawai and Komohana Streets intersection is the Ka Waena Lapa'au medical office complex. The adjacent parcel to the east and south is commercially zoned, and is vacant of any structures or improvements. The adjacent parcel to the west is agriculturally zoned, and vacant of any structures or improvements. To the north is a vacant agricultural property. Recent nearby ordinances that changed the district from agricultural to neighborhood commercial include Change of Zone Ordinance No. 10 045 for TMK: (3) 2-3-037:006 and Change of Zone Ordinance No. 15 002 for TMK: (3) 2-3-037:012. There was no formal flora/fauna study conducted for this time extension request. Due to previous grading and grubbing in the area, the applicant indicated that it is unlikely that any threatened or endangered flora or fauna species are present on the property. At the time of this writing, the U.S. Fish and Wildlife (USFWS) has not provided comments on the subject project. However, for other projects nearby, the USFWS commented that the endangered Hawaiian Hawk and Hawaiian Hoary Bat have been observed in the vicinity of the proposed project. In addition, the endangered -3- Hawaiian Petrel, the threatened Newell's shearwater and the band-rumped storm petrel may transit the project area. In those projects, the USFWS recommended mitigation measures to avoid and minimize project impacts to the listed species. According to USFWS, "potential impacts to seabirds can be minimized by: 1) shielding outdoor lights associated with the project, particularly when used during each year's peak fledging period (September 15 through December 15); 2) avoiding night-time construction; and 3) providing all project staff with information regarding seabird fallout. The Planning Director recommends adding a condition to address outdoor lights and avoiding night-time construction in order to mitigate impacts on these known endangered species. The Planning Director recommends updating Condition M relating to historic sites and Condition 0 relating to fair share to reflect the current standard language for conditions of approval, as well as deleting the requirement for a Plan Approval since the applicant secured Final Plan Approval in 2014 for the medical facility. The County Council adopted concurrency requirements for water, roads and civil defense sirens. County water is available to the site. The Department of Water Supply (DWS) stated that they do not object to the subject time extension request and that their comments in a November 22, 2017 letter still stands. The Planning Director recommends updating the condition language to reflect that the applicant shall maintain the water commitments obtained from the Department of Water Supply, as required. The Zoning Code concurrency section requires a Traffic Impact Analysis Report (TIAR) whenever a proposed development will generate over 50 peak hour trips. As this amendment request is for a 5-year time extension to complete construction and no proposed expansion of uses or structures, this action will not require a TIAR. Condition H of Ordinance No. 07 166 states that the applicant shall install street lights and traffic control as the DPW-Traffic Division may require. This condition will remain. Concurrency standards for civil defense sirens are met by two (2) existing civil defense sirens within range of the subject property, one at Gilbert Carvalho Park and the other at the Mohouli Park. Therefore, there is no requirement for the applicant to install any additional civil defense sirens for this amendment request. The proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. -4- During the review of this application, our office sought comments from other government offices to understand how their rules and regulations will impact the amendment request. To ensure compliance with their regulations, their comments are conditions of the attached recommendation. On the record and if deemed necessary, the Planning Commission may suggest adding, modifying or deleting a portion or all of the language for any of the conditions attached to this recommendation report. The Planning Commission's recommendation will go to the County Council as the final authority who may grant this amendment for a Change of Zone Ordinance. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal governmental requirements in connection with the approved use, prior to and during its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), compliance with State Health Department environmental/sanitationlhealth-related regulations, drainage plan, among many others. Compliance with all applicable governmental requirements is a condition of this approval, and 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 preceding, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 07 166. In addition, the Planning Director recommends revising the existing conditions in the Ordinance to reflect the current standard language for conditions of approval. The accompanying draft bill reflects these recommendations and changes. Material to be deleted is bracketed and struck-through; new material-is underscored. -5- .'OJNSY OF y�{f,'•. COUNTY OF HAWAII STATE OF HAWAII OF-- BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 07 166, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—ONE ACRE (A-1a) TO MULTIPLE FAMILY RESIDENTIAL— 5,500 SQUARE FEET (RM-5.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-3-037:015. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 07 166 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 ([2005] 2016 Edition, as amended), the County Council finds-the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect.to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS" SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. 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 HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- CMichelleAnneMitchellAinendREZ.doc-shw with CK edits-06/21/2018 MICHELLE ANNE MITCHELL (FORMERLY MALULANI, INC.) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 07 166 (REZ 06-000047) CONDITIONS OF APPROVAL A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. from the effective date of this ordinance.] The applicant shall maintain valid water commitments to support the proposed use until such time that the required water facilities are paid in full, as well as construct the necessary water system improvements and satisfying the conditions of the Department of Water Supply's letter dated November 22, 2017. C. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this amended ordinance. [This time period shall include securing A :: : . : - -- ' . -.-' : - : •- . : .. - ..• - driveway and parking stalls. Plans shall also identify the drainage easements ("D 6" and "D 7"), as well as the portion of the property designated Flood Zone "A"by the Flood • ,, .• •. .. . -- .:•: -•-: :. - . . -: aping shall be provided ire accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements).] D. No structural improvements shall be allowed within the designated drainage easements ("D-6" and "D-7") and areas designated Flood Zone "A" on the Flood Insurance Rate (FIRM) map. E. Notwithstanding Section 25-4-51(a)(5), the project shall provide a minimum of two parking spaces for each unit, or the requirements of Section 25-4-51, whichever is greater. F. The applicant shall provide full improvements to the project's frontage along Ponahawai Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works, prior to receipt of a Certificate of Occupancy. G. Access to the subject parcel shall be limited through the Road and Utility Easement ("RU-3") and shall conform to Chapter 22, County Streets, of the Hawai`i County Code. H. Install street lights and traffic control devices as may be required by the Traffic Division, Department of Public Works. I. The applicant shall install a wastewater disposal system meeting with the requirements of the Department of Health. J. The applicant shall allow unrestricted access through the 15-foot wide road and utility easement ("RU-3") within the property to the owner of TMK 2-3-37: 16. The applicant shall also allow unrestricted access through the 25-foot wide road and utility easement ("RU-7") within its other property identified as TMK 2-3-37: 10 to the owners of TMK: 2-3-37: 8 and 9, as well as any other property that is supposed to have any easement over any of the applicant's properties within lots created by and required by Subdivision No. 7389. K. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed, meeting the approval of the Department of Public Works, prior to receipt of a Certificate of Occupancy. L. [A • • - _ ---- ' - . • ---- - -- . - : - .. . . . :: : • . : ': -- ' .. . - : ! :. 1 All outdoor lighting shall be fully shielded so the bulb can only be seen from below bulb height and only use when necessary in order to avoid seabird disorientation, fallout, injury or mortality. The applicant shall avoid nighttime construction during the seabird-fledging period (September 15 through December 15). M. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. N. [_ :. . --- ..- -. : - . - , . - . : , - . , : . : --- , - . -- -- concentrations or human burials be encountered, work in the immediate area shall c ase and the Department of Land and Natural Resources State Historic Preservatien sion -2- D • _ ' ! • _ • - measures have been taken.] In the unlikely event that any surface or subsurface historic properties and/or resources, such aslava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities, the applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and immediately contact the State Historic Preservation Division (DLNR-SHPD) at (808) 933-7651 for further guidance. The applicant shall also notify the Planning Department immediately after contacting the DLNR-SHPD. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. O. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the.Office of Housing and Community Development prior to Final Plan Approval for any new residential structures, or before issuance of building permits for any single-family residential structures. P. [The applicant shall make its fair share contribution to mitigate the potential regional •- :• : --. : e:'-• • ..• - - : : :• • -: -" . . , , •. . •- disposal facilities and roads. The fair share contribution shall become due and payable based on the actual number of residential units develeped. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$6,653.40 per multiple family residential unit ($10,368.57 per single family residential unit). The total amount shall be determined with the actual -3- condition. The fair share contribution per multiple family residential unit (single family 1. $3,281.93 per multiple family residential unit ($4,999.91 per single family 2. $103.73 per multiple family residential unit ($241.20 per single family residential unit) to the County to support police facilities; 3. $319.07 per multiple family residential unit($476.39 per single family residential unit) to the County to support fire facilities; 4. $142.21 per multiple family residential unit($208.57 per single family residential unit) to the County to support solid waste facilities; and 5. $2,806.46 per multiple family residential unit ($4,442.50 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council.] The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads for the additional lots to be created. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution shall be based on the actual number of additional lots created. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$14,329.89 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment -4- e ' provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. , $6,910.13 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $333.35 per single family residential unit to the County to support police facilities; 3. $658.40 per single family residential unit to the County to support fire facilities; 4. $288.25 per single family residential unit to the County to support solid waste facilities; and 5. $6,139.77 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant(s) may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. Q. Should the Council adopt a[n] Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. R. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. S [• - -- •: •--- - -- : --- - - ..• -•. - : - . -- - . - - - 1. 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, or Zoning Code. 3. Granting of the time extension would not be contrary to the original -5- 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within 5. If the applicant should require an additional extension of time, the •• - -- Council for 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. 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. -6- Elnisprilroft �� ,� 2414** RS.7.5 Lib■� ♦ C.4.1pPWW40111W��krtro astOPEN �•� ,�� ,� RS-7.5 /c� A is • • ••• uKo s RS-Z5 PROJECT AN-10 OOPEN 10 4 c,_,, otio DISTRICT , OPEN Ar be 1 42* ♦ w� P '` A A-la 921.0951 -- ks CN-20 528,69 E S Liiiuuirri.riiiii.im_ ALACN 20 A-ia • .100111111111° :A \GR ULTURAL-1 ACRE(AI') ...- • • " 0 MULTIPLE-FAMILY ISlii, • -1,+E TIAL-5,500 SQ.FT.(RM-5.5) PROJECT s1;'P r - 1.278 ACRES A-la DISTRICT ;,e„sr4 1 :r!;.;..:. (SW ) ntillter, PROJECT co oti$.04.1ADIsrRlcr .�� � 1 111.4 ♦ �,i oki �ALIM_Igna � 4.011 550 275 0 550 1 100 1 650 2 200 2 75eet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL-1 ACRE (A-1a) TO MULTIPLE-FAMILY RESIDENTIAL-5,500 SQ. FT. (RM-5.5) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK:2-3-037:015 Date:September 24,2007 (Malulani, Inc.:1209-A) EXHIBIT "�A" ONLY FOR REFERENCE 1 , ... 7 • .,:.:-:.. :..:: •-•,•.;,.; !:.:. 3.. .. ,.+ r n ae •., , ks t- 3 rIy , ,•< ,yr.c .. .. . ....r . , t ., ..-. .,d -,> .,.i ,,t-... ,vt3 � �:,r' i . - t 5 r . , ;iW ,, F c r . c : . !, ...Mf. . �`... 4.S r I r' + ._,v,r-.4x-a5. ii. w_4vd.(a],.,.,,,..a,.ti'Cn,..+,.Vi+ } te.] .-r-x,.,'1:,-w,C.f - .A•!, ',.r; ' ' . � . .x.:lnr,+ .S �y, }Y, �: 5r :ry '.t5 .b- 4"f •, .-:r. , , 0 ,. - ._. r9 _. } L..,. ..;.,. : .r. .x ,... t,... 3`, ,.,�,* �.r '. , Y:y' E .,-f: £ • .< y : ' 'titL. n _t4�1..r 4 r Ct, . .eta i ..Y ... 4 nA.. :r ._F,,: ,s 7 , .� ., nU . ,y.,_; ..AT ,.. t.tv„` w,.._ : ... . r .':Y:�rg 't K ,aL3 `• .0 ,.,.bwl- ...< Nf ,..f, �t. ..�.� tt! _ e., C_w .T . s ",,_. bv,. ., Mv r n ,v� r4Y.-:, .,_.,....:a>�.1 x,•» .v,,ri3..Yir.. � x k- :fIv •,.: :.... ......� :. . ;. -..1 "...'.,..�..,........F.,K..,, .JC... r.r._.. ..„.r j,... w. .. :.r...r<<. y ,l 1 , -..:.r,, • ,, ',.. : , ,r,e.: R, • .r.,. . '° 'x..„- .,..r-3.r -C,a, ,( � n,1„ , ...:_w ..�V, ._ ,'-.A14,- ..A .�,n�f , � . . ., , ,y' . , F � , s¢,Y -r...F.,6.-r. ...,6, Y 4 . r ;f• J - ,t . fi,..,. . e .V. .-, .ra,'�fr i: . �:, � y,. , .. . ... :,. . s.i.£ii,, :3r.T '.t.::, ...a ,n.R y, .... ..VVV,,,� ,., fuuKK : ..��-i4. R'.9,,t.fT. ... i4.„"�ti,+e.4.b. Gr.,G�, �r -#mm-:#. ->.<r. ,�.y..,i..}wI.,yeF.4.,. -, ,1: ,w:1v C .--.,«{,:..,._z.,,.,,, ,.::, •• r �: 27i.4..�qG;2 . t 2� :\ „i..nv6 ',,,:t,-'2;41,\.'$ t', .., .,✓Sa1,'# *�, ;;:r 2 . �&� .- " yK � &i ,^ 1 i� i 1&„...t r .i, *•. .r-1,410";$.1,...; '....'g:',:".' . r'}',sYtiJ <F ' +FkN ,,: » ... c. , � fyro�, .. 4 i,„:: r.:„ ".�,. ,,P .,. Yox 4 .3��it ,dkatr/ -J� -p�. 4...: _R:v. .I. ,., -„ 4T` i. . t d .o'. -.i� ril,Xu . Y :' . a ar tr i.S{r” �i; , ,k 4,.7ai ,1t •,, �N. .... . ' � .. tfA �, .$..i,. .nr, .z. !rnu.a.: g�t,.. .a €� '' k + 7 - •ifjn1a •1 ,a1;•i.b5r 4o.rar° a, �r • < ':1'.S¢r J<.. 1., m . „iKx.. <;_�,l .J 3i4r � Vy � 5E xdud - N: •LrVxr .f .7µir, fxr`. .�3 ,ri yr{ :-rdL �q< t.v , .€s«> _.... . .`a '.. ,.,,..,.,.r: ...ie,•- ... . ,^.:i”4 .., ,.. .,: �+ 2 If..„ '�, . , ._ , :..,f'_.... ....... . . .. ,, .. N -z : . r: :j. ti.,:..... ..,. tis. Mitchell 4$ .., ::. ,.. „. „,., • ,, , , „..: .,...,...,,.: .: ,.,„.1 ...„, :,.i, ,.:,„.. ,..:, .„.„, . ., ., ,...: ,,`� ., AMENDMENT TO CHANGE OF ZONE ORDINANCE 07 166 ( REZ 06-000047 ) .: AMENDMENT TO USE PERMIT ( USE 13-000042 ) .r .r�,,. .•,-r n ..:.r., r ., ,.rn, ,r.x,wr. .s., w ,,.„,..„.,,,,,,,,,„,„,,,,,,--„,--„,,,,,g,,,,,,,,,=;0;:,„„...., ;. y,,.-:,. ,t”' Y W h, C,rs'.. :.,r R -n +h .x' u: ..1... -r,:::..N. 'ww r,� •:, .'V' ,,._.... .3_ ..J,.. '' '4 s„ :,.,.,-. .. ., .: 4•, ::b`,., ..,,. t , _ Y+' , ....lvm r.. . -. .:'•rt ...... ....... m .u. M1.. .,,�.....;:,,r .. .. . '.rv 7Rrar2dr<,k4r�k k.ate'. ,. .. -, ,,., : �� •T. .,..5 $• Tgy5:*'vTw i:. .t �',:' k. o-0t •:4r7r s+n.. x .e,., .t4.x .� ,:: ... .. .., .. '*,_�., .. .. a �, ?�` ,. c > Y $ 'v"'C h`a4L"., r. "'�,. ...,.X`� :Rt`gym'S _. ...., t'. ... , .. /t�7 u. -.. a+,,5z .., .t.. � ,. .,. �' � 'o..: °fi`�? 1.4� ,,,, �°`� v e �'` z. T.e�. ? ,. r',.:. ,':a„ „T••a,,. .. . `� a"?�'•5 ,:�r'sP ... � '�,` �' ,.a,,,..,a, . va.,. a'. � ,w ?'il t�N ��. ,�0..4. .., .,.�:..,r_.:_.*,,..,;,.��a,..,.,ar.,,i,�,...,m.,,vy,:.,,..r<..'di.n..._. n _,.....Sw..�s"s:.,.,nv,,e*:rhe:.,�'va::..u�.,5,,:,'s1e..<e:»w.�,..•".W.:Lmi,,,,:».'a. .:,S,.,.,.,,...>.,w,,.s <,,:..<".:<.,a,,.......,.�._„e,S,.,.u.,,.5:.v.uiz'..n,a.,_.:...,,....,.w,.,....,,,..,_;,5.. ,.r..,.,„ ..,�<.<,... .......... .....u..,,._. ,.,.....,,,....,,.. .w.,.,. �..•, .,". ,.,,.,.. _ ,,..•.. "...,,... ..� LOCATION MAP ..J. , 4,44.4.-'0'4''•A /��,....,.. tt-. .:',0'•••\.,••••ts, > of ," — ,a A¢ / t 5 9 d 1y�XA.44 +4 4iy `` F -^� +,. . -. ,O4y 3 Hilo Bay r O i , —ter '; )'S{5 S(7� - <. �`'- !9 �� ''��• Note' ecia: t i i�� tr VA�.�s}�L'i x�x" r � V• ��� �' ' Management trra • ` f Cts ''.'A--r. < x�\ • •-"4,. i.• ‘04,4,...;',,,,, } . //" `4'�S F`� `^,,k,; tt,- `,''' ''Y'''...'' .A ISMAI rrpre. ntrd 1 N., .r��hk , h'R !` >',.-Al � v4^'?� L BAYF T by the rcd-ha.bion. X�.,> �, , ,�*r RON HI GH w South Hilct District : t .v.,2',--.A‘ X .a,k 4c.-,`va .4 ,-' 'u-..t 114...711.:...... ...4.T ... -4- a' ��`t �) ^ �` �� ♦ R 1 `.•It ligig*,,, F ''‘,..' ' ,',7.?•' ‘,"'i`er'' N ,f: 4/ . '''P.''''''''.•irtf-'.•":4.'-'41'.-1,1:"'W•4"•41:404.4,.....*OA,* al044 \' iJ"5 � .5`ti.�._�\t:.t�l\ 1. 4 r t. �� •••� • 4. f.,,,,N,,..,‘..., ‘,..t'' \ '.., 't.,_%,,;:::,,- ' 4 \'''' "\ ,-.,;<\ 'V.-7'4.'4' V al' i`�/�j'` \� � \C.�i• _�\p.� t ;,, ,g•' t� r.t.,,y��,r' ", a .••••{',i1,` .' !�' t' j' `,P�1(� ,v � � r, S l 7 i o Fr'. �•••�/ l� l I ti�l %, .i�Y� r -A Q -�� iJ_ J�/ t. �;�• "�1t' '"� '�' ♦i '•r?}w"�y+•j�f {• - - 6� ((1i jr �/ ;,. s • /� i4 �� �i�t M♦,may K: Y�' _ �t�..�f ' rte-,�"f t,{'` yJ}r;,,^ `I � ,`�t � r� �'.,. ;'t_ i I __<:::-':\fatlitOiltP-.-,,,,,,,t.ttk,,,.. %,:i; , ,‘„,,,,,,,. . :,, ,,, 4. . � til , ;'r, y \ �` 4� Ys•" ,, :- \ '' 1 it0, 'i ' ' ' ` � v ♦ l�. ---r" , y "/�,ys' /3S f\,t' `! '. r}y y+.�J�'};� _ -': THE APPLICANT IS REQUESTING : ■ A 5-YEAR TIME EXTENSION TO COMPLY WITH CONDITION C OF CHANGE OF ZONE ORDINANCE NO. 07 166 AND CONDITION 4 OF USE PERMIT NO. 13-000042, WHICH REQUIRED CONSTRUCTION COMPLETION BY NOVEMBER 2, 2017. ■ CURRENTLY, THE BUILDING IS ABOUT 80% COMPLETE. THE APPLICANT AIMS TO COMPLETE THE BUILDING AND RELATED IMPROVEMENTS FOR THIS PROJECT LATER THIS YEAR. DR. MITCHELL IS LOOKING FORWARD TO PROVIDING A MODERN FACILITY FOR MEDICAL SERVICES TO THE EAST HAWAII COMMUNITY. ■ IN 2007, THE PLANNING COMMISSION GRANTED CHANGE OF ZONE ORDINANCE NO. 07 166, WHICH CHANGED THE ZONING DISTRICT FROM AGRICULTURAL-1 ACRE (A-1A) TO MULTIPLE FAMILY RESIDENTIAL-5,500 SQUARE FEET (RM-5.5). THE FORMER APPLICANT PROPOSED TO BUILD AN APARTMENT BUILDING. HOWEVER, THE CURRENT APPLICANT PURCHASED THE SUBJECT PROPERTY IN 2011 WITH THE INTENT TO ESTABLISH A MEDICAL CLINIC. ■ IN 2013, THE WINDWARD PLANNING. COMMISSION GRANTED USE PERMIT NO. 13-000042 TO ESTABLISH A MEDICAL CLINIC AND ACCESSORY USES, APPLICANTS , PROPOSED SITE PLAN . _ • k o a I 65 1255C Ka..4,1 nor, Road I , Kamuela.H , t tel 80.5-217.67'1, tax 866-507-tens ; 1 41-- . : . , ' ,. ....,.....,....., - , .; . i---- <±3—— li''. , . . ....... 6141 ./ <:::i < , <=-- ---.(=1 L .....43. _ ' til—T-A=1; r- Z ,. '••••1:4•Lr't- ;:" 0 1 0 : , I 1 7. • '' ,67.2.1: ! :••••••;4 . ,• . ,-r 4 . , .. 1 ; — __J ••43 I , . , 6 • . . ' I ' Rom d....ab,•••,t f .f.l. ! . I I....., _,... _ ,:1`..' . 0 f i. C.1) .i ney•kz,int 1.4.,-... ,____ ...__. • o 1 1 1 -..4.- ,1 I , , 1 i i 1 I ' I 1 ! I.i < R •I ,i• 1 i c,I —. 0 < I ! / ''.. : .,1 i 2 . SITE PLAN 1 J DIN RAWG Flf LE; $C 6,f,•I .40 ""..,.• ... .." ",13 60 irk 0—> , • : i 0 !, KEYNOTES: OWNER BUILDING DATA s I LU I I iv.o.SICIF,4,tDIC A..,f!,L.BUitt7r,$AM I 6-6•100,51, -AWM,AMILY IfiAl, P`10,11AM.,,,,,DRY 11110i ,N1. , 1 , PROPER T.1-1, C/0 11.1.1":1,1.1e W./1,11.1t/.C. f..4ED,A....,ICE t!WV, . 3 1,3AC,1.1,GI STA,Ct 1 . CC)- [ ( SCkl.aa tc•o,4,17,tir.C,E7+,,,C,F 7 L.111 , 7 4 6,If W A 7,5,15,111,,1 SITE DATA , •,,,,a,.,•,,.al•..•A,i al A,aatA , , 01-1,11,1.J1tAI,1ACt.1,11E. C.,MC. FMK 26137C IOM rthi,5 .1.,:-.7AL1.1t.:.14S ' 742.1 t A.AREA i 178 6Cf-E, 7R0,17 i 171.,4 44,0 51-136,IC WA YARD SETPACr IC ; I SH,F••(Cur: 1 1,1,111.1111.1 T , • •—•,—. ----- — — APPLIC ._.. . . _ . .. ...... ... . ._. . ..,._ . . . . _ANTS ' PROPOSED PARKING SITE PLAN ..... . . . ... .. cD .,.. 1 0 ..... ..._ , .. ., v.,- __...4._ _ -7. -------- — . Et.n.# t 3 2'Sfl' _ 42' -q---n.."-"—‘-.-..a----L'=° �► _ a �� ......0- ' : .+�eT��YP'1wMirSr..YT�WT�►�l4RIM�liAB�#�LMsfYC�YM�AY.fiYR��L=M:fM�YwF�YMSRxYMfillu2MfYYM1iA __—_ r G 4 .---,-,,- — -r- --e-iikr- —/ 1 • /.JT AI d r _ ___. 1.1 G..<•_P.aY/P /> + !..-I II TMa, Li I !/.. ;,/ ...,im=,,..., I I Iv,' M 1' 'I .:.•,;(5).. mq E ' ' —.J .i /i I I I I I ■ ,)( ,y / tO N., PR©POSED BUILDING f `.. ! I I �, `• 1 ; 7 „,,r , ...__.-7.7.!__.. ....., , r /7/7//, / / / i _ H:_.-----:----- 1 1 41 _._. 1 , `�` PARKING � / % � 1 1K11 1 _`o4,, I L,18 PG��S 1 II= _ I ,eta � I Iti tr h '` . ' SMI :. 4 f// , // /(/ ///7/ // ' .., 0 J' 1...._ ._._-j _ ....—.— _ _ . — ._.._. _._ — — ., ' r411 — — 1 I— ° 1I 1 •'1 — .. - ~... I ;:CPE H.,,,, ? ,� b.- t -- — - _ .- ...... ."=",......... owsks .,.is ..mac---------wexswsam,ave.+.R+c ru ...asrawuwusroazmessmaea.�ameracv w�+ aza '" _ ''.,' ''.-`---, 147-7' r 445.90 j I ms-.�..fi -,x4 t t NE'__ ENLARGEt SITE PIPLANs„- -._ j/ ' I A1-v ENE N.Si APPLICANTS ' PROPOSED FLUOR PLANS - - ,, _____,. __IL ewe• '^'4-x • Mt to SaLR! r �22._ ._. ' ' "Oft., f 65-ttt/2 _...- 6 3 43 a :"\----,-- -\----61 \____ .71_— . v. f,- ., • 1 - 81 -� T _, r .._ UR 1 r .�rll., wz fa+c. r u ® tl7 m i� ,.._____ • 1lid t4�1� ' L7 ❑ .. ,9 ..... io will _► r.IN `.,- I,•••li11..tR—" ilim „miId : M126.E „mt-w 1±411 ;" "° 13 Iffl :l �• r = . O ❑ ❑ a. ❑T )I i v t Ff �a i ,•., ..` o vr j„.. w . t ) {v, ice) 1 p up .m ,, - iii' ■ .� i / n Ilr ,,,• i , ,_ rn, ❑ ❑L��'❑ o L.t it ❑ 0 s r. 11! ). Lel ,_, v J^ PLO PLA.J;LEVEL, _ -' r,- . .."7, FL ,.Y_,w )M OI�A'Y�'.) Y ® T. in *^ l9 jib FLOOR FLAW LEVEL 0 1RS • • IS.NDI1Yf313 tlptl31Y3 v 15Vi wd1...113 YQtl313 __--..-^ r. 1 1 Fi4 i 1 IC ill ri /4, '/ \\ E 10 , 14 ! wilmmits, --___.am.-:. -iiimmalic , .. . • -- - L '— H. as `% A 111110111111110IIIIIIIIII111�111111111111111111111111 11 1;1 III: 4- i,..,W1 AN'i Dr"..' -_�.•—_�-_^..-�-.�Ni/105�NOI1VA3131101tl31%3 v • HiNON:N04VA313 doikraix , , l• [.-�'1t .'� /'` 1 ' it ---,irk-4,-AI irk \ :1--- ..— ,� I 1, ll 11{ Iii�ill ��, Ifzi, ` ✓' _ �_ _ _ -• � ... ■miiuir, i ! rrrr rill; iii ����.. rrre,rrrr �_ _ �I�1 l r� ~. 21 al Iaauwl .ail 11 las ii aii. y an .u, awr !--- 4 SMVJd NOIIVAT11H UISOdOId C SZMV3IrIddV ZONING A . . \ ------- _, . „ . . '.. A-1 a .• . - .- i . - •-.- ,, C N-20 • , . , , • . , 1 ,• , . , • , • . ., q 1 .. I ,, • - •: ' ' ... - ', ',, ?i. \ .. . .. . . . ' .,. . . ' . \ .-------- _ — _----- , , ! RM-5.5 ...f . „ .. 4 1 . . . RM-4 • . ! . . „ I ..-' :'-',,''',..": .,...'• '-,'.'`,-,- .! iidstis$1044,,,i,..--,,„,,,r , .. .-- ..„.„- , 1 -,. •... ...-.....,,,,!,• ,•!=. ....---.,- . ; .....".. , - ' • ' i •. .. . I '.'',.;,',•.,:....-'r.•-,-::',. ,',.,,,,:...i.i......,.',• I 4v4,,§.000,,i-,43.4.„-,,,,,P,,,i,,,,,,, ,, , .----.„ . ., . ,. . . . . , ... „,.----- ••., , __,-- , , . ,------' . . .. . , .. . „.• , . , , , . . .. . . . ',..........„._. , '. .,..-',0.....‘,.,,,,..:-• ,., . . \ . . RS75 - . •,. „ • 1 . --.--',..• . ,,-..-,,,,.,-,•:- • : .,,,,,,,, .,.,.....,4•14,14-w,,,1,-„;-'....,... ,, • •...H.',, ,., ..';:, , ,,, \ ,..... .. .,. ,..... , „,.:, , ,,, . ... . • _ ._ .:±',..140.-ii01.,,,.-,-,,-,,:,-..,,,,,,,f,-:.,.4.J ,,,,, • ----7 i; '',, a'' .'', ,,'''•--;" , - :.;' . ', '' \ ,. — ., . , i.';'','";,,':.--,'-: • :;: ''''''''''''''.'. i ".,,,,,,,,.---' ',---..•I'il,,;',c,F,4,,,,,,,,4,,,,',:',',J'-',',,,i'-'1,4,4'1,1',',..,,,' .,\s , .. . , ' ,,, ..,,,T."..-'•,.'''-"--••,',,W.,`,-0`..r.t. ..:••:•,-..,....,.,,..,-^ I ' - '-,,,,... • • , "-Ai ______ ____ STATF LAND USF BOUNDARY MAF 5 rr�_. ti . f f , \_,�,_—�---'" / t 1 4 r'J .. s.' �+ 111 Z \\ ;;. s / ii, \ ,./4„, , \ 1',,t r, 'r'' •,•'�,�,y '\ ti 1 \ 9,, \ „,,,, ''ti , 15 N 4 • 4 ,..1 ' ,i 1 , t \'1 - 1 — Urban �`� t f ci .. 1� _ —f r ....---i-y}1 '�',11 +,,515 .,,`•Y, '+'•`+ r 7, , is % ,y .-----.---t tis , \+ , + ,1 yl �,'` • ,`y i , • x t` sti ;r r .. 5y '�,1t 5 +•+5 y � fx P t _ a 1 • A :','-'''.."'.. . A A G A i„ f., ,\-, 'iu r y 1 \' Medium \,, t Density '„'1,::::.'..:;;-:',..'•'; `, Urban - 1 y 1 ,1 U r ick' v< 't '1 '""" °F,:' ', _ - St = f t i n 1t = t 5 . _ , . __ _, ..„ AERI A. L PHOTOGRA-id '"H. • ,-,,,,,..„.,.„....A,....,..;,, ..,.,,„,*„..,,:,„..-i-.K.Z.`1A,MUA4A;,1;44,.;,.. .c:,;irt— l'i'''''-••=t`si-',-,5:•'..f.2.l.",_,:'''......:-,''';''''.12_2',..._..',-.Y:,....L,r_---1-±±7.L'.2.-.-1.jf,:_..Z.:11'LL--_;21.-.L. --..,_-'..:'...±.--,.L.,I.i." -_'-.L''...'L'. _'_..-..,..f.'.2...:.f...1'..-.2'''_.—'...:, ' ,'''",„,"",.',_,, ,,..,'..,,",_•:-:..„ ,,,.,', '..;',"-'.''''.--''.—'-'."' _... _____________.._ ___._ _._ ,. ''' -...,..,,,,',7:' tt # 1 .A: C;,, ,d id -1\-'4'.r.'.' , . . . . . . . ....,. , i ' ' '' x j � ti a 3 i . 7 ;. . n^- i SITE PHOTOGRAPH .. . NO. 1 „ ....,,.......„..,,I.,, .., _-...,,,,,t, . 7-tx.....':: . .,. . .- F • • 9. • This photo was taken a few _ _._ months ago, • __. _—`•� standing on i4 Ponahawai Street ti',::.'M''''''.:• tili'':' looking directly at the medical facility �` ' r' Y under construction. - - n sK J€ v a §� tda y wenia G i • SITE PHOTOGRAPH NO. 2 ,,. ,. . ,..,,. , ........... ..., - ,, an Intersection of Komoha -••••••••, ,_ . .. , ,,,, ,_ ,,,r_ , . .,.• .. a • -. .:•*.:' .• 4 '''.•' '' . * .., Street and Ponahawai Lreet. • . - • - ... - • i, ,,, :•,, - _ _ ... . 14,1.... •..m.- - - /- • This photo was , ,,, „..-4' . . .. . ,• ,.' r-,4 .,V,VIVii,. '---r-; ---------- ,..„_.------ ,, . •,, ,,,,-,._., - i .. A --....... , - ._ • ---„ ,.- taken standing on -,.---,„ i ..- ----.-----------r-- . "-al,;• r. ... .,tit lk,.,---..-• - - . ;lir" ,i _ L... • _ -.-1.- Ponahawai Street ' . -•;.;,,, . , •,-, ; .4....,Jr., ---• • • - z, ...,,;.- facing southwest, . - ' • .. ,•- . looking towards the . - -,--- - -.-.. -...-••-- , • ' -- - - ...-..„... ,77,,-,-..t...4.57,....,-..—:„...;„-,.......,:„,,,,,,--•-• --;‘,.......t..---2:-..€11.,,i..4..:14,r„ - ::... , - •....„.•.. 0.-•-- .', .-''"".•.: ---- ..-• ,"_,','4,1',..‹"•4';,•"r.cf,-- ' . ....,,,,.... -•,....... ...-,,„-",.'._• -•,1".':',.,. '•-.2. intersection of • - • •--, ' . . .... , - - - x - .•‘•••••.•,..., -,vr.,--,,g7,;•;•,,!,:". ...--:-....---.-',t-.1,20..,,'.,-...,.. ,..i,...---- .1",..,.-. .-•:.•:,-• ...---..,,.--..-•,;,:-..,-,-,•. •,-..., i•-, Komohana street , . -• ,,,,,-,;, ' , „,-...•_. ,..,..-,,,..,„;',;',,‘„,'„ ---,1$1;.,:q',;,-4v--'u;-•-oy,,vti...f.z'_,4,-,.,,,-(.,-.-;..-..-.:7-',:: -.:•-.t-,,-.,.,•-•t.,:.;-.,1#*15._:,A-•*-=t•s,,..,:•.Aftq4„,,,,,--..,3':- -. _ . ' ..,,,,,,-7,::. ..„ ...:1,,.,....,. '. ‘,,,._-: -, .,.,.:••, ;•., and Ponahawai • „.,•,:'"w':'',,._;.,4tet-p.,',;'--'1:'--'-s,„lv-..f4,-,,,...;,'Ji7,,,i•0f,,-Af:•:„.;?,•.;,:.:,-';-.'•,:i,':,:'•.::?;',t i-,,,:•:;•.--.07'.':••-flr.:. "-,'!!'-';',: t,''44,4 :0%.4te,10- .'-',----!•,_-t,..,..-.•::';','; :,'-t•O't-i,:,-.... .., - P ' , ' -',..,--'''..-.., " ..Nt44i,'.0%. .' , -0i11-.',, , Street. ,,,,,, • r. L::'''' ..'..Fiiiti;:::,ii''''.1se.i.. ,''''..z.', -...k,i,k-fie.,,.:b.,',Z-0.,,,,,,,11. , "-',,,-.,-.'::1-;•,:i.i .--, --,--,.:;,-i -..' ; '-i-:4:4Pigtpi*--1--.,,,,,;--•-;-a::,;.'- ,;'''"-'-•-'' : -, ,,„•.„..-.'' - - , •,-:-' -'1.:.!'''':'`,, i'l",,,.0-0., ,„ aVt,,,P;'.'-iF:','!.',..;;,,-, {;-:'4'iiiklI3'..I.C.;1:Of:;;;•. :,!:-:714•;:f7jr-'1;47:17.-3.:t4rt73117,7;.;*%4';,-:**,*- -,•,,.,..,' '‘ ' .L ,..,,,,:-,"-.• ' "' ''-----,.',',':;;?..,',- 3...g-it-70..;-"iin:',;,,Fr. :'•-.7-,l'f'''t';..'-;.;-:'0:M.t=i; 11,'-kita',..',1=.:?''',3'7. .%,-. ''''"'.V,IVk'''.',..V4-4,4.,,,,,,'.:.-,,eie.,:i,,,l'.$,:,..:-.':::441,-„!;`,r1cr.,,.- . ,,. :;, 2•,.,,-,,,,,7,,,„,-,:,-6,z;:,,:lb.t...••,$,..,-,1-,1.,k,;g.;---..t.,,,:z.--,A,;,„,,,!,;:v„*.A.2-.zmle,..%0;Y:t4.:,.-`:.k.ilq."4,„ -,--*...., •-;:-..-'-,,:-.*-05.'" ,'...4 2.- ',‘,:,41`4,1.',:-:;,0{,,V4?'.''AA'"."7.'"*"':-.'-';''''''''''' . •"'''. ' . '...• ..',"..'"'"''"''' ''',.", '' ' '...,.""''-'-''':',.,Y4t-,1,..A":,.‘4.44.1,..44,W+Fr't",'''--/".','*,-.;''..-Mig4e."-:".-'4,"?'"qe.'-00",..f.';',',441,-.7. ..440's' - 'f".-",,•AVA/4.',."',-,0:.+V.:,,-,;:_rA.,=4,'''*141, r;"-.,',1 ;',.4'''''43",,,,AZ4f-,:-a:q.Z!'."'`.'iA:1.4`;4,nr,..1-$44-r:'''.,";.'",rt",,:r.V.4,14 ,.. '''','''''':,',.,/14., 1i.:t.FM.14..4.10..O.t.,,,-Atervr,g. - - -; ."- ,—. • ,'''''''./;,''''.::' -',:.• ,. ...-.64:t14.0•114:**t4Ys4..;i:k4::.' ' 12''' r` '.. '- .4.'"-.7„..,--t-,;':!•tIO,p,..:v - -'-'1-,1-,:,:q140*INtrifmt-41144101T-,,,.-r;,ri,-v1730 . , ' ,-,.,....,,,,,,-....:, ..--. ,, .,,-,,-,,,,,,, ,,-,,.,4;4,k,-.3.,4,4%V.,,x,,-,,if,A1,4 • ,;', .;:‘,.A,,,,,,-„,'„,"..,,,;;',, ,,,,4-.V.4.,..?„-t:',V41,,N,,,i,b7,,i,..,,,...14iiVf.0;t0104,„ ;:41k.32. 4.05;,4W..7k/ 7,'••I'Tfg,,,30:3., ' , '.. • . ''-.',,,,VV,Ci?:::,4.4104-',!,,,,',,td'z.,-,...---".1,r,`T...;.,',4-,V.'..'''','•'''..,i,..,....k,,;-.4.,..:.,'"",,,i,-N:V.,,A.,•;.-Vliii.k4...e... '''''''.1',.•'''''''‘4:-'11.' Ok?.„i.i.,..„ ,:*,,,,,, '1-,,,.,, • •-' ..' ' -.•','...,•;•;......,;,,‘,:,."..,. .,:tYtfa,-V7.,.:. :!:.,:.?2,:ti..!,.'....is,:s.'..,:,-,.;:.:.,......°,?,,z':,,,,,,,,,:,...,,::,,,ri-5:,,,,,,,,„..4,7V..,,,,.14,:..,,,,,,,,,•••,§rd.,7."4"442.. --- •-'"-•,;',:•";:,,,N'v41 :,,4,:,,.-..,rd,,,%'',',•'''. 4 .. ,: ,- ' . ;:',"•':ii"•;•',','''''.,t2Itert,.;:i*,"!..,,:,.:.;:',,,`,----.r'', :-...'-;.•'.:',',.:',... -:,,..i.',,..:'t'''..-L,.'y,-.':..5:,''..P.,71-:,'a-.'44:14;f4Vx,'1:4.).4%,,,....' - . "''-''...."'-',.;A,'",•'-'0,-V‘e.,,.. .‘C'' . - ., ' . . ' ....:',''.',..'-':',c;:'"..,',744-',,:i''''.'`,...*-1'.','• -",•:,•'`...,',;-:...,.. •...::):,,-":„''•'.:''.;-..."-.., '''.,;"'-':':.,:''J'`*sctil'Ati:040510.P'...!,,,,,.. '''' '''''''''''''''j''''eX,',',.';..''''''''''',11, .7 .• ...,.., . . , . _ , .. . .,, •,:, ... , .., . , - ..._. .._ , , ... .,,..... ..„ . ._ _ — J .- . •• ,. • . . - • • SITE PHOTOGRAPH NO. 3 , 1 , •1 p' 3 • I • . (.., Y This photo was - _ j { taken standing on -�. ` leer`'_ f _ �� ' Ponahawai Street :� µ ,` �,w facing northeast, iv, , y looking towards '��R° Hilo Bay. ;; y • µFv `. -- f 1 P R' s PLANNING DIRECTO RECOMMENDATIONS : • • FORWARD A FAVORABLE RECOMMENDATION TO AMEND THE CHANGE OF ZONE REQUEST TO THE COUNTY COUNCIL. ,..,,..., • APPROVAL WITH CONDITIONS FOR THE AMENDMENT TO USE PERMIT NO. 13-000042. ,; •, ..,..„ • ..;•4•:,:". • . . • . . .. . , . . , .. . . .. • . . . . .. . . . . .. . . •.. . •. . . . . . .. ,- • _ . .. . .. . .. . , , . . , ..„ . . . . .. . . . . .. .... , . .. . . . . . . . , , . .„. „ . . . .. . , . . „ . . .. ,. , . . . . . . , . . ..,i rr .. «..,... :, 9'.l ., .yaw' .. 3".'?u^'.'+hv, ..*„.„0,....„1„7„,7,..„.1,lC:;,a..a.-..•-..�. .,,,,,,,,,,,,,..4,,,,,t` :.-7:,,, -,',. .. ..'4. %.,,, ..P 4 „.,*, rb% 'F'- ,',`M. �, ..,, .... u:.i�,. .At...'p.m g a.ni-z .., R•,•,'k `w , M,., , . ., :,. ,..2 nC'.3f.a\Sa41.:\�t£fvk �«t7•�'�v1ttA��'j�l$.. n .. .... ...x .a.:.:t .'.t' 'x.l ,,�. ., ... : ..:-,. .. ....., �:.:.: . a .. :....z. .::.r. ,.. r , 1.. vk�......... .s r, .b 5lx k,.• :x't .: .. ,.. , ,. . a x ,. ... t .r. ,.t,.,,.i rt.,,.... .r ,.w.x.ry v.A..h»•5. ... ,,. ,n :} 4 r1'h { .: .., .-. \ .r 1l. ' ., .. ,n ...1...... .,z,k 1 a xu.L.,,J.'i ,i, ...,J.. k .^.•:"•t 1: ,, ..,tx ri. ,. ,: .,.. ..vr. , l..a r. �.,r.,..: � J .. .3... a..., T ., 1.. �, y�.�.. ...Fr .l � h.w...,.. :.. 1` {1 �, ,, ,,. ,: ... ,, .::... ... ,.;..,. a. v n I,.f.n.. ,.n J,.x . ....,.sf. .:_.:Y�1.L,. ,..,.7,, �, x, . ."� d. 4.i A�,�� ,,k. :,¢; '£�";. . J -,. .... ,;.. .,.,. .w,r. „,i., i •1J '� .,t. .4 , '4. ' x 'hr .l:».t. F.: M1rY•:. :N ,, a. .. ,,..al . :� ..;.. a,+ r 9.r. ... x�#. ..,. .,. .tp .. k. k a 2 a""�i twa'Y£, .�5k`Y,r..r, t, v.. "Y4_.....�3:., ,xu ... :..}:.. r.:-r., .. r. Y h. ,>r�t � 3 r , ..F..A h ..�,�";3 ,Y ,tir., k,�'� ,. .r _.�,. , r.. , .. .. r Y a ca L �.,�y ,:tv xr, ,, .. .h•B x k..ts..3 ��.7„r. 1 .. `a. �..,.,. t. ,.,..,.t. .. .. � ., &.� _ '".� � .+k ...�, ,. . :' ..:,. ..., < A .�s, . k9 3 x,., n { . vr.....,...5.'n.., ..,., , ._,... ....,... « .k.. x , .3 _..u.� bn .,h, h .... .. a_.t.�,....;.a, .} .. F:.3. s.x,z.fi..,✓.....x.,�......k ,a 2 11..ee ,k ......,�a..;,.., d.....�ir..�'n M1 ,�• Ayn :' .: : ,,. .. . .1.L., �.a$...,.. . f ......,, v ttF.§' �,' V � ,..k'^% .. ?.,. ,.:,�.....rN�.,,. .: .. .M1. ..r...., '. � A , :.. .:: .,.. ..._. k, n ....,. ,....5.... ..r.w.. �.�,. ..F....,.,. i��.,... 5.r...� ... , ! .. ,._. ."?3'r /x.a�' ..�'..H:.. '.ay _:. r.i .. i.,.d.,.. 1 ... ... .. , ... , ...t.. x,.. E ,.._y <' S. „k ! .. �:.... ...8 R ,...�.,b. ,�, b� :� , , .. ..' , ,r',,, ,. ,. a J+ J J . u « !.k..,,,,F1. .2 .. n , ,, .,r:"'"I .'L..rz,'j ,vli: .� ..a :. .. ,� ...... .. . ,„ .'..0 ax.,.... .1,r.. .sd .t. ..3....., .«: b.... {. .v'p.,b , § v .. ..x+.. ..ru ,,.5,, ti'1 f 2..t• , �i' h s. xv s, vx.,. _ , .. ..,0.r.... Y h ,,, .....,.F.4.n .u.k v,b..,. x., .. .. .�. :A,x. ,,, S' ., . } •,Y'' .. ....,, ,..... .� r... .. .� e. '�.... ,.. � (kv, ,.....a,.Ax�r >.. fi, a .5�,,. ,h,..t ar ,�i�. '�,iib, .. •";:r.. ..,,¢¢��,y5��i� .,.a"`.� ... ... , ,.., . ,.:1 , f.5 ,,.'ar ,.» ,. :a�b ,,hrv'v. ,... .Y ..F. x..,.,.� �x u x ...yykx�.R'v§,...•.L, ,. T, ,. P , v..t �vht r.�.r.. n ti^,^p.� ,. r . , 'fR.x{ v... .v f,tv ,,..,5..a ,. , N ,,, i v !,...h$, ..., %.. .. b v .. !+� ... .. ,� .. .9 r. 3� .... .9 ..« ,,atl � i,.. ,3 ,x.:,., v x:..,7',:trd'd'9• ... .. `+d: ,,§:,,,,:.:44::, ..4 r lx..s .r S. .,..�, r �.3 i , .. u�. ..k.... ,x.. � ,� .0.... � .... ..al...d.'• .�k'• •t` k: . ! , .. r..F. ., ... a,..x.. n a:a.., ..,,. .. z .n �. ,.i,i, �.x.„r, T.,�. x «r .,x„ x,,.,.. ,.: .. r'ak... r�' J�- ..+fi ' ,x a. :.. .. ,... ..... .,... x.l. .n4,....,. ...x ..« ,...7,.......E ,... M1n.c ,.,� ..k 1 . ..I,. ..x .n...t,..,>, .�,. ,`kz. ) k .<t?,n d,« kt kk.. .�,. .�`�;. , k .,'F. ., ,,.. r..,: . :....s,... .>.. ... 5. h ..,. ..r. r 7.x5«.d. .. ..,x.H., .. ,c,r.. 'x, .. , .,.,, $.. ,',c? ��f!,. i . ut 1�1 f xf, 4 ....: ,. ,.r... ' .,,> ... , ,,.i:.. ,F.,... .„„, ,,,..,PsJ „p.. ., ,h. ., k . ,�' I «i.. .b. .k; f. r,#,rftG. : x .x._..,,s r„+ ,.,>s, „.,. ,H' s �... �"^ ,r ��, ..:1�,,' , fe,., ''j !€�l:�i't"x' a �• r� �r7r'.4 .. 1 :.h.,. ,,,:p,af,c•. �,..t ......J.. t,. .3,.. .nY. r „• ..� ,,. ,' ,rx. ,., u'�Uk'.. .. , z' .. ggiyykkjj a :rr`. §'' =,3 e h. ...,.F .+u:-... . Y: ': ''.. ...... ,: n....M1 .,, µ' .y. 'fi �. rK,. «5{ .`4 .. .... .'. ..9. ,{$r:,,��p :q.. 4444c,� rp �RC�,.F.:•. 7:'rr I'. �.: ,rxpn,`v rl�r :5 t ,r ,N,1 ,.i ,.S y l,,ti. `'a. yc�, .�n2.y�,, fi��F paa y �.�y .s�j;� .a. �j�=..f, ,y',.. 1.!�y}. ....'. p ••y el.r yy� r .3 ,. ,.� '�r�1r v4 fi. C +y �'�, dx'.,4.l:.tA �:,..: a:Li,S{F'A�'i�LS•fi§1N�$.'p.�5,�,k§.Li'1 uI{'}+.{a kk k.3?rFi`.>Z.N.i.Yn,Ft4"t'uj,�,�n4r�i`.�2....�.'+!i:h ..{WAI Lfl�rn:�,� 9���N.���G�.^Jt�..IM��AlY�.3�.,��i.. , ..t•4L:L. .'tM��......-..'} f�����1/5�����„Ar �...C�4. ,�,iaJfb.i[�TY:•�.. �� FR.. .�.e x.d{.uW�:MHJ�Lv.6x.,..:Jd%�LIF�r[x:.{YviJvv . r WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 5, 2018 A regularly advertised hearing on the applications of MICHELLE A. MITCHELL (REZ 06- 000047 and USE 13-042) was called to order at 9:17 a.in. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Joseph.Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph,Clarkson, Donn Dela Cruz, Donald Ikeda, Thomas Raffipiy, John Replogle. 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 4 members from the public in attendance. APPLICANT: MICHELLE A. MITCHELL(AMEND REZ 06-000047) Application for a 5-year time extension to comply with Condition C (Complete Construction) of Ordinance No. 07 166, which reclassified approximately 1.278 acres from the Agricultural-1 acre (A-1a) district to the Multiple-Family Residential-5,500 square feet (RM-5.5) zoning district in 2007. The subject property is located on the south side of Ponahawai Street, approximately 650 feet east of its intersection with Komohana Street, Ponahawai, South Hilo, Hawaii, TMK: (3)2-3-037:015._ APPLICANT: MICHELLE A.MITCHELL (AMEND USE 13-000042) Application for a 5-year time extension to comply with Condition No. 4 (Complete Construction) of Use Permit No. 13-000042, issued in 2013 to allow the establishment of a medical clinic and accessory uses on 1.278 acres of land. The subject property is located on the south side of Ponahawai Street, approximately,650 feet east of its intersection with Komohana Street, Ponahawai, South Hilo, Hawai`iTMK: (3) 2-3-037:015. CLARKSON: The next item on the agenda is an application for Michelle Mitchell amending Rezone 06-000047, and I'll let Shancy Watanabe from Planning staff explain this application. HALL: Shancy, are you doing both, are you presenting both at the same time? Okay. CLARKSON: Okay, we're going to combine since the same Applicant has made two applications, we're going to combine Agenda Items 2 and 3. The third item is amending a Use Permit 13-000042. So, I guess, Shancy, you'll be explaining both of these to us? WATANABE: Yes, Chair. 1 CLARKSON: Thank you. WATANABE: Thank you and aloha mai kakou. The Applicant is Michelle Ann Mitchell, and she's requesting amendments to Change of Zone Ordinance 07-166 and Use Permit 13-42. This is the location map. The subject property is in the South Hilo District. We have Komohana Street running in the north to south direction and Ponohawai Street running in the northeast to the southwest direction. The subject property is outlined in red just-here. The Applicant is requesting a five-year time extension to comply with Condition C of Change of Zone Ordinance 07-166 and Condition 4 of Use Permit 13-42 which required construction completion by November 2nd, 2017. Currently, the building is about 80 percent complete. The Applicant aims to complete the building and related.improvements for this project later this year. Dr. Mitchell is looking forward to providing a modern facility for medical services to the East Hawai`i community. In 2007, the Planning Commission granted Change of Zone Ordinance No. 07-166 which changed the zoning district from Agricultural— 1 acre to Multiple Family Residential—5,500 square feet. The former applicant proposed to build an apartment building; however, the current applicant purchased the subject property in 2011. with the intent to establish a medical clinic. In 2013, the Windward Planning Commission granted Use Permit 13-42 to establish a medical clinic and accessory uses. This is the Applicant's proposed site plan. To better illustrate the features on the property, we've added some color to them. The blue areas indicate the drainage easements, the green areas show the proposed landscaping, and the pink shows the proposed flow of traffic on the property. And, the yellow is the,subject building for the medical facility. This is the Applicant's proposed parking site plan, and this is the Applicant's proposed floor plans for each level. The Applicant provided these elevation plans, and this would be the view from Ponahawai Street here. This is the Zoning Map. The subject property is shown in the dark brown which is RM District. We have the pinks in the Commercial zone, and the green is showing the Agricultural zoning, and the yellow is showing the Residential. The Alenaoi Stream is shown here in the blue, and that's about 350 feet going in the easterly direction away from the subject property. This is the State Land Use Boundary Map. The subject property is in the State Land Use Urban District. This is the General Plan Land Use Pattern Allocation Guide Map. The subject property is designated as Medium Density Urban. This is an aerial photograph of the subject property prior to construction. This photo was taken a few months ago standing on Ponahawai Street looking directly at the subject property. And, this 2 is the medical facility. The improvements for the parking and other site improvements have yet to be completed. This photo was taken standing on Ponahawai Street facing southwest towards the intersection of Komohana Street and Ponahawai Street. And, this photograph was taken on Ponahawai Street looking towards Hilo Bay in the northwest direction—northeast direction, excuse me. The Planning Director respectfully submits for a favorable recommendation to the Change of Zone request to the County Council as well as an approval for conditions of the amendment to Use Permit 13-42. And, in your packet this morning, you've received two-copies. One would be ' requesting a copy of an email from the Applicant's attorney, Tom Yeh, r q g revisions to our condition language for the amendments. So, for Condition B, the Applicant's attorney is requesting that we delete language referring to the Department of Water Supply's letter for November 22nd, 2017. The Applicant is still going to comply with the Department of Water Supply's conditions. It's just they would like to request that that language be removed, and for Condition L, which was originally the solid waste management plan condition, we revised it to indicate that they would have to do with outdoor lighting compliance. The Applicant is requesting that that is changed because they might be opening during the night hours and working late, so we revised that condition to now use our standard construction methods and how it complies with the State of Hawaii standards. That concludes my presentation. If there is any further questions, I am happy to answer them. CLARKSON: Any questions forstaff from the Commission? RAFFIPIY: Yeah, I havea question: Can you just clarify which ordinance—you know, get that, over hear we get Ordinance Q7 166 and on the email get Ordinance 07 066. Is it 166 or 066? WATANABE: It should be 166. RAFFIPIY: Okay, thank you. CLARKSON: Any further questions? If not, will the Applicant or their representative please come forward? Please raise your right hand. Do you swear or affirm to tell the truth on n this matter before the Commission today? YEH: Ido. CLARKSON: Please introduce yourself, where you reside, and who you are representing. YEH: Certainly, thank you. My name is Tom Yeh. I'm an attorney assisting the Applicant in the Use Permit application. I reside in Hilo. My business is in Hilo also. You know, Dr. Mitchell is not here today. She apologized for not being able to do so, but she is busy with her practice so to speak. And, you know, in this instance, you know, it is a relatively simple request that we're making. I just want to basically illustrate for you the real need that we have for this medical facility. We now have a number of PCPs who are retiring. There is a great 3 shortage of PCPs along with other specialists in Hilo, and so what Dr. Mitchell has done is she's created this opportunity I think for being able to help serve and supplement the medical needs of the community. Frankly, she is really deep into this thing from a monetary financial investment perspective. That's the reason she is working today to be able to pay the loans for this facility which is a pretty ambitious undertaking, and so, in our discussions with the Planning Department about the conditions, we wanted to make some of these conditions a little bit more livable. She is still working with the Department of Water Supply and the Fire Department a little bit on some of the water flow requirements for fire-fighting purposes and we're going to get those adjusted and that's why we wanted just to kind of leave those conditions as simple as possible. She wants to finish up the construction once she gets through some of these hurdles, so with that, we're asking for your help in allowing her to be able to do that in that time extension sort of way. So, thank you. Otherwise, I'm open to questions. CLARKSON: So, you've received a copy of the revised conditions? YEH: Yes, I have, thank you. CLARKSON: And, so you're in agreement with the Background Report and Recommendations and conditions as they now stand? YEH: Correct, thank you, we do. CLARKSON: Are there any questions for Applicant's representative from the Commission? If not, thank you very much for your presentation. YEH: And, thank you all. Appreciate it. CLARKSON: There hasn't been no one signed up to testify on this matter. If there is no public testimony,I''ll ask that public testimony be closed, for a motion that public testimony be closed, please. REPLOGLE: -I move that public testimony be closed. IKEDA: Second. CLARKSON: It's been moved and seconded that public testimony be closed. All those in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Motion carried. Public testimony is closed. Is there any discussion of this item from within the Commission? If not, I'll ask for a motion— RAFFIPIY: Question, Mr. Chairman. I know that you were, you said that you were going to combine this two, so are we—? 4 HALL: One motion at a time. RAFFIPIY: One motion at a time? Okay, thank you. IKEDA: Mr. Chairman, I'll make the motion. I move that a favorable recommendation be forwarded to the County Council on the request to amend Change of Zone Ordinance No. 07-166 based on the Planning Director's recommendations, findings, and proposed amended conditions which shall be adopted. RAFFIPIY: I second. CLARKSON: It's been moved by Commissioner Ikeda and:seconded by Commissioner Raffipiy that a favorable motion—that a favorable recommendation be sent to the County Council. If there is no further discussion on this motion, I'll ask staff to poll.the Commissioners. WATANABE: Thank you, Chair. Commissioner Ikeda? IKEDA: Aye. WATANABE: Commissioner Raffipiy? RAFFIPIY: Aye. WATANABE: Commissioner-Aguinaldo? AGUINALDO: Aye. WATANABE: Commissioner Dela Cruz? DELA CRUZ: Aye. WATANABE:_ Commissioner Replogle? REPLOGLE: Aye. WATANABE: And, Chair Clarkson? CLARKSON: Aye. WATANABE: The motion carries six to zero. Mahalo. CLARKSON: And, is there a motion for action on the second half of this application? 5 REPLOGLE: I move that the application to amend Use Permit No. 13-042 be approved based on the Planning Director's recommendations, findings, and proposed amended conditions which shall be adopted. IKEDA: Second. CLARKSON: It's been moved by Commissioner Replogle and seconded by Commissioner Dela Cruz [sic]. Was it? Did I get the right person? That this favorable recommendation be made. Is there any further discussion from the Commission? If not, another vote,please. WATANABE: Yes, Chair. Commissioner Replogle? REPLOGLE: Aye. WATANABE: Commissioner Ikeda? IKEDA: Aye. WATANABE: Commissioner Aguinaldo? AGUINALDO: Aye. WATANABE: Commissioner Dela Cruz? DELA CRUZ: Aye. WATANABE: Commissioner Raffipiy? RAFFIPIY Aye WATANABE: Chair Clarkson? CLARKSON: ,Aye. WATANABE: The motion carries six to zero. YEH (from audience): Thank,you. The discussion ended at 9:31 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6