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Home My WebLink AboutCOM 0134.000 2018-2020 • oJ�tVOFp ' ,, Wil Okabe 414 Managing Director Harry Kim +: � ��s�;et Mayor Barbara J.Kossow �r.: �.vae..•�`�' Deputy Managing Director • 414*oF•N'•f� p ry g g CIirnnfg f�. hhhn 'i ®ffitr of flit Alavor 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 February 14, 2019 • cca oma. M • Aaron S. Y. Chung, Council Chair and Members of the County Council -71c1 County of Hawai`i =▪ >rn 25 Aupuni Street '= Hilo, HI 96720 Dear Chair Chung and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 06 107 (REZ 06-000032) Applicant: Makalika 521, LLC Request: Amendments to Condition D (Future Road Widening), Condition E (Off-Site Infrastructure Improvements), and Condition B (Time to Complete Conversion) Tax Map Key: 2-2-034:012 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action is the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Since. 1,, HARRY KIM Mayor MTransCouncilMakalika521 REZ06-032 Enclosures cc: Planning Department </ei%\k 33> Comm. No.a1 34 C County of Hawai`i is an Equal Opportunity Provider and Employer. Ref.To: l� Ref. Date FEB 2 2 2019 -.OJNtY•OF,,,,,. Harry Kim = `�• Hyl�; Joseph Clarkson, Chair Mayor ;+� � ?�, �%�,•I Thomas Raffipiy,Vice Chair ;•s.r Gilbert Aguinaldo .'•tb` ,,:�; Donn Dela Cruz ;4 Donald Ikeda 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 FEB 1 3 2B19 • Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 06 107 (REZ 06-000032) Applicant: Makalika 521,LLC Request: Amendments to Condition D (Future Road Widening), Condition E (Off-Site Infrastructure Improvements), and Condition B (Time to Complete Conversion) Tax Map Key: 2-2-034:012 The Windward Planning Commission, at its duly held public hearing on February 7, 2019, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No.06 107. The subject property is located,at 680 Manono Street,along the west side of Manono Street,midway between Kekuanao`a Street and Hualani Street,Waiakea Houselots,South Hilo, Hawai`i. The applicant is requesting amendments to Change of Zone Ordinance No. 06-107 (REZ-06-000032),which include a five(5)year time extension to:complete the required off- site infrastructure improvements in Condition E; complete the future road-widening as required in Condition D;allow the construction of a new commercial structure in Condition B,and an additional allowance of an administrative time extension allowed in Condition O. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants,successors or assigns,and that are not the result of their fault or negligence.The applicant(Makalika 521,LLC)acquired the Hawai`i County is an Equal Opportunity Provider and Employer Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 2 property in 2017 and was subsequently sold in 2018 to the new landowner(Nakoamana Kaialii Ventures,LCC).The applicant has every intention of developing the subject parcel, as evidenced by their diligence to complete the delinquent off-site infrastructure improvements.The applicant stated that obtaining the required construction plans prepared and approved took longer than anticipated, with the construction plans being approved in September of 2018,nearly two(2)years after the previous Ordinance No. 06-107 deadline.If these amendments are approved,the applicant states they will be in a better position to secure necessary funding to construct a new building on the subject parcel. Granting of the amendments would not be contrary to the original reasons for granting the rezone.The reasons for granting the original rezone under Ordinance 06-107 (REZ-06-000032)has not changed,although the development plan for the subject parcel has been modified to include the applicant's proposal to allow the construction of a new commercial structure instead of a conversion to the existing structure located on the subject parcel. The applicant is seeking additional time to complete the off-site infrastructure improvements,to change the timing of when the future road widening strip will be dedicated to the County of Hawai`i, as well as amending the requirement that the existing structure be "converted". The applicant (Makalika 521, LLC) acquired the property in 2017, and was subsequently sold to the current landowner(Nakoamana Kaialii Ventures,LCC)in 2018 who has allowed the applicant to continue to pursue this amendment to Change of Zone Ordnance No. 06-107. Granting of the amendments would not be contrary to the General Plan or Zoning Code.Since the subject parcel was rezoned from RS-10 to CN-20 in 2006,there has not been any land use regulatory changes in this area that would influence the subject parcel. The Hilo Community Development Plan has not been updated, and therefore, the only significant planning policy'document would be the County General Plan. The request continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map, which defines the subject parcel and its immediate surrounding area as Medium Density Urban (mdu). Medium Density Urban is defined as "village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential—up to 35 units per acre)." The amendment requests continue to conform to the goals,policies and standards of the General Plan in that the proposed development will be established in an area adequately served by necessary services such as water,utilities and transportation systems.The proposed Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 3 project conforms to the intent of the "Urban Center" designation in which activities in the community will be more readily and easily conducted,as well as making urban centers more efficient, livable and safe. The proposed amendments continue to be consistent with the following goals, policies, and actions of the General Plan: ECONOMIC ELEMENT • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii; • 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; and • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. LAND USE—COMMERCIAL • 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; • 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. • 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. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 4 The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP), adopted in 1975, suggests multi-family residential uses in this area,however,this area is transitioning to higher-density commercial type uses. The proposed amendments to Ordinance No. 06-107 would allow for the continued commercial use that already exists on the subject parcel and would be in-line with the recent commercial developments in the area. The property is 20,000 square feet in size and is rectangular in shape.The parcel was formerly used for a single-family residence that was converted to a commercial structure in 2007. The remainder of the property includes common landscaping (i.e., grass and small shrubs), as well as a paved parking area for the commercial activities. The land uses in the area are a mix of residential and commercial uses.The Manono Street Marketplace and Atebarra Chip Company are located across the street from the subject parcel,which are zoned CN-20.Rezonings in the area from Single-Family Residential(RS) to Neighborhood Commercial (CN) include properties to the south and east, and other properties to the northeast on the corner of Manono Street and Hualani Street. Access to the project site is from Manono Street, which is a County owned and maintained roadway with 22 feet of pavement width within an existing right-of-way width of 50 feet fronting the subject property.The City of Hilo roadway map identifies Manono Street as a major collector road with a minimum required right-of-way width of 60 feet. The Department of Public Works (DPW) recommended that the applicant provide full improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk and any required utility relocation, meeting with the requirements of the Americans with Disabilities Act of 1990 • (ADA)and approval of the DPW.Additionally,DPW recommends that the applicant design, purchase, and install streetlights and traffic control devices as may be established by the Traffic Division.The improvements shall be located within any future road widening setback as may be established by the Planning Department.The preceding are proposed as conditions of this favorable recommendation. County water for the subject parcel is available from an 8-inch line fronting Manono Street, which was determined to be sufficient to address fire flow requirements. The property has no severe geological or topographical problems which cannot be rectified, or which would render the land unusable. The project site is located within Zone Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 5 "X",which is an area of minimal flood hazard. The parcel is also located within the Tsunami Evacuation Zone. According to DPW, all development-related runoff shall be disposed of on site and shall not be directed toward any adjacent properties. No professional floral or faunal surveys were conducted of the site due to the history of the property being used for residential and commercial purposes. The request is not contrary to Chapter 205A,Hawaii Revised Statues,relating to Coastal Zone Management. The project site is not proximate to the shoreline and is situated outside of the SMA. There is no record of any designated public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural,historical or natural resources exist on the property,and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site.Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved amendment,prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits,the installation of approved wastewater disposal systems,compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), compliance with SHPD requirements, among others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings,the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No.06-107. 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.06-107 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. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 6 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 will be provided under separate cover. Sincerely, Jose h B, Digitally signed by Joseph p B.Clarkson Clarkson Date:201902.13 21:1556-10'00' Joseph Clarkson, Chairman Windward Planning Commission LMakalika52 1 amendREZ06-032wpc2 Enclosures cc: Sidney Fuke, Planning Consultant Makalika 521, LLC Department of Public Works Department of Water Supply Amy Self, Esq., Corporation Counsel BMakalika-REZO6-32.AR 01-30-19 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MAKALIKA 521, LLC (FORMERLY KATHY TRIPP) AMMENDMENT TO CHANGE OF ZONE APPLICATION (AMEND REZ 06-000032) MAKALIKA 521, LLC has submitted an application for time extension to Condition D (Future Road-Widening), Condition E(Off-Site Infrastructure Improvements), and an amendment to Condition B (Time to Complete Conversion) to allow a time extension to build a new commercial structure. Lastly, the applicant is requesting the allowance of an additional administrative time extension be added(Condition 0). The preceding are conditions of Change of Zone Ordinance No. 06 107, which reclassified approximately 20,000 square feet of land from Single-Family Residential-10,000 square feet (RS-10) to a Neighborhood Commercial-20,000 square feet(CN-20) zoning district in 2006. The subject property is located at 680 Manono Street, along the west side of Manono Street, midway between Kekuanao'a Street and Hualani Street, Waiakea Houselots, South Hilo, Hawai`i, Tax Map Key: (3) 2-2-034:012. PROPOSED ACTION 1. Applicant's Request/Project Description: The applicant is requesting amendments to Change of Zone Ordinance No. 06-107 (REZ-06-000032)for a five(5)year time extension to complete the required off-site infrastructure improvements in Condition E; to complete the future road-widening in Condition D; and to Condition B to allow for the construction of a new commercial structure. Lastly, the applicant is requesting an additional allowance of an administrative time extension. 2. Landowner: Nakoamana Kaialii Ventures, LCC 3. Supportive Information: The applicant (Makalika 521, LLC) has submitted a time extension request in support of the amendments. (Planning Department Exhibit 1—Time Extension Request dated October 17,2018 and email January 11, 2019) STATE AND COUNTY PLANS 4. State Land Use Designation: Urban 5. General Plan Designation: The General Plan land use designation is Medium Density Urban(mdu). 6. County Zoning: Neighborhood Commercial'District (CN-20) 7. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. 1 on May 21, 1975 designates this area as RM-4 8. Special Management Area: The subject property is located about approximately 1,100 feet from the nearest shoreline (Wailoa Pond) and is not situated within the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is located at 680 Manono Street. The property is a rectangular-shaped lot consisting of 20,000 square feet with a 100-foot frontage along Manono Street. There is an existing 1-story, 1,246-square foot dwelling that is presently utilized as a retail fabric and related gift shop called Kilauea Kreations, which converted from a single-family residence in 2007. 10. Surrounding Zoning/Land Uses: The properties located north and west of the subject parcel are zoned RS-10 and include single family dwellings and a local church. South of the subject parcel lies a CN-20 zoned property(Flooring Warehouse/Store). Similarly, the large Manono St. Marketplace, which lies directly across Manono Street from the subject parcel, is also zoned CN-20. Further north are single-family dwellings (RS-10) and the commercial area on the corner of Manono Street and Pi`ilani Street (CN-10), which includes Manono Mini Mart and Freddy's Restaurant. 11. Flood Zone: The property is classified as Zone "X", (Area of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system. The property is located within the Tsunami Evacuation Zone. 12. Flora/Fauna Resources: The property has been in residential use from approximately 1914 (when the existing structure was built) until 2007 when the'commercial use was established utilizing the existing structure. Vegetation consists of a lawn and introduced . landscaping plants and trees. According to the applicant, there are no endangered or threatened species of plant or animal situated on the property as the surrounding area has been improved with residences and commercial uses for decades. 13. Archaeological/Historical Resources: There are no known historic sites on the property as listed on the State or National Register of Historic Places. The Department of Land and Natural Resources (DLNR) State Historic Preservation Division (SHPD) issued a "no- effect" letter dated February 23, 2006 (COR-06-011489) stating that SHPD believes that -2- 1 "no historic properties will be affected by this undertaking because: 1) residential development/urbanization has altered the land, and 2)there are no archaeological concerns as residential development has altered the land and intensive agricultural use preceded establishment of the house lots. Existing residence is over 50 years old and as such, it is a historic property. However, no alterations are planned that would alter the integrity of the structure. (Planning Department Exhibit 2—SHPD letter dated February 23, 2006) 14. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural,historical or native resources in the area. 15. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 16. Access: Access to the project site will be from Manono Street, which is a County owned and maintained roadway with 22 feet of pavement within an existing 50-foot wide right- of-way fronting the subject property. The City of Hilo roadway map identifies Manono Street as a major collector road with a minimum required right-of-way width of 60 feet. 17. Water: County water is available to the subject site. 18. Wastewater: The subject parcel is served by the County sewer system. 19. Drainage: The Department of Public Works (DPW) recommends that if the permeable condition of the land should change with the layout of a new structure, a drainage study shall be prepared and the recommended drainage system shall be constructed to meet the approval of the DPW. The drainage study and improvements must be completed prior to the construction of any proposed structures. All development-related runoff shall be disposed of on site and not directed toward any adjacent properties. 20. Solid Waste: Solid waste will be taken to the nearby County Landfill in Hilo by a private hauling service. 21. Essential Utilities and Services: Police, Fire and medical services are available in Hilo. All other essential utilities are available to the property. AGENCIES' COMMENTS 22. Police Department: (Planning Department Exhibit 3 -November 8,2018 Memo) 23. Fire Department: (Panning Department Exhibit 4 -November 7, 2018 Memo) -3- 24. Department of Public Works: (Planning Department Exhibit 5 — November 30, 2018 Memo) 25. Department of Water Supply: (Planning Department Exhibit 6 — November 27, 2018 Memo) 26. Department of Environmental Management: (Planning Department Exhibit 7 — November 27, 2018 Memo) 27. Department of Land and Natural Resources (DLNR)- Land Division, Engineering Division, and Division of Forestry and Wildlife: (Planning Department Exhibit 8 — December 4, 2018 Letter) APPLICANT'S SUBMITTALS 28. The applicant has submitted a response letter to agency comments. (Planning Department Exhibit 9—January 25, 2019 Letter) PUBLIC COMMENTS 29. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -4- SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 •Planning.Variance•Zoning Ans71161ms' Telephone:(808)969-1522=Fax:(808)969-7996 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports October 17, 2018 Mr. Michael Yee,Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo,HI 96720 Dear Mr. Yee: Subject: Time Extension Request—Makalika 521,LLC REZ 06-000032, Ord.No.06 107 Waiakea,South Hilo,1,Tl o 2-2-034:012 The rezoning of the subject property, consisting of 20,000 square feet,into the Commercial-Neighborhood(CN-20) district(Ord.No. 06 107)became effective on July 17,2006. (Exhibit A-Ordinance) The request was to allow the conversion of an existing single-family residence into a retail fabric and related gift shop called Kilauea Kreations,which continues to operate at the site. Condition E required`full improvements to the entire frontage along Manono Street consisting of but not limited to,pavement widening with concrete curb, gutter and sidewalk drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works."Further,the improvements were required to be completed within five (5)years from the effective date of this ordinance."The deadline was July-17,2006,which was then extended administratively by the Planning Director on September 5,2012 to July 17,2016. Notwithstanding the conversion and while some progress has been made to • address this requirement,the required off-site improvements has still not been completed. The subject property was sold to Makalika 521,LLC ("Applicant")in 2017,who intends to fulfill this obligation. Further, whether for itself or possible successors in interest,the Applicant would like to have the flexibility of constructing a new building instead of possibly being limited to using only the existing renovated structure as may be suggested by Condition B, which reads, in part "Conversion of the existing dwelling shall be completed within five (5)years from the effective date of this ordinance." As such and through this office,the Applicant is requesting a time extension amendment of the subject ordinance to allow completion of the required off-site infrastructure as well as to make clear that a new structure could be constructed on the site. (Exhibit B—Letter of Authorization) Planning Dei°. Exhibit Mr.Michael Yee,Director October 17,2018 Page 2 The reasons for these requests and other associated information are outlined below. I. NATURE OF REQUESTS The Applicant purchased the subject site in 2017 with the goal of constructing a small commercial office/retail complex. Due to varying circumstances, including financing,the project never got off the ground within the allotted period. The Applicant has been in discussions with a possible joint venture partner or one who may independently develop the entire project. Thus,the Applicant, directly or indirectly, is now in a better position to start and complete the project today in accordance in accordance with the requirements or conditions of the current zoning. However,because the required off-site improvements (Condition E)have not been timely completed,the status of the CN-20 zoning becomes somewhat questionable,making conventional financing a bit more challen6 ing. Further,because Condition B referenced only the conversion of the existing dwelling,there may be some question as to whether a new structure would be allowed. As such,the Applicant is requesting: 1. A five (5)year time extension from the effective date of this amendment to complete the required off-site infrastructure improvements as called for in Condition E,with the possibility of an administrative extension, similar to conditions required of other projects of this nature; and 2. Clarification that commercial uses can occur within the existing converted dwelling or a new commercial structure. II. PROJECT LOCATION The subject parcel consists of 20,000 sgnare feet. It is located in the Waiakea Houselots area of the City of Hilo. More specifically, it is situated on the west side of Manono Street,midway between Kekuanaoa Street and Hualani Street. (Exhibit C— Location Map) III. PROPOSED DEVELOPMENT The original applicants (Rory and Kathy Tripp)planned to convert an existing 1,246 square foot single family dwelling into a retail establishment called Kilauea Mr. Michael Yee, Director October 17,2018 Page 3 Kreations. The plan called for the installation of six(6)parking stalls and one(1)van accessible stall. Improvements were made to the structure. According to the then applicants' progress report, dated August 4, 2011 (Exhibit D—Annual Report), the following salient items were done: 1)paving of the parking area; 2)installation of the required landscaping; 3) submittal of the Solid Waste Management Plan and Emergency Response Plan; and 4) subdivision of the 5-foot wide road frontage. They requested and received an extension to July 2016 to complete the required off-site infrastructure (Conditions E and F). When the property was purchased in 2017 by the Applicant,its plan was to construct a new building rather than utilize the converted dwelling. That plan—as well as a possible successor—still remains. Notwithstanding the possible limitation of commercial uses being restricted to the existing dwelling,the need to timely address the off-site improvements was of greater concern. The Applicant thus had the construction plans prepared,but its governmental review and approval process took time,resulting in the plans being finally approved on September 14, 2018. (Exhibit E—Construction Plan Signed Title Sheet) While the Applicant is prepared to make the improvements immediately, it would not be reasonable or prudent for the Applicant to make them,knowing that there remains a cloud on the entitlement. And that is the basis for this request. IV. REZONING CONDITIONS As noted earlier,the subject area was initially rezoned(Ordinance No. 06 107) into the CN-20 district on July 17,2006, subject to a number of conditions. (Exhibit A) The pertinent conditions and their status follow: A. The applicant, its successors or assigns, shall be responsible for complying with all of the stated conditions of approval. The property is owned by Makalika 521, LLC. As such, it and/or its successors or assigns intend to assume the responsibility-of complying with all pertinent conditions and any amendments thereto of this rezoning ordinance. B. Conversion of the existing dwelling shall be completed within five (5)years from the effective date of this amendment. Prior to the construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures,paved driveway access and Mr.Michael Yee,Director October 17, 2018 Page 4 parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements.) As noted earlier,the conversion was done, and the use (Kilauea Kreations)has been in operation since 2007. While the off-site improvements were not done, other requirements such as Plan Approval and paved parking were fulfilled. C. Access to Manono Street shall be limited to a single location. All driveway connections to Manono Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. This has been addressed. There is only one driveway connection. As noted in Exhibit E,the off-site improvements reflect the improved driveway at a location acceptable to the Department of Public Works. Please note the driveway reflected in the approved construction plans may be relocated, subject to the approval of revised construction plans by the DPW. D. A 5-foot wide future road-widening strip along Manono Street shall be delineated on the plans submitted for Plan Approval review. The 5-foot future road widening section and roadway improvements along Manono Street shall be subdivided and dedicated to the County of Hawaii within five (5)years from the effective date of this ordinance. The 5-foot wide strip was subdivided and granted approval by the Planning Director in a letter, dated April 23, 2007. However, its dedication will occur in conjunction with the completion and dedication of infrastructure improvements outlined in Condition E. E. The applicant shall provide full improvements to the entire frontage along Manono Street consisting of but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. Improvements shall be located within the future road-widening setback as established by the Planning Department and be completed within five (5)years from the effective date of this ordinance. This requirement has not been fulfilled and is thus, one of the objectives of this request. As noted earlier,the required construction plans have been recently approved by the County, and the applicant and/or its successors have Mr.Michael Yee, Director October 17, 2018 Page 5 every intention to complete these improvements, subject to the outcome of this time extension request. F. The applicant shall also install street lights and traffic controls 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 Manono Street shall be completed prior to a Certificate of Occupancy. The required improvements are reflected in the approved off-site construction plans (Exhibit E). They will be implemented within the extended period and in conjunction with the other off-site improvements, such as the sidewalk. G. All development-generated runoff shall be disposed of onsite and shall not be directed toward any adjacent properties. 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. This was done for the conversion of the existing structure. In the event—and very likely—a new structure is proposed for the site, Plan Approval will be required. At that time,a Site Drainage Plan approved by the Department of Public Works needs to accompany the submittal. Any required drainage improvements will be done in conjunction with construction of the new structure. H. 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. This was done and approved by the Department of Environmental Management in 2007. If a revised one is needed to accommodate a new structure, one can be done. I. This relates to the fair share requirement for any residential use that exceeds two (2) units. While the CN-20 zoning would allow residential uses,the Applicant has no such plans. In the unlikely event residential uses are proposed,then,the Mr.Michael Yee, Director October 17, 2018 Page 6 appropriate and Consnrner Price Index adjusted fair share payment will be paid prior to issuance of Final Plan Approval. J. Should the Council adopt a Unified Impact Fee Ordinance...conditions included herein shall be credit towards the requirements of the Unified Impact Fees Ordinance. This is not applicable, inasmuch as such an ordinance has not been passed as of this date. K. On the matter of affordable housing, the applicant will comply in the unlikely event residential units are constructed and Chapter 11 of the County Code relating to Affordable Housing becomes applicable. L. An Emergency Response Plan shall be submitted to the Hawaii County Civil Defense Agency for review and approval prior to the issuance of a Certificate of Occupancy. According to the initial applicant's progress report(Exhibit D),this was done in 2007. M. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. ,This has and will continue to be complied with by the Applicant and/or its successors or assigns. N. The last annual or progress report was filed by the former applicant (Exhibit D). The current applicant requests that this extension request and update be considered, albeit belated,the progress report from 2011 to the present. O. This relates to a time extension,wherein the Planning Director may issue the initial extension. In this case,this was done in a letter, dated September 5, 2012,to July 2016. (Exhibit F—Time Extension). As noted earlier, an initial time extension was granted. Pursuant to this condition,the Applicant is requesting retroactive extension from July 2016 plus five(5)years to address the requirements of Conditions D (dedication of 'the right-of-way),E(completion of the off-site improvements), and F (completion of any off-site street lights and traffic controls). Mr.Michael Yee,Director October 17, 2018 Page 7 Aside from aforementioned time extensions,the Applicant is requesting an amendment to Condition B to make clear that a new structure may be constructed on the site. It is also understood that some of the other conditions may need to be updated and new ones attached to reflect prevailing policies and/or ordinance. IV. JUSTIFICATION OF REOUEST Condition 0 of the rezoning ordinance(Ordinance No. 06 107) outlined three (3) circumstances under which the Planning Director could consider an initial 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 Windward 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. Subsequent to the Applicant purchasing of the subject, several factors affected their ability to develop the property within the prescribed time. As noted earlier,the Applicant acquired the property in 2017. It had every intention of developing it, as evidenced by their proceeding to address and complete the delinquent off-site infrastructure requirement. The Applicant believed that it could have completed the project in late July 2016 or early 2017 or, if an extension were needed,just a few months or less than a year after the deadline. However, getting the required construction plans prepared and finally approved took longer than anticipated. As noted earlier,the construction plans were only recently approved(September 2018),nearly two years after the deadline. Because of the construction plan approval delay plus the ambiguity of being able to construct a new building,the Applicant elected to defer the development of any building plans until these (time extension and clarity on the ability to construct a new building)issues were addressed. If the amendments are approved,the Applicant and/or its successors would be in a better position to secure the required financing to construct a new building on the site. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. Mr.Michael Yee,Director October 17, 2018 Page 8 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 Medium 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 CN-20. There are a number of commercially-zoned and related uses proximate to the subject site along both sides of Manono Street. These include a commercial complex directly across of the subject site(TMK: 2-2-034: 085); a retail/office on the south side of the property(TMK: 2-2-034: 013); a food manufacturing operation across of the site (TMK: 2-2-034:083); and a fishing and sports supply store on the corner of Manono and Hualani Street(TMK: 2- 2-034: 088) Thus,retention of the CN-20 zoning would serve the area as well as complement the various urban-type of uses already established in this area_ Concurrently,Jit would be consistent with the following pertinent provisions of the General Plan Policies: 1. Economic Element Goals • 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. Mr. Michael Yee, Director October 17, 2018 Page 9 Policies a 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. ® The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. ® 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 retail/office building to establish itself in an area that is already serviced by a good transportation system. Relatedly, all required infrastructure is there or, if not and/or 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 types of use(office and possibly some small retail) 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. 2e Land Use Element(Commercial) Goals Provide for commercial developments that maximize convenience to its users. a Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Mr.Michael Yee,Director October 17,2018 Page 10 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. ' e 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. 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. e 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/retail space. However,not all office/retail 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. Mr. Michael Yee,Director October 17,2018 Page 11 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 and sewer Lines are 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/retail use is not noxious,potential pollution concerns would be minimal, if at all. Being used as a residence in the past and a converted retail operation now, 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. Because of the proposed scale and type of use,the request would be - ironically--generally compatible with some residential uses to its north and east,yet being compatible with the commercial uses bordering its property to the south and across the street to its east. 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 north of the subject site. Finally,the standards for an office/retail building will be fulfilled. These include the acreage, setbacks,uses,parking, etc. C. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The reasons for approving the rezoning of this site were articulated in the Planning Commission's recommendation to the County Council(Exhibit G). The reasons,in summary, and their relationship to the present,included: e Consistency with the County General Plan LUPAG map and Goals and Policies. e Furtherance of the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the 1 Mr.Michael Yee,Director October 17,2018 Page 12 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 in this area. e 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 • issues, such as archaeological, drainage, Site not havingany resource �- � b The site continues to be used residentially.avifauna). botanical, or The zoned area is designated"X" on the flood maps. 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 CN-20 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 Tnstitute 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 4,000 square foot office building,the projected movements would be 5.96 or less than six (6) movements. Thus, the projected use does not reach the TIAR"threshold". Notwithstanding not reaching the TIAR"threshold", of these projected maximum six (6)AM/PM movements, it is assumed that at least 50% or three (3)movements would be left turn movements into the project site from Manono Street. Given the projected low volume,the movements into the project site should not significantly impede traffic along Manono Street. County water for the project is still available.from either an 8-inch line fronting Manono Street. The 8-inch line should be sufficient to address fire flow requirements. Mr. Michael Yee,Director October 17,2018 Page 13 The County sewer line also fronts the property. Further,there is a civil defense siren less than five hundred (500)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 suggests the following language for your Consideration (bracketed items to be deleted and underscored items to be added): A. Amending Condition B to read as follows: [Conversion of the existing dwelling shall be completed within five (5)years from the effective date of this amendment] 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 the construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall idents all existing and/or proposed structures,paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements.) B. Amending Condition E to read as follows: The applicant shall provide full improvements to the entire frontage along Manono Street consisting of but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. Improvements shall be located within the future road-widening setback as established by the.Planning Department and be completed[within five (5)years from the effective date of this ordinance]prior to the issuance of a certificate of occupancy for any commercial use upon the subject property. C. Amending Condition 0 to read as follows: "An initial time extension from the effective date of this amendment.for the Mr.Michael Yee,Director October 17,2018 Page 14 performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: .... ." 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. Should you have questions on this matter,please feel free to direct them to me. Thank you very much. 7e)c\AL SIDNEY M.FUKE Planning Consultant Enclosures Copy—Makalika 521,LLC w/ enclosures COUNTY OF A I'I ti 1 *«_ .J STATE OF HAWAPI BILL NO. 281 ORDINANCE NO 06 107 AN ORDNANCE AMENDING SECTION 25-8-33 (CITY Y OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWA!`I COUNTY CODE 1983 (2005 EDITION),BY CHANGING THE DISTRICT CLASSL'ICATION FROM SINGLE FAMILY RESIDENTIAL(RS-10)TO NEIGHBORHOOD COMMERCLAL(CN-20) AT WALAKEA, SOUTH HILO, HA WAI`I, COVERED BY TAX MAP KEY 2-2-034:012. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: 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, Hawai'i, shall be Neighborhood Commercial (CN-20): Beginning at a galvanized iron spike and ahu at the Northeast corner of this lot and the Southeast corner of Lot 6, and on the West side of Manono Avenue,the coordinates of said point of beginning referred to Government Survey Trig. Station "Dalai",being 1263.0 feet South and 9091.0 feet East, as shown on Government Survey Registered Map No. 2566, and running by true azimuths: 1. 360° 00' 100.0 feet along the West side of Manono Avenue to a galvanized iron spike and ahu; 2. 90° 00' 200.0 feet along Lot 10 to a galvanized iron spike and ahu; 3. 180° 00' 100.0 feet along Lot 7 to a galvanized iron spike and ahu; 4. 270° 00' 200.0 feet along Lot 6 to the point of beginning and containing an area of 20,000 Square Feet. EXHIBIT A 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,Hawai`i County Code 1983 (2005 Edition),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safetyand welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use,or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant,its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Conversion of the existing dwelling 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 development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing andlor proposed structures,paved driveway access and parking stalls associated with the proposed 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)_ • C. Access to Manono Street shall be limited to a single location. All driveway connections to Manono Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. D. A 5-foot wide future road-widening strip along Manono Street shall be delineated on the plans submitted for Plan Approval review. The 5-foot future road widening section and roadway improvements along Manono Street shall be subdivided and dedicated to the County of Hawaii within five(5)years from the effective date of this ordinance. E. The applicant shall provide full improvements to the entire frontage along Manono Street consisting of,but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation,meeting with the approval of the Department of Public Works. improvements shall be located within the future road-widening setback as established by the Planning Department and be completed within five(5)years from the effective date of this ordinance. F. The applicant shall also install street lights and traffic controls 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 Manono Street shall be completed prior to a Certificate of Occupancy. O. 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 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 -3- required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. H. 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. I. If the applicant, successors,or assigns develop residential units on the subject property in excess of the two(2)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($9,991.20 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition- - The fair share contribution per multiple family residential unit(single family residential unit)shall be allocated as follows: 1. S3,162.49 per multiple family residential unit($4,817.93 per single family residential unit)to the County to support park and recreational improvements and facilities; -4- 2_ $99.95 per multiple family residential unit($232.42 per single family residential unit)to the County to support police facilities; 3. $307.46 per multiple family residential unit($459.06 per single family residential unit)to the County to support fire facilities; 4. $137.04 per multiple family residential unit($200.98 per single family residential unit)to the County to support solid waste facilities; and 5. $2,704.31 per multiple family residential unit($4,280.82 per single family residential unit)to the County to support road and traffic improvements. Ln 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. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Lmpact Fees Ordinance. K. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This -5- requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval. L. An Emergency Response Plan shall be submitted to the Hawaii County Civil Defense Agency for review and approval prior to the issuance of a Certificate of Occupancy. M. The applicant shall comply with all applicable County,State and Federal laws, rules,regulations and requirements N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include,but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2_ Granting of the time extension would not be contrary, to the General Plan or Zoning Code. -6- 3. Granting of the time extension would not be contrary to the original reasons for the gra-nti-rtg of the change of zone. A. 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. P. Should any of the conditions not be met or substantially complied with in a timely fashion,the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED .;Y: COUNCIL 1 t ER, COUNTY OFA:AW• 'I Wi c, ,Hawai`i Date of introduction: June 21, 2006 Date of 1st Reading: June 21, 2006 Date of 2nd Reading: July 7 , 2006 Effective Date_ July 17, 2006 S FERE-NCE: Comm. 883 -7- N 75 I V--75 ` OPEN I CG-7.5 FIILO!ST %V,.:---- 4,,:142/•--,F. dG-7." CGI7.5 Cf G .— I I 1 _ S aI — -- – - I ; I - g. i a• j 4'-.75 I i CC-7.5 D CG'7.5 C 7.5 OPEN CGIT.S - - - o f RS;10 • RS; OFFICE OF THE COUNTY CLERK County of Hawai`i Hi_bo, Hawaii Introduced By: K. Angel Pilago, ROLL CALL VOTE Date Introduced: June 21, 2006 1 AYEECt6 ES1. 1 (1X June 21 2006 Arakaki X First Reading: _, I ,,,�, � X -, Published: June 3'�, 2006 ' PIi6a , f-.; ; _ ._ HoI0tlann X 1 I ~ REMARKS.' Holschuh ( X 1 I Ikeda X i Isbell X Jacobson X I Pilago X 1 Safarik X 9 1 0 I 0 0 Second Reading: Ju i y 7, 2006 To Mayor: Jul 11, 2006 Returned: July 17, 2006 ROLL CALL VOTE AYES NOES ABS EX Effective: July 17, 2006 Published: July 21, 2006 Arakaki X Higa l X Hoffmann X REMARKS: Ho!schuh Sr Ikeda X Isbell X Jacobson X Pilago X Safarik X I 8 0 ` 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FO'. AND LEGALITY: = %' 46 COUNCIL AIRMAN e OU- TY OF HAWAII CORPORA ON C UNSEL , .-r101-7401' 1121/-: ii/). COUNTY CLERK Date JUL 1 4 2006 281 Bill No.: 4,,, C-883/PC-87 pprvve •Disapproves this # day Reference: Ord No.: 107 c�j' J1'1t4 �1 0 e AYOR, C di OF '_AW 4I'I TO WHOM IT MAY CONCERN: Please be informed that as landowner property identified d by T 1 2-2-034: iJfi a , ,��rt; iL. r� .�-�• F=r.l{: :1_, we have no objections to and consent to the request to amend Ordinance 06 107 by extending the construction timetable and related amendments,as.represented by our planning consultant, Sidney M. Fuke. MAKALIKA 551, LLC 680 Manone Street Hilo,Hawari 96720 ---r `Ol_sli/tiEMiJRA, MANAGING MEMBER (Date) 7/.: . 7,//ee DON HOOTA.,MANAGING MEMBER (Date) • EXHIBIT B N A • l I ti-.75 I 1 �;•-75• l r OFEN CG-7.5 • \'-` �j- F i f i c!s z CG-7.'o CG-7.= S s { T 1 ___-1 • • v=.70 I i cc-7. z 'r CG-i7.5 C°Fk i I o -I RS;10 N340 .RS40 n Rar10 —� (24_7,5 RS-10 I I • _--pi-1/pii1 \_..."----, F— RS'-1G I rcli-10 . ( R3-iC R.5-;0 V-.7a • '1 Vs ISN!ST , , Ln' f 1 RS 1G t I t I ROO I 4$ .0 R q'.9 u �llfr-E F. (= 'RES(DENT(A>_OS-10) 1 -`-1 253.1 0 ; —I '• TO NEIL. BOdOOC COMMERC(.'--`L.(CN-20; I I r..+ iu; a 1 £— D , _,,pry SQ.h. � „, .. C I 1 RSii0 i CG7.5 1.75 y R -. iI 1.?� -- C ?0 RS-10 I CG20 • r 1 11 cal J 3. 7 �J CG-7S RS•10 CN-20 I — *r"3--- C3-26 I '....4 10 I ( RS;iO G I Cc?.5 C -75 ' - '-1PG . cU4NA ST1 ( i ' ; R5 1 RS- . S. I i Lam• j ' R..s3.75 1 1 RD-?.75 I RS i0 r RS 10 - # I 4y-10 I RS-10 I CN-10 RD-S.f' 0. m, _0 fd±-2G -- 1-- r . r I r2S 10 -\,...t.x. ..: „..----\\ .:, . \ i \ ---1 L . .._, rc......_1 - M1,20 IN .D3.75 I I I j— T— h 473.75 4}3.75 tl kS 13 { 4S't0 I �!' � 1RS-17 I ?S-10 f I 14s 1r - ! -( 1 , I I , I i � i t , I � I I 90 240 480 960 1440 1.920 2,400 Feet AMENDMENT 1 I, THE ZONING AMENDING SECTION 25-8-33 (CITY OF I-IILO 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 NEIGHBORHOOD COMMERCIAL (CN-20) AT rAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII 1K:2-2-034:012 Date:Februa 9,2'+: EXHIBIT "A,' (Kathy Tripp:1135) EXHIBIT C , Rory&Kathy Tripe F"."- 7 '�;dT P.O.Box 959 rt `' - :� Volcano,HI 96785 ° r ,`7 • 808-960-1710 � �? s€}^ _ est t`t: 47 Li::t u Aug 4,2011 County of Hawaii Planning Department Aupuni Center 101 Pauahi Street Suite 3 Hilo,HI 96720 To Whom It May Concern: Progress Report on Ordinance No. 06-107 Enclosed please find a copy our final plan approval dated Jan 12 2007. Below is an update on the conditions that are part of the final plan approval Page 2. Please consider this our Annual Progress Report. 1. Parking lot has been paved and striped with appropriate signage. 2. Landscape has been installed 3. This condition is pending. 5. Same condition as#2. Plants have been installed 6. Screening hedge exists 7. A solid waste management plan was submitted to the depart of Environment Management in 2007. 8.An emergency,response plan Was submitted for approval with the Civil Defense Agency in 2007. 4. Comply with ordinance 06-107 C. Only one driveway D. Completed April 23,2007 Sub 07-000541 E. same as condition 3,pending F. pending G. Done,drywalls installed. H. Sameas7 I. Not applicable LSameas8 i O. We request an extension to complete condition 3 (also e) and F. Th -you or your time an, onsideration in this matter. /�I��'i �„, 073338 thy KTripp ' EXHIBIT D t Harry Kim Christopher J.Yuen Mayor Director Brad Kurokawa, ASLA.L�v*''AP_f Deputy Director C*unty _t Hawaii PLANNING DEPARTMENT Aupuni Center 0 101 Pauahi Street,Suite 3 0 Hilo,Hawaii 96720 Phone(808)961-8288 0 Fax(808)961-8742 January 12, 2007 Rory and Kathy Tripp P.O. Box 959 Volcano, HI 96785 Dear Mr. & Mrs. Tripp: FINAL PLAN APPROVAL (PLA-07-000192) Applicant: Rory and Kathy Tripp Proposed Development: Conversion of Single family dwelling into Retail Establishment TMK: 2-2-034: 012: Waiakea Houselots. South Hilo, Hawaii We have reviewed and approved the plan for the FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL dated January 12,2007, for your file. Please accept our apologies for the delay in preparing this approval. Conditions of approval have been included as part of the FINAL PLAN APPROVAL for the subject improvements. These conditions, which are listed on page 2 of the FINAL PLAN APPROVAL docu-nen_t,must be complied with prior to the issuance of a certificate of occupancy for the proposed project. Should you have any questions, please feel welcome to contact Daryn Arai of our office at 961-8288. Sincerely, I��IST _HER J. YUEN Planning Director DSA: O:\Plan Approvals\2\PLA-07-000192TripKathy2-2-34-12Letter.doc Enclosure: PLA-07-000192 Hawai'i County is an Equal Opportunity Provider and Employer '` o . Y Final Plan Approval PLA-07-000192 TMK: 2-2-034:0I2 January 11,2007 Page 2 of 2 Conditions: 1• Approved parking to be paved. striped, and appropriate signage installed prior to issuance of the Certificate of Occupancy. 2. A..roved landsca.in_ to be installed and maintained prior to issuance of the Certificate of Occupancy. 3. Applicant to provide full improvements to the entire frontage along Manono Street consisting of,but not limited to,pavement widening with concrete gutter and sidewalk, drainage improvements and any required utility relocation as approved by the Department of Public Works. Also required is the installation of street lights and traffic controls as required by the Department of Public Works. All improvements shall be completed prior to the issuance of a certificate of occupancy. 4. Comply with the requirements of Change of Zone Ordinance No. 06-107. 5. Pursuant to Section 25-5-107 of the Zoning Code, provide a minimum 10 foot wide landscaped strip along the entire Manono Street frontage, exclusive of driveway opening,to be planted with a minimum of one (1) tree and 10 shrubs per 35 linear feet of frontage. excluding driveway openings. Where the plantings required would result in an inappropriate or impractical design due to underground utilities, overhead wires. or other factors, 5 shrubs may be substituted for 1 tree. 6_ Provide a landscaped with a screening hedge not less than forty-two inches in height,within five(5) feet of the northern side and rear property lines. 7. Submit a solid waste management plan for the review and approval of the Department of Environmental Management prior to the issuance of a certificate of occupancy. 8. Submit an emergency response plan for the review and approval of the Civil Defense Agency prior to the issuance of a certificate of occupancy. 9. Applicant shall comply with all other applicable laws,rules,_regulations and requirements of Hawai'i County. ' s .,,_<____C:6E:a. , Planning Director Date January 12, 2007 PD 11/99 (Ms Word) o:\Plan Approvals\2\PLA-07-000192TripKathy2-2-34-12Forn.doc I r` a J COUNTY OF HAWAII PLANNING DEPARTMENT FINAL PLAN APPROVAL PLA-07-000192 APPLICANT: DATE APPROVED: Catherine Tripp January 12,2007 LOCATION: TAX MAP KEY: Waiakea Houselots,South Hilo 2-2-034: 012 PARCEL AREA: ZONE: 20,000 square feet CN-20 PROPOSED USE: Conversion of existing 1-story single family dwelling into an 1,246 s.f retail establishment As Shown on Plan Comments Front Yard(Manono Street): 80±feet OK, 15'-0" Minimum required Rear Yard(west): 80± feet OK, 15'-0"Minimum required Side Yard(north): 20±feet OK, 10'-0" Minimum required Side Yard(south): 30± feet OK, 10'-0"Minimum required Ht. of Structure: 20± feet OK, 40'-0"Maximum allowed Access to parking: proposed access driveway from OK, Must comply with the requirements of the Manono Street Department of Public Works. Off-Street Parking: 6 stall paved parking area OK, 1,428 s.f. /300=4.76 5 standard parking stalls TOTAL REQUi ED= 5 stalls 1 van accessible stall 1 van accessible Loadin• and Unloading Space: none proposed OK, loading area not required Density: N/A Fencing and Walls: none shown on plans Material: Height: Location: Landscaping: existing foliage to remain along all OK, Complies with h Rule No. 17 of the Planning property boundaries. Department's Rules of Practice and Procedure. See Condition No. 5 on Page 2 Others: Tax Clearance OK, Per letter of tax clearance from RPT dated January 12, 2006 Hawaii County is an equal opportunity provider and employer • °"yam, ` � i .3 #...',✓' fid 4'*: E,.. t• .i.. off. O © In ©H© 2W H E I Rl- ' ENGINEERING PARTNERS OD(�J❑ CD-2 �❑ On '' OW tWC.IlTna0.msl. D L/=�/ 55 umwfl olo SI • LM5.(1198)033.79W 50O M I GU ft-MLR,(ry`]U42SL�_(/IaNID'(J�JOr�11-1/;]�(^�/IWI•/la/\1] Glb.,\ /[1[1 ".911, • Lll LI\ILi LI`\( Q0)) 9.29,©9.34 gin (�,Y,. 'c DRAWING INDEX \\p'rg° ClOG.NO DESCRIPTION nn._11811 r I I11LE,0111X'1111 OIOC11,ISINIO VN',WON•IT IJN'S,NN I'lDl 1'WI < , �‘ Il!M'(3)7-7-0X:1111 2 G[IIENJ CII 1110115 -.-- n ro. n /( P A C I I C 3 GOIEIUL CML 10195 -- —,_ - - QILyA ,'�%�C 0 C C A N / 4NIIMI OW]OILS t v IlLtll�. PROJECT r, rlunuiG nE 1IAI _... -_. __. /" �•`LOCATION 7 CM.u0ils -- e''.- ,,/,-__ I / nm 7 • �L a / (/'''� ,,, U Cm1 1111/ \2 , fL.V.-I91./ 9 CIVIL OflAlS �` Ila I.. . O 1 to UAL 0[1700 i 0 C p_r l� 77o'orou'-...19,Da'ri • un \--_, -- 11 _._.IRNIIC COHIIIOL -_- - 4.1 414 o' il ,// - OWNER: (� },uJ .<% Q` C' _ WAWA 517,LTC .fe[-_' f�'� J �` ;, e .. S�i'.._.. ..--- ...Lu 400 o»Imm SIUua,iu;o.W 9488 ip-'El l\ O C C I f I C -. - ?r ...I (2 6 Ri / 0 C E A tJ I Inv 0 i' I , .. -�- ,/ 111:1144 5�1 I]( • ENGINEERING CONSULTANT ,)j '^•""tet.'' ITV_19901 �','�'I • 110111 51111011110,Cr/I. - , • 1. `ISI �:-.. I- -�''/ ' ''<d. . `IGAIL[f111111'N1111[I15,BIC I'1+[ BIG ISLAND MAP(ISLAND OF HAWAII) 1V =d PO v]-7900 l-' 25 iff,: 200402 X91 10 Y.At L.".L[krkiti:73. i.7 -17 I7�_ - 155 E.INIIICAl1IA 51.,11.10,1408101 917711 11 _n. 1, Q4o- - •-- U N - 90D'J'OD -'195.00' 1110 7: ' ` SPK.1110. Ii •' N11A.8 0 57 ii N--- • �l[V__199.11 1, 'i ?1, APPROVALS: o i]a ,� (Y�l / / lA •.:1'0011!A j^ I C r i a`.. I ]l'l'L___ 1, �L..._//L.L�q- 7 yin fit r, R s' -�\ — I,i 19911011111 8818 , 3 a '111!YAR17.11!Nl'U['I'UIILIC WORKS 1_11 X5 (7 IIIN:(])]-7-UJ1:010 1 COUNTY OIIIAWAII • 'L• •j� ti � O O N 0H A< 1 G _ ,1 0 (5 rI E O NLMII ST WWI SI_ _-- - L, L T• C81AN/40111(-(31111 101012491111 IlAl11 'p 1 111(151101.111NT OP IVAl1Ibs111•PI.Y (JK) O 0 CUUII FY UPIIAIVAII al 2 O r x II ui '• > % ....._- T 1 DWI 9F GM.B1 'LANIY.AULA 5T- " Lisa` -5 ,� _ -------- ----" -- _ ._._.____.—_—____ !Lai TC.. [leulo 8I: 89b Of. Oil r' 'OAT:In 9110. UM ICLC WAY C^, C NA1111J SI- ' 111.9.,:191.220 UI01!CTOII IInPi.OPf:N VIFUNMI!M'A I.AtANAUlihil!NI' DAME u 000 110. WT PLOT PLAN 100401100011AIVA?I 6097-17-01 N L NAM,1 - 7 DWG.Ni?. NYb I IIALCNAUILA ST q/C 1 -20' s-\ T-0111 L^ SIIEF.r-0. 01 I VICINITY MAP h19 Is a 99.90 ICI N 90712 114, Mitt;am P.Koi , "° '` B3;eithead Todd Mayor Director r +f a Margaret K.Masunaga Deputy West Nawai`i OfficeEast Hawai`i Office 74-5044 Ane Kecinkaloie Hwy _ ;111,® 101 Hilo,Hawaii 96720 Street Suite 3 Kaitua-Kowa,Hawaii`i 46740 County `• Y'''" Phone ( 808Phone(808)323-4770 PLA t NG DEPARTMENT Fax 808)961-8961-8742 Fax(808)327-3563 September 5,2012 Mr. &Mrs.Rory&Kathy Tripp P.O. Box 959 Volcano,HI 96785 Dear Mr.&Mrs. Tripp: Annual Progress Report(APR)(August 4,2011) for Performance Conditions of Rezoning Ord. No. 06-107 &Request for Time Extension Rezoned for Commercial Neighborhood(CN-20) TMK: 2-2-34:12 (REZ 06-000032) The Planning Department received APR(2011)and we apologize for not replying in a timely manner to the submitted report. Thank you for submitting this report on the status to perform the conditions of the above-referenced rezoning ordinance for Parcel 12. For 2011,the APR satisfies the reporting requirements of Rezoning Condition N. The next APR is due before July 17,2013. Approved-5-year Time Extension: from effectave date+5-year time to perform July 17,2006 until July 17,2011 t;a.5-ye` iit0 'e a [oB' '17,2016. Pursuant to rezoning Condition 0,the Planning Director approves the request for an extension of time to complete the performance conditions(E&F)of the rezoning ordinance and Final Plan Approval (#3)(PLA-07-000092 [1/12/07]). Please Note: Rezoning Condition 0 authorizes the Planning Director's discretion to consider a one-time,only,administrative time extension. Should Li d an additonal time extension be needed beyond July17.2016 that will require repeating peatang the public notice and public hearing procedures before the flawai`i County Council, stipulated in Rezoning Condition S. On future correspondence: please use the following two references to identify the letter you are waiting: REZ 06-000032(or 06-032) and TMK: 2-2-34: 12. The REZ number shown_ is the rezoning file of Parcel 1.2. SCANNED By: � 52%2 www.coholanningdeat:ant Havxr"i Corasry is an Equal Opportunity Provider and inployer ofan.' _ac.h.• ia•= EXHIBIT F Mr. &Mrs.Rory&Kathy Tripp—REZ 06-000032 &APR(2011) Page 2 September 5,2012 Any questions pertaining to the matters reviewed above can be discussed with Earl Lucero of my staff. (Ph: 961-8160). Sincerely, /B7 LEITHEAD TODD Planning Director EML:smn P:\wpwin60\Earl\Letters\LREZ06-000032APR2011Tripp.doc Enclosure: Rez. Ord. No. 06-107 (REZ 06-000032) ■ RTripp-REZ06-032 jwd 03-08-06 COUNTY OF HAWS PLANNLNG DEPARTMENT RECOMMENDATION KATHY TRIPP CHANGE OF ZONE APPLICATION(REZ 06-0000321 Upon careful review of the request,the Planning Director recommends 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 tomodify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting the change of zone for 20,000 square feet of land from a Single Family Residential—10,000 square feet(RS-10)to a Neighborhood Commercial —20,000 square feet(CN-20)district to convert the existing single family dwelling for retail use for Kilauea Kreations,which is a Hawaiian quilt and gift shop, and convert the • rear portion of the property into an 8-stall paved parking area for employees and clients. 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 be also considered as they may have an impact on similar areas in the County,but ultimately, on the future development of the whole island. The proposed change of zone request from RS-10 to CN-20 would further 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 also increase choice of occupations. The proposed use would be consistent with the following goals,policies and standards of the Economic,Land Use and Commercial Elements of the General Plan. Economic Element: 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, EXHIBIT G L • S • f social and cultural environments of the island of Hawaii. • Strive for diversity and stability in its economic system. • Provide as 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 choice of occupation. ® Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. The applicant will be providing residents who live in this area of South Hilo with more opportunities for commercial services and employment. Land Use Element: • 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,region sl plans, State Land Use District,compatibility with adjacent • zoned uses, availability of public services and utilities, access and public need. Commercial Element: • Provide for commercial developments that maximize convenience to users. • Distribution of commercial areas shall 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 • infrastructure and design concerns'shall be incorporated into the review of such developments. -2- • , The proposed change of zone is located in an area designated in the General Plan to allow neighborhood commercial zoning and village commercial uses. The proposed change of zone compliments the projected commercial needs of residents within this vicinity of South Hilo. Additionally,within 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 form depicted for Hilo in that it would add commercial uses serving the surrounding area as well as the Hilo community. This area of the Waiakea Houselots is in transition from residential to commercial and industrial uses: The proposed rezoning action conforms to the LUPAG Map which designates the area for Medium °tensity Urban Development The Land Use Pattern Allocation Guide(LUPAG)Map component of the General Plan represents the document's goals,policies, standards and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the spatial relationships among various land uses and the expressed policy statements of the document itself. The LUPAG Map, in essence, establishes the basic land use pattern for areas within the County. This area is designated as Medium Density Urban,which may allow village and neighborhood commercial and single family and multiple family residential and related functions (multiply family residential—up to 35 units per acre). The proposed site would be suitable and allow for Neighborhood Commercial uses. The applicant is requesting the change of zone to allow commercial uses on the property. The rezoning reclassification would be a reasonable expansion of commercial activities associated with this designation and the existing commercial uses in the area. The property is situated within close proximity to commercial areas, employment centers and public safety services. There are several commercial and employment centers located within one or two miles from the subject property. These include the Waiaicea Center, the Prince Kuhio Mall,Nilo Shopping Center and businesses along E.Lanikaula Street,Kawili Street,Makaala Street,Holomua Street,Wiwoole Street,Manono Street and Piilani Street. • -3- • Public safety services within the area include the Hilo Central Fire Station located on Kinoole Street,the Police Headquarters located on Kapiolani Street,and the Hilo Medical Center located approximately 3 miles from the property. Surrounding properties are primarily zoned RS-10 with property directly across Manono Street zoned CN-20. Uses consist of vacant lots, existing single family dwellings and several businesses. The nearest dwelling is on the adjacent property to the north. Further north is a commercial area on the corner of Manono Street and Piilani Street,which includes Manono Mini Mart and Freddy's Restaurant. To the east across Manono Street is a vacant lot zoned CN-20 and the Atebara Potato Chip Factory. Further east across Hinano Street is Big Island Candies on property zoned CG-20. The owners of the adjacent property to the south have recently submitted a change of zone application from RS-10 to CN-20 to develop an approximately 7,200 square foot, single-story structure to be divided into several bays,which would be rented for office or retail use. Further south is the Cole Drafting Service and single-family dwellings. On the adjacent property to the west is a church. Further west across Mililani Street is the Waiakea Villas Complex on property zoned V-.75. Additionally,there have been several properties in the area that have been rezoned for commercial uses. The proposed change of zone would,therefore, complement the existing commercial land uses,be consistent with the transition from residential to commercial occurring in the immediate vicinity and provide for an orderly commercial development of the area. The property is located within an area adequately served with essential services and facilities such as water, sewer,transportation systems and other utilities.-The property is connected to County water and to the County's sewer system. The applicant will be required to prepare a Solid Waste Management Plan and submit it to the Department of Environmental Management for its review and approval. All other essential utilities and services are available to the property. As the request is a change from a Residential(RS-10) zoned district to a Commercial(CN-20)zoned district,various requirements are being imposed in order to bring the existing infrastructure up to commercial standards. A paved driveway and -4- ( I • . parking area shall be installed for the commercialuses. Further,to mitigate any potential noise and visual impacts to adjacent neighbors, a landscaping buffer shall be provided in accordance with the Planning Department's Rule 17 and Plan Approval requirements. This mitigation measure will ensure that any proposed commercial uses fit into the locale with minimal intrusion while providing the desired services. Existing access to the property is from Manono Street,which has a 50-foot wide right-of-way with 20 to 22-foot wide pavement and paved shoulders. According to the City of Hilo Zone Map,Manono Street is proposed to be increased to a 60-foot wide right-of-way and,therefore,the applicant will be required to provide a 5-foot wide future road-widening strip along the Manono Street frontage of the property. The applicant will be required to provide full improvements to the entire frontage along Manono Street consisting of,but not limited to,pavement widening with concrete cub, gutter and sidewalk,drainage improvements, and any required utility relocation. Additionally, access to Manono Street will be limited to a single location. As a result of the proposed • new roadway improvements, any increase in traffic at the site generated by commercial uses can be accommodated. The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for the proposed use. The property is classified as Zone X, areas determined to be outside the 500-year flood plain. The property is also located outside of the tsunami inundation area. The property has been in residential use with the existing dwelling since the 1914, and the Waiakea Houselots has been in urban development since the 1960's. The subject development is not contrary to Chapter 205A Hawaii Revised States, relating to Coast Zone Management Area. The property is located more than one-half mile from the nearest coastline. The proposed development will not adversely impact recreational resources,including access to and along the shoreline or to mountain areas, scenic and open space vistas,visual resources to the shoreline,coastal ecosystems and marine ecosystems. Finally,because the property and surrounding areas have been extensively altered with urban development,it is not anticipated that endangered or threatened candidate -5- species of flora or fauna are located within the property, nor has the property been identified'as a significant botanical or biological habitat. in addition,it is also not anticipated that the proposed development will have any adverse impact on archaeological, cultural or historical resources. Thus, it is also not anticipated that the proposed request will have any adverse impact on archaeological, cultural or historical resources in the area. Based on the above findings, approval of this change of zone request from Single Family Residential(1KS-b0) to Neighborhood Commercial(CN-20) zoned district would result in an appropriate land use pattern that will further the necessity,convenience and welfare of the genual public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- \' '-. . Kay, ^ == °��n�� q Inn! PM 'IR ' �.•••.� .- ,, •^ • ` ' •..`�,.�� From: SidFuke ' '''� | IFNT � Sent: Friday,January 11.2O191M�[ , �� _ p,r""� To: Kay,Christian _ _~ _ ' �c Darrow,Jeff;Jackson, K4 -�'Speeg\� Kris'; n��hawa�nk�zo ' Subject: Makalika 521 LLC-Additional Amendment ' `' ^ ' -'_r_ ~` /' '=��`. � ^ . ^ ` '. _ Importance: Low � '• _ - . Hi Christian, This is to follow up on our discussion today regarding the subject matter. Specifically,Condition ID•requirt'd the._._ subdivision and dedication of the 5-foot future road widening strip. However,while this area waStdridgee-cirit-laas yet•- this-st-rip,"the- intent was to have the dedication occur in conjunction with the overall dedication of the completed improvements. Nonetheless and technically, because the language of Condition D requires its dedication within five(5) years—similar to the offsite improvements called for in Condition E—that provision also needs to be amended. As such, by this email letter,we respectfully request that a time extension of Condition D also be considered and approved. We apologize for this technical oversight and appreciate your consideration of this request. Thank youl Sid . ' 1 �� v�� JL r� PETERCHAIRPERSON BOARD 1 ;, 1. Os 04-,.. TMT.YoN - I LINDA LDYGLE- r b 0 BOARD OF LAND AND NATURAL RESOIROM 9 5D R i-, t �...,. COMMISSION ON WATERRESOURCB MANAO�C OOVSRNOROF}{AWAB0 'y ..•.i, i 3i v p • ROBERT K MASUDA I • ,1=1r1:;4l DEPUTE DIRECTOR-LAND a'.� DEAN NAKANO `` •i.: 2 Pik 1Acrtmo DEPUTY DIRECTOR•WATER N. "r:.%1. .'_•.‘..4„. ,,C� `, . ";.,e`% AQUATIC RESOURCES C'�� ^i;i a '�-aa� BowmIO AND OCEAN RuwwnoN Oc�' 1P i .\��Jr' `}d=CSF NONW OF RESOURCE 4 : E ,I.RTMEM- ODMM®SIINDNWATRERLSOIRCRMGNA000TT NTY OF 1-IAWAII MN STATE OF HAWAII CONSERVATION AHDTION RESOURCEND S ENFL ORCEMENT CONS['AVATIONANDF CONVEYANCES EMERY/RING BNeoRCPJ@!T T��`_,,�A DEPARTMENT OF LAND AND NATURAL RESOURCES WU BUHISTORIC OPNR U(TW" KAHOOLAWE ISLAND RESERVE COMMISSION STATE HISTORIC PRESERVATION DIVISION LAND STATE PARES 601 KAMOKILA BOULEVARD,ROOM 555 KAPOLEI,HAWAII 96707 February 23, 2006 Christopher Yuen,Director LOG NO: 2006.0429 Hawaii County Planning Department DOC NO: 0602MM23 101 Aupuni Street, Suite 3 Archaeology Hilo,Hawaii 96720-3043 Dear Mr.Yuen: SUBJECT: Chapter 6E-42 Historic Preservation Review [County/Planning] Change of Zone Application(REZ 06-000032)Applicant:Kathy Tripp Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK: (3)2-2-034:012 Project consists of a proposed change of zone from RS-10 to CN 7.5 for this property situated in the Waiakea House lots, South Hilo. Applicant plans to convert vacant residence constructed in 1914 to a commercial operation consisting of a Hawaiian quilt and gift shop. We believe that no historic properties will be affected by this undertaking because: . ❑ a)intensive cultivation has altered the land ® b)residential development/urbanization has altered the land ❑ c)previous grubbing/grading has altered the land ❑ d)an acceptable archaeological assessment or inventory survey found no historic properties ❑ e)this project has gone through the historic review process, and mitigation has been completed ® f) other: There are no archaeological concerns as residential development has altered the land and intensive agricultural use preceded establishment of the house lots. Existing 1 residence is over 50 years old and as such, it is a historic property. However, no 1 alterations are planned that would alter the integrity of the structure. In the event that historic resources, including human skeletal remains, are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division,Hawaii Section,needs to be contacted immediately at(808) 327-3690. Aloha, zi"iitZe;(1,1A.A#44L ie Chinen,Administrator State Historic Preservation Division I 1 MM:dlb 011489 9 ' Planning Dept. • Exhibit to Harry Kim c:** • Paul K. Ferreira mayor Police Oki' *P / Kenneth Bugado Jr. Deputy Police(lutl County of Hawail POLICE DEPARTMENT 54Q Kapiolani Street Hilo, fawaCi Q6720-399S 1S)5i 935-3311 Fax(808)901-M5 November 8, 2018 TO : MICHAEL YEE,„PLANNI-NG/DIRECTOR /47. FROM : MITCHELL K. KANEHAILUA, ASSISTANT POLICE CHIEF AREA ' OPERATIONS BUREk SUBJECT: AMENDMENT TO CHANGE ZONE ORDINANCE NO. 06-107 (REZ 06-000032); APPLICANT: MAKALIKA 521. LLC (FORMERLY KATHY TRIPP); REQUEST; AMENDMENT TO CONDITION B THAT A NEW STRUCTURE CAN BE CONSTRUCTED ON THE SITE OF ORDINANCE NO. 06-107; TAX MAP KEY: 2-2-034:012. 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 ciregorv.estebanghawaiicounty.gov. GE Ill/18HQ0225 • Planning. Dept Exhibit 1, COLII111 is an Equal Opportunity Provider and Employr- , 1---\ -7 1 ) • J�(Y aR,Rq�'11 ?trig NMi ,� Pm 9 r(barren J.Rosario Harry Kim r �°•'-` "' q,, 1� NMI . tT Mayor i "• `11' ; Fire Chief _ • -4ance S.Uchida 1�1 a; - + - • Deputy Fire Chief 111 ;41i�• .. ,i 1` NpYI_ .. Q ouutp of Ti9ctivart HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawai'i 96720 (808)932-2900•Fax(808)932-2928 November 7,2018 TO: MICHAEL YEE,PLANNING DIRECTOR FROM: DARREN J.ROSARIO,FIRE CHIEF SUBJECT: Amendment to Change of Zone Application No. 06-107 (REZ 06-000032) Applicant: Makalika 521, LLC (formerly Kathy Tripp) Request: Amendment to Condition E (Offsite infrastructure Improvement) and clarification on Condition B that a new structure can be Constructed on the site of Ordinance No. 06-107 Tax Map Key:2-2-034:012 In regards to the above-mentioned Amendment to Change of Zone application,the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE,2006 EDITION Note;Flatit•ai'i State Fire Code, National Fire Protection Association 2006 version, with County of flawai`i amendments. County amendments are identified with a preceding "C--"of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult,or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access.Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. Planning Dept. yC^ Exhibit • 121668 Vftforefsi 11. Hawai'i County is an Equal Opportunity Provider and Employer. e + Michael Yee November 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 November 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: I 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 r) 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 November 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—j 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 November 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 - November 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 toall premises upon which facilities or buildings,or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ.For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2*Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3*The location,number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ,fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. Michael Yee November 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 fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: 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 November 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 November 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. r DARREN J. ROSARIO Fire Chief CB:ds • • DEPARTMENT OF PUBLIC WORKS - . COUNTY OF HAWAII : ' HILO, HAWAII DATE:-November 30, 2018 TO: Michael Yee, Planning Director FROM: artment of Public Works, Engineering Division SUBJECT: AMENDMENT TO CHANGE OF ZONE ORD. No. 06-107(REZ 06-000032) Applicant: Makalika 521, LLC (formerly Kathy Tripp) Request: Amendment to Condition E (Offsite Infrastructure Improvements) and Clarification on Condition B That a New Structure Can Be Constructed on the Site of Ordinance No. 06-107 TMK: 2-2-034:012 We have reviewed the subject request forwarded by your memo dated October 31, 2018 and provide the following: We have no objection to the time extension to complete the offsite infrastructure improvements. We defer to the Planning Department regarding the clarification of Condition B to build a new structure. However, if the permeable condition of the land should change with the layout,of the new structure, a drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The drainage study and improvements must be completed prior to the construction of any proposed structures. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 5 121933 ooF WATERSGAq Prl LI 23 DEPARTMENT OF WATER SUPPLY • OF• 49 7ilHAWAOF HAWAII 345 KEKUANMTA STREET, SUITE 20tiHILO, HAVVA.11 357 11 PFHWt° TELEPHONE (808) 961-8050 • FPyk O08): 96A-8`657 November 27, 2018 TO: Mr. Michael Yee,Director Planning Department FROM: Keith K. Okamoto,Manager—Chief Engineer SUBJECT: Amendment to Change of Zone Ordinance No. 06-107 (REZ 06-000032) Applicant: Makalika 521,LLC (formerly Kathy Tripp) Request: Amendment to Condition E (Offsite Infrastructure Improvements) and Clarification on Condition B That a New Structure Can Be Constructed on the Site of Ordinance No. 06-107 Tax Map Key 2-2-034:012 We have reviewed the subject application and have the following comments and conditions. Please be informed that water is available from an existing 8-inch waterline within Manono Street which fronts the subject parcel. The subject parcel is served by an existing 5/8-inch meter(Account No. 100-54400), which is limited to a maximum daily usage of 600 gallons each. The Department has no objection to the amendment of Change of Zone Ordinance No. 06-107, Conditions B and E, 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 Most Precious Resource. . . 1(a Wai A Kne. . . Planning Dept. The Department of Water Supply is an Equal Opportunity provider and employer. `I ci " Exhibit . Mr. Michael Yee, Director Page 2 November 27, 2018 - 3. Subject to other agencies' requirements to construct improvements within the road right-of-way y 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. that the existing8-inch waterline within Manono Street is inadequate to provide the Please be informedq required 2,000-gallons per minute of flow for fire protection, as per the Department's Water System Standards. Mr. TroySamura of our Water Resources and Planning Should there bequestions,please contact any Branch at 961-8070, extension 255. Sincerely yours, Keith K. Okamoto,P.E. Manager—Chief Engineer TS:dfg copy—Mr. Sidney M. Fuke,Planning Consultant Makalika 521,LLC Harry Kim 8' aWilliam A.Kucharski r \i _.,. f i l �l r1 r m, L9 f 3 Mayor �. �4�''' y . Director Wilfred M.Okabe �� +s.4", Diane A.Noda Managing Director Deputy Director Count of Patuat DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kektlan8o`a Street,Suite 41•Hilo,Hawaii 96720 Ph:(808)961-8083•Fax:(808)961-8086 cohdem@coh awai i.hi.us http://www.hawaiicountv.gov/environmental-management/ MEMORANDUM n TO: Michael Yee, Director Planning Department FROM: William A. Kucharski,Director '` Environmental Management De t. ent DATE: November 27,2018 SUBJECT: Amendment to Change of Zone Ordinance No. 06-107(REZ 06-000032) Applicant: Makalika 521, LLC (formerly Kathy Tripp) Request: Amendment to Condition E (Offsite Infrastructure Improvements)and Clarification on Condition B that a New Structure can be Constructed on the Site of Ordinance No.06-107 Tax Map Key: (3)2-2-034:012 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 other construction/demolition waste should be responsibly reused to ( ) any P Y 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 Hawaii Organics Facility and East Hawai`i Organics Facility, or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County)Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: 9190 Planning Dept County of Hawaii is an Equal Opportunity Provider and Employer Exhibit Mr.Michael Yee,Director November 27,2018 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 Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85of the Hawaii County Code. (X) Check or line out as applicable: [X] If required by the Director of the Department of Environmental Management("Director of DEM"), [X] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer Iine 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: A sewer study is required for all new commercial structures constructed on the site. WK:mef --------------- o ry,,q SUZANNE D.CASE Apr ,96g W CHAIRPERSON DAVID Y.!GE „'; GOVERNOR OF NA'NAO / ( r k+ r: ,amu BOARD OF LAND AND NATURAL RESOURCES P _ { ' COALMISSION ON WATER RESOURCE ( I si 11L\PiACCNIENT of a�/4,4. 'it_�i� fl � ? �;+ . __,- -NT I ` P. Vi �i i.:l 6l \ v'. STATE OF HAWAII srd/conivo% DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,I[AWAIT 96809 December 4, 2018 County of Hawaii Planning Department • Attention: Mr. Christian Kay via email: christian.kayhawaiicounty.gov 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Kay: SUBJECT: Amendment to Change of Zone Ordinance No. 06-107 (REZ 06-000032) Request for Amendment to Condition E (Offsite Infrastructure Improvements and Clarification on Condition B that a New Structure can be Constructed on the Site) located at 680 Manono St., Waiakea, South Hilo, Hawaii; TMK: (3)2-2-034:012 on behalf of Makalika 521, LLC Thank you for the opportunity to review and comment on the subject matter. The Land Division of the Department of Land and Natural Resources (DLNR) distributed or made available a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division, (b) Division of Forestry & Wildlife, and (c) 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.Tsuj Land Administrator Enclosures cc: Central Files Planning Dept Exhibit 8 1219 9 2 • • 1L of y, SUZANNE D.CASE DAVID Y.IGE 4P, �g�y ;' CHAIRPERSON GOVERNOR OF HAWAII h' `•� ' HOARD OF LAND AND NATURAL RESOURCES f 1! •t COMMISSION ON WATER RESOURCE ` , MANAGEMENT iia ,N, v eek, ��'vdRa !t� ' �Y'%z r P.' -;,41._,n;,:i.____, 1 •a.rn.in \/ STATE OF HAWAII 4Ie ofNa+41 DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 62 t HONOLULU,HAWAII 96809 , November 14, 2018 . MEMORANDUM T6:.------' DLNR Agencies: _ - `c) _ ,�. - -Div. of Aquatic Resources -_ O ... � _Div.of Boating &Ocean Recreation _.:: fl X Engineering Division ` X Div. of Forestry&Wildlife � :=: _Div. of State Parks - • : =` X Commission on Water Resource Management -- , I _Office of Conservation &Coastal Lands �,- pri -7: X Land Division—Hawaii District -----\-O s X Historic Preservation ) Ofd M: Russell Y.Tsuji, Land Administrator! / SUBJECT: Amendment to Change of Zone Ordinance No. 06-107 (REZ 06-000032) • Request for Amendment to Condition E (Offsite Infrastructure Improvements and Clarification on Condition B that a New Structure can be Constructed on the Site) LOCATION: 680 Manono St.,Waiakea, So. Hilo, Island of Hawaii; TMK: (3) 2-2-034:012 APPLICANT: County of Hawaii, Planning Department on behalf of Makalika 521, LLC Transmitted for your review and comment is information on the above-referenced subject matter. We would appreciate your comments by November 28, 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 attac ect. 9 Signed: - 1 4 • yrty . C ng, Chief Engineer Print Name: • Date: (( (2 re. fi 412. Attachments cc: Central Files • • SL ORy,.,` SUZANNE D.CASE DAVID Y.IGE • a°/'tsps�'lq CUAIRPERSON GOVERNOR OF HAWAII hf ';1e>_ zi BOARD OE LAND AND NATURAL RESOURCES (ill _ COMMISSION ON v'ATER RESOURCE MANAGEMENT i lend and Q. ?�� j a `� %=• � �.ate:®I �a$ STATE OF HAWAII • S64 otHxN°Ia DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 • November 14, 2018 • MEMORANDUM •- 5� Q v DLNR Agencies: _Div. of Aquatic Resources Div. of Boating &Ocean Recreation _ ; ••_ X Engineering Division X 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 F7 M: Russell Y.Tsuji, Land AdministratorG SUBJECT: Amendment to Change of Zone Ordinance No. 06-107(REZ 06-000032) Request for Amendment to Condition E(Offsite Infrastructure Improvements and Clarification on Condition B that a New Structure can be Constructed on the Site) LOCATION: 680 Manono St.,Waiakea, So. Hilo, Island of Hawaii; TMK: (3)2-2-034:012 APPLICANT: County of Hawaii, Planning Department on behalf of Makalika 521, LLC Transmitted for your review and comment is information on the above-referenced subject matter. We would appreciate your comments by November 28, 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. ( y We have no objections. ( ) We have • comm=rets. ( ) Comment'. . F z• Signed: . b Print Name: 1 : 11, .1 _ „• •,• • , Date: l! ti'Jlt' Attachments cc: Central Files £_or SUZANNE D.CASE w•-:19 9k' CHAIRPERSON OF liA DAVID t9 GOVERNOR OF HWM 01/ ��;`=<�.: BOARD 0F LAND AN(iNATURAL ECES t COMMISSION ON WATER RESOURCE n' J'• ? MANAGEMENT `ot`A'ar 4• et j� c'S J�q `�.a ct •`�'T'' 2E i i.;QV 15 p 1: 0 E§TATE OF HAWAII SOreofHa+ro DEPARTMENT OF LAND AND NATURAL RESOURCES RECEIVED LAND DIVISION LAND DIVISION POST OFFICE BOX 621 HIL O,f!A`/A HONOLULU,HAWAII 96809 • November 14, 2018 MEMORANDUM TO: DLNR Agencies: r•, Div. _ of Aquatic Resources _Div. of Boating &Ocean Recreation ,,• • • X Engineering Division X 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: Russell Y.Tsuji, Land Administrator SUBJECT: Amendment to Change of Zone Ordinance No.06-107(REZ 06-000032) Request for Amendment to Condition E (Offsite Infrastructure Improvements and Clarification on Condition B that a New Structure can be Constructed on the Site) LOCATION: 680 Manono St., Waiakea, So. Hilo, Island of Hawaii; TMK: (3)2-2-034:012 APPLICANT: County of Hawaii, Planning Department on behalf of Makalika 521,LLC Transmitted for your review and comment is information on the above-referenced subject matter. We would appreciate your comments by November 28,2018. 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: Print Name: e---1)52R-D0/1/ C. Date: /J,/ Attachments cc: Central Files Liw SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawai'i 96720 •Planning•Variance•Zoning A4.7 Telephone:(808)969-1522 Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports January 25, 2019 Mr. Michael Yee,Director r'' `D Planning Department COUNTY OF HAWAI'I 101 Pauahi Street - ' 'J, Hilo, HI 96720 '_ Dear Mr. Yee: • Subject: Rezoning Time Extension Request (Ord. No. 06-107) Applicant: Makalika 521,LLC (Formerly Kathy Tripp) Waiakea, South Hilo,Hawaii,TMK: 2-2-034: 012 This is in response to additional agency comments to date. Relative to the Fire Department's comments, its specific requirements relative to fire protection will be addressed during the building permit process, as it is part of the reviewing and approving agency. These requirements may include such matters as internal sprinkler system and/or fire truck/hose accessibility to the entire structure. The project will connect to the County sewer line fronting the subject property, as required by the State Department of Health. Further, if needed, as noted by the Department of Environmental Management, a sewer study and/or connection plan shall be prepared and submitted for the review and approval of that agency. Finally,the Police Department noted that it did "not anticipate any significant impact to traffic and/or other public safety concerns. " I trust that the comments noted herein fully address these agency comments. If not or if there are further questions/comments on this matter, please feel free to contact me. Thank you very much. incerely, VVV ' SIDNEY . FUKE Planning Consultant Copy—Makalika 521, LLC w/enclosures via email Planning Dept. , _, AB Exhibit _ .,t.. Lt' 2 : �� RMakalika-AmendREZ06-32.AR 01-30-19 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MAKALIKA 521, LLC (FORMERLY KATHY TRIPP) AMMENDMENT TO CHANGE OF ZONE APPLCIATION (AMEND REZ 06-000032) Upon careful review of the request against the guidelines for approving amendments to a Change of Zone, the Planning Director recommends a favorable recommendation be forwarded to the County Council for the request to amend Conditions B, D, E and 0 of Ordinance No. 06-107. 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 favorable recommendation is based on the following findings: The applicant is requesting amendments to Change of Zone Ordinance No. 06-107 (REZ-06-000032), which include a five (5) year time extension to: complete the required off-site infrastructure improvements in Condition E; complete the future road-widening as required in Condition D; allow the construction of a new commercial structure in Condition B, and an additional allowance of an administrative time extension allowed in Condition O. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. The applicant (Makalika 521, LLC) acquired the property in 2017 and was subsequently sold in 2018 to the new landowner (Nakoamana Kaialii Ventures, LCC). The applicant has every intention of developing the subject parcel, as evidenced by their diligence to complete the delinquent off-site infrastructure improvements. The applicant stated that obtaining the required construction plans prepared and approved took longer than anticipated,with the construction plans being approved in September of 2018, nearly two (2) years after the previous Ordinance No. 06-107 deadline. If these amendments are approved, the applicant states they will be in a better position to secure necessary funding to construct a new building on the subject parcel. Granting of the amendments would not be contrary to the original reasons for granting the rezone.The reasons for granting the original rezone under Ordinance 06-107 (REZ-06-000032)has not changed, although the development plan for the subject parcel has been modified to include the applicant's proposal to allow the construction of a new commercial structure instead of a conversion to the existing structure located on the subject parcel. The applicant is seeking additional time to complete the off-site infrastructure improvements, to change the timing of when the future road widening strip will be dedicated to the County of Hawai`i, as well as amending the requirement that the existing structure be "converted". The applicant (Makalika 521, LLC) acquired the property in 2017, and was subsequently sold to the current landowner (Nakoamana Kaialii Ventures, LCC) in 2018 who has allowed the applicant to continue to pursue this amendment to Change of Zone Ordnance No. 06-107. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Since the subject parcel was rezoned from RS-10 to CN-20 in 2006, there has not been any land use regulatory changes in this area that would influence the subject parcel. The Hilo Community Development Plan has not been updated, and therefore, the only significant planning policy document would be the County General Plan. The request continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map, which defines the subject parcel and its,immediate surrounding area as Medium Density Urban (mdu). Medium Density Urban is defined as "village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential—up to 35 units per acre)." The amendment requests continue to conform to the goals, policies and standards of the General Plan in that the proposed development will be established in an area adequately served by necessary services such as water,utilities and transportation systems. The proposed project conforms to the intent of the "Urban Center" designation in which activities in the community will be more readily and easily conducted, as well as making urban centers more efficient, livable and safe. The proposed amendments continue to be consistent with the following goals, policies, and actions of the General Plan: -2- ECONOMIC ELEMENT • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii; • 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; and • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. LAND USE—COMMERCIAL • 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; • 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. • 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. The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP), adopted in 1975, suggests multi-family residential uses in this area,however,this area is transitioning to higher-density commercial type uses. The proposed amendments to Ordinance No. 06-107 would allow for the continued commercial use that already exists on the subject parcel and would be in-line with the recent commercial developments in the area. The property is 20,000 square feet in size and is rectangular in shape. The parcel was formerly used for a single-family residence that was converted to a commercial structure in 2007. The remainder of the property includes common landscaping(i.e., grass -3- and small shrubs), as well as a paved parking area for the commercial activities. The land uses in the area are a mix of residential and commercial uses. The Manono Street Marketplace and Atebarra Chip Company are located across the street from the subject parcel, which are zoned CN-20. Rezonings in the area from Single-Family, Residential (RS) to Neighborhood Commercial (CN) include properties to the south and east, and other properties to the northeast on the corner of Manono Street and Hualani Street. Access to the project site is from Manono Street, which is a County owned and maintained roadway with 22 feet of pavement width within an existing right-of-way width of 50 feet fronting the subject property. The City of Hilo roadway map identifies Manono Street as a major collector road with a minimum required right-of-way width of 60 feet. The Department of Public Works (DPW) recommended that the applicant provide full improvements to the entire frontage along Manono Street consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk and any required utility relocation, meeting with the requirements of the Americans with Disabilities Act of 1990 (ADA) and approval of the DPW. Additionally, DPW recommends that the applicant design, purchase, and install streetlights and traffic control devices as may be established by the Traffic Division. The improvements shall be located within any future road widening setback as may be established by the Planning Department. The preceding are proposed as conditions of this favorable recommendation. County water for the subject parcel is available from an 8-inch line fronting Manono Street, which was determined to be sufficient to address fire flow requirements. The property has no severe geological or topographical problems which cannot be rectified, or which would render the land unusable. The project site is located within Zone "X", which is an area of minimal flood hazard. The parcel is also located within the Tsunami Evacuation Zone. According to DPW, all development-related runoff shall be disposed of on site and shall not be directed toward any adjacent properties. No professional floral or faunal surveys were conducted of the site due to the history of the property being used for residential `and commercial purposes. The request is not contrary to Chapter 205A,Hawaii Revised Statues,relating to Coastal Zone Management. The project site is not proximate to the shoreline and is -4- situated outside of the SMA. There is no record of any designated public access to the shoreline or mountain areas that traverses the site. Accordingthe to applicant, no valued pp cultural, historical or natural resources exist on thero ert , and there is no evidence of p p Y any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved amendment, prior to its commencement or establishment upon the subject property.Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), compliance with SHPD requirements, among others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 06-107. 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. 06-107 isp rovided 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. -5- .... COUNTY OF HAWAII :•� �'''- /'• STATE OF HAWAII •�OF H' BILL NO. ORDINANCE NO. CPI-AitiAbkp Darr) AN ORDINANCE AMENDING ORDINANCE NO. 06 107 WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL—20,000 SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED,BY TAX MAP KEY: 2-2-034:012. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 1 and Section 2 of Ordinance No. 06 107 is amended as follows: "SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 [(2005 Edition)] (2016 Edition, as amended), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at [Waiakea] Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial—20,000 square feet (CN-20): SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 [(2005 Edition)] (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land u'se 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 -1- (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. [ - -- - . . -• . . - . :, . - 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- N • V-.75 V-.75 OPEN I CG-7.5 PIILANI ST 11 i CGf7.5 lI G•7.J5 Cp_7. - - C•�i 7.5 - o - -- - I - S ,e a L a V-.75 S CG-7.5 OPEN CG 7.5 - - _ -z- CG 7.5 CG-7.5 R 10 RS 10 --i- 1-----, RS 10 RS 10 r�� L CN-7.5 RS-10 V-.75 L �-- : _ RS-7.5 _ R, 10 R5-.0 RS 10 V-.75 1 Ii1.AL•NI ST R 10 ti I R5 i 0 � R5-14 RS-10 �I- U_�S1NGILE4Ahfl,_ ESIDENTIAL(RS-10) . I R -10 I- j I ,---7$ _ TO NEIGHBORHOOD COMMERCIAL(CN-20) - II !7�A4 . 0 E o -.I. CG-7.5 _ 20,000 SQ. FT. V-.75 _�Rk-1G 7 "NAL,U a m R to V-.75 c -F---- i J \N. - / CN-20 RS-10 CG-20 -I -^L \�L CG-7.5 / R 10 RS-10 CN-20 - >z R.,-10 R�10 CG-20 V-.75 i _� I z R510 CN-I0 - • J RS-1G r CG-7.51 -1 2S-i 9 ±\:17.5 .--Rc ._,0,__ ___,7.1 �1 RS•10 l IRS-1,K KUANA STI I l RD- .75' _ RD 3,75 RD-3.75 R5-10 RS-10 RS-10 RS-10 I CN -10 o 3� ------ ML-20 L ML-20 ' / f;>.), - 1 ` -� / - - I - - RS-10 �1 �' T..1 - -� . T * '%D . 5 ML- - YY o- 1 0,____ RA-3. 5 �� r I - RM-1 - _, - - '\•--"1"--- RD 3.T I_ - - -- - RS-10R5-10 I R0-3.75 RD-3.75 R.-10 RS 10 , LEIlkt8it0 RS 1�1 1 I I I I I ! 11 1 I 1 I I - I 1 480 240 0 480 960 1 440 1920 2,400 .. . . - Feet Feet AMEN DMENT 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 NEIGHBORHOOD COMMERCIAL (CN-20) • AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK:2-2-034:012 Date: February 9,2006 EXHIBIT "A" FOR REFERENCE ONLY (Kathy Tripp:1185) . CMakalika-AmendREZ06-032-AR 01-30-19 MAKALIKA 521, LLC (FORMERLY KATHY TRIPP) AMMENDMENT TO CHANGE OF ZONE APPLICATION (AMEND REZ 06-000032) AMMENDED CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. [Conversion of the existing dwelling shall be completed within five(5) years from the effective date of this ordinance.] Construction of any new commercial development or use of the property, as permitted by the zoning district, 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 development 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 proposed 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). C. Access to Manono Street shall be limited to a single location. All driveway connections to Manono Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. D. A 5-foot wide future road-widening strip along Manono Street shall be delineated on the plans submitted for Plan Approval review. Dedication of the[The] 5-foot future road widening section will occur in conjunction with the completion and dedication of infrastructure improvements outlined in Condition E and [feadway improvements along Manono Street]shall be [subdivided and]dedicated to the County of Hawaii within five (5) years from the effective date of this amended ordinance. E. The applicant shall provide full improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. Improvements shall be located within the future road-widening setback as established by the Planning Department and be completed within five (5) years from the effective date of this amended ordinance. F. The applicant shall also install street lights and traffic controls 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 Manono Street shall be completed prior to a Certificate of Occupancy. G. 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 [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.]and the recommended drainage system shall be constructed, meeting the approval of the Department of Public Works. H. 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. If the applicant, successors, or assigns develop residential units on the subject property in excess of the two (2) units allowed by the [current]previous 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 for each unit shall be based on the actual number of residential units developed and shall become due and payable prior to receipt of Final Plan Approval. 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 -2- percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of [$6,411.25]$9,195.34, per multiple family residential unit ([$9,991.20]$14,329.89 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. [$3,162.21]$4,535.80 per multiple family residential unit ([$4,817.93]$6,910.13, per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [$99.95]$143.36 per multiple family residential unit([$232.42]$333.35 per single family residential unit) to the County to support police facilities; 3. [$30 46]$440.97 per multiple family residential unit ([$459.06]$658.40 per single family residential unit) to the County to support fire facilities; 4. [$137.04]$196.54 per multiple family residential unit ([$2008]$288.25 per single family residential unit) to the County to support solid waste facilities; and 5. [$2,704.31]$3,878.67 per multiple family residential unit ([$4,280.82]$6,139.77 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant 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. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees,conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -3- K. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval. L. An Emergency Response Plan shall be submitted to the Hawaii County Civil Defense Agency for review and approvalprior to the issuance of a Certificate of g Y PP Occupancy. M. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements_ N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include,but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. O. An [initial]extension of time for the performance of conditions within the amended ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 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). -4- 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. P. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. • -5- MAKALIKA 521 , LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 06- 107 (REZO6OO0032) tit � - ... tth� I I r " �,____ ,,,,,F-__... �_- \ it t 1 Li_- t \�_ �. , r L___I._ � ' -,•4,•:S"NkiitAk4SASItS5505,VATISANOWietAKTkgp„ piriappordriertVi*stlietassamoti542tittemite , 1411LUT,1ST 1 i , — _____ mil __1 . N. ) ,... I- � •-- I ----) -- --z_., I .NANO STI - � -- - LF UKArU ST — 1 - -- I lls I I 1�1 l - - __ LOCATION MAP THE APPLICANT IS REQUESTING: ■ AN AMENDMENT TO CHANGE OF ZONE ORDINANCE NO . 06- 107 FOR A FIVE (5) YEAR TIME EXTENSION TO : w • COMPLETE REQUIRED OFF-SITE INFRASTRUCTURE IMPROVEMENTS ( CONDITION E) ; Luce • COMPLETE FUTURE ROAD-WIDENING ( CONDITION D) ; • ALLOW FOR THE CONSTRUCTION OF A NEW COMMERCIAL STRUCTURE ( CONDITION B) , AND; U • ALLOW FOR AN ADDITIONAL ADMINISTRATIVE TIME EXTENSION (CONDITION 0) REASONS FOR THE REQUEST: • CHANGE OF OWNERSHIP SINCE INITIAL APPLICATION ; • THE APPLICANT ELECTED TO SECURE THE PROPOSED w AMENDMENT PRIOR TO PLAN DESIGN TO ENSURE DEVELOPMENT ABILITY; ce • PERMITTING AND REGULATORY REQUIREMENTS EXCEEDED c� APPLICANTS PROJECTED TIME TABLE; AND • APPLICANT UNABLE TO SECURE PROPER FINANCING . a,r�.`?;...,u.,. �'.,.,:.... ,:;v�.;•.,....P �e::;J ` "�.�.�w :sM....,',�.�:��d'�„;."�`;�::.v"a0 E"�„�"Sa��:,w�> >.".�...";.fir;a'�' a��+ .. v 1 1 II • j I I - { ? n z a I , o • 1 • z 6 , I n I , O 1 l l - z cp 1 1 j -- I 1 1 1auw,.Vu.tri COUNTY ZONING • I 1 I I 1 1 I • i i Ii 1 .x.0'1 T -- 1 I 1 -- - - --- CO i D 1 It z 1 1 1 1 1 1 1 1 j , 1 1 I 11 1I l 1 J 1 STATE LAND USE BOUNDARY MAP I f __ i I : 1 . i 1 j 1 1 C C - . 1 E ,y-� ..... ................._. _ N1,13,'J,-.:1 -_._-_ -___.-.-.-_-__ i ' f i • 1 I 1 • i • 6 U(- UST GENERAL PLAN LU PAG MAP oe�e ,, „,k* : MN Ilk - sa a �.. «.,.. . 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Ti d . ,- VIEW OF MANONO STREET LOOKING SOUTH a � W Yg '0 'I 1,i rte- e' _, r � t ;fix.. ;: .4.-7- 3 E (/ ) �-` O rr, O I. { Jr W •/+' , .5M - . omiK �..f 41:7,' d �vi-..,,,_,3 iri VI: 9 b: k 1's .:'.'7,..V.,''.,£?'.. i' �! y. ...i °°°iii F'`is`.a. u ALL° ue: :vii" HW m:ia-.. i xi rr vc4r _G, r R—z r`�ezP VIEW OF MANONO STREET LOOKING NORTH Z PLANNING DIRECTOR'S RECOMMENDATION a w FORWARD A FAVORABLE RECOMMENDATION TO 8 THE COUNTY COUNCIL FOR AMENDMENTS TO ce CHANGE OF ZONE ORDINANCE NO . 06- 107 Ee0 ceU w D