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HomeMy WebLinkAboutCOM 1135.000 2016-2018 c,•• q '•,, Wil Okabe \�o,, Managing Director .il����r Harry Kim *:+ �:„i..���* Mayor �`-''�� `-`�� • Barbara J.Kossow +k4. Nw M;:•���.= Deputy Managing Director Tf SOF A P•4 nuttf - tifc aintf ®ffixr of Atavor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA. 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 C?' October 8, 2018 .o crri c< c Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Poindexter and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 06-47 (REZ 05-000016) Applicant: Janice Oshiro Request: Amendment of Condition 2 (Complete Construction) and Condition 19 (Administrative Time Extension) of Change of Zone Ordinance No. 06-47 Tax Map Key: 2-2-028:030, 032 and 033 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincere y, HARRY KI Mayor MTransCouncilOshiro amendo rd06-47REZ05-016 Enclosures Comm. No. cc: Planning Department Ref. To: PC- 2o 2 Ref. Date OCT 0 9 2018 County of Hawai`i is an Equal Opportunity Provider and Employer Harry Kim •' :n " ��,I,r,,:;�`� Joseph Clarkson, Chair Mayor ;• i �_�1G;�%� Donald Ikeda,Vice Chair Gilbert Aguinaldo •' ; Donn Dela Cruz r''¢oF'Nr'�� 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 OCT — s 2Qt� 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. 06 47 (REZ 05-000016) Applicant: Janice Oshiro Request: Amendment to Condition 2 (Complete Construction) and Condition 19 (Administrative Time Extension) of Change of Zone Ordinance No. 06 47 Tax Map Key: 2-2-028:030, 032 and 033 The Windward Planning Commission, at its duly held public hearing on September 6, 2018, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 06-47. The property is located approximately 163 feet northeast of the Kilauea Avenue and Lanikaula Street intersection, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a 5-year time extension to comply with Condition No. 2 (Complete Construction) and to amend Condition No. 19 (Administrative Time Extension) of Ordinance No. 06 47, which reclassified approximately 28,002 square feet of land from the Single-Family Residential-10,000 square foot (RS-10) zoning district to the General Commercial-10,000 square foot (CG-10) zoning district. The applicant proposes replacing Condition No. 2 with the following flexible language: Hawai`i County is an Equal Opportunity Provider and Employer Valerie T. Poindexter, Council Chair and Members of the County Council Page 2 " Construction of the proposed commercial development or use of the property, as substantially represented or as permitted by the zoning district classification, shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed commercial development or use of the property 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 parking stalls associated with the proposed commercial development or use. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent RS-zoned properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirement) standards." Currently, the language for Condition No. 2 of Change of Zone Ordinance No. 06 47 states, "The proposed development shall be established within one (1) year from the effective date of this ordinance. This time period shall include securing Final Plan Approval for the conversion of the single family dwellings into offices from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the development. Landscaping shall also 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 Planning Department's Rule No. 17 (Landscaping Requirements)." In addition, the applicant is requesting to amend Condition No. 19 by enabling an administrative time extension, which would read, "An initial time extension for thep erformance of conditions from the effective date of this amendment may be granted by the Planning Director upon the following circumstances..." Finally, the applicant is also requesting to add the condition below to address traffic impacts, "Should the applicant, successors or assigns develop a land use which the Planning Department, in consultation with the Department of Public Works, determines that the proposed use will generate over 50 peak hour trips, a Traffic Impact Analysis Valerie T. Poindexter, Council Chair and Members of the County Council Page 3 Report (TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Kilauea Avenue that may be deemed necessary by the Department of Public Works." The Planning Director recommends a condition to address traffic impacts should the use generate over 50 peak hour trips. If granted, the request will allow the completion of construction within five (5) years of the effective date of this amended Ordinance, with the possibility of an administrative time extension of an additional five (5) years, for a maximum of ten (10)years to complete construction. The proposed project consists of converting two (2) existing single-family dwellings into office spaces, with the potential of demolishing them and constructing a new commercial building on the subject site. This project consists of three adjacent parcels, totaling 28,002 square feet. In the original request, the applicant submitted a site plan depicting the following: • Proposed conversion of an existing 1,288-square foot single-family dwelling with an existing carport into office space on TMK: (3) 2-2-028:030. The land size is 13,906 square feet. • Proposed conversion of an existing 1,312-square foot single-family dwelling with an existing carport into office space on TMK: (3) 2-2-028:032. The land size is 12,416 square feet. • Nine (9) proposed onsite parking stalls. • The existing 1,680-square foot roadway lot, known as TMK: (3) 2-2-028:033, will continue to provide road and utility access to parcels 30 and 32. 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. The effective date of Ordinance No. 06 47 was April 12, 2006, which required completion of construction within one year or by April 12, 2007. The granted administrative time extension gave an additional year, or by April 12, 2008. Several factors affected the ability and focus of the applicant to develop the property, as the applicant and her parents were to develop this project together. However, a death in the family shortly after the approval of the original Change of Zone Valerie T. Poindexter, Council Chair and Members of the County Council Page 4 request took the energy and focus out of developing the subject properties. Despite having to pay higher county real property taxes, the easiest option for the applicant was to continue renting the two (2) existing dwellings for residential uses. The unanticipated global economic meltdown and the financial crisis started in 2008, when things were settling down for the applicant, and made securing any of the proposed project financing difficult. As trends now indicate a growing economy, the applicant remains committed to completing the construction and related improvements for this project. 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. There have not been any significant changes to the General Plan or Zoning Code for this area since the subject rezone approval in 2006. At that time the General Plan LUPAG Map designation for the property was the same as it is today, High Density Urban. This designation includes uses such as general commercial, multiple family residential up to 87 units per acre and related services. Since the subject property was rezoned in 2006, the property to the south,known as the Lanikaula Professional Center, reclassified its zoning from RS-10 to CG-20 by Change of Zone Ordinance No. 06 143. The Economic Element of the General Plan encourages the county to provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. The applicant is simply seeking additional time to complete the construction and the conditions of the original approval of the change of zone request. The Planning Department is supportive of the request for a time extension as the applicant is committed to completing construction and the related improvements. The three (3) subject properties are on the east side of Kilauea Avenue. The existing paved driveway is about 18 feet wide. Kilauea Avenue is a 60-foot right-of-way fully improved pavement with curbs, gutters and sidewalk. The City of Hilo Zone Map proposes to widen Kilauea Avenue into an 80-foot right-of-way. Therefore, the existing Condition No. 5 of Ordinance No. 06 47, requiring a 10-foot road widening strip along the frontage will remain. On-street parking is not permissible along this section of Kilauea Avenue. Condition No. 6 restricts access to Kilauea Avenue to a single location, and no left turn shall be permitted from the commercial property on to Kilauea Avenue. This condition will remain. Valerie T. Poindexter, Council Chair and Members of the County Council Page 5 The County Council adopted concurrency requirements for water, roads and civil defense sirens. The DWS indicated that county water is available with conditions. On June 18, 2018, the Department of Water Supply(DWS) specified that water can be made available from an existing 10-inch waterline within Kilauea Avenue which fronts the subject parcel in accordance with the Department's existing water availability conditions, which are subject to change without notice. The parcels are currently served by two (2) existing 5/8-inch meters. Please be informed that one (1) unit of water, or one (1) 5/8-inch meter is limited to an average daily usage of 400 gallons per day, which is suitable for only one (1) single-family dwelling. The Department has no objection to the proposed application subject to the applicant understanding and accepting the following conditions: DWS requests that the applicant submit estimated maximum daily water usage calculations for the proposed use that meets their approval to determine the water commitment deposit amount, prevailing facilities charges and the appropriate service lateral and meter size; DWS requires the installation, inspection and approval of a reduced pressure backflow assembly; and, DWS has stated that the relocation and adjustment of their affected water system facilities may be necessary. Further, the DWS informed that the existing 10-inch waterline within Kilauea Avenue fronting the project site is adequate to provide the required 2,000 gallons per minute flow for fire protection, as per the DWS standards. The Department recommends that the applicant contact the Fire Department for any fire protection requirements. A proposed development that will generate over 50 peak hour trips requires a traffic study. Based on this request, a Traffic Impact Analysis Report is not required. However, the Planning Director recommends adding a condition to require a TIAR should the proposed development generate over 50 peak hour trips. The nearest three (3) Civil Defense Agency (CDA) sirens are each over 4,000 feet away from the subject properties. The proposed project does not trigger the requirement of an additional CDA siren at this time. Although the CDA did not comment on this specific amendment request, they did provide their comments for the original request. On September 29, 2005, the CDA commented that the proposed project lies within the Tsunami Evacuation Zone, which the applicant should develop an Emergency Plan to address and respond to this hazard. For the safety of the public and to address planning for other types of emergencies, the Planning Director concurs and will add a condition for the applicant to develop an Emergency Plan in coordination with the Civil Defense Agency. Thus, the proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. Valerie T. Poindexter, Council Chair and Members of the County Council Page 6 During the review of this amendment request, our office sought comments from other government agencies to understand how their rules and regulations will impact this project. To ensure compliance with their regulations, many of the comments received are now conditions in the Planning Director's recommendation for approval by the Planning Commission. The Planning Director recommends updating the existing conditions to reflect the current standard language. The applicants will be required to comply with all agency requirements and stated conditions of approval. This favorable 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 uses permitted within the General-Commercial zoning district, prior to its commencement and during its establishment upon the subject properties. Additional governnental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 06 47. In addition, the Planning Director recommends that existing conditions in the Ordinance be revised to reflect the current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 06 47 is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck- through; new material is underscored. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Since y, jet oseph Clarkson, Chair Windward Planning Commission LOshiroAmendREZ05-016wpc2 Enclosures Valerie T. Poindexter, Council Chair and Members of the County Council Page 7 cc: Sidney M. Fuke, Planning Consultant Janice Oshiro Department of Public Works Department of Water Supply DOT-Highways, Honolulu Department of Environmental Management Amy Self, Esq., Corporation Counsel II BOshiro-AmendREZ.doc shw-08/29/2018 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JANICE OSHIRO AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 06 47 (REZ 05-000016) JANICE OSHIRO has submitted a request for a 5-year time extension to comply with Condition No. 2 (Complete Construction) and amend Condition No. 19 (Administrative Time Extension) of Ordinance No. 06 47, which reclassified the county zoning for approximately 28,002 square feet of land from the Single-Family Residential-10,000 square foot (RS-10) district to the General Commercial-10,00'0 square foot (CG-10 district in 2006. The subject q ) J property is located approximately 163 feet northeast of the Kilauea Avenue and Lanikaula Street intersection, Waiakea, South Hilo, Hawai`i, TMK: (3) 2-2-028:030, 032 and 033. PROPOSED ACTION 1. Request and Reasons for Request: In 2006, Change of Zone Ordinance No. 06 47 reclassified the county zoning for approximately 28,002 square feet of land from the Single-Family Residential-10,000 square foot (RS-10) district to the General Commercial-10,000 square foot (CG-10) district. The applicant is requesting a 5-year time extension to comply with Condition No. 2 (Complete Construction) and to amend Condition No. 19 (Administrative Time Extension) of Ordinance No. 06 47. The applicant proposes replacing Condition No. 2 with the following language: "Constriction of the proposed commercial development or use of the property, as substantially represented or as permitted by the zoning district classification, shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed commercial development or use of the property 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 parking stalls associated with the proposed commercial development or use. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent RS-zoned properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirement) standards." Currently, the language for Condition No. 2 of Change of Zone Ordinance No. 06 47 states, "The proposed development shall be established within one (1) year from the effective date of,this ordinance. This time period shall include securing Final Plan Approval for the conversion of the single family dwellings into offices from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the development. Landscaping shall also 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 Planning Department's Rule No. 17 (Landscaping Requirements)." In addition, the applicant is requesting to amend Condition No. 19 by enabling an administrative time extension, which would read, "An initial time extension for the performance of conditions from the effective date of this amendment may be granted by the Planning Director upon the following circumstances..." Finally, the applicant is also requesting to add the condition below to address traffic impacts, "Should the applicant, successors or assigns develop a land use which the Planning Department, in consultation with the Department of Public Works, determines that the proposed use will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be submitted for review and approval by the • Department of Public Works prior to Final Plan Approval. The applicant shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Kilauea Avenue that may be deemed necessary by the Department of Public Works." -2- If granted, the request will allow the completion of construction within five (5) years of the effective date of this amended Ordinance, with the possibility of an administrative time extension of an additional five (5) years, for a maximum of ten (10) years to complete construction. The proposed project consists of converting two (2) existing single-family dwellings into office spaces, with the potential of demolishing them and constructing a new commercial building on the subject site. This project consists of three adjacent parcels, totaling 28,002 square feet. In the original request, the applicant submitted a site plan depicting the following: • Proposed conversion of an existing 1,288-square foot single-family dwelling with an existing carport into office space on TMK: (3) 2-2-028:030. The land size is 13,906 square feet. • Proposed conversion of an existing 1,312-square foot single-family dwelling with an existing carport into office space on TMK: (3) 2-2-028:032. The land size is 12,416 square feet. • Nine (9) proposed onsite parking stalls. • The existing 1,680-square foot roadway lot, known as TMK: (3) 2-2-028:033, will continue to provide road and utility access to parcels 30 and 32. The effective date of Ordinance No. 06 47 was April 12, 2006, which required completion of construction within one year or by April 12, 2007. The granted administrative time extension gave an additional year, or by April 12, 2008. Several factors affected the ability and focus of the applicant to develop the property, as the applicant and her parents were to develop this project together. However, a death in the family shortly after the approval of the original Change of Zone request took the energy and focus out of developing the subject properties. Despite having to pay higher county real property taxes, the easiest option for the applicant was to continue renting the two (2) existing dwellings for residential uses. The unanticipated global economic meltdown and the financial crisis started in 2008, when things were settling down for the applicant, which made securing any of the proposed project financing difficult. As trends now indicate a growing economy, the applicant remains committed to completing the construction and related improvements for this project. The applicant feels that the -3- granting of this time extension request would not be contrary to the General Plan or Zoning Code, nor contrary to the original reasons for the granting of the change of zone. (PD Exhibit 1 —Time Extension Request). 2. Landowner: Janice Michiko Oshiro Trust is the landowner for all three (3) parcels. STATE AND COUNTY PLANS 3. State Land Use District: Urban. 4. General Plan LUPAG Map: High Density Urban. 5. County Zoning: General Commercial-10,000 square feet (CG-10). 6. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by the Planning Commission, Resolution No. 1 on May 21, 1975. The Land Use Concept Map identifies the area for a RM-4 designation. 7. Special Management Area: Regulated by the County, the Special Management Area (SMA) is a part of the Federal Coastal Zone Management Program. Outside of the SMA and tsunami inundation area, the subject property is approximately one (1) mile from the nearest coastline and just over 2,000 feet from the Waiakea Fish Pond. DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA 8. Subject Properties: The project site is about 163 feet northeast of the Kilauea Avenue-Lanikaula Street intersection. This amendment request consists of three (3) separate parcels,known as TMKs: (3) 2-2-028:030, 032 and 033, for a combined total 28,002 square feet of land, situated about the 50-foot elevation. On January 15, 1964, the Planning and Traffic Commission granted Final Subdivision No. 2076 that created these three (3) subject parcels. TMK: (3) 2-2-028:030 fronts Kilauea Avenue, and consists of a single-family dwelling built in 1928. Adjacent to parcel 30 is a private roadway lot, known as TMK: (3) 2-2-028:033, which also provides access to the parcel 32 in the back, known as TMK: (3) 2-2-028:032, which consists of a permitted single-family dwelling built in 1965.. 9. Surrounding Zoning and Land Uses: To the north is a two-story Kilauea Financial Plaza, commercially-zoned as CG-10. To the south is the Lanikaula Professional Center (LPC), whose zoning is CG-20 by Change of Zone Ordinance No. 06 143 in 2006. Directly west and across Kilauea Avenue of the subject property is the Tykes -4- Laundromat and Personal Touch Dry Cleaning, zoned commercially as CG-10 and CG-20. To the east, the zoning for those properties are RS-10, which consist of single-family dwellings. 10. Flood Zone: On June 26, 2018, the Department of Public Works Engineering Division commented that they have no objection to the development and administrative time extensions. However, they wish to remind the applicant that the conversion of the dwellings into office space must comply with Chapter 27, Floodplain Management and the flood zone boundaries as depicted by the State of Hawai`i, Department of Land and Natural Resources, Flood Hazard Assessment Tool (http://gis.Hawai`infip.org/FHAT/). 11. Lava Hazard Zone: The subject property is in the lava-flow hazard zone three (3), which the U.S. Geological Survey (USGS) designates as areas less hazardous than zone 2 because of greater distance from recently active vents and/or because of topography. One to five percent of zone 3 has been covered since 1800, and 15 to 75 percent has been covered within the past 750 years. 12. Air Quality: Emissions from natural and vehicular sources, as well as the volcanic haze from the Kilauea Volcano, mostly affects the air quality in the subject area. According to the State Department of Health, the applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawai`i for fugitive dust control. 13. Noise Impacts: Existing noise levels are from traffic and incidental human activity, wind and foliage. As the project will generate construction traffic and equipment noise, the applicant will comply with the State Department of Health's noise regulations. Construction activities will be limited to certain periods of the day. 14. Flora/Fauna Resources: This amendment request did not include a formal flora and/or fauna study. Due to previous grading activity, the applicant does not anticipate finding any endangered or threatened candidate species of flora or fauna on the subject properties. Further, the applicant stated that these properties are not identified as a significant botanical or biological habitat. The subject properties are in an urban environment, which has been in residential use for over 50 years. -5- 15. Archaeological/Historical/Native-gathering Rights/Valued Cultural Resources: The applicant did not commission any archaeological inventory survey and/or cultural assessments, as the fully improved site is in an existing urban environment. The properties have been in residential use for over 50 years. Therefore, the applicant indicated that the protection of traditional and customary native Hawaiian rights in the area does not apply. There are no known archaeological features on the subject site. On June 8, 2018, the State Historic Preservation Division (DLNR-SHPD) provided a"no historic properties affected" determination based on several factors, and that the permit issuance may proceed. 16. Public Access: The applicant indicated there is no public access to the mountains nor to the shoreline that runs through the subject properties. 17. Traffic: The Zoning Code concurrency section requires a Traffic Impact Analysis Report (TIAR) whenever a proposed development will generate over 50 peak hour trips. The applicant indicated that the Institute of Traffic Engineering manual states that the AM/PM trip generation for office use is 1.49 trips per 1,000 square feet. Thus, for a maximum of 3,000-square foot office building, the projected movements would be 4.47 or less than five (5) movements, which does not trigger the TIAR threshold. Ofthe projected maximum of five (5) AM/PM movements, at least two (2) or three (3) movements would be right-turn movements, which would not significantly impede traffic along Kilauea Avenue. The applicant indicated that Kilauea Avenue is wide enough to allow for through vehicles to navigate to the right of the few left-turning vehicles. In order to address the potential traffic impacts of a more intensive land use, the applicant is willing to accept a condition that requires a TIAR, as this would be similar to other commercially zoned projects. Existing Condition No. 7 of Ordinance No. 06 47 requires that the applicant shall also install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. This condition will remain. 18. Streams and Other Waterways: There are no known streams that traverse the subject properties. The nearest stream is the intermittent Wailoa River, which is about 250 feet east of the subject properties and flows in a northerly direction towards the Waiakea Fish -6- Pond. Any project and its potential impacts to State waters must meet State and Federal rules and regulations. PUBLIC UTILITIES AND SERVICES 19. Access: The three (3) subject properties are on the east side of Kilauea Avenue. The existing paved driveway is about 18 feet wide. Kilauea Avenue is a 60-foot right-of-way fully improved pavement with curbs, gutters and sidewalk. The City of Hilo Zone Map proposes to widen Kilauea Avenue into an 80-foot right-of-way. Therefore, the existing Condition No. 5 of Ordinance No. 06 47, requiring a 10-foot road widening strip along the frontage will remain. On-street parking is not pennissible along this section of Kilauea Avenue. Condition No. 6 restricts access to Kilauea Avenue to a single location, and no left turn shall be permitted from the commercial property on to Kilauea Avenue. This condition will remain. 20. Water: On June 18, 2018, the Department of Water Supply (DWS) specifies that water can be made available from an existing 10-inch waterline within Kilauea Avenue which fronts the subject parcel in accordance with the Department's existing water availability conditions, which are subject to change without notice. The parcels are currently served by two (2) existing 5/8-inch meters. Please be informed that one (1) unit of water, or one (1) 5/8-inch meter is limited to an average daily usage of 400 gallons per day, which is suitable for only one (1) single-family dwelling. The Department has no objection to the proposed application subject to the applicant understanding and accepting the following conditions: DWS requests that the applicant submit estimated maximum daily water usage calculations for the proposed use that meets their approval to determine the water commitment deposit amount, prevailing facilities charges and the appropriate service lateral and meter size; DWS requires the installation, inspection and approval of a reduced pressure backflow assembly; and, DWS has stated that the relocation and adjustment of their affected water system facilities may be necessary. Further, the DWS informed that the existing 10-inch waterline within Kilauea Avenue fronting the project site is adequate to provide the required 2,000 gallons per minute flow for fire protection, as per the DWS standards. The Department recommends that the applicant contact the Fire Department for any fire protection requirements. -7- 21. Fire Department: On June 7, 2018, the Hawai`i Fire Department commented that they have no issues with the time extension request, with the understanding that the proposed uses and/or structures shall comply with the Hawai`i State Fire Code and its reference to National Fire Protection Association (NFPA), Chapter 18 of the NFPA 1, Uniform Fire Code, 2006 Edition and the Hawai`i County Code Chapter 26 Fire, as amended. • 22. Wastewater: On June 12, 2018, the Department of Environmental Management (DEM) Wastewater Division commented that the Hawai`i County Ordinance No. 06-47, Item 12, requires that sewer lines shall be installed within the development to connect to the County sewer system. Existing Condition No. 12 requires that sewer lines be installed within the development to connect with the County's sewer system, meeting with the approval of the DEM, and prior to the issuance of a Certificate of Occupancy. This condition will remain. 23. Health: On June 20, 2018, the State Department of Health commented that if a non-residential facility is using an existing cesspool which serves 20 or more persons per day, the cesspool is considered a large capacity cesspool (LCC). The U.S. Environmental Protection Agency (EPA) requires closure or upgrade of the large capacity cesspool by April 5, 2005 or the owner could face enforcement action by the EPA, including a fine of $32,000 per day per cesspool. 24. Solid Waste: In the original application, the applicant stated that commercial haulers will dispose of any refuse from this project at the County landfill in Hilo. According to a 2018 South Hilo Landfill Final Closure Final Environmental Assessment, the County of Hawai`i DEM will continue to implement its current waste diversion program, as well as explore other options to effectively divert waste from the island waste stream, which will help to reduce the impacts and costs associated with trucking waste from East Hawaii to the West Hawai`i Sanitary Landfill. The method of solid waste disposal shall meet with the DEM's approval. . 25. Essential Utilities and Services: Police services are available at the main station on Kapiolani Street. Fire protection services are available at the Hilo Central Fire Station, located at the corner of Kino`ole Street and Ponahawai Street. Electric and telephone services are available to the site. -8- 26. Concurrency Requirements: The County Council adopted concurrency requirements for water, roads and civil defense sirens. The DWS indicated that county water is available with conditions. A proposed development that will generate over 50 peak hour trips requires a traffic study. Based on this request, a Traffic Impact Analysis Report is not required. The nearest three (3) Civil Defense Agency(CDA) sirens are each over 4,000 feet away from the subject properties. The proposed project does not trigger the requirement of an additional CDA siren at this time. Although the CDA did not comment on this specific amendment request, they did provide their comments for the original request. On September 29, 2005, the CDA commented that the proposed project lies within the Tsunami Evacuation Zone, which the applicant should develop an Emergency Plan to address and respond to this hazard. 27. Fair Share Requirements: Existing Condition No. 15 requires fair share contributions for developing residential units in excess of the units allowed by the RS-10 zoning. This condition will remain. AGENCY COMMENTS 28. Department of Public Works: PD Exhibit 2 - June 26, 2018 and September 14, 2005 memos. 29. Department of Water Supply: PD Exhibit 3 - June 18, 2018 memo. 30. Fire Department: PD Exhibit 4 - June 7, 2018 memo. 31. Police Department: PD Exhibit 5 -June 6, 2018 memo. 32. State Historic Preservation Division: PD Exhibit 6 - June 8, 2018 letter. 33. State Health Department: PD Exhibit 7 - June 20, 2018 memo. 34. Department of Environmental Management: PD Exhibit 8 - June 12, 2018 memo. 35. State Department of Land and Natural Resources: PD Exhibit 9 - June 28, 2018 and July 6, 2018 memos. 36. Civil Defense Agency: PD Exhibit 10 - September 29, 2005 memo. AGENCY COMMENTS -NO RESPONSE RECEIVED 37. DPW Traffic Division, DPW Building Division, Parks and Recreation, Office of Housing and Community Development, Real Property Tax, Department of Education, National Resources and Conservation Services, and U.S. Fish and Wildlife. -9- APPLICANT'S RESPONSE TO AGENCY COMMENTS 38. Sidney Fuke: PD Exhibit 11 - June 22, 2018 letter. 39. Sidney Fuke: PD Exhibit 12 - July 9, 2018 letter. PUBLIC COMMENTS 40. By the time of this writing, the Planning Department received no comments from the public. • -10- r rte` SidneyFuke, Planning Consultant • 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 •Planning•Variance•Zoning maa .7403wr Telephone: (808)969-1522• Fax: (808)969-7996 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports May 18, 2018 Mr. Michael Yee, Director Planning Department COUNTY OF HAWAIF I 101 Pauahi Street co Hilo, HI 96720 r2. • Dear Mr. Yee: F-1 Tj Subject: Time Extension Request—Janice Oshiro ca REZ 05-016, Ord• No• 06 47 Waiakea, South Hilo, ill, TMK: 2-2-028:0309 032, 033 The rezoning of the subject properties, consisting of an aggregate 28,002 square feet, into the Commercial-General (CG-10) district (Ord. No. 06 47) became effective on April 12, 2006. The request then was to allow the conversion of two (2) single family dwellings into office space, with the potential of demolishing them and constructing a new commercial building on the subject site. Condition 2 of the referenced ordinance required the commercial development or use of the subject site within one (1) year of the effective date of the ordinance or April 12, 2007. Unfortunately, due to circumstances as will be explained below,neither the conversion of those dwelling units into commercial office space nor the construction of a new commercial building occurred within the allotted period. As such and through this office, the Applicant(Exhibit A, letter of authorization) is requesting a time extension amendment of the subject ordinance to allow for the project or development to proceed. The reasons for this request and other associated information are outlined below. I. NATURE OF REQUEST The Applicant wishes to proceed with the development of this site in accordance with the current zoning. However, because the development deadline has expired,the status of the CG-10 zoning is in"limbo" and any development cannot proceed. As such, the Applicant is requesting a five (5) year time extension to complete the project, with the possibility of an extension, similar to conditions required of other projects of this nature. II• PROJECT LOCATION The subject area consists of three (3) parcels,totaling 28,002 square feet. One of Planning Dept. Exhibit - .. Mr. Michael Yee, Director May 18, 2018 Paget these lots is a road lot. The site is located in the Waiakea area of the City of Hilo. More specifically, it is situated on the east side of Kilauea Avenue, approximately one hundred twenty(120) feet north of the intersection of Kilauea Avenue and Lanikaula Street. The site is sandwiched between a 2-story office building to the north and a single-story office/medical-related building to the south. (Exhibit B) III. PROPOSED DEVELOPMENT The Applicant's original plan was to convert the two (2) dwellings on the property into office use, as depicted on the site plan(Exhibit C). Additional parking would have been provided. Alternatively, it could demolish and construct a new office building on the site. That is still the Applicant's objective. IV. REZONING CONDITIONS As noted earlier, the subject area was initially rezoned(Ordinance No. 06 47) into the CG-10 district on April 12, 2006, subject to a number of conditions. As outlined in the rezoning ordinance (Exhibit D),there were other conditions related to infrastructure improvements, design restrictions, and operational requirements. These were all designed to address the potential of a new commercial building, yet applicable to the conversion of one or both of the dwellings into office use. At any rate, none of these conditions were fulfilled, inasmuch as the project was never implemented. Aside from Condition 2 relatingto the construction time performance and Condition 19 relating to the ability for an administrative extension,the Applicant is not requesting any further amendments. However, it should be noted that some of these conditions, such as Condition 15 relating to fair share, may need to be updated. Further, to address possible traffic impacts from a more intensive commercial use,the Applicant would have no objections to a condition similar to other commercial rezoning. IV. JUSTIFICATION OF REQUEST Condition 19 of the rezoning ordinance (Ordinance No. 06 47) outlined three (3) circumstances under which a whereby the Planning Director could consider a time extension request. These circumstances presumably also apply to an extension to be considered by the County Council, with the recommendations of the Planning Director and Planning Commission. As such, these circumstances and their justification follow. A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. Mr. Michael Yee, Director May 19, 2018 Page 3 Subsequent to the rezoning of the property, several factors affected the Applicant's ability and focus to develop the property. The project was to have been developed jointly by the Applicant and her parents. However, shortly after the rezoning was approved, unfortunately and tragically,there was a death in the family. As such, the energy and focus to developing the site faded. The easiest option—in spite of having.to pay higher real property taxes—was to continue renting the homes for residential use. The residential use continues. Further, when things began to settle down personally for the Applicant, there was the global economic meltdown and the financial crisis that began in 2008. That made securing the required financing to initiate and convert the dwellings or build a new structure difficult. The Applicant thus elected to continue renting the dwellings and generate some revenue stream. Understandably,neither the untimely passing of a family member nor the recession and financial crisis were clearly something that the Applicant anticipated. Relative to the financing end,however, although there are signs that the economy is on an upswing,time is still needed for the Applicant to finalize its plans, secure the financing, and address the multitude of rezoning conditions. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was rezoned, there has not been any significant land use regulatory change in this area. The Hilo Community Development Plan has not been updated, and thus, the only relevant planning policy document still rests with the County General Plan. The proposed request is still not contrary to the General Plan's Land Use Pattern Allocation Guide (LUPAG) Map that defines the subject property and.its immediately surrounding area for High Density Urban uses. The most recent revisions to the General Plan (February 2005) did not make any changes affecting the subject site. The current designation on the LUPAG map is the same as when the subject property was initially zoned CG-10. There are a number of commercially-zoned and related uses adjacent to and also proximate to the subject site along both sides of Kilauea Avenue, north its intersection with L anikaula Street. Thus, retention of the CG-10 zoning Mr. Michael Yee, Director May 18, 2018 Page 4 would serve the area as well as complement the various urban-type of uses already established in this area. Concurrently, it would be consistent with the following pertinent provisions of the General Plan Policies: 1. Economic Element Goals e _ Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies e The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. e The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. e The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Discussion The request would provide opportunities for a small office building to establish itself in an area that is already serviced by a good transportation - Mr. Michael Yee, Director May 18, 2018 Page system. Relatedly, required infrastructure is there or, if not and/or Y Y� q needed, will be provided by the Applicant without taxing government's servicing ability. Further,the area is located proximate to commercial and business areas, making the site accessible to these uses. At the same time, because of the type of use (office) and its small-scaled nature,the requested project should be consistent with the land use pattern in this area, while making it convenient for the region and surrounding neighborhoods. 20 Land Use Element (Col,mercial) Goals ® Provide for commercial developments that maximize convenience to its users. ® Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies ® Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. ® Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and,regional needs. ® The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments. Mr. Michael Yee, Director May 18, 2018 Page 6 Standards ® Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. e Off-street parking and loading facilities shall be provided. ® Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. a Preference shall be given to commercial lands with a reasonably level topography. Discussion As the City of Hilo and its surrounding area continue to grow,there will be a need for more office space. However, not all office uses need to be in large structures. Smaller structures in areas of transition—such as here— would be appropriate. From a visual and infrastructure perspective, the proposed project would not overwhelm the surrounding area. The subject site also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure, and where there are not, will be extended and/or provided by the Applicant. The County water line is already available to the subject site. Police and fire protective services are available within a 5-minute response time. As such, this project should not require addition public services to be provided. The site does not have any on-site development constraints. The land is relatively level and is designated "X" on the FIRM map. Further, because office use is not noxious, potential pollution concerns would be minimal, if at all. Being used as residences in the past and to the present, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. There is also little evidence that the site would have any archaeological feature. Mr. Michael Yee, Director May 18, 2018 Page 7 Because of the proposed scale and type of use, the request would be - ironically - generally compatible with some residential uses to its rear, yet being compatible with the commercial uses bordering its property to the north and south. It would also be consistent with the growing mix of commercial uses. To further mitigate potential visual and noise impact, additional landscaping can be provided adjacent to any'adjacent residential properties south of the subject site. Finally,the standards for an office building will be fulfilled. These include the acreage, setbacks,uses,parking, etc. C. Granting ofthe time extension would not be contraryto the original reasons g for the granting of the change of zone. The reasons for approving the rezoning of this site were articulated in the Planning Director's recommendation to the Planning Commission. (Exhibit E). The reasons, in summary, and their relationship to the present, included: ® Consistency with the County General Plan LUPAG map and Goals and Policies. • Furtherance of the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase occupational choices. This is still a goal of the County. ® Site's positive physical and locational attributes which meet the commercial/industrial needs in the context of the industrial designation of the County General Plan. This is still applicable today, as there have not been any amendments to the General Plan. • Availability or provision by the Applicant of all essential utilities and services. The discussion relates to the improvements to the roadway right-of-way, connection to the wastewater system, and the like. This is also a commitment on the part of the Applicant. a Site not having any resource issues, such as archaeological, drainage, botanical, or avifaunal. The site continues to be used residentially. The zoned area is designated "X" on the flood maps. Mr. Michael Yee, Director May 18, 2018 Page 8 It is thus maintained that the reasons used to support the existing zoning still apply to the requested time extension. It should be noted, however, that since the CG-10 zoning was approved in 2006,the only substantive change to the Zoning Code was the adoption of the concurrency provision, Section 25-2-46. Specifically, it requires that all rezoning, including time extension, address traffic,potable water, and civil defense siren concerns. Relative to traffic,the concurrency provision requires a Traffic Impact Analysis Report("TIAR") if more than fifty (50)trips are generated by a project during the peak hours. In this situation,the proposed office use for the two structures with a combined area of 2,500+/- square feet, generates less turning movements or traffic than a retail shop. According to the Institute of Traffic Engineering manual (the manual used by traffic engineers in preparing Traffic Impact Analysis Report),the AM/PM trip generation for office use is 1.49 trips per 1,000 square feet. Thus, for a maximum 3,000 square foot office building, the projected movements would be 4.47 or less than five (5) movements. Thus, the projected use does not reach the TZAR"threshold". Notwithstanding not reaching the TIAR"threshold", of these projected maximum five (5) AM/PM movements, at least 50% or two (2) or three (3) movements would be right turn movements. Right turn movements into the project site should not significantly impede traffic along Kilauea Avenue. Further, in this area, Kilauea Avenue is wide enough to allow for through vehicles to navigate to the right of the few left turning vehicles. Nevertheless, to address the potential traffic impacts of a more intensive land use, the Applicant would be willing to accept a condition that requires a TIAR if so required by the Planning Department. This condition would be similar to other commercially zoned projects. County water for the project is still available. Further, there is a civil defense siren less than two hundred (200) feet from the subject site. As such, approval of this request should not be incongruous with the concurrency provision of the Zoning Code. V. SUGGESTED LANGUAGE • Pursuant to the request, the Applicant suggest the following language for your consideration: 1. Replacing Condition 2 with the following language, which is similar to the language of commercial rezoning requests approved today: Mr. Michael Yee, Director May 18, 2018 Page 9 "Construction of the proposed commercial development or use of the property, as substantially represented or as permitted by the zoning district classification, shall be completed within five (5)years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed commercial development or use of the property from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawari County Code. Plans shall identify all proposed structure(s)paved driveway access and parking stalls associated with the proposed commercial development or use. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent RS zoned properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirement) standards. " 2. Amending Condition 19 by enabling an administrative time extension. It could read as follows: "An initial time extension for the performance of conditions from the effective date of this amendment may be granted by the Planning Director upon the following circumstances: .... . " 3. Finally, relative to the traffic issue, a new condition similar to other rezoning could be added. It could read as follows; "Should the applicant, successors or assigns develop a land use which the Planning Department, in consultation with the Department of Public Works, determines that the proposed use will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Kilauea Avenue that may be deemed necessary by the Department of Public Works. " Pursuant to this amendment request,please find enclosed the following: a. Twenty (20) copies of this letter, with appropriate enclosures, including the letter of authorization from the Applicant; and b. A list of the surrounding property owners within 300 feet of the subject property; real property tax clearance; and $250 filing fee. Mr. Michael Yee, Director May 18, 2018 Page 10 Should you have questions on this matter, please feel free to direct them to me. Thank you very much. Sincerely, hE M. FUKE Planning Consultant Enclosures Copy—Ms. Janet Oshiro w/ enclosures TO WHOM IT MAY CONCERN: Please be informed that as landowner of properties identified by TMK: 2-2-028: 030, 032, 033, I have no objections to and consent to the request to amend Ordinance 06 47 by extending the construction timetable and related amendments, as represented by our planning consultant, Sidney M. Fuke. _ 67„//f C,v(Signature) (Date) JANICE M. OSHIRO TRUST 11 IT A . . .. d.' '' ..,•� _ PLAT 61 6R. //a4a r,,,..r .rT�.. .. PLAT J6 --.-.- 1 __1 /1..r. .fr..7Tii EA _ - 1. 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Ni . -_—__ • • •N . 8 • . _ . . -1.-J -a9.c,- 11,-$-61 ei..,-1-25.4_,, oe.'el . f• N pa oe. E3-6.--..6-Z. -: >I PALL • V 10-1 / ,......./' . . . • -t: r), • • , • . . • .. • . . • _______________________ 4,..-011 ....-• :r 0 . . • ' Gal'.9.5-6. - o G . •• O• 5 .. G.Vo • . • • . . .+P . . i•1/" a-a i _ . • . . • . . • .. . • • , . . - . _ . -- -. •- ' . . . _ . . • . . . • , • . . . ., l J,y59fy.�9 COUNTY OF AJI P.-'...),. ‘40 STATE OF IT A. API 4Tf GF•TM1AdZ BILL NO. 219 ORDINANCE NO 06 (Draft 2) AN ORDINANCE AMN,ND- TG SECTION 25-8-33 (CITY OF B LO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF 1'h:.E HAWAi'i COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO GENERAL COMLMFRCIA.T, (CG-10) AT WALAKEA, SOUTH H LO, HAWAi`I, COVERED BY TAX MAP KEY 2-2-28:30, 32, 33. BE IT ORDAINED BY THE COUNCIL OF TTM COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be General Commercial (CG-10): Beginning at the northwest corner of this parcel of land and along the northeasterly side of Kilauea Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station"HA AI",being 3,225.31 feet South and 7,301.91 feet East,thence running by azimuths measured clockwise from true South: 1. 253° 06' 30" 256.93 feet along the remainder of Grant 4777 to T. Clive Davies; 2. 340° 34' 79.12 feet along Lots 3 and 1; 3. 3 5 8° 00' 30.84 feet along the remainder of Grant 4777 to T. Clive Davies; 4. 74° 25' 76.92 feet along the remainder of Grant 4777 to T. Clive Davies; 5. 70° 45' 30" 16935 feet along the remainder of Grant 4777 to T. Clive Davies; -1- EXHIBIT D -- , 6. 160° 06' 114.20 feet along Kilauea Avenue to the point of beginning and containing an area of 28,002 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. 1. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. 2. The proposed development shall be established within one (1)year from the effective date of this ordinance. This time period shall include securing Final Plan Approval for the conversion of the single family dwellings into offices from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the development: Landscaping shall also 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 Planning Department's Rule No. 17 (Landscaping Requirements). -2- . 1 3. All structures on the properties shall comply with the height limit requirements and setback requirements for the RS-10 district at the time of issuance of the building permit. 4. Construction activities on the properties shall be limited to 7 a.m. to 5 p.m., Mondays through Saturdays. 5. A 10-foot wide future road-widening strip along Kilauea Avenue shall be delineated on the plans submitted for Plan Approval review. No structural improvements shall be allowed within this road-widening strip, provided however, that any required landscaping may be permitted within this strip. Further, applicable setbacks shall be taken from the 10-foot future road widening strip line. 6. Access to Kilauea Avenue shall be limited to a single location, and no left turn shall be permitted from the commercial property on to Kilauea Avenue. All driveway connections to Kilauea Avenue shall confosni to Chapter 22, County Streets, of the Hawaii County Code. 7. The applicant shall also install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. All of the roadway improvements to Kilauea Avenue shall be completed prior to receipt of a Certificate of Occupancy. 8. The applicant shall provide reconstruction improvements to the curb and sidewalk fronting the subject properties along Kilauea Avenue in a manner meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. 9. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 10. , A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructedmeeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. 11. Construction within the designated flood zone shall conform to Chapter 27, Flood Control, of the Hawaii County Code.. No additional structure shall be built in the AE zone or shaded Zone X Flood Zones. Such construction in the areas currently mapped in the AE or shaded X Flood Zones shall be allowed if the owner secures a letter of map revision. 12. Sewer lines shall be installed within the development to connect with the County's sewer system, meeting with the approval of the Department of Environmental Management, and prior to the issuance of a Certificate of Occupancy. 13. 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. 14. 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 Resource— State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from -4- DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 15. If the applicant, successors, or assigns develop residential units on the subject properties in excess of the units allowed by the current RS-10 zoning,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 combined value of$6,411.25 per multiple 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 shall be allocated as follows: 1. $3,162.49 per multiple family residential unit to the County to support park and recreational improvements and facilities; 2. $99.95 per multiple family residential unit to the County to support police facilities; 3. $307.46 per multiple family residential unit to the County to support fire facilities; -5- 4. $137.04 per multiple family residential unit to the County to support solid waste facilities; and 5. $2,704.31 per multiple family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution,the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. 16. To insure 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. 17. Should the Council adopt a Unified Lmpact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. 18. The applicant shall comply with all applicable County, State and Federal laws, rules,regulations and requirements. -6- r-- 7- 19. -19. 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-perforthance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. 2. -Granting of the time extension would not be contrary to the General Plan or Zoning Code. time extension would not be contrary Granting of the x to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. 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. 20. 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. -7- Q�YC. •t SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUN"I VRCOkr SF HAWAI'I Hilo , iIawai i Date of Introduction: March 2 2, 20 0 6 Date of 1st Reading: March 22 , 200 6 Date of 2nd Reading: April 5 , 20 0 6 Effective Date: April 12, 200 6 REFERENCE Comm 679 2 -8- kio N \RD.3.75\ RS-10 4,_....„___ ,:„. .:4_,, Lon RD-3.75 S 104 0 73 CG 20 �C -10 w • 1 CG 7.5 SINGLE-FAMILY RESIDENTIAL(RS-10) / 1 TO GENERAL COMMERCIAL(CG-10) \ 28,002 SQ.FT. sl CG-20 6 ' D ct' RS 10 /Mill �\ 3,225.31 S CG-10 /, 91E ;\ "HALM"® \ CG-20 w- RSA ter.,. �t. �` CG-10 "' _s' RS-10 i olio r4_477--,-r-:--ft_.4,, CG-20 RS-10 CG-10 W Lanikau1,a St RS-10 RS 10 RM-4 OPEN '' ��anika RS 10 RS-10 Uea st l 0 OPEN �'' RS-10 /....,...OPEN OPEN / RS-10 RS-10 RS-10 440 660 880 100 220 110 0 _..w�0 DMLNT T , l NING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE. HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK:2-2-028:030,032, 033 Date* September 15,2005 EXHIBIT "A" .(Janice Oshirol 175) • - OFFICE OF THE COUNTY CLERK County of Hawai`i Hilo, Hawai`i (Draft 2) Introduced By: Bob Jacobson ROLI,C1ZDVO=)E ; Date Introduced: March 22, 2006 AYES NOES I ABS° I °iX First Reading: March 22, 2006 Arakaki K Published: April 2, 2006 Higa x Hoffmann X REMARKS: Holschuh X Ikeda X Isbell I X Jacobson 1 X 1 Pilago K Safarik X 7 1 I 1 0 Second Reading: April 5, 2006 To Mayor: April 6, 2006 ' ROLL CALL VOTE, Returned: April 12, 2006 AYES NOES I ABS I EX Effective: April 12, 200 6 Arakaki X Published: April 21, 2006 Higa K i Hoffmann I X REMARKS: Holschuh I X Ikeda I X Isbell X Jacobson_ I X Pilago X Safarik X \ f 7 I 1 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. x— ' APPROVED AS TO FORM AND�EG-ALlTY: V ,---'>:---,..<' z>,,,.:- COUNCIL CHAIRMAN D PUtY CORPORATION COUNSELCl—A- COUNTY OF HAWAII COUNTY CLERK Date 1:'-:--:,,X-,---/- i cam.. ;, 219 (Draft 2) Bill No- .: C-679 .2/PC-55 ,�, Reference: Approv�Disapproved this day 49 Ord No.: 06 of t ! •P it ,, 20 -(1 . MA erE117' F HAWAI`I ROshiro-REZ05-016.jwd 09-16-05 COUNTY OF HAWAPI PLANNING DEPARTMENT REC1IMIVaNDATION JANICE OSHIRO CHANGE OF ZONE APPLICATION (RE'Z 05-016) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request 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 recommendation based upon additional information presented at the public hearing. This i favorable recommendation is based on the following findings: The applicant is requesting a change of zone for three parcels of land consisting of 28,002 square feet from Single-Family Residential (RS-10) to General Commercial (CG-10) in order to convert two (2) existing single-family dwellings into office space. In order to consider an area for any type of zoning designation,the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single Family Residential (RS-10) to General Commercial (CG-10) zoned district will conform to the following goals, policies and standards of the Land Use and Economic Elements of the General Plan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and. privately owned resources. It is also 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 EXHIBIT E County's service and circulation systems. The overall Land Use 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 conforms to the goals, policies and standards of the Land Use and 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. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need_ 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. ® Commercial facilities shall be developed in areas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in • concert with a localized program of public and private capital improvements to meet the expected increased needs. • • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate -2- infrastructure and design concerns shall be incorporated into the review of such developments. Additionally, in the General Plan, a Course of Action for commercial_ development within the South Hilo District recommends that "Appropriately located commercial zoned lands shall be allocated as the need arises." This request would be consistent with the urban fossa depicted for Hilo in that it would add commercial uses serving the surrounding area as well as the Hilo community. Ln addition,this area of Waiakea is in transition from residential_to commercial uses. The proposed change of zone request would further the County's goals of providing an economic environment that allows new or existing businesses to expand and diversify the County's economic base, and thereby also increasing the choice of occupations. The proposed zone request would be consistent with the following goals and policies of the Economic Element. ECONOMIC • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. • Strive for diversity and stability in its economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. ® Strive for an economic climate that provides its residents an opportunity for P_ ty choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical -3- ( relationship among the various land uses. The requested change of zone to a CG-10 district conforms to the LUPAG Map,which designates the property and its surrounding area as High Density Urban. Such designation may allow general commercial, multiple family residential and related services (mulltiple famil_y residential—up to-87 units per acre). The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP), adopted through Resolution No.1 by the Planning Commission in 1975, is intended to provide short and middle range implementation strategies for the goals,policies and land use pattern presented in the General Plan. The Hilo CDP Land Use Concept Map identifies the area for a RM-4 designation. However, the Hilo CDP has not been updated to be consistent with the General Plan and complement the ongoing transition from residential_to commercial uses. Surrounding lands are in a mix of commercial and single-family residential uses. Adjacent and to the east of the property are single family residences. Adjacent and to the north is a property zoned CG-l0 that presently has a new office building under construction. Further north along Kilauea Avenue is the Church of Jesus Christ of Latter- Day Saints. To the south is a property zoned RS-10,which is the site of the Lanikaula Professional Center approved by Use Permit No. 124. The property directly west across Kilauea Avenue, which is zoned CG-10 and CG-20, is the site of Tykes Laundromat and Personal Touch Dry Cleaning. The subject property is also about a block south from the Hilo Shopping Center complex,where there are existing commercial_ activities. The Hilo Shopping Center complex was developed in the early 1960s. From 1967 to present, numerous parcels in this section of Waiakea House Lots have been rezoned from Single Family Residential (RS-10) to Commercial Office (CO), General_ Commercial (CG) or Neighborhood Commercial (CN). The rezonings extend from Mohouli Street to Lanikaula Street and Kilauea Avenue to Kinoole Street. The various uses on those parcels include real estate and attorney offices, financial institutions, doctor and medical offices, laundry cleaning facility,restaurants, and other office type of uses. With the adoption of the revised Zoning Code on December 7, 1996 and ratified on April 6, 1999, all Commercial Office (CO) zoned districts were -4- redesignated as General Commercial (CG) districts. Therefore, the requested CG zoning would be consistent with the existing land use pattern established within this portion of Hilo. Tn addition, the establishment of office uses would complement the existing surrounding uses. To mitigate any possible visual or noise impacts that the proposed use would have on adjacent residential properties, a condition of approval will be included that the applicant be required to comply with the Planning Department's Rule No. 17 regarding landscaping. Therefore, a favorable recommendation of this change of zone request to CG-10 would be appropriate. e properties are located within an area adequately served with essential services and facilities such as water, sewer, transportation systems and other utilities. Access to the site is from Kilauea Avenue, which is a County maintained roadway with a 44-foot pavement within a 60-foot right-of-way width. According to the City of Hilo Zone Map, Kilauea Avenue is proposed to be widened to an 80-foot right-of- way. Therefore, a condition of approval will be included that a 10-foot road-widening setback be delineated on the site plan for Final Plan Approval. No on-street parking is allowed along this section of Kilauea Avenue. County water is available from an existing waterline along Kilauea Avenue. The applicant has indicated that it will connect to the existing County sewer lateral within Kilauea Avenue. Conditions of approval are included to reaffuni the sewer system requirements. Police services are available from the main station on Kapiolani Street. Fire services are available from the Hilo Central Station at the corner of Kinoole Street and Ponahawai Street. All other essential utilities and services are available to the property. The project has no severe geological or topographical problem which cannot be properly rectified or which would render the land unusable. Parcels 30 and 33 are classified as Zone X, areas determined to be outside the 500-year flood plain. The eastern portion of parcel 32 is located within Flood Zone AE as designated on the Flood Insurance Rate Map by the Federal Emergency Management Agency(FEMA). Flood Zone E is the Special Flood Hazard Area inundated by the 100-year flood where base flood elevations have been determined. A condition of approval will be added requiring -5- the applicant to conform to Chapter 27, Flood Control, of the Hawaii County Code, for any construction activity within the flood zone. The subject request is not contrary to Chapter 205A,Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately three (3) miles from the nearest coastline and outside of the tsunami inundation area. Therefore, the proposed development will not be impacted by coastal hazard and beach erosion. There is no identified recreational resources, historic resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Finally, because the property and surrounding areas have been extensively altered and developed with urban uses, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject properties, nor has the area been identified as a significant botanical or biological habitat. The properties as well as the surrounding area has been developed with the residential and commercial uses and therefore, the protection of traditional and customary Native Hawaiian rights in the area does not apply. Based on the above findings, approval of the Change of Zone request from Single Family Residential (RS-10) to the General Commercial (CG-10) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII • HILO, HAWAII DATE: June 26, 2018 rJ ti. iffetamzeutetaat • TO: , Michael Yee, Planning Director a_LT) ala c� FROM: Department of Public Works, Engineering Division -i SUBJECT: AMENDMENT TO CHANGE OF ZONE ORD. No. 07-47 (REZ 05-000016) Applicant: Janice Oshiro Request: Amendment to Condition 2 (Time Extension Development) and Condition 19 (Administrative Time Extension) TMK: 2-2-028:030, 032 and 033 We have reviewed the subject request forwarded by your memo dated May 31, 2018 and provide the following: We have no objection to the development and administrative time extensions. However, we wish to remind the applicant that the conversion of the dwellings into office space must comply with Chapter 27, Floodplain Management and the floodzone boundaries as depicted by the State of Hawaii, Department of Land and Natural Resources, Flood Hazard Assessment Tool (http://gis.hawaiinfip.orq/FHAT/). Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. 119198 Exhibit 2 x i D ARTMENT OF PUBLIC WORK 1 COUNTY OF HAWAII H I LO, HAWAII g • DATE: September 14, 2005 A NeMedilartillaift .. - • ''' in ?fp I I TO: Christopher J. Yuen, Planning Director FROM: )( Department of Public Works t I, SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-016) Applicant: Janice Oshiro Request: RS-10 to CG-10 t Tax Map Key: 2-2-28:030, 032, & 033 1 i C i t We have reviewed the subject application forwarded by your memo dated August 22, 2005 and offer the following comments for your consideration. I 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 Dept. of Public Works. 1 The eastern portion of parcel 32 is located within Flood Zone AE as designated on the Flood Insurance Rate Map by the Federal Emergency Management Agency(FEMA). Flood Zone AE is the Special Flood Hazard Area inundated by the 100-year flood where base flood elevations have been determined. . Construction within the designated flood zone shall conform to Chapter 27, Flood Control, of the Hawaii County Code (HCC). i t Any earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the HCC. I a Kilauea Avenue is classified as a secondary arterial of 60'width. Access will be limited to a a single location and shall conform to Chapter 22, County Streets, of the HCC. f 1 k Based on the intended zoning,the curb and sidewalk fronting the subject properties along i Kilauea Avenue shall be reconstructed in a manner meeting with the Department of Public t i Works. I 1 Streetlights and traffic control devices shall,be installed as required by the Traffic Division, 7 Department of Public Works. The applicant shall be responsible for the design, purchase, i and installation of such devices. i I 005132 l Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG I County of Hawaii is an Equal Opportunity Provider and Employer an�I,HMII//m.ivyyy . FNATE 0 RSG f1; 49. 41- DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 1; oy ,��`` 345 KEKOANAC'A STREET, SUITE 20 • HILO, HAWAII 96720 oFHWA`"tl j' TELEPHONE (808) 961-8050 • FAX (808) 961-8657 • June 18,2018 - j. 1.1 tom.► TO: Mr.Michael Yee,Director C Planning Department FROM: Keith K.Okamoto,Manager—Chief Engineer ?;• ry SUBJECT: Amendment to Change of Zone Ordinance No.07 47(REZ 05-000016) y Applicant: Janice Oshiro Request: Amendment to Condition 2 (Time to Establish Development)and Condition 19 (Administrative Time Extension Tax Map Key 2-2-028:030,032 and 033 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 10-inch waterline within Kilauea Avenue which fronts the subject parcel in accordance with the-Department's existing water availability conditions,which are subject to change without notice. The parcels are currently served by two(2)existing 5/8-inch meters(Account No. 100-78700 and Account No. 100-78800). Please be informed that one(1)unit of water,or one(1)5/8-inch meter is limited to an average daily usage of 400 gallons. Each unit of water is equal to an average of 400 gallons per day,which is suitable for only one single-family dwelling. The Department has no objection to the proposed application subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations for the proposed use,prepared by a professional engineer licensed in the State of Hawai`i,for review and approval. The water usage calculations should include the total estimated daily water usage in gallons per day and the estimated peak flow in gallons per minute(GPM), including irrigation use. Upon receipt of the water usage calculations above,the Department will make a determination as to the water commitment deposit amount and prevailing facilities charge,which is subject to change,to be paid. Based on the water demand calculations,the Department will determine the appropriate service lateral and meter size required. - • • 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, within five(5)feet of the meter on private property. If a larger or additional meter is required,a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s)must be inspected and approved by the Department before water service can be activated. . . . Water, Our nlost cPrecious Resource. . . a Wail 7(ane. . . 119© 2 9 The Department of Water Supply is an Equal Opportunity provider and employer. Planning Dept. - Exhibit Mr.Michael Yee,Director Page 2 June 18,2018 3. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Please be informed that the existing 10-inch waterline within Kilauea Avenue fronting the project site is adequate to provide the required 2,000 gallons per minute flow for fire protection,as per the Department's Water System Standards. The Department recommends that the applicant contact the Fire Department for any fire protection requirements. Should there be any questions,please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070,extension 255. Sincerely yours, "Keith K.Okamoto,P.E. Manager—Chief Engineer TS:dfg copy— Ms.Janice Oshiro Mr. Sidney Fuke,Planning Consultant Harry Kim �:' t o, ih Darren J. Rosario hfuyor \Le• ; Fire Chief i • :; Renwick J.Victorino ;;;41.'-`11.'W Deputy Fire Chief OFJ County of f..9 Apart HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Flawai'i 96720 (803)932-2900•Fax(808)932-2928 r"-- G C June7,2018 = TO: MICHAEL YEE,PLANNING DIRECTOR -• C C. _, FROM: DARREN J.ROSARIO,FIRE CHIEF — SUBJECT: Amendment to Change of Zone Application No. 07 47(REZ 05-000016) Applicant: Janice Oshiro c.,-/ Request: Amendment to Condition 2 (Time to Establish Development) and Condition 19(Administrative Time Extension) Tax Map Key:2-2-028:030,032 and 033 In regards to the above-mentioned Amendment to Change of Zone application,the following shall be in accordance: No issues with Time Extension request. NFPA 1,UNIFORM FIRE CODE,2006 EDITION Note: Hatit'ai`i State Fire Code, National Fire Protection Association 2006 version, with County of Hativai`i amendments. County amendments are identified with a preceding "C--"of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy,or where access for fire apparatus is unduly difficult,or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, andthe AHJ may require additional safeguards including,but not limited to,additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. ork.4*' 118842 Hanai'i County is an Equal Opportunity Provider and Employer. Pier ept., Michael Yee June 7, 2018 Page 2 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. C- 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception:Fire Department personnel conducting firefighting operations,hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2*Access to Structures or Areas. 18.2.2.1 Access Box(es).The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments.The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance.The owner or occupant of a structure or area,with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility,building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways,fire lanes,parking lots lanes, or a combination thereof. • 18.2.3.1.3*When not more than two one-and two-family dwellings or private garages, carports, sheds,agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Michael Yee June 7,2018 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography,waterways, nonnegotiable grades, or other similar conditions,the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads.More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet,with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C—18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C— 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Michael Yee June 7,2018 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. • C—18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C-S 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. • 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends.Dead-end fire department access roads in excess of 150 ft(46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C—18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s)shall not exceed 10 percent. 18.2.3.4.6.2*The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb - cuts extending at least 2 ft(0.61 m)beyond each edge of the fire lane. Michael Yee June 7,2018 Page 5 18.2.3.4.7 Traffic Calming Devices.The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3*Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys,or highways. 18.2.4.2.2 Where required,gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads,trails,and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Michael Yee June 7,2018 Page 6 18.2.4.2.5 Locks, gates, doors,barricades, chains, enclosures, signs,tags,or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1*A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings,or portions thereof,are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1_ When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 maybe modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there arc not more than two dwellings,or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2*Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks,fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3*The location,number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. ._—_. Michael Yee June 7,2018 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance,in accordance with the respective county water requirements.Records shall be made available for review by the AHJ upon request. C-- 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001-3000 square feet,shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings,3001- 6000 square feet,shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet,shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fife flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC)to alternative water supplies shall comply with 18.3.8 (1)- (6)of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC)shall be as follows: a) 4"for C900 PVC pipe; b) 4"for C906 PE pipe; c) 3"for ductile Iron; d) 3' for galvanized steel. Michael Yee June 7, 2018 Page 8 - 3) The Fire Department Connection(FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade,as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part,but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other,with each FDC being capable of flowing 500gpm by engineered design standards.The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. • 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings,storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings,storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings,and storage sheds greater than 2000square feet,but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. Michael Yee June 7, 2018 Page 9 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements,please contact the Fire Prevention Bureau at(808)932-2911. DARREN J.ROSARIO Fire Chief RP:ds Harry Kim H,''•'�•' Paul K.Ferreira �d''• Mayor Police Chief ,�„�,�'% rE°F- Kenneth Bugado Jr. Deputy Police Chief County of Hawai'i POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawaii 96720-3998 C (808)935-3311 • Fax(808)961-8865 r- �� L June 6, 2018 `.71 _` z r.a TO : MICHAEL YEE, LANNING D/RECD O' z FROM : MITCHELL K. N-HAILUA, JR., A• STANT POLICE CHIEF �! AREA I OPERATIONS BUREAU SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 07 47 (REZ 05- 000016); APPLICANT: JANICE OSHIRO; REQUEST: AMENDMENT TO CONDITION 2 (TIME TO ESTABLISH DEVELOPMENT) AND CONDITION 19 (ADMINISTRATIVE TIME EXTENSION) TAX MAP KEY: 2-2-028:030, 032, AND 033 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 gregory.estebanhawaiicounty.gov. GE:IIi/180554 118830 "Hawai'i County is an Equal Opportunity Provider and Employer” Planning lept. Exhibit • p F H• SUZANNE D.CASE 'C yam--^-.ti'I ry. CILURPERSON DAVID Y.IGE .'.t \9 5 9 �`•�9 BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII COPL�RSSION ON WATER RESOURCE MANAGI:RILNr (� ti "�-'^f^� � ROBERT K.MASUDA L St �f �r PTRST DEPUTY ot`andand N,` A__.its `-7;10idTpy r JEFFREY T.PETERSON ` r_ y DEPUTY DIRECTOR-WATER -.,,... .... / AGU,u7c RESOURCES m` � �%�' ".'i(h ~• -'/ BOATING AND OCEAN RECREATION ���"G' BURFAI I OF CONVF.YANCFS ` CURAILSSIUN ON WAFER RESOURCE RLWAGLR1LNr CONSERVATION AND COAST.Rr.TANDS STATE OF HAWAII CONSERVATION AND RESOURC ESENrORCER(CTT ENGLYEERING FORESTRY AND DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION State of F{3 tKAIIOOLAW E ISLAND RESERVE CORDILSSR)N STATE HISTORIC PRESERVATION DIVISIONLAM STATE•PARIS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 June 8,2018 Michael Yee,Planning Director IN REPLY REFER TO: County of Hawaii Log.No.2018.01313 Pauahi Street,Suite 3 Doc.No. 1806SN10 Hilo,HI 96720 Archaeology Dear Mr.Yee: SUBJECT: Chapter 6E-42 Historic Preservation Review— Rezoning Amendment-Time Extension,Ordinance No.0747 REZ 05-000016—Janice Oshiro Waiakea Ahupua`a,South IIilo District,Island of Ilawai`i TMK: (312-2-028:030,032,033 This letter provides the State Historic Preservation Division's review of the subject time extension request for the rezoning amendment. Our office received this submittal on June 1, 2018. The application indicates that the applicant,Janice Oshiro, is requesting an amendment of an existing rezoning ordinance for a time extension of five (5) years to complete proposed development of the subject parcels. The project area consists of three contiguous parcels totaling approximately 0.643-acres. A review of our records indicates that this project area has not been subjected to an archaeological inventory survey. There are no known historic properties within or near the general vicinity of the proposed project area.The submittal indicates that there are two single-family residences within the project area; neither are subject to historic preservation review. The project area has been fully impacted by urban development. There are no outstanding mitigation commitments for these parcels and aerial photographs confirm that this project area has been previously impacted. Based on available information, SHPD's determination is no historic properties affected for the proposed boundary amendment.Therefore,the permit issuance process may proceed. Please contact Sean Naleimaile at (808) 933-7651 or at Sean.P.Naleimaile@hawaii.gov for any questions or concerns regarding this letter. Aloha, Susan A.Lebo,PhD Archaeology Branch Chief cc. Shancy Watanabe(Shancy.Watanabeahawaiicountv.gov) Melissa Dacayanan(Melissa.Dacayanan a hawaiicounty.gov) Jeff Darrow(Jeff.Darrow@a,hawaiicounty.gov) Planning aept. exhibit Domian, Jesse ` • "r • ; From: Lebo,Susan A <susan.a.Iebo@hawaii.gov> _ _ - - • Sent: Saturday,June 09, 2018 10:33 AM - To: Planning Internet Mail -- - - - - Cc: Naleimaile, Sean P;Watanabe, Shancy; Dacayanan, Melissa; Darrow,Jeff - , Subject: Rezoning Amendment-Time Extension,Ordinance No.0747 REZ 05-000016 -- Attachments: 3-2-2-028_2018-01313_1806SN10_ARCHY 6E42_PRMT_NHPA.pdf . • Hello, • . Attached is a pdf copy of our division's review of the following submittal: - - Chapter 6E-42 Historic Preservation Review— 0 C Z Rezoning Amendment-Time Extension,Ordinance No.0747 REZ 05-000016—Janice Oshiro Waiakea Ahupua`a,South Hilo District, Island of Hawaii , TMK: (3)2-2-028:030,032,033 Sincerely, Susan c.J —"-Z ry Susan A.Lebo,PhD Archaeology Branch Chief State Historic Preservation Division Department of Land and Natural Resources Kalcuhihewa Building, Suite 555 Kapolei,HI 96707 (808)692-8019 Susan.A.Lebo@hawaii.gov 118864 1 DAVID Y.IGE oc h BRUCE S.ANDERSON PhD. GOVERNOR OF HAWAII195g� DIRECTOR OF HEALTH it, y', a a = • je STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HI LO,HAWAII 96721-0916 ria ca MEMORANDUM C>> C_ O. c- v DATE: June 20, 2018 C 3 TO: Mr. Michael Yee Planning Director,County of Hawaii fV z co FROM: Eric Honda District Envir mental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance (REZ-05-000016) Applicant: Janice Oshiro Request: Amendment to Condition 2 and Condition 19 TMK: 2-2-028:030, 032. 033 If a non-residential facility is using an existing cesspool which serves 20 or more persons per day, the cesspool is considered a large capacity cesspool(LCC). EPA requires closure or upgrade of the large capacity cesspool by April 5, 2005 or the owner could face enforcement action by EPA,including a fine of$32,000 per day per cesspool. 119102 -- - P t•_ °ning Dept. Exhibit • Harry Kim d:. r°-`",;•: • William A.Kucharski Mayor :.•,(��: »;,,//,•.: Director Wilfred M.Okabe :'''4• .. .. Diane A.Nodi. Managing Director "" Deputy Director Count of .inftnt 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 r`J• i http://www.hawaiicounty.Qov/environmental-management/ ,1;; 0% • C=-= y1),- fU • MEMORANDUM =° :'• TO: Michael Yee,Director - - - • �_'_, Planning Department / •-,.- `z • = N --t FROM: William A. Kucharski,Director Environmental Management De„ - • DATE: June 12, 2018 SUBJECT: Amendment to Change of Zone Ordinance No. 07-47 (REZ 05-000016) Applicant: Janice Oshiro Request: Amendment to Condition 2 (Time to Establish Development) and Condition 19 (Administrative Time Extension) Tax Map Keys: (3)2-2-028:030, 032,and 033 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 Hawai`i Organics Facility, or other suitablediversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: • County of Hawaii is an Equal Opportunity Provider and Employer 118 8 PianninIepto, Exhibit Mr.Michael Yee,Director June 12,2018 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations(contact the Wastewater Division for details): ( ) No comments. ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai`i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawai`i County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai`i County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to the Countysewer system. Applicant shall provide such sewer line approval to connect to y pP or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. (X) Other: Per Hawaii County Ordinance 06-47,Item 12,sewer lines shall be installed within the development to connect to the County sewer system. WK:mef _ P.-.•••'' •.,g CIIAII1PERSOI DAVID Y.IOE y.�•195y• � — "'BOARD OF LAUD AND NATURAL RESOURCES GOVERNOR OF HAWAII � __ . -- COMMISSION ON WATER RESOURCE \IAN IGENIENT .`o``and a�N,l69 CFA! i!r• . - . STATE OF HAWAII •slaeo(H'+a• DEPARTMENT OF LAND AND NATURAL RESOURCES .. . - • LAND DIVISION • POST OFFICE BOX 621 -• r�� HONOLULU,HAWAII 96809 r-- CDT-, r�= c-- -- June June 28, 2018 ." —J County of Hawaii T'= • Planning Department Attention: Ms. ShancyWatanabe via email: shancv.watanabe@hawaiicounty.gov �y 101 Pauahi Street, Suite 3 - - Hilo, Hawaii 96720 Dear Mr.Watanabe: SUBJECT: Amendment to Change of Zone Ordinance No. 07-47 (REZ 05-000016) Request for Amendment to Condition 2(Time to Establish Development) and Condition 19 (Administrative Time Extension) located at Waiakea, South Hilo, Island of Hawaii; TMK: (3) 2-2-028:030, 032, and 033 on behalf of Janice Oshiro Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (a) 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 • 1 U32i8 • Iannong iept. Exhibit -- - - • /�'SO SUZANNE D.CASE DAVID Y.IGE '�t9.s. y CHAIRPERSON GOVERNOR OF HAWAII _ IIOARD OF LAND ANS NATURAL RESOURCE-3 ). COMMISSION ON WATER RESOURCE �15n � • F..y 7**''`�,. ���I MANAGEMENT fand and Nd'` mit syFit ' •r Fac 7.K_ •. I STATE OF HAWAII /6I8 JUN 13 P 2: 51 31,1e of Ha`+r° DEPARTMENT OF LAND AND NATURAL RESOURCES LANDDIVISION RECEIVED POST OFFICE BOX621 LAND DIVISION HONOLULU,HAWAII 96809 H I L O,HAWAII June 12,2018 MEMORANDUM • TO: DLNR 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 Office of Conservation&Coastal Lands • X Land Division—Hawaii District X Historic Preservation - FROM: /1/ Russell Y.Tsuji, Land Administrator SUBJECT:/ Amendment to Change of Zone Ordinance No. 07-47(REZ 05-000016) • Request for Amendment to Condition 2 (Time to Establish Development) and Condition 19 (Administrative Time Extension) . LOCATION: Waiakea, South Hilo, Island of Hawaii;TMK: (3)2-2-028:030, 032, and 033 APPLICANT: . Janice Oshiro Transmitted for your review and comment is information on the above-referenced subject matter. We would appreciate your comments by June 27,2018. 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 are attached. • Signed: ;P/ Print Name: (Sdi2.—Dal) / Date: r1/06( Attachments cc: Central Files ,•;t6 O.F,y.q SUZANNE D.CASE DAVID Y.IDE cP ;1959 y; (�_ /�!n{ CHAIRPERSON GOVERNCF70F HAWAII ,„4,•!>"' `. 3, _ ii �0 JIiL ` ivARA`�Y LAND AND\ATL'RA►.SOURC ICES 1,11 i j r� U COMMISSION ON WATER RESOURCE f�� MANAGEMENT : .b ENT sand and A, et il'} 4 t..y j`';r° .a ('-. `�t0� dl4d Y:', -P''_T-..I I's-rt. Ai`I'11. ' } I. -.J�,I. STATE OF HAWAII Stan of HaWao DEPARTMVMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 July 6, 2018 County of Hawaii Planning Department Attention: Ms. Shancy Watanabe via email: shancv.watanabe@hawaiicountv.gov 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr.Watanabe: SUBJECT: Amendment to Change of Zone Ordinance No. 07-47(REZ 05-000016) Request for Amendment to Condition 2 (Time to Establish Development) and Condition 19 (Administrative Time Extension) located at Waiakea, South Hilo, Island of Hawaii;TM_K: (3)2-2-028:030, 032, and 033 on behalf of Janice Oshiro Thank you for the opportunity to review and comment on the subject matter. In addition to the comments previously sent you on June 28, 2018, 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, 7 Russell Y. Tsui Land Administrator (---‘,--- Enclosure cc: Central Fifes 119373 i C • ', .~q SUZANNE D.CA`'d . DAVID Y.IGE R� x19 59 a-q' CHAIRPERSON. GOVERNOR OF HAWAII !' BOARD OF LAND AND N:ITUIL4L RESOURCES COM IISS!ON ON WATER RESOURCE 1 i sf f x'' ) •f \I.AN.I GEMENT land and �/y4 � c°'.,' I=.¢ et Pic i^_fll"`i'• ��i !•,J STATE OF HAWAII '� • co. 36,e or Fla+j3P DEPARTMENT OF LAND AND NATURALTATE OF HA • • LAND DIVISION r- ) �.�C '• POST OFFICE BOX 621 1cn r 7 HONOLULU,HAWAII 96809 r � � June 12, 2018 o MEMORANDUM zTO: DLNR Agencies: _Div. of Aquatic Resources q _Div. of Boating&Ocean Recreation X Engineering Division • Div. of Forestry&Wildlife R� _Div. of State Parks X Commission.on Water Resource Management _Office of Conservation & Coastal Lands c) X Land Division-r Hawaii District .5_X( Historic Preservation SUFOM: Russell Y.Tsuji, Land Administrator. c' BJECT:/Amendment to Change of Zone Ordinance No. 07-47 (REZ 05-000016) Request for Amendment to Condition 2 (Time to Establish Development) and Condition 19 (Administrative Time Extension) LOCATION: Waiakea, South Hilo, Island of Hawaii; TMK: (3) 2-2-028:030, 032, and 033 APPLICANT: Janice Oshiro Transmitted for your review and comment is information on the above-referenced subject matter. We would appreciate your comments by June 27, 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 a attached. • Signed: Print Name: Carty S. Chang, Chief Engineer Date: 72_,/-epAttachments cc: Central Fifes I > 3 0 :JMtYorH„'... 0 1 �.''Lc;.•‘. ,,'�; , Troy M.Kindred ' ;:t% Y1 i.: Administrator Harry Kim '= • Alc SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212• Hilo, Hawaii 96720 •Planning•Variance•Zoning iiimA7strw Telephone:(808)969-1522•Fax:(808)969-7996 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports June 22, 2018 Mr.Michael Yee,Director • Planning Department COUNTY OF HAWAI'I 101 Pauahi Street _`? "- Hilo, HI 96720 0 z. -- Z'.7. N Dear Mr.Yee: -' rD -13 Subject: Time Extension Request-Janice Oshiro '' REZ 05-016,Ord.No.06 47 s , ,) Waiakea,South Hilo,HI,TMK: 2-2-028:030, 032,033 n cri -z co -1 Thank you very much for providing me a copy of agency comments to date regarding the subject request. In response to those comments,please note the following: a. The State Historic Preservation Division issued a"no historic properties affected" determination. Notwithstanding said determination, should there be any inadvertent discoveries during the construction of this project,the standard protocol of cessation of activities and contacting of both SHPD and your office will be adhered to. b. The Police Department concluded that the project is not anticipated to have"any significant impact to traffic and/or other public safety concerns." c. The Department of Environmental Management required connection to the County sewer line fronting Kilauea Avenue. If it has not been done,it will definitely be done prior to any commercial use of the subject property. d. The Fire Department's requirement relative to fire flow and building construction will be addressed and fulfilled in conjunction with the building permit process. It should be noted that there are fire hydrants fronting Kilauea Avenue. I trust that the above adequately addresses the comments. If not or if there are further questions,please feel free to direct them to me. Thank you very much. S'ncerely,1^ I +� r V SIDNEY M.FUKE Planning Consultant Copy-Ms. Janet Oshiro w/agency comments ,i 1 a 1 4 2 Planning :'kept. Exhibit Ac, SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo, Hawaii 96720 � •Planning•variance•Zoning A;Prm Telephone:(808)969-1522• Fax:(808)969-7996 ?018 JUL 9 PPI 9 `10 • •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net n' •Environmental Reports PLAN ir .ter-n . Pili RENT COUNT Y OF HAWAII July 9,2018 Mr. Michael Yee, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 Dear Mr. Yee: Subject: Response to Agency Comments—Janice Oshiro Rezoning Time Extension Request-TMK: 2-2-28: 30,32, and 33 Thank you for providing me with a copy of additional agency comments to date regarding the subject matter. In response to said comments,please note the following: 1. The State Department of Land and Natural Resources—Land Division had no comments or objections to the request. 2. The requirements of the County Department of Water Supply regarding estimated water calculation, installation of a backflow preventer, and any other requirements will be complied with in conjunction with the construction of any new structures and/or conversion of the existing structures for commercial use. 3. Relative to the County Department of Public Works' comments,the drainage requirements will be complied with to assure no project-generated water affects adjoining properties. It should be noted that as part of the Plan Approval process— which is required prior to the establishment of any commercial uses on the site—a site drainage plan approved by the Department of Public Works is required. 4. Finally, there is a sewer line fronting the subject property along Kilauea Avenue. In conjunction with the commercial use of the existing structures or new structure,the project will connect to that line. Currently,the two (2) existing structures are used for single-family residential purposes and thus,the issue of a potential "large capacity cesspool"raised by the State Department of Health should not apply. I trust that the above adequately addresses the comments. If not or if there are further questions,please feel free to direct them to me. Thank you very much. Sincerely, ' VY V V SIDNEY M. FUKE Planning Consultant 119369 Copy—Janice Oshiro w/enclosure Pknnin pept .Exhibit �' ROshiro-AinendREZ.doc shw-08/29/2018 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JANICE OSHIRO AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 06 47 (REZ 05-000016) Upon careful review of the request, the Planning Director recommends that a favorable recommendation of the request to amend Condition No. 2 (Complete Construction) and Condition No. 19 (Administrative Time Extension) of Change of Zone Ordinance No. 06 47 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 recommendation is based on the following findings: The applicant is requesting a 5-year time extension to comply with Condition No. 2 (Complete Construction) and to amend Condition No. 19 (Administrative Time Extension) of Ordinance No. 06 47, which reclassified approximately 28,002 square feet of land from the Single-Family Residential-10,000 square foot (RS-10) zoning district to the General Commercial-10,000 square foot (CG-10) zoning district. The applicant proposes replacing Condition No. 2 with the following flexible language: "Construction of the proposed commercial development or use of the property, as substantially represented or as permitted by the zoning district classification, shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed commercial development or use of the property 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 parking stalls associated with the pro.posed commercial development or use. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent RS-zoned properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirement) standards." -1- Currently, the language for Condition No. 2 of Change of Zone Ordinance No. 06 47 states, "The proposed development shall be established within one (1) year from the effective date of this ordinance. This time period shall include securing Final Plan Approval for the conversion of the single family dwellings into offices from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the development. Landscaping shall also 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 Planning Department's Rule No. 17 (Landscaping Requirements)." In addition, the applicant is requesting to amend Condition No. 19 by enabling an administrative time extension, which would read, "An initial time extension for the performance of conditions from the effective date of this amendment may be granted by the Planning Director upon the following circumstances..." Finally, the applicant is also requesting to add the condition below to address traffic impacts, "Should the applicant, successors or assigns develop a land use which the Planning Department, in consultation with the Department of Public Works, determines that the proposed use will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement, when required by the Department of Public Works, at no cost to the • County, any transportation system improvements to Kilauea Avenue that may be deemed necessary by the Department of Public Works.". The Planning Director recommends a condition to address traffic impacts should the use generate over 50 peak hour trips. If granted, the request will allow the completion of construction within five (5) years of the effective date of this amended Ordinance, with the possibility of an administrative time extension of an additional five (5) years, for a -2- maximum of ten (10) years to complete construction. The proposed project consists of converting two (2) existing single-family dwellings into office spaces, with the potential of demolishing them and constructing a new commercial building on the subject site. This project consists of three adjacent parcels, totaling 28,002 square feet. In the original request, the applicant submitted a site plan depicting the following: • Proposed conversion of an existing 1,288-square foot single-family dwelling with an existing carport into office space on TMK: (3) 2-2-028:030. The land size is 13,906 square feet. • Proposed conversion of an existing 1,312-square foot single-family dwelling with an existing carport into office space on TMK: (3) 2-2-028:032. The land size is 12,416 square feet. • Nine (9) proposed onsite parking stalls. • The existing 1,680-square foot roadway lot, known as TMK: (3) 2-2-028:033, will continue to provide road and utility access to parcels 30 and 32. 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. The effective date of Ordinance No. 06 47 was April 12, 2006, which required completion of construction within one year or by April 12, 2007. The granted administrative time extension gave an additional year, or by April 12, 2008. Several factors affected the ability and focus of the applicant to develop the property, as the applicant and her parents were to develop this project together. However, a death in the family shortly after the approval of the original Change of Zone request took the energy and focus out of developing the subject properties. Despite having to pay higher county real property taxes, the easiest option for the applicant was to continue renting the two (2) existing dwellings for residential uses. The unanticipated global economic meltdown and the financial crisis started in 2008, when • things were settling down for the applicant, and made securing any of the proposed project financing difficult. As trends now indicate a growing economy, the applicant remains committed to completing the construction and related improvements for this project. -3- 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. There have not been any significant changes to the General Plan or Zoning Code for this area since the subject rezone approval in 2006. At that time the General Plan LUPAG Map designation for the property was the same as it is today, High Density Urban. This designation includes uses such as general commercial, multiple family residential up to 87 units per acre and related services. Since the subject property was rezoned in 2006, the property to the south, known as the Lanikaula Professional Center, reclassified its zoning from RS-10 to CG-20 by Change of Zone Ordinance No. 06 143. The Economic Element of the General Plan encourages the county to provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. The applicant is simply seeking additional time to complete the construction and the conditions of the original approval of the change of zone request. The Planning Department is supportive of the request for a time extension as the applicant is committed to completing construction and the related improvements. The three (3) subject properties are on the east side of Kilauea Avenue. The existing paved driveway is about 18 feet wide. Kilauea Avenue is a 60-foot right-of-way fully improved pavement with curbs, gutters and sidewalk. The City of Hilo Zone Map proposes to widen Kilauea Avenue into an 80-foot right-of-way. Therefore, the existing Condition No. 5 of Ordinance No. 06 47, requiring a 10-foot road widening strip along the frontage will remain. On-street parking is not permissible along this section of Kilauea Avenue. Condition No. 6 restricts access to Kilauea Avenue to a single location, and no left turn shall be permitted from the commercial property on to Kilauea Avenue. This condition will remain. The County Council adopted concurrency requirements for water, roads and civil defense sirens. The DWS indicated that county water is available with conditions. On June 18, 2018, the Department of Water Supply(DWS) specified that water can be made available from an existing 10-inch waterline within Kilauea Avenue which fronts the -4- subject parcel in accordance with the Department's existing water availability conditions, which are subject to change without notice. The parcels are currently served by two (2) existing 5/8-inch meters. Please be informed that one (1) unit of water, or one (1) 5/8-inch meter is limited to an average daily usage of 400 gallons per day, which is suitable for only one (1) single-family dwelling. The Department has no objection to the proposed application subject to the applicant understanding and accepting the following conditions: DWS requests that the applicant submit estimated maximum daily water usage calculations for the proposed use that meets their approval to detennine the water commitment deposit amount, prevailing facilities charges and the appropriate service lateral and meter size; DWS requires the installation, inspection and approval of a reduced pressure backflow assembly; and, DWS has stated that the relocation and adjustment of their affected water system facilities may be necessary. Further, the DWS informed that the existing 10-inch waterline within Kilauea Avenue fronting the project site is adequate to provide the required 2,000 gallons per minute flow for fire protection, as per the DWS standards. The Department recommends that the applicant contact the Fire Department for any fire protection requirements. A proposed development that will generate over 50 peak hour trips requires a traffic study. Based on this request, a Traffic Impact Analysis Report is not required. However, the Planning Director recommends adding a condition to require a TIAR should the proposed development generate over 50 peak hour trips. The nearest three (3) Civil Defense Agency(CDA) sirens are each over 4,000 feet away from the subject properties. The proposed project does not trigger the requirement of an additional CDA siren at this time. Although the CDA did not comment on this specific amendment request, they did provide their comments for the original request. On September 29, 2005, the CDA commented that the proposed project lies within the Tsunami Evacuation Zone, which the applicant should develop an Emergency Plan to address and respond to this hazard. For the safety of the public and to address planning for other types of emergencies, the Planning Director concurs and will add a condition for the applicant to develop an Emergency Plan in coordination with the Civil Defense Agency. Thus, the proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. -5- During the review of this amendment request, our office sought comments from other government agencies to understand how their rules and regulations will impact this project. To ensure compliance with their regulations, many of the comments received are now conditions in the Planning Director's recommendation for approval by the Planning Commission. The Planning Director recommends updating the existing conditions to reflect the current standard language. The applicants will be required to comply with all agency requirements and stated conditions of approval. This favorable 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 uses permitted within the General-Commercial zoning district, prior to its commencement and during its establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 06 47. In addition, the Planning Director recommends that existing conditions in the Ordinance be revised to reflect the current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 06 47 is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck-through; new material is underscored. • -6- COUNTY OF HAWAII +• - STATE OF HAWAII TE'O F-HF' BILL NO. ORDINANCE NO. 4\clon;Y� 06f icri trn i-1-) AN ORDINANCE AMENDING ORDINANCE NO. 06 47, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-028:030, 032 AND 033. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 06 47 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. [In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance.] Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- 1 '� CG 7.5 l 1,_RD-3.75, 'il �V RS40 ` ',I ,RD-3.75` RS-10 RAio •`\ \ '1 11* , 1 1 1� , ,1, Lono St r RD-3.75 `� RS-.10 CG-20 _ - R5 10 �`1`x'1 ''�-- -_ _ s . • .0 ,,\\, --A CG-7.5 _ SINGLE-FAMILY RESIDENTIAL(RS-10) _ TO GENERAL COMMERCIAL(CG-10) ' ''. `` - c I - 28,002 SQ.FT. 'l! - cG zo L D I 1-- - m i RS-10 .' _ 1 , '\ 3,225.31.S CG-i0 /-- 1 ;1 1ti "•__---7;30131 E —I — — � CG-20 - — — :Marag7 14.WV 410. 1 CG-10 JrØ w -; x-� dr0 RS110 110-410004- "4mA3-1. RS-10 ` E -:3 1: .t.. e " ��, CG-20 - -. 1 RS-10 / CG 10 i / l / / • i , W�an'Ikauta St / i! �: , 1 RS-10 / / 4'1 `1 \ 4y / ! i, l RM- 4 RS/10 RS 10 1'1 ' RS 10 �, OPEN E(anikau/a Sf l .....e%3Z 1 . OPEN �o RS-10 / OPEN % ‘ OPEN OPEN • i RS-10 ,/ RS-10 RS-10 220 110 0 220 440 660 880 1.100 , w.- Feel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (CG-10) AT WAIAKEA, SOUTH HILO, HAWAI I PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 2-2-028 030, 032,033 Date September 15, 2005 EXHIBIT "A" - (Janice()shim()shim1175) FOR REFERENCE ONLY COshiro-AinendREZ.doc shw-08/29/2018 JANICE OSHIRO AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 06 47 (REZ 05-000016) CONDITIONS OF APPROVAL [1. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. 2. The proposed development shall be established within one (1) year from the effective date of this ordinance. This time period shall include securing Final Plan Approval for the conversion of the single family dwellings into offices from . - - -• development. Landscaping shall also 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 Planning Department's Rule No. 17 (Landscaping Requirements). • . . - :. .• --- - - p _ ! . = . --- - -- . ' .• building permit. '1. Construction activities on the properties shall be limited to 7 a.m. to 5 p.m., Mondays through Saturdays. S • - - - - , . ;; • •: - - :. - : -- - strip line. :. • - : • . . . • • - - . -- -• -. : . -' : . ':-. • . , . connections to Kilauea Avenue shall conform to Chapter 22, County Streets, of the Hawaii County Code. 7. The applicant shall also install street lights and traffic control devices as required • - !• .• •--, !-:. -- - - I . : • -- . -- • -. :- responsible for the design, purchase, and installation of such devices. All of the Certificate of Occupancy. • the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. • - - ----- : - -: :- -• -- - - • - directed toward any adjacent properties. t. • .: - . • -- • .' -- - - -• - . - the Department of Public Works prior to issuance of a construction permit. Any - .:: : . - D-:. - --- : I : • Certificate of Occupancy. 11. Construction within the designated flood zone shall conform to Chapter 27, Flood Control, of the Hawaii County Code. No additional structure shall be built in the AE zone or shaded Zone X Flood Zones. Such construction in the areas currently mapped in the AE or shaded X Flood Zones shall be allowed if the owner secures a letter of map revision. 12. Sewer lines shall be installed within the development to connect with the County's sewer system,meeting with the approval of the Department of Environmental Management, and prior to the issuance of a Certificate of Occupancy. 13. A Solid Waste Management Plan shall be submitted to the Department of - - •• :-. -- . -- - •. . - • == = • . • - - - ; . Certificate of Occupancy. 14. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the --. - . - -- 9-:. - ----- - --- - --. . -. -. . State Historic Preservation Division (DLNR SHPD) shall be immediately -2- ► ! - ' _ - 15. If the applicant, successors, or assigns develop residential units on the subject 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 • , - : - 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 actual number of units according to the calculation and payment proyisions set forth in this condition. as follows: 1. $3,162.49 per multiple family residential unit to the County to support park and recreational improvements and facilities; facilities; 3. $307.16 per multiple family residential unit to the County to support fire facilities; '1. $137.04 per multiple family residential unit to the Coun • waste facilities; and 5. $2,704.31 per multiple family residential unit to the County to support road and traffic improvements. and/or construct improvements/facilities related to parks and recreation, fire, -3- Director, upon consultation with the appropriate agencies and approval of the County Council. 16. To insure that theg an s oald policies of the housing element of the General Plan g are implemented, the applicant s-. - : • ••• - -- -- .• -- - - -. : - , •.- - , - . • .•' .4. - • ::-, - . : . : :: - -:. ' _ a: - • --- - . :- . :1 : • . ; • .: -•-• Community Development. 17. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria Ordinance. 18. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 19. 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, its successors or 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 • The time extension granted shall be for a period not to exceed the period -4- • • . .-■- - - -. .: - -- .:- ' . .- : - • • • • • I. . . • . - :-:• -: :- .. p • : : - - . --- • original or more appropriate designation.] A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, its successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements, including impacts to state waters and fire code. C. Construction of the proposed commercial development or use of the property, as substantially represented or as permitted by the zoning district classification, shall be completed within five (5) years from the effective date of this amended ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed commercial development or use of the property from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all existing and proposed structure(s), signage, fire protection measures, outdoor lighting toutdoor lighting shall be shielded with light directed downwards), future road widenings, paved driveway access and parking stalls associated with the proposed commercial development or use. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent RS-zoned properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirement) standards. D. All structures on the properties shall comply with the height limit requirements and setback requirements for the RS-10 district at the time of issuance of the building permit. E. Construction activities on the properties shall be limited to 7 a.m. to 5 p.m., Mondays through Saturdays. Best Management Practices (BMPs) shall be -5- ,implemented. Noise from construction activities and operations, and method of fugitive dust control shall meet the standards and requirements of the State Department of Health. F. A 10-foot wide future road-widening strip along Kilauea Avenue shall be delineated on the plans submitted for Plan Approval review. No structural improvements shall be allowed within this road-widening strip, provided however, that any required landscaping may be permitted within this strip. Further, applicable setbacks shall be taken from the 10-foot future road widening strip line. G. Prior to the issuance of a water commitment(s) by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations to the DWS prepared by a Hawai`i-state licensed professional engineer whose license is current, valid and in good-standing with the State Department of Commerce and Consumer Affairs. H. The applicants shall submit and maintain the required water commitment payment(s) to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy"upon the DWS determination of the water commitment deposit amount and the prevailing facilities charge. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department of Water Supply's affected water system facilities, should they be necessary, which may include conveying the water system improvements and necessary easements to the Water Board. The applicants shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property as required, which must be inspected and approved by the Department of Water Supply prior to activation of water service. K. Access to Kilauea Avenue shall be limited to a single location. All driveway connections to Kilauea Avenue shall conform to Chapter 22, County Streets, of -6- the Hawai`i County Code. L. The applicant shall also install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. All of the roadway improvements to Kilauea Avenue shall be completed prior to receipt of a Certificate of Occupancy. M. The applicant shall provide reconstruction improvements to the curb and sidewalk fronting the subject properties along Kilauea Avenue in a manner meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy, N. Should the applicants, successors or assigns develop a land use which the Planning Department,artment, in consultation with the Department of Public Works, detennines will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicants shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Kilauea Avenue that may be deemed necessary by the Department of Public Works. O. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. P. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. Q. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. R. Construction and/or the conversion of the dwellings into office use or other uses within the designated flood zone shall conform to Chapter 27, Flood Control, of the Hawai`i County Code and the flood zone boundaries as depicted by the State -7- of Hawai`i, Department of Land and Natural Resources, Flood Hazard Assessment Tool (http://gis.hawaiinfip.org/FHAT). No additional structure shall be built in the AE zone or shaded Zone X Flood Zones. Such construction in the areas currently mapped in the AE or shaded X Flood Zones shall be allowed if the owner secures a letter of map revision. S. Sewer lines shall be installed within the development to connect with the County's sewer system, meeting with the approval of the Department of Environmental Management, and prior to the issuance of a Certificate of Occupancy. T. 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. U. An Emergency Evacuation Plan shall be submitted to the Hawai`i County Civil Defense Agency for review and approval prior to the issuance of Final Plan Approval. A copy of the approved plan shall be submitted to the Planning Department for their files. V. In the unlikely event that any surface or subsurface historic properties and/or resources, such as lava 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. W. If the applicant, successors, or assigns develop residential units on the subject properties in excess of the units allowed by the current RS-10 zoning, 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 -8- 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 combined value of$9,195.34 per multiple 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 shall be allocated as follows: 1. $4,535.80 per multiple family residential unit to the County to support park and recreational improvements and facilities; 2. $143.36 per multiple family residential unit to the County to support police facilities; - 3. $440.97 per multiple family residential unit to the County to support fire facilities; 4. $196.54 per multiple family residential unit to the County to support solid waste facilities; and 5. $3,878.67 per multiple 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, •olice solid waste dis•osal facilities and roads within the re.ion iim.acted b 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. X. To insure 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, -9- 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. Y. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. Z. 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, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting.of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. 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. -10- WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT SEPTEMBER 6, 2018 A regularly advertised hearing on the application of JANICE OSHIRO (AMEND REZ 05- 000016)was called to order at 9:17 a.m. 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, Thomas Raffipiy, John,Replogle. ABSENT & EXCUSED: Donald Ikeda. ALSO PRESENT: Michael Yee (Planning Director), Daryn Arai (Deputy Planning Director), Amy Self(Deputy Corporation Counsel for the_Panning Director), Mahal-IQ Hall (Deputy Corporation Counsel for the Windward Planning Commission), Maija Jackson(Planner), Shancy Watanabe (Planner),Esther Imamura (Planner), Kim Tanaka(Secretary), and Sarah Hata-Finley (Commission Secretary). And 28 members from the public in attendance. APPLICANT: JANICE:OSHIRO (AMEND REZ 05-000016) Request for a 5-year time extension to comply with:Condition.No. 2 (Complete Construction) and amend Condition No. 19 (Administrative Time Extension)"of Ordinance No. 06 47, which reclassified the county zoning for approximately 28,002 square feet of land from the Single-Family Residential-10,006-'square-foot (RS-10) district to the General Commercial-1-0,000 square foot:(CG-10) district in 2006. The subject property is located approximately 163 feet northeast of the Kilauea Avenue and Lanikaula Street intersection, Waiakea, South Hilo, Hawaii, TMK `(3) 2-2-028:030, 032 and 033. CLARKSON: The next item on the agenda is an amendment to a rezone. You're also doing this presentation? WATANABE: Yes. CLARKSON: Please proceed. WATANABE: All right. Good morning, again, everyone. May I direct your attention to the back for the presentation? The Applicant is Janice Oshiro, and this is for an amendment to Change of Zone [Ordinance] No. 06-047. This is the location map for the subject properties. The three subject properties are located just off of Kilauea Avenue near the intersection of Kilauea Avenue and Lanikaula Street in the South 1 Hilo District. And, for reference, Kilauea Avenue is running in the north to south direction, and Lanikaula in more or less in the east to west direction. The Applicant is requesting a five-year time extension to comply with Condition No. 2 to complete construction and amend Condition No. 19 for an administrative time extension. If granted, this request will allow the completion of construction within five years of the effective date of this amended ordinance with the possibility of an administrative time extension for the same number of years for a maximum of ten years to complete construction. The proposed revision to Condition No. 2 would also provide flexibility to the Applicant to construct the project as originally approved or to establish uses permissible for the General Commercial, CG-20, zoning district. In the original request, the Applicant proposed to convert an existing 1,288-square foot, single- family dwelling and existing 1,312-square foot, single-family dwelling with an existing carport each into separate office spaces. There would be nine proposed on-site:parking stalls to share. The road lot, Parcel 33, would continue to provide access to Parcels 30 and 32. The Planning Director recommends updating the conditions toAmeet the current standard language and to reorder the conditions-for_clarity. Similar:to other change of zone ordinances, these ordinances, these conditions in-this ordinance, wouldnow reflect letters instead of numbers. Thus, Condition No. 2 is now_Condition.C, and Condition No. 19 is now Condition Z. The Applicant provided_this site-plan. Existing are the dwellings that are on each property, and they would be converted.:into offices with nine parking stalls to share with Road Lot C shown at the bottom to access both parcels. This is the County zoning map. The_subject properties are outlined in black, and are designated as CG-10: Neighboring zoning show RS-10 shown in the yellow; Open in the green; Other Commercial in the varying shades of pink and red; and tan for the Double-Family Residential District:-. This is the General Plan Land'use Pattern Allocation Guide Map. The subject properties are designated as High Density Urban-shown in the red as are surrounding properties, with Open towards the bottom right-hand corner shown in green. This is the State Land Use Boundary Map. The subject properties are designated as Urban. This is an aerial photograph of the three properties. This site photograph shows the Road Lot C. The photo on the left was taken standing on Kilauea Avenue facing towards Hilo Bay,,and the photo on the right is of the existing road conditions in the Puna direction. The Planning Director recommends a favorable recommendation to amend [the] Change of Zone request to the County Council. This concludes my presentation. I am happy to answer any questions that you may have. 2 o i CLARKSON: Do we have any questions for staff from the Commission? If not, will the Applicant or their representative please come forward? You're already sworn in, Mr. Fuke. FUKE: Sure, good morning, like your staff, I'm just kind of following her around. Yeah, I'm here representing or helping a good friend of mine, Janice Oshiro. She was seeking this time extension largely because she wanted to do something with the property, actually convert the existing two dwellings on the property into some office use, but over the intervening time, her father passed away, and so there was a lot of distraction and so that's the reason for the delay. She is now back on her feet, ounded, and so would like to request this extension so that she �' eventually would want to have those dwellings converted to office use. However, I must add that over the past few years, the dwellings have not sat idle. I mean, they've been used and they've been rented out, so it's provided,some measure of service for the community nonetheless. -_" CLARKSON: Are there any questions for Applicant from the Commission? If not, thank you. You may be seated. There being no one signed tip to testify on this matter;=I'11 ask that public testimony be closed, a motion for that be made. - _ - DELA CRUZ: I make the motion to-dose public testimony: RAFFIPIY: I second. CLARKSON: All thosein favor? _ COMMISSIONERS: Aye. - CLARKSON: Opposed? Public"testimony is closed. Is there any further discussion on this matter within the-Corrimission?- Ifnot, I'll-ask for a motion for action. REPLOGLE: I move that a favorable-recommendation be forwarded to the County Council on the request to amend Change-of:Zone Ordinance No. 06-47 based on the Planning Director's recommendations, findings, and proposed-amended conditions which shall be adopted. RAFFIPIY: Second: CLARKSON: If there is k further discussion on this motion, I'll ask staff to take the roll call vote, please. WATANABE: Yes, Chair. Commissioner Replogle? REPLOGLE: Aye. WATANABE: Commissioner Raffipiy? RAFFIPIY: Aye. 3 WATANABE: Commissioner Aguinaldo? AGUINALDO: Aye. WATANABE: Commissioner Dela Cruz? DELA CRUZ: Aye. WATANABE: Chair Clarkson? CLARKSON: Aye. - WATANABE: The motion carries five to zero. The discussion ended at 9:25 a.m. _ _-Respectfully submitted; = = = - Sarah Y Hata-Finley, Secretary - Windward-Planning Commission 1 4 „ ,,..,...... r r �.=. riw" / , , , ..000 , ....;:emme-4-0-400 iivi. '”` � . 481.4.11-1. �-�.►,,# wiaisury kVfor WAAL AaroidW .:41:::_,....-11.1".. W4111161102 r J A N I C E OSH I R 0 ==ccEHN ,G0E6°4; LOCATION MAP . ,.. . ....nr _. . . . , .. .t , ____, !'' 1 NM . ♦�. * ;'♦4+14 ♦4442•4110...-•10„ ,, , ,,;_,,,,_,,,,:„.„,,,;,.. •,,-A... ,,..4. .7..,- . .•+ I 1 1. `\ 1'7, � .. ,1+ .iii ,� -"I i ♦4♦4 .44 y }--j te.;444, 4,......, i 1 _R-L..- -__ i , l N • ?''7% -2, 5 • { y 5� X44 KEKUNAOAST — L i____ --r • _ — [� j' r-- r t f R y �1r1j 51 I }I' I i— _ _ __L___,_. la _____ _ _ ) \ ... '.... rs%,„\_.,; ,,_\...\''-= • 1,.. ' is .________._ ____ , ! '',41,77, ,2„:.-.-__ :,,,, ,,_, ,.., ,,.. ,,,„‘„,,,,,,___ , mi.i _ , . ..--- ,____ • _. ,-„--:-. ....... ..:;.).,.-, :-.,---,.--”,\-- . - .,..„ ---,,---. '- - ,., —1 - -1 ~South Hilo District = T - .t , rri ( 1�r - I 1. it MI _ \ ...--- •:S.\\ l i., ' ' ' . -----A...dilL?:;- : —,..,01,, .:-- -.-',' ------:1 .3---—1 I Ilf - . ,).r. - 1 fl t.i MI :.--til .j.- - ,..<:----Y ......-....„:,,,:. -r „p ,,,,,...,-,o ,...---x-- ...,-.....--.N.r.-.,,.. s. ;,(4---,\--- , ---] 1 -T-Tii -„:7,,',--, T.----• Jill — —Iil l7',7;F ri- :s., ^.. •.,,,. " :�{;�'\ '''t\ �'t ( 1 l t_ 1 , y \' ,,,, ', .,...---;)c---* " ,� - .,- .� y ,,ti,' J ,..----)=, F . fill 5.1` �/;r• '1�� s r\ r r•� I --"I t.; :c I '\. ` •c,r, 1 I I 4rte_� kt 1 s i �' S ..,..: .4. , ,, , r THE APPLICANT IS REQUESTING : ■ A 5-YEAR TIME EXTENSION TO COMPLY WITH CONDITION NO. 2 (COMPLETE CONSTRUCTION), AND AMEND CONDITION NO. 19 (ADMINISTRATIVE TIME EXTENSION). IF GRANTED, THIS REQUEST WILL ALLOW THE COMPLETION OF CONSTRUCTION WITHIN FIVE (5) YEARS OF THE EFFECTIVE DATE OF THIS AMENDED ORDINANCE, WITH THE POSSIBILITY OF AN ADMINISTRATIVE TIME EXTENSION FOR THE SAME NUMBER OF YEARS, FOR A MAXIMUM OFTEN (10) YEARS TO COMPLETE CONSTRUCTION. ■ THE PROPOSED REVISION TO CONDITION NO. 2 WOULD ALSO PROVIDE FLEXIBILITY TO THE APPLICANT TO CONSTRUCT THE PROJECT AS ORIGINALLY APPROVED OR TO ESTABLISH USES PERMISSIBLE FOR THE GENERAL COMMERCIAL (CG-20) ZONING DISTRICT. ■ IN THE ORIGINAL REQUEST, THE APPLICANT PROPOSED TO CONVERT AN EXISTING 1 ,288-SQUARE FOOT SINGLE-FAMILY DWELLING AND AN EXISTING 1 ,312-SQUARE FOOT SINGLE-FAMILY DWELLING WITH AN EXISTING CARPORT EACH INTO SEPARATE OFFICE SPACES. THERE WOULD BE NINE (9) PROPOSED ONSITE PARKING STALLS TO SHARE. THE ROAD LOT (PARCEL 33) WOULD CONTINUE TO PROVIDE ACCESS TO PARCELS 30 AND 32. • THE PLANNING DIRECTOR RECOMMENDS UPDATING THE CONDITIONS TO MEET THE CURRENT STANDARD LANGUAGE, AND TO REORDER THE CONDITIONS FOR CLARITY. SIMILAR TO OTHER CHANGE OF ZONE ORDINANCES, THESE CONDITIONS NOW REFLECT LETTERS INSTEAD OF NUMBERS. THUS, CONDITION NO. 2 IS NOW CONDITION C, AND CONDITION NO. 19 IS NOW CONDITION Z. APPLICANT ' S PROPOSED SITE PLAN I .• . Is -r ,. . - k.,. . ,..".., /I . • • Lo1 A ri,:,,, • 'i-'..! 20 -3ct !NIA:,2-'1-:zz, . •s2 ..,r;(,*:•, 1.;r7t. t-T; 12. 1c. t7,6-....r•-c. ; I r il, ! ... -- ! II; „ . ..---- - - I! = :'... r • , 4.„.,,,".•n '..i‘.1 •Ir,r, ',or, — .— L. -,1 ,31 - -" i-; 7 I i 1 L .. i i',"•!..;;,;,T:.,...1 . • 'I - 1-• ! ' I . r ; , um.),I..1 . i ,,R,o,,,,,,,,,,r. FA r•pc" ',.• •i.,..,.....PE! i ,. -, -,....,......,-.11 roc.. y -,i:.;‘,...?I...ff I I Ci IL i,-;-: 1% .,,,,/ -r.:-..-7-• .! ..,,..., ....,_...att_"--. _, .—-.,-- is? 1..) 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' • , , , .. , .. .........„....„......7 ...1 towards the i ,. , - - -- 1 -Ilk , , .,,,.• ii, o, • • ..._. ., subject property. --...,,,,,-. • „. _,. :• ,, - -- - _ • .. - Afirt„ „...,, - ),' ,•'- •' '. 1 .,..,' • • •-*. - - -”.mitirt -- - , - —,:•.„.,--- ,q1,4`. ,--!,„„,-,- ,,.. --; • '.-4,,-_ _' , , ,,... •, .,.,,,„„...... -.,, _ z„.,, ,;,- „ . - ,--, ,.•-.„,,,,,,,t__,. ,,,,•„..,, i.,,, ,i , - : - ---,--, .,-,..::•$`''''' ,-,!,..;‘,-_-7:4:4•e',..„;,... i: _,,,...,,,,. -, s .- - .•••At:......, ---."-• .. , -, ,, ,. _. -- 44.,. - ,--• ., -_ ,,,,,,,,,,-, ,..... ., , . , 4,,,,,' •40,„..w-1,7-_,,,,ig.,',:.,;..,.....:.-it'ziA: ,.~ .;.;),?., .,1 , *, ...,airitale,,e..,..,..,-, '4.,..,'f;;;11,',-_,,,„ ,*-<,----- .„ • lammemmeavasp_ SITE PHOTOGRAPH ,,,,...,... „, j . ,, This photo was taken .., . standing on Kilauea Avenue, . ---'-„.,4,11/4.dif •r . :...iii .._, -• „, _. . ,.. , ,,,.. , . .,,, 1 ., _. , ,,,,, _ .,s., .. iih.,,,,.. ..1..., _fici7ng,40.. .,..ut_h_ea.,s. ------- . • ,orAteur Am,- „, ,.' Ail”,, AV•„,' ^ ''. ' ' . \ - • .,,,, : ,, , , • .'.,. ' ' .• .-„' ilaiiiii i m kik, . ...„,• , , 11- ,. , -V • .....:....:. 4.... -'4., i hi .,,,::......',., *Ai,---- ---:.;,Z. i 1,.. ...,-. ' ---,...‘ -77 ' .• , . ., '• '''.k. - ,;, ...,--• --,---- , .4-...,.. -.,.., ..-,,,,:;.---•,. -.,,, ,.,,,. ": ,,1/4';'•,--,2--'''''-',=-:'"i,:.,...,, ,,,,X, _.,. ' L , — ' '''" ........ -,... - . ,., ..,..,...„,..._ .. _ -. - . . • 5 ,,„ ---, ..,... : ir.......... • -..--_,..---4.,;;-,, - ,- -- .- .. -- - — This photo was taken standing 21"...-.--....,.....--...... ......., ,• ,-,.. .......,, - , , on Kilauea Avenue, facing - .- 4. _.7 •.„, , . . ,• -: -:.-..••, , northeast towards Hilo Bay. . - .... . ,,. - --- . 4ite - PLANNING DIRECTOR ' S RECOMMENDATION : A FAVORABLE RECOMMENDATION TO AMEND THE CHANGE OF ZONE REQUEST TO THE COUNTY COUNCIL