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HomeMy WebLinkAboutPD BACKGROUND (REZ 09-101) BSugaiREZAmend crk.6.19.2020 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DR. BRIAN SUGAI AMENDMENT TO CHANGE OF ZONE ORDINANCE 10 019 (REZ 09-101) DR.BRIAN SUGAI submitted an application for a six(6)-year time extension to Condition D (Time to Complete Construction) of Ordinance No. 10 019, which reclassified approximately one(1) acre of land from an Agricultural 1-acre(A-la)to Neighborhood Commercial-20,000 square feet(CN-20)zoning district. The subject property is located adjacent to the Alenaio drainage channel on the east side of Komohana Street approximately 700 feet south of the Komohana Street-Ponahawai Street intersection, Ponahawai, South Hilo, Hawai`i, TMK: 2-3-037:019. PROPOSED DEVELOPMENT 1. Applicant's Request: The applicant is requesting a six(6)-year time extension to Condition D (Time to Complete Construction), which states: "Construction of the proposed improvements shall be completed within five(5)years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all proposed structure(s), fire protection measures,paved driveway access,parking stalls and loading zones. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17(Landscaping Requirements). " Please note, the applicant initially requested a five(5)-year time extension with the possibility of retaining an administrative time extension,however,based on conversations with the Planning Department staff, the applicant changed the request to a six(6)-year time extension with no administrative time extension. 2. Proposed Development: The applicant initially planned to construct an approximately 20,000-square foot, two-story building to contain his medical office and other offices for rent/lease on the ground floor and a residential unit on the second floor to be used by the applicant. The original plan also set aside an area on the property for an additional 20,000-square foot building. However,due to cost considerations,the applicant decided -1- to reduce the size of the structure to a proposed 8,900-square foot,two-story office building, including one(1)residential unit and a 36-stall parking lot, two (2)of which will be ADA accessible. 3. Reason for the Request: According to the applicant,Final Plan Approval and a building permit were issued in 2011. However,based on cost considerations and the economy just coming off of a recession, construction was delayed, and plans were abandoned. The applicant subsequently submitted revised building plans in 2013,but due to a misunderstanding with the Department of Public Works(DPW), a building permit was never issued. In 2014, DPW issued a site work grading permit and some site work subsequently occurred. However,misunderstandings between the applicant and the then contractor resulted in lengthy litigation between the parties and construction was suspended during that time. With the litigation resolved, a new grading permit was issued in 2019 and site work re-commenced. Upon receipt of this time extension approval, a new Final Plan Approval can be obtained, a new building permit can be finalized, and the applicant intends to complete the project within 24 months. (P.D. Exhibit 1 -Change of Zone amendment application dated April 27, 2020 and email dated May 22, 2020 from Sidney Fuke) 4. Landowner: SW Enterprise LLC. STATE AND COUNTY PLANS 5. SLU Designation: Urban. 6. GP LUPAG Map: Medium Density Urban. 7. County Zoning:Neighborhood Commercial-20,000 square feet(CN-20) 8. Hilo Community Development Plan (CDP): The Hilo CDP, adopted as Planning Commission Resolution No. 1 on May 21, 1975,identifies the area as RS/RM/PUD. 9. Special Management Area (SMA): The subject property is located over one(1)mile from the shoreline at an elevation of about 240 feet above sea level and is not situated in the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 10. Subject Property: The property is located on the east side of Komohana Street just north of the Alenaio drainage channel. It is irregular in shape, slopes very slightly to the east, -2- and is located at an elevation of about 240 feet. The property was formerly planted in sugar cane but has been graded and is currently vacant of any structures or improvements. 11. Surrounding Land Uses/Zoning: The adjacent properties to the north are vacant and similarly zoned CN-20. Undeveloped lands to the west were rezoned in 2004 to the Wailani Project District. The nearest residential uses are located on the property directly adjacent to the east, A-1 a and in the Komohana Heights subdivision just beyond the Alenaio drainage channel, south of the property zoned RS-7.5. The Ka Waena Lapaau medical office complex is located at the northeastern corner of the Ponahawai Street- Komohana Street intersection on land zoned CN-20. Several of the nearby properties on the south side of Ponahawai Street makai of Komohana Street have been rezoned to RM- 4, RM-5.5 and CN-20. 12. FIRM: A portion of the property is located in the"AE"flood zone, which is a special flood hazard area inundated by the 100-year flood where base flood elevations have been determined. 13. Flora/Fauna Resources:No professional floral or faunal survey was prepared, as the property is an abandoned sugar cane cultivation area and has been recently grubbed. Vegetation on the property consists of California and Wainaku grass. None of these species are endangered plants. According to the applicant, due to the property's close proximity to urban areas it is not likely to have endangered faunal species,but rather feral cats, rats and mongoose likely utilize the area. 14. Archaeological/Cultural/Historical Resources: No archaeological inventory survey was prepared, as the property was previously used for sugar cane. Similarly, no valued cultural or historical resources exist on the site. No traditional and customary native Hawaiian rights are exercised on the site. By letter dated July 2, 2009,the DLNR State Historic Preservation Division determined that no historic properties will be affected because previous grading/grubbing and urbanization have altered the land. 15. Public Access: There is no public access to the mountains or the shoreline that traverses the property. -3- UTILITIES AND SERVICES 16. Access/Roadway: Access to the property is via a 30-foot wide road and utility easement identified as"RU-11"from Komohana Street, which is a County owned roadway with a 25-foot pavement width within an 80-foot wide right-of-way fronting the property. A No Vehicular Access 10-foot wide Planting Screen Easement is identified along Komohana Street fronting the property. Conditions of approval of the subject Change of Zone ordinance require the applicant to provide full improvements to the property's frontage along Komohana 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 DPW prior to issuance of a certificate of occupancy. Furthermore, access connection to Komohana Street shall conform to Chapter 22(County Streets) of the Hawai`i County Code to be right-turn in and right-turn out movements only with prescribed intersection improvements and signage meeting with the approval of DPW. 17. Traffic: According to the applicant, the Institute of Traffic Engineers(ITE)manual indicates that the AM/PM trip generation for general office use is 1.49 trips per 1,000 square feet of gross floor area,thus the projected movements would be no more than fourteen(14)movements for the approximately 9,000-square foot office building.The ITE manual further indicates that the AM/PM trip generation for a medical/dental office use is 3.46 trips per 1,000 square feet of gross floor area,thus the projected movements would be no more than 31 movements for the approximately 9,000-square foot office building. Therefore, while the proposed office development will generate an increase in traffic, it will not reach the fifty(50)peak hour trip threshold that would necessitate a Traffic Impact Analysis Report(TIAR). 18. Water: According to the Department of Water Supply(DWS),County water is available from an existing 12-inch waterline fronting the property within Komohana Street that is adequate to provide the required 2,000 gallons per minute fire flow for fire protection per DWS standards. Condition B of the subject ordinance required the applicant to submit anticipated maximum daily water usage calculations to DWS within 180 days of the effective date of the ordinance, however the applicant did not comply with that a- timeframe. In anticipation of submittal of the ordinance amendment application, the applicant completed water demand calculations and submitted them to DWS for review. Based on the calculations, the proposed project will need a total of 1,835 gallons per day (gpd), or four(4) additional units of water. According to DWS,the applicant would be required to request a water commitment for the additional units of water and pay the necessary water commitment deposit.The applicant will also have to cut and plug the existing 1-inch service lateral, install a 1 1-inch service lateral and a 1-inch meter(in lieu of the existing 5/8-inch meter serving the property), install a fire hydrant within 150 feet of the subject property, install a reduced pressure type backflow assembly within five(5) feet of the water meter and remit the remainder of the facilities charges for the additional service. 19. Wastewater: The property is currently not serviced by the County sewer system. Wastewater will be disposed by an individual wastewater system meeting the requirements of the Department of Health. 20. Solid Waste: There are no municipal waste collection services in the County. Condition M of the subject ordinance required the applicant to submit a Solid Waste Management Plan for approval by the Department of Environmental Management(DEM)prior to issuance of Final Plan Approval. DEM approved the applicant's Solid Waste Management Plan on April 18, 2011. 21. Utilities and Services: All essential utilities and services are available to the site. AGENCIES' COMMENTS 22. Department of Water Supply: (P.D. Exhibit 2—June 8,2020 letter) AGENCIES -NO COMMENT/CONCERN 23. Department of Environmental Management, Police Department and Fire Department. AGENCIES-NO RESPONSE 24. Department of Public Works—Engineering Division,Department of Public Works— Building Division, Fire Department, State Department of Health, and State Department of Land and Natural Resources. PUBLIC COMMENTS 25. None as of this writing. -5- SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning Telephone:(808)969-1522 Cell:(808)989-0640 •Subolvision•land Use Penns E-mail:sidfuke@hawaiiantel.net •Environmental Reports April 27, 2020 Mr. Michael Yee, Director PLANNINPlanning Department CDH 302020 DEPT COUNTY OF HAWAFI APR 30 2020 aM7:55 101 Pauahi Street REC'D HAND DELIVERED Hilo, HI 96720 Dear Mr. Yee: Subject: Time Extension Request—Dr.Brian Sugai REZ 09-000101, Ord.No. 10 19 Ponahawai.South Hilo,Hl,TMK:2-3-037:019 The rezoning of the subject property,consisting of 43,560 square feet of land,into the Commercial-Neighborhood(CN-20)district(Ord.No. 10 19)became effective on March 18,2010. The request was to allow the construction of a 20,000 square-foot, two story structure to house the applicant's medical office and other offices for rent/lease. Also proposed was a residential unit on the second floor of the structure. An area was also set aside for a future building. Condition D of the referenced ordinance required completion of the project within five(5)years of the effective date of the ordinance(March 18,2010). While work was done leading up to the issuance of construction-related permits,its construction is still not complete. As such and through this office,the applicant,Dr. Brian Sugai,is requesting a time extension amendment of the subject ordinance to allow for the project or development to be completed within five(5)years of the effective date of the amended ordinance. In that regard,please find attached the letter of authorization;original and twenty (20)copies of this letter and the time extension report;$250 filing fee; list of surrounding property owners within three hundred(300) feet of the subject property;and evidence the real property tax being paid on February 21,2020. As always,should you have questions on this matter,please feel free to contact me. Thank you very much! mcerely',('�y\� � SIDNEY M`PUKE Planning Consultant Enclosures „,Coy—Dr.Brian Sugai w/enclosures via email 132677 Planning . Exhibit TO WHOM IT MAY CONCERN: Please be informed that as landowner of a property identified by TMK: 2-3-037:019,we have no objections to and consent to the request to amend Ordinance 1019 by extending the construction timetable and related amendments,as represented by our planning consultant, Sidney M. Fuke. SW Enterprise LLC 101 AUPUNI ST., STE 238 Hilo, Hawaii 96720 Imo— SIA-11, BRIAN SUGAI, MANAGING MEMBER (Date) kr II-bp NI c e--SUGAI, MANAGING MEMBER (Date) ®(()( 1\11 OF I-I:AAA VIl Parcel Information Parcel Number 230320190003 Location Address 293 KOMOHANA STREET Project Name Ponahawai Property Class AGRICULTURAL Neighborhood Code 2337-5 Legal Information LOT 13-A-143560 SF DES POR RP GR 252 Land Area(acres) SOWI Land Area(approximate sgn) 43,560 View Map Plat(TMK)Maas Owner Information Owner Names Malang Address SW ENTERPRISE ILC Fee Owner ENENTS RPRSE LLC 833 KUKUAU ST HILO HI 967206054 Assessment Information Market Assessed Market Assessed Tote/ Total Total Total Land Dedicated Land Building Building Market Assessed Exemption k Year Property ChValue Class Value Use Value Value Value Value Value Value Value Value 2020 AGRICULTURAL $206,300 $0 $206,300 $0 $0 $20,300 $206,300 $0 $206300 Land Information Property Class Square Footage Acreage Agricultural Use indicator AGRICULTURAL 43.560 1 Permit Information Dae Parma Number Reason Permit Amount 11/7/2011 B2011-0940K $1,500000 Bldg Division Permit and Inspections Information Permit Permit Permit Permit Estimated Inspection Inspection Permit Date TYPe Number Reason Permit Description Cost Om Status Status 11/2/2011 Building _ New NEW 2STORV OFFICE BUILDING SHELL AND TENANT $1.5017.003 VOID IMPROVEMENT ON LOWER LEVEL FOR DR.SUGAI MEDICAL OFFICE AND TENANT IMPROVEMENT ON UPPER LEVEL FOR DR SUGAI APARTMENT LOWER LEVEL WITH MEN/WOMEN BATHROOM,ELEVATOR,ELECTRICAL EQUIPMENTROOM,IXTERIOR STAIR TO UPPER LEVEL UPPER LEVEL WITH ELEVATOR AND STAIRWAY As a courtesy to the public,we provide buildingPermitdata as supplied by the Department of Public Wmk5.Assuch.nowarranties.expressed or implied.are provided for the data herein its use or its interpretation,and accuracy. Sales Information Land Court Sale Instrument Instrument Instrument Date Document Cart Conveyance Sak Date Amount x Type Description Recorded Number g Bad/Page Tax Document Type 03/04/2013 4165 000 482a04arranivDeed 03/21/7013 165 Warranty Dad CONVEYANCE 10/15/2008 $0 08-161199 FEE Warranty Deed 10/20/2008 0 Warranty Deed CONVEYANCE 04/18/2008 50 08-063714 [VS ON FEE Amendment 04/23/2008 0 Amendment agrrementot agreement of sale or subs sale or subs 04/17/2008 $145,030 08-063715 FEE Warranty Deed 04/23/2008 145 Warranty Deed CONVEYANCE 03/03/2008 50 OTHER Mapping 03/03/2008 Mapping Change Change Land Court 5ak Instrument Instrument Instrument Date Dormnent Cert Conveyance SaleDate Amount I Type Description Recorded Number g Book/Page Tax Document Type 02/07/2003 $78,000 03-27565 A/SON FEE Agreement of 02/14/2003 78 Agreement of sale(Fee or sale(Fee or Lease) lease) 03/27/2002 $0 02-079772 FEE Warranty Deed 05/07/2002 Warranty Deed CONVEYANCE 01/17/2007 So OTHER Mapping Mapping Change Change 04/03/2001 $0 Mapping Mapping Change Change Historical Tax Information Payments Amount Year Tax and Credits Penalty Interest Other Due O 2We $154275 ($1,54275) $0.00 $003 $000 $000 2019Tax Details )Tax Description Tax Payments/Credits)Penalty Interest Other I Period 2019-1 Beginning $771.38 $000 $000 $0,00 $0.00 Tax ) 2019-1 Payment I $000 I ($A33B)I $0.00 $0.00 $0.00 2019-2 Beginning $771.37 $0.00 $000 $0.00 $0.00 Tax 2019-2 I Payment I $000 I ($771.37)I $0.00 $003 $0 Totals: $154275 I ($1.542.75)I $0001 $0.03 I ,00$0001 20I9Tax Payments Payment Sequence I Effective Date I Tax I Penalty Interest Other 4582379 0802/2019 ($771.38)I $0.00 $0.00 .00 1 $0 4732260 102/21/2020 (377137) saw s003 Sono Totals: iI ($1542.75)I saw $0.001_$0,00I E (ET $154275 ($154775) $0.00 $0.00 $0.00 $0.00 [Tr 210 $154275 ($1542.75) $0.00 $0.00 $0.00 $0.00 El 4110 $1526.25 ($1,526.25) $0.00 $0.00 30.00 $0.00 • 21I14 $1.526.25 31.526.251 $0.00 $0.00 $0.00 $0.00 • -i $152625 ($1,526.25) $0.00 $000 $0.00 $0.00 . 01; $1.52625 31526251 $0.00 $000 $000 $0.00 H y_ $137775 ($1,377.75) $0.00 $0.00 $000 $000 23 gnu $1.377.75 ($1377.75) $0.00 $0.00 $0.00 $000 ET 2010 $1.377.75 31377.751 46899) ($7.58) $0.00 $0.00 5 24404 $1,377.75 ($1377.75) $0.00 $0.00 $0.00 $0.00 S 2005 $1970.60 ($1.970.601 (39853) ($2168) $0.00 $0.00 Lt` rant` $1.970.60 ($197060) ($98.92) ($21.77) $0.00 $0.00 _u. $1,97060 ($1,970X1) $000 $0.00 N110 $0.00 p. 200 $1.93060 ($1,930.60) $0.00 $0.00 $0.00 $0.00 O 044 $1,151.47 ($1.15147) $0.00 $000 $000 30.00 o 00. $1.177.08 ($1,17708) $0.00 $0.00 $0.00 S0.00 p 21)44` $1352.92 ($135292) $0,00 SOW $0.00 $0.00 1I'I VI11 E I I , „,,, I Parcel Results 24 Results Parcel ID 0 Owner 1 Property Address C Map a 230370010000 PWARANI DEVELOPMENT I LC Mac L 230370060000 PKBMREME HILO LLC 279KOMOHANA STREET M1ae J 230370180000 PKUALOARANCH.INC Mar a 2303370190000 PSW ENTERPRISE LIC 293 KOMOHANA STREET Map Ja2303702 'AO P COUNTY OF HAWAII al:P 2303702000002303702200[0 PHIGAION G H 283 KOMOHANA STREET Map rp HIGALAHRIEA J 23043006mA PYOUNGVERNA HL M3P BENTORONALD K BENTO.BARNETTE BEN TOLEIGHA BENTO.MICHAELG BENTO,STANLEYJR BENTO.CAROLI B ENTO,BARNETTE B ENTO.LEIGHA BENTQMICHAELG BENTQSTANLEY JR y YOUNGVERNAHL ETAL J 23043013IX0)0 PKAHAITROY JOSHUA 333 MANELE LANE Map KAHAI,KATHLEEN MISHIMA a2323044019000) PWAIIANI DEVELOPMENT LLC J` �y J 2=8015000 P HERODIAS.ROBERT I 353HUALI PLACE Nap J�y HERODIASJULIETTEH KY a. 230480160000 230480160000 PSMALLWOODSUPAPORN 334 HUAII WAY J 230480170000 P DE LUZFRANK III FAMILY LIMITED PARTSHP 332 HUALI WAY "Nap DE LUZBRANDONB ASENCIONJOSEPHI �y J 23048018090 PDE LUZFRANK III 330 HUALI WAY �y DE LUZ.BRENDA L J 230480190000 PENOELHARD.PG TRST 324 HUALI WAY yea 3S 210480200000 PBECKTEI �KENNETH I C TRST 320 HUALI WAY M J.Y 230480210000 PNAKAGAWA.ELLEN TRST 319 HUALI WAY MS a�y0000 230480220 PNAKAGAWA.COLINTRST 321 HUALI WAY Mep J 230480230000 PABRIL.NANCY H TR 323 HUAL,WAY Map a 23080240000 PMCATEE,AMANDA NAOMI 335 HUALI WAY Map a 230480256000 PYOSHIDAIAMES MASAO 373 HUALI PLACE Mao YOSHIDAMERLE MASAE NISHIDA a 230500110000 PPATAO,BENJAMIN VENTURA 331 OHUKEA STREET My2 a FEROLINOARLENE SORIANO J�,"� 230500120000 PWOO.FRANCISH/GENEVIEVE P FAMILY TRST 327 OHUKEA STREET MN U 230500140000 PHUITTHADLEY HENRY 325 OHUKEA STREET Mtp 'Y 230500770000 P COUNTY OF HAWAII 327 OHUKEA STREET MaQ 230370010000 230370060000 230370180000 WAILANI DEVELOPMENT LLC KBXTREME HILO LLC KUALOA RANCH,INC 670 PONAHAWAI ST STE 214 75-5591 PALANI RD STE 3W8 PO BOX650 HILO H 96720 7830 KAILUA KONA HI 96740 3633 KAAAWA HI 96730 0650 230370190000 230370220000 2304,3005010 SW ENTERPRISE LLC HIGA,JON G H BENTO,RONALD K 849 KUKUAU ST 283 KOMOHANA ST PO BOX 248 KILO HI 96720 6054 HILO HI 96720 6039 PEPEEKEO HI 96783 0248 230430050000 2304300550000 230430180000 YOlN1G,VERN4 H L ETAL YOUNG,VERNA H L KAFW,TROY JOSHUA GO YOUNG,KENNE01 C PO BOX 224 333 MANELE LN PO BOX224 HAKALAU HI 96710 0224 HILO H 96720 2627 HAKALAU HI 96710 0224 230440190000 230480150000 230480160000 WAILANI DEVELOPMENT LLC HERODIAS,RCBERTJ SMALLWOOD,SUPAPORN 670 PONAHAWAI ST STE 214 87-1029 HAKIMO RD APT A 334 HUALAN WAY HILO HI 96720 7830 WAIANAE H 96792 3564 HILO H 96720 0000 230480170000 230480170000 230480180000 DE LUZ,BRANDON B DE LUZFRANK III FAMILY UMITED PARI: DE LI.ZFRAN( III 332 HIALI WAY PO BOX 312 330 H1ALI WAY HILO HI 96720 2616 PAAUILO HI 96776 0312 HILO H 96720 2616 230480190000 230480200000 230480210000 ENGELHARD,P G TRST BECKTEL,KENNETH J C TRST NAKAGAWA,ELLEN TRST 324 H1ALI WAY 320 H1ALI WAY 1180 MILILANI ST HILO HI 96720 2616 HILO HI 96720 2616 HILO H 96720 5050 230480220000 230480230000 230480240000 NAKAGAWA,COLIN TRST ABRIL,N&NCY H TR MCATEE,AMANDA NAOMI 1790 KALANIANAOLE AVE 323 HUALI ST 335 HUAU WAY HILO HI 96720 4916 HILO HI 96720 2616 HILO H 96720 2616 230480250000 230500110000 230500120000 YOSHIDA,JAMES MASAO PATAO,BENbAMIN VENTURA WOO,FRANCIS HGENEVIEVE P FAMILY PO BOX 5377 331 OfiKEA ST PO BOX44376 HLO HI 96720 8377 HILO HI 96720 6010 KAMLELA HI 96743 4376 230500140000 HUITT,HADLEY HENRY 325 OHUKEA ST HILO H 96720 6010 REZONING (ORDINANCE NO. 10 19)TIME EXTENSION REQUEST DR BRIAN SUGAI PONAHAWAI,SOUTH HILO,HAWAII,TMK: 2-3-037: 019 1. NATURE OF REQUEST The Applicant, Dr. Brian Sugai,applied for and secured a zoning change of the subject property to allow the development of an approximately 20,000 square-foot,2- story office and residential structure. When completed,the Applicant plans to relocate his medical practice to the subject site,while providing office space for rent or lease by others. Space for a possible residence within the structure is also being contemplated. There is also a 20,000+ square foot area for another building on the subject site. The rezoning ordinance,Ordinance No. 10 19, which became effective on March 18, 2010, was approved subject to a number of performance conditions. (Exhibit A) Specifically, Condition D required completion of the project within five(5)years from the effective date of the subject ordinance. Condition T also authorized the Planning Director, upon request,to grant an additional five(5) years or March 18, 2015, to complete the project. While considerable land use and construction-related entitlements were secured within the five (5) year window, no significant physical construction activity on the site occurred until this year. Understandably, even with an administrative extension to March 20, 2020, a time extension would still be required, as the project is not completed. That renders the status of the CN-20 zoning in `limbo"and, in turn, potentially jeopardizes occupancy of the structure. As such, the Applicant is requesting a five(5)year time extension from the effective date of this amendment to complete the project,with the possibility of an administrative extension. Concurrently,the Applicant is seeking approval of the administrative extension,retroactive from March 18, 2015 to March 18, 2020. Hence,lthe 5-year time extension request would begin from 2020 instead of 2015. II. PROJECT LOCATION The subject parcel consists of 43,560 square feet. It is located in the Ponahawai area of the City of Hilo. More specifically, it is situated on the east or malrai side of Komohana Street, immediately north or Hamakua side of the Alenaio drainage channel. The site is also approximately 700 feet south or Puna-side of the Komohana Street-Ponahawai Street intersection and approximately 300 feet north or Hamakua- side)of Huali Place. (Figure Q 1 III. PROPOSED DEVELOPMENT AND STATUS As noted earlier,the Applicant planned to construct a single 20,000+/- square foot, 2-story office building to accommodate his medical office as well as provide office space for rent or lease. An area for a residence within the structure is also being contemplated,as well as an area for a future building. Due to cost considerations, the Applicant decided to reduce the size of the structure. Along those lines, Final Plan Approval was approved by the Planning Director on June 8, 2011 for an 8,900+square foot,2-story structure with 36 parking stalls,two (2)of which were ADA accessible. (Exhibit B). Although a building permit was subsequently issued on November 7, 2011 (Exhibit C), due to cost considerations and with the economy just coming off a recession, construction was delayed and that plans were aborted. The Applicant subsequently submitted revised plans. (Exhibit D)Although approved(A2013-B1100420)by the Building Department on August 5,2014,issuance has being withheld pending identification of a contractor and payment of the required fee. Concurrently with the processing of the building permit of the revised plans,a site work grading permit was issued on December 15,2014(Exhibit E) While some site work occurred shortly thereafter,misunderstandings occurred between the Applicant and the then contractor,resulting in a lengthy litigation. Understandably,construction was suspended during this time, and the building permit was never issued. However, with the litigation behind, the Applicant retained another site contractor. A new grading permit was issued on October 18, 2019(Exhibit F)and work commenced. The Applicant hopes that with the approval of the time extension, the building permit can be finalized and work on the vertical and commence shortly thereafter. The goal is to have the project completed within 24 months of final approval of the extension request or no later than the early part of 2022. IV.REZONING CONDITIONS As noted earlier,the subject area was initially rezoned into the CN-20 district on March 18, 2010,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 Applicant intends to develop and comply with all pertinent conditions and any amendments thereto of this rezoning ordinance. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage 2 calculations as recommended by a registered engineer, and a daily water commitment deposit in accordance with the "Water Commitment Guidelines Policy"to the Department of Water Supply within one hundred and eighty (180)days from the effective date of this ordinance. This has already been addressed and accommodated, enabling the issuance of the initial building permit for the project. C. The applicant shall install a reduced pressure type of backflow prevention assembly within five (5)feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply. This is reflected in the construction plans for the pending building permit. This will be completed prior to the issuance of an occupancy permit for the building. D. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director... Plans shall idents structures,fire protection measures, paved access and loading zones. Landscaping shall be indicated on the plans,for the purpose of mitigating any potential adverse noise and visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17(Landscaping Requirements). As noted above, Final Plan Approval was issued on June 8, 2011 (Exhibit B) and the corresponding building permit issued on November 7, 2011 (Exhibit C). However, while only limited site work was done, construction of the structure has not commenced. As such,the Applicant is requesting a 5-year time extension from the effective date of the amendment to complete the structure. E. Development of the properly shall be designed and constructed in a way to minimize obstruction of the scenic views of Hilo Bay and the Puna shoreline from Komohana Street. This has been addressed in conjunction with the review and ultimate approval of the plans via the Plan Approval process. F. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide full improvements to the property's frontage along Komohana Street consisting of; but not limited to,pavement widening with curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. 3 The civil construction plans reflect these improvements fronting Komohana Street. (Exhibit G)These will be completed prior to issuance of the Certificate of Occupancy. G. Access shall be through Road and Utility Easement RU-11 at Komohana Street and shall be limited to right-turn in and right-turn out movements only. The access connection to Komohana Street shall conform to Chapter 22 (County Streets)of the Hawaii County Code. Prior to the issuance ofa Certificate of Occupancy, the applicant shall install "no left-turn"sign(s) and a triangular-shaped raised concrete barrier at the property access to prevent left-turns into and out of the access driveway. All improvements shall meet with the approval of the Department of Public Works. This restriction is reflected in the approved civil construction plans for the project. (See Exhibit G)The required improvements will be completed prior to issuance of the Certificate of Occupancy. H. Should the applicant submit plans to develop a land use beyond what is proposed in the application, which the Planning Department in consultation with the Department of Public Works determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TZAR)shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement when required by the Department of Public Works, at no cost to the County, any transportation improvements deemed necessary by the Department of Public Works. It was determined that no TIAR was needed and hence, Final Plan Approval was issued. (See Exhibit B)Should a revised or a new Plan Approval be required for any additional structure or improvements to the already approved one,the Applicant will comply accordingly. I. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed by the applicant These are reflected in the approved civil construction plans associated with the pending building permit plans. The applicant will make those improvements prior to issuance of the Certificate of Occupancy. J. The applicant shall install wastewater disposal system(s) meeting with the requirements of the Department of Health prior to the issuance of a Certificate of Occupancy. Like the streetlights and traffic controls,the system is reflected in the pending building permit plans. The plans reflect the use of a septic system. The Applicant will complete the approved system before the Certificate of Occupancy is applied for. 4 K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to Plan Approval. The plan was approved on April 18, 2011. Please refer to the approved Plan Approval (Exhibit B). L. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. Appropriate plans were prepared, submitted,and approved in conjunction with both the Plan Approval and building pennit processes. The required drainage system to accommodate project-generated water will be contained on-site probably through a system of drywell(s)and will be completed prior to issuance of an occupancy permit for the project. M. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. This has and will continue to be complied during the construction phase of the project, consistent with the approved grading permit(Exhibit F) N. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires a NPDES permit for certain construction activity. This will be complied with during the construction phase of the project. 0. Should any remains of historic sites such as rock walls, terraces,platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources—State Historic Preservation Division (DLNR-HPD)shall he immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. This requirement will be adhered to by the Applicant and its contractors. P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office 5 of Housing and Community Development prior to final plan approval or final subdivision approval for any residential sstructures. The Applicant will comply with this requirement should the project reach the affordable housing requirement threshold of five(5)or more units. At this point,the Applicant is proposing only one(1)residential unit, which is below the threshold. Q. If the applicant, successors, or assigns develops residential units on the subject property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the project 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 the amendment to the ordinance, based on a percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of S7,698.1 I per multiple family residential unit($11,996.63 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition... . 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 consultations with the appropriate agencies and approval of the County Council. Based on the approved Plan Approval,the Applicant is proposing only one (1) residential unit. Since the first unit is exempt,the fair share requirement was not imposed. In the event additional units are proposed, the Applicant understands that they will be subject to this requirement. R. 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. S. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 6 This has and will continue to be complied with by the Applicant and/or its successors or assigns. T. An initial extension of time for the performance of conditions within the ordinance may he granted by the Planning Director upon the following circumstances. I. 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). 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 Although the Plan Approval and building permit were approved and limited site work was done within the 5-year window,the Applicant regrettably did not apply for the additional 5-year administrative extension. Further, even if such an extension were granted,the project completion would still not have met the March 2020 deadline. As such,the Applicant is requesting a 5-year administrative extension, retroactive to March 2015 to March 2020 and concurrently,a rezoning time extension of 5-years, with the prospects of an additional administrative extension. V. JUSTIFICATION OF REQUEST Condition T of the rezoning ordinance(Ordinance No. 107 19)outlined three(3) circumstances whereby 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 the 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. 7 The applicant had retained the services of appropriate design professionals, and construction plans were developed shortly after the rezoning was approved. These included plans for Plan Approval, Building Permit, and Grading Permit. However,the heavy demands of the Applicant's medical practice precluded a more focused attention to this project,resulting in having misunderstandings with the initial contractor and a subsequent lengthy litigation. Concurrently, the Applicant also had to find ways to refinance the project. This came at a time when Hawaii and the rest of the world were trying to recover from a major economic global meltdown and the financial crisis that began in 2008. This added to the difficulty in securing the timely refinancing of the project after expiration of the first 5-year construction window. Undaunted, however,the Applicant started to redesign the project with a new architect and work with a different contractor to arrive at a cost within its budget. The revised plans have been approved by the County, and its building permit is being withheld pending identification of a contractor and payment of the filing fee. This will be done immediately upon approval of the rezoning time extension. During the interim,the Applicant has authorized the contractor to do only the limited site work. It is thus self-evident that the Applicant intends to do the project and hopefully have it completed within the requested 5-year window. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was rezoned, there has not been any significant land use regulatory change in this area. The Hilo Community Development Plan has not been updated, and thus,the only relevant planning policy document still rests with the County General Plan. The proposed request is still not contrary to the General Plan's Land Use Pattern Allocation Guide(LUPAG)Map that defines the subject property and its immediately surrounding area for 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. Most notably, the proposed Wailani Project is situated west or mauka of the subject site, while the Ka Waena Lapa'au Medical complex is located at the intersection of Ponahawai Street and Komohana Street. Along Ponahawai Street and less than five hundred(500) feet away,there is a new medical office and physical therapy office. 8 Concurrently, it 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. Policies • 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 medical 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 residential, commercial,and business areas, making the site accessible to these uses. Further,because of the types of use(medical and general office)and its small-scaled 9 nature,the requested project should be consistent with the evolving land use pattern in this area, while making it convenient for the region and surrounding neighborhoods. 2. Land Use Element(Commercial? Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities,and neighborhoods. Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water,utilities,sewers,and transportation systems. Should such services not be available,the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood,community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments. 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. • 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. 10 • Preference shall be given to commercial lands with a reasonably level topography. Discussion As the City of Hilo and its surrounding area continue to grow, there will be a need for more office space. However,not all office uses need to be in large structures. Smaller structures in areas of transition—such as here— would be appropriate. From a visual and infrastructure perspective,the proposed project would not overwhelm the surrounding area. The subject site also fulfills other policies and standards articulated in the General Plan.The site is already serviced by adequate infrastructure, and where there are not, will be extended and/or provided by the Applicant. The County water line is already available to the subject site. Police and fire protective services are available within a 5-minute response time. As such,this project should not require addition public services to be provided. The site does not have any on-site development constraints. The land is relatively level and is designated "X" on the FIRM map,with a small portion"AE". No improvements are anticipated within the AE area. Further,because office use is not noxious, potential pollution concerns would be minimal, if at all. Being cleared in the past for some agricultural activities in the past, the prospect 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. In conjunction with the issuance of the grading permit,the State Historic Preservation Division concluded that "no historic properties will be affected by this grading permit." Because of the proposed scale and type of use,the request would be generally compatible with some residential uses to its south, yet compatible with the proposed and existing commercial uses situated west and north of the subject property. To further mitigate potential visual and noise impact, landscaping will be provided within and along the property's boundaries. Finally,the standards for an office 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. 11 The reasons for approving the rezoning of this site were articulated in the Planning Commission's recommendation to the County Council(Exhibit H). The reasons,in summary, and their relationship to the present, included: • Consistency with the County General Plan LUPAG map and Goals and Policies. • Furtherance of the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase occupational choices. This is still a goal of the County. • Site's positive physical and locational attributes which meet the commercial needs in the context of the medium density designation of the County General Plan. This is still applicable today, as there have not been any amendments to the General Plan. • Availability or provision by the Applicant of all essential utilities and services. The discussion relates to the improvements to the roadway right-of-way, wastewater system, and the like. • Site not having any resource issues, such as archaeological, drainage, botanical,or avifaunal. It is thus maintained that the reasons used io support the existing CN-20 zoning still apply to the requested time extension. It should be noted, however, that since the CN-20 zoning was approved in 2010,the only substantive change to the Zoning Code was the adoption of the concurrency provision, Section 25-246 and its amendment in 2011. 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 9,000+/- square foot 2-story structure would generate less turning movements than a retail shop. According to the Institute of Traffic Engineering manual (the manual used by traffic engineers in preparing Traffic Impact Analysis Report), the AM/PM trip generation for office use is 1.49 trips per 1,000 square feet. Thus,for a maximum 9,000 square foot office building, the projected movements would be no more than fourteen(14)movements. Thus, the projected use does not reach the TIAR`threshold". County water for the project is still available from the 14-inch line fronting Komohana Street. That is adequate to address the fire flow requirements. 12 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. 13 ; ,. COUNTY OF HAWAII ' r_ STATE OF HAWAII 10 19 RILL NO. 196 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-5-33 (my OF HILO ZONE MAP), ARTICLE S,CI IAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),BY CHANGING TI FE DISTRICT CLASSIFICATION FROM AGRICULTURAL—ONE ACRE(A-ta)TO NEIGHBORHOOD COMMERCIAL--20,000 SQUARE FEET(CN-20)AT PONAHAWAI. SOUTH HILO. HAWAII,COVERED BY TAX MAP KEY: 2-3-037.019. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII. SECTION L Section 25-8-33,Article S,Chaptcr 25 (Zoning Code)of the Hawaii County Code 1953 (2005 Edition), is amended to change the district classification of property descnhed hereinafter as follows: The district classification of the following arca situated at Ponahawai.South Hilo, Hawaii,shall be Neighborhood Commercial 20,000 square feet(CN-20): Beginning at a point at the southeast comer of this parcel of land being also the southwest comer of Lot 13-B and at the easterly side of Komohana Street,the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAL being 1.99529 feet South and 120.78 feet east and running by azimuths measured clockwise from true South: Thence,along the easterly side of Komohana Street along a curve to the right having a radius of 2,960.00 feet, the chord azimuth and distance being: 1. 1590 31' 41" 144.18 feet; 2. 249` OS' 264.20 feet along Lot 13-A-2; 3. 3350 03' 169.95 feet along lot 13-A-2,to a point in the middle of Alenaio Stream; -1- EXHIBITA 4 45' 27' 85.73 feet along the middle of Alenaio Stream. being also Lot 20.Komohana Heights Subdivision; 5. 135° 27' 59.36 feet along Lot 13-B: 6 70° 54' 175.03 feet along Lot 13-B to the point of beginning and containing an area of 43.560 square feel. • All as shown on the map attached hereto,marked Exhibit"A"and by reference made a pan hereof. SECTION 2. In accordance with Section 25-2-44.Hawaii County Code 1983(2005 Edition),the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health,safety and welfare;or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to- (A) Protection of the public from the potentially deleterious effects of the proposed use,or (B) Fulfillment of the need for public service demands created by the proposed use. A The applicant(s),successors or assigns shall be responsible for complying with all of the stated conditions of approval. It Pnor to the issuance of a water commitment by the Deportment of Water Supply.the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer.and a water commitment deposit in accordance with the"Water Commitment Guidelines Policy'to the Department of Water Supply within 180 days from the effective date of this ordinance. C The applicant shall install a reduced pressure type hackUow prevention assembly within five(5) feet of water meter on private property.which must he inspected and approved by the Department of Wader Supply. U Construction of the proposed improvements shall be completed within five(5)years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with Section 25-2-70,Chapter 25 (Zoning Code),Hawaii County Code. Plans shall identify all proposed sinuturds),fire protection measures,paved driveway access.parking stalls and loading zones. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17(Landscaping Requirements). F.. Development of the property shall be designed and constructed in a way to minimize obstruction of the scenic views of Hue Bay and the Puna shoreline from Komohana Street. P. Prior to the issuance of a Certificate of Occupancy,the applicant shall provide full improvements to the property's frontage along Komohana 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. C; Access shall be through Road and Utility Easement RU-I 1 at Komohana Street and shall be limited to right-turn in and nght-nine out movements only. The access connection to Komohana Street shall confomi to Chapter 22(County Streets)of the Hawaii County Code. Prior to the issuance of a Certificate of Occupancy,the applicant shall install"no left-turn"sign(s)and a tnangular-shaped raised concrete barrier at the property access to -3. prevent lett-turns into and out of the access driveway. All improvements shall meet with the approval of the Department of Public Works. H. Should the applicant submit plans to develop a land use beyond what is proposed in the application,which the Planning Department in consultation with the Department of Public Works determines will generate over 50 peak hour trips,a Traffic Impact Analysis Report(TZAR)shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement when required by the Department of Public Works,at no cost to the County, any transportation improvements deemed necessary by the Department of Public Works. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works,shall be installed by the applicant. ). The applicant shall install wastewater disposal systems)meeting with the requirements of the Department of Health prior to the issuance of a Certificate of Occupancy. ti A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to Final Plan Approval. I. All development-generated runoff shall he disposed of on-site and shall not he directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements. if required.shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. M. All earthwork activity shall conform to Chapter I0. Erosion and Sedimentation Control. of the I Iawai`i County Code. -4- N. Comply with Chapter 11-55, Water Pollution Control, I lawai'i Administrative Rules, Department of Health.which requires a NPDES permit for certain construction activity. O. Should any remains of historic sites,such as rock walls,terraces,platforms,marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources- State Historic Preservation Division (DLNR-SHPD)shall he immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented. the applicant shalt comply with the requirements of Chapter 11,Article I, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval or final subdivision approval for any new residential structures. u� If the applicant, successors,or assigns develops residential units on the subject property, the applicant shall make their 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 Consorter Price Index(HCPI). The fair share contnbuhon shall have a combined value of S7,698.I 1 per multiple family residential unit(SI 1,996.63 per single family residential unit). The total amount shall he determined with the actual number of -5- 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 he allocated as follows: I. $3,797.26 per multiple family residential unit($5,754.99 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $120.01 per multiple family residential unit($279.07 per single family residential unit)to the County to support police facilities; 3. $369.17 per multiple family residential unit($551.20 per single family residential unit)to the County to support fire facilities; 4. $164.54 per multiple family residential unit($241.32 per single family residential unit)to the County to support solid waste facilities; and 5. $3,247.12 per multiple family residential unit($5,140.06 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 andior construct improvements/facilities related to parks and recreation, 6rc,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 County Council R - Should the Council adopt a Unified Impact Fees Ordinance setting forth cnteria 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. The applicant shall comply with all applicable County,State and Federal laws, rules. regulations and requirements. -6- An initial extension of time for the performance of conditions within the ordinance may be gained 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 masons 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 ti.e.,a condition to he performed within one year may be extended for up to one additional year). S, If the applicant should require an additional extension of time,the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may Initiate rezoning of the subject area to its original or more appropriate designation. SECTION). In the event that any portion of this ordinance is declared invalid.such invalidity shall not affect the other pans of dus ordinance. SECTION 4. This ordinance shall take effect upon us approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Him , Hawart Dale of Introduction: February 18, 2010 Date of 1st Reading: February 18, 2010 Date of 2nd Reading: March 3, 2010 Effective Date: march 18, 2010 REFERENCE Catty. 672 -8- �� + R(A 55 • lo • PM-4 \ A 1 3 O Z Z AIR V 111)+341 al IIOQLIYTRPU.-IACRE.14 /' rRlRIlARCOR011BC4- /� mono s) / A V / ,J RSV 5 i - w-bR-47 5 IssenRS)9 +� • wants RSTb YF 1414rRS)3 -\ \ / I R5-75 / 4 R.S4� S, •• --7 / PD 55.10 - 5 R )5 // R5A5 �4 R5]S R5-10I F R5.)5 • .R.5-10 RSN RS>3 `• RSP" Cteh5 • Rf.10 . o� RS->S q RS)5 1�} gyp / R110 'bn 0.5525 rfS�3 9t s R510 S,1{A/1 0.590 0.S i RS)5 % a Feet 0 150 300 600 900 1.2W AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY CODE 1083(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRE (A-1a)TO NEIGHBORHOOD COMMERCIAL- 20.000 SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAII MAP PREPARED BY: I nn aa)r+5 COUNTY OF HAWAII, PLANNING DEPARTMENT are July PO_wa EXHIBIT^A" 51414 3¢R 12-D OH-ICI 01 Tui. CIN IV CLERK Count> of liawai 1 (,�J1�.�L7�p 7 p 1n Intr utJII. _oca_d Iicedd __ It17LCC'YLl )till 1 i9 .. 1 Roo Inirndu..J February lb2010 — ANL S F1, M1OES ABSE\ I IIr.I Rcxlm_ Febrear 18 2010 EndowI xCU7h'1 e I'1 i�� l I'ubI hcI PCDruerT 27. 20:0 ' IS.:J i I 1 Greene'cll X Kt II 1(fA.t Iloliann X . — I I[c.j :( _._. __ _.. . _ _. _ Nacolc-Beason X I ' -- .-_ OnI>I X .._. __ Yupmm Fo,hmmp+ -. X SreInJ RI..IJnp_• March 3, 2010 _ ... _ 8 1 - I 0 to Ma' ., :aarcb L, 2010 March 18, 2010 RdumcJ - ROIL. CAI L"011 1 6rt.<u., March 18, 2010 — \\Ts NOES All':. I IX 1 1'ubl:shed March 25, 2010 _ Empuo X -- - ... Ford X RI i tUNAS - X .__.. .. _._._ -- . Cayenne!! - Ilol7mann X _. _._. .. . a_._. ._ IA.dX . -_ _ ___ __ _____ ...— Nacnlo-lkvwnl X ymg• .._. Ya ,'oalumola is I a a r _ /1)011ERLB -(ER77h1Thur the hiregutiw all I. wiry a lapmd hi the Cotmn.('diener!puhhn eil ai oe APPph APPROVROVED AS TO FOR AND LEG ITV: .YN.t('!It' 111w I% D CO PORATIO OUNSEL 1 COU OF HAWAII ' `N ilc r)(' 'T1'CLERK Date _MAR 1 2 7010 va Bill No 1'6 / - r,i do, t i `~ R r m.. C.672/ C-6. c ',,'I• IniU J, aur t,t,. _o l0 Ord W. 10 .19 It num con \11-ii!- 11J1F-II'1 William P. Kenos " ' 4;. BI Leithead Todd 5tnon, Oven. �. _ �_•! ...r Margaret K. Masunaga Peon)• County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Sven.Sant 3 • F111o,Hawl l 9640 Phone(KM 961 8288 • Fa•(8081961 8747 June 8, 2011 Mr. Yen Wen Fang Engineering Partners, Inc. 455 E. Lanikaula Street Hilo,HI 96720 SUBJECT: FINAL PLAN APPROVAL(PLA-11-000734) Professional Office and Single Family Dwelling TMK: 2-3-037:019;Ponahawai,South Hilo,Hawaii Dear Mr. Fang: We have reviewed the above-described plans for the Professional Building/Office and Single Family Dwelling pursuant to FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL for your files. Please be aware of the conditions of approval that are pan of this FINAL PLAN APPROVAL for the subject improvements. These conditions, which are listed on page 2 of the FINAL PLAN APPROVAL document, must be complied with prior to the occupancy of the proposed Professional Building/Office and Single Family Dwelling. Should you have any questions, please feel welcome to contact Larry Nakayama of this Department. Sincerely, BJ LEITHEAD TODD Planning Director LHN: nci (}\Plan Approvals\2VPLA-II-UXID4SugaITMK2-3-037-019Lcner.doc Enclosure: PLA-II-000734 Form.doc xc: Planning Commission Division (USE 46) lim.m 1 C 01012 a an Equal Opp,nonrn Pro vier and imp/me: EXHIBIT B FINAL • PLAN APPROVAL (PLA-11-000734) • • APPLICANT: DATE APPROVED: Engineering Palmers,Inc. June 8, 2011 LOCATION: TAX MAP KEY: Komohana Street; Ponahawai,South Hilo. Hawaii 2-3-037:019 PARCEL AREA / PROJECT SITE AREA: ZONING: 43,560 sq.ft.(1 Acre) Neighborhood Commercial-20,000 S.F.(C9-20) PROPOSED USE: Professional Building/Single Family Residence As Shown on Plan Comments Front Yard (Komohana Street) ± 198.72 feet _ OK, 15'-0" Minimum required. Rear Yard (East) ± 19.38 feet OK. 15'-0" Minimum required. Side Yard (North) ± 10.7 feet OK, None required. Side Yard (South) ± 63.9 feet OK, 10'-0" Minimum required. Ht. of Structure: 36' -4.5" OK, 40 feet Access to parking Paved driveway off of OK. Must meet with the requirements of the Komohana Street Department of Public Works. Off-Street Parking Total Stalls: 36 Stalls shown OK, Total floor Area: 8,967sf/300 sf=29.89 stalls of which 2 stalls are ADA accessible and one stall is or say 30 stalls; 2 additional stalls for single ADA van accessible. family dwelling. Total stalls required: 32 stalls of which two shall be ADA accessible with one stall being ADA Van accessible. Loading and Unloading Parking None Shown OK, Sufficient loading and unloading area available Density N/A _ OK. Fencing and Walls: None Material: Height Location • Final Plan Approval (TMK: 2-3-037:019) June 8 2011 Page 2 of 2 Landscaping: See attached Landscaping Plan OK, Complies with Rule 17 County of Hawaii Rules of Practice and Procedure (See Condition 1) Others Tax Clearance OK. Per letter from RPT dated April 12, 2011 Drain:a Stud OK, DPW approval letter dated January 25. 2011 Solid Waste Management Plan OK. Approval Letter dated April 18.2011 REZ 09-000101 (Ord. No. 10-191 OK. Approved March 18, 2010 Conditions of Approval: 1. Approved landscaping shall be installed in good condition prior to the issuance of the Certificate of Occupancy and shall be maintained in good health and with no accumulation ofplant debris or litter thereafter. 2. Approved parking to be paved,striped,and appropriate signage installed prior to issuance of the Certificate of Occupancy. 3. ADA van-accessible space shall be 9' wide by 18 feet deep, with an 8'-wide acres¢aisle. 4. An accessible pathway from the ADA accessible parking spaces to the main entrance of the building shall have a clear width of 36"and a slope not exceeding 2%in accordance with Section 25-4-55 of Chapter 25.Hawaii County Code. 5. Applicant shall comply with all conditions setforth in Rezone 09-000101 (Ord.No. 10-19)- 6 Applicant shall complv_with all other applicable laws,rules,regulations and requirements of Hawaii County. Plannuig Director Date June 8,2011 o:lplan approvals\2lpla-11'000734sugaiunk2-3-037-OI9form.doc ®, A T Tf _ „?.il P.. Permit Information TMK 230370190000 To Be SHELUOFFICE Permit Type Building Occupied Permit B2011.0940K Woof 2 Number Stories Permit Issue 11107/2011 Maj El Area 10092 Date Acc Fl Area Owner SUGALBRIAN Sewer Type Septic System Name Plumb Owner WANG-SUGAI:NING:75.170 HUALALAI ROAD SUITE Fixtures Address I/B1051KAILUA KONA HI 96700 Lot Lessee Flood Zone Tenant Bld Div NEW 2 STORY OFFICE BUILDING SHELL AND TENANT Name Remarks IMPROVEMENT ON LOWER LEVEL FOR DR.SUGAI MEDICAL Plans BY TERRYKDUNAP OFFICE AND TENANT IMPROVEMENT ON UPPER LEVEL FOR Link Bldg DR.SUGAI APARTMENT LOWER LEVEL WITH MENMOMEN Perm No BATHROOM.ELEVATOR,ELECTRICAL EQUIPMENT Link Elec ROOM,EXTERIOR STAIRTOUPPER LEVEL.UPPER LEVEL Perm No WITH ELEVATOR AND STAIRWAY TENANT IMPROVEMENT Link Plum FOR DR.SUGAI MEDICAL OFFICE WITH RECEPTIONIST Perm No ARG,WAITING AREA3 EXAM ROOMS$URGERV ROOM, Contractor 21033 DOCTORS OFFICE,MEDICINE STORAGE,STAFF TOILET. tic No SURGEONS HANOWASH AREA AIR CONDITIONING.TENANT Contractor IVAN MOCH.DA CONTRACTING INC IMPROVEMENT FOR SUGAI APARTMENT WITH LIVING, Name DINING.KITCHEN.MASTER BEDROOM,GUEST Supplement BEDROOM/OFFICE,2 BATHROOMS.LAUNDRY,COVERED To LANAI.5O1.AR WATER HEATING SYSTEM WITH PANELS ON Scope of New ROOF RETAINING WALL UP TO 1.1i-H.(PHASE 1OF A2 PHASE Work PROJECT)07-07-f:PER T DUNLAP-JAI ADVISEDTO CREATE Desc of NEW 2 STORY OFFICE BUILDING SHELL AND TENANT APPLICATION WITH SHELL AND TENANT IMPROVEMENT-AD Work IMPROVEMENT ON LOWER LEVEL FOR OR.SUGAI MEDICAL 03/16/2012:RECEIVED LETTER REQUESTING A CHANGE TO OFFICE AND TENANT IM PROVEMENT ONUPPER LEVEL FOR CONTRACTOR OF RECORD.LETTER FORWARDED TO HILO OR,SUGAI APARTMENT.LOWER LEVEL WITH MEN/WOMEN BUILDING DIVISION. OS-owner requested to cancel permit BATHROOM,ELEVATOR.ELECTRICAL EQUIPMENT 13/15/13),wif obtaina new building permit for smaller structure. ROOM.EXTERIOR STAIR TO UPPER LEVEL.UPPER LEVEL VOID PERMIT Fats) WITH ELEVATOR ANDSTAIRWAV. SE Project 293KOMOHANA STREET AR AR Address CE Est Cost of 1500000 Work Est 9/30/2012120100 AM Completion Date Present Use Units The Co-My of Ii Property RRe a rfon to R..Jcc_the rost accroR7:-.hrrat on poss,blew D_wNope]W rmpliedarc oroi aeG tort.e ds.a hore.1 iliRseo, rt at on.T._-am macm,.s cor -re ��.SC Y A . e.cote. h cane er Pri /Pa. GDPR racy Notice L Dat Data Ucioad.2252020.227'.51 AM EXHIBIT C _ oi ''- isii 1 V y0 \ X J r 3 z , s /_ a CC t- \ / a il' Kp` pNPp1P SZ EXHIBIT D I F - iv▪ -All-I,-. ,• I II ' _ _ J Mild d0Old d3M01 ▪ �In'gill'4 ij ervia�mswrvoiss3saaa Ivens F , 3 VI ' t C ' I; — r 3, i $ I 3a u - s c" . .—___ J _ l.' wz , 1 $ - ©i1� IS C O 4 . ,., = FL -0.7,70-;-.-.-7- 1- I 7. -0 - - _ z i I I ° ` .- - _ O �� 11 9- O C I���, iti # 4_ - I4 -v "� Is _{§}1— 3/ F` Q Z r 11 h t Y1 y s 4----:'vi . m. < G 3 i491�11i Yi i - o iavne 7;;NoIss3i0aa nrons L j uvtd aooi�a3ddn 9s � j - - S 1 -- — <•, I _ llI : ;--.- � ;__ ��-- - ). 0 O,, 7 i I I =a3 E3 Ih. � v� -Li' , _ _ �... .�. sNOLLYA 13aaa31b wOime weOiss3eoae mons L-5575; 5 r /� �H v / _ T II ��I , ,, fi OE — II- - _ -=-___ _-= O I I . ' I� � County of Hawaii i /� 9,33DEPARTMENT OF PUBLIC WORKS :o GRADING PERMIT NC. 05l Fee Eo0J�00 SW E 'en.rise_LC A -_- - c r a a wai 5 S 203 Phone ov.ner _. _. _._ . _ _._ _ . _ . rro. H.:..ail 93-(20 C�,I Eng -surcuvol ren Wer F:r _.. . n'keola St .9 ..._ Phone 13 , y Eg neenng Partners. mc. H.o, 1 wei:56720 t.censf Ni 9361-C Con'20"Jr 7 n Phone Licence Ne _ _ _ _ : ocation 293':orronaa Street,n lc r 1 _z Map Ke/ --"r �.� Cu' (Cv) 1200 -_.. Graez^ "aca 3Jer_ _ rpo= . Site. EMLinated Starting Date. M... S2.2614 \P-IPai a} ., alro C e,- D=.'e ,o. 9. 2015 Fill ICY): 1575 fnim:mum 2 working days after"ssua'ce hate; Bo; ow Site' p ,, a. s Rough qr ding a.:s P r. ,for 3 IV.,r s _. _ :a to a dry - Pho'a ..2'.'-a0 72tx . .,-3c53 I nSTATE DLNR- HISTORIC PBESERVAT ION G!V!SION Pperovet! CSee_ 44-acke_cA)Date ll- Itk-li-{- I ISEV.on;re Hawaii or Nafstel Regis -ct HIstori,.Pace- _ . - ' - pawl fw enritNr✓. a t 2 $ PL_PNNiNG D -PARTMENT '41- I1)yy19 itI"S249- a k {goy"4s kecevee Sy t Rtc 2-3 41>6Dare kg: 11114 3_ © DEPARTMENT OF PUBLia W ORFS Ropro.atl for Permit Issuance. Rac3ivetl Fjf: ) `�"(1.Cln'v l/:' :;c`i. 1 `t;;l$ J' t✓hd_-.. Dote t$tsIli- I r ereby certify that al: work cs r-q d a ave will anfmm to C haoter 10 of the Hawall. County Code A IiNR AS LEGAL AGENT f . A ' BEHALF Uf THE LJ�tl t�t\�. � DWG /042 8/`f / Rem.n to ;he UPnartrcent of Pubic Works, Engineering Division upon completion o, wogs. CP f: i;._r Act .p...: Dale. sartor eg ee EXHIBIT E Rev II/01/20in County of Hawa(i DEPARTMENT OF PUBLIC WORKS- ENGINEERING DIVISION . _A 044s _ Ni el _ S �a At, 3_ uta GRADING PERMIT NO. GIs l --. __— ) £ -c _ 0 To ( Le" ) Fees 1 �j`.� -55 (p Check only-payable to: (Xt)p p 9 1\ ' ). County Director of Finance Owner. SW ENTERPRISE LLC Address. 101 AUPUNI STREET*238 Phone: (808)640-0710 ----- — HILO, HI 96720 ----- Civil Eng, /Surveyor: YEN WEN FANG Address. 455 E. LANIKAULA ST Phone: (608)933-7900 License No..9361-C HILO, HI 96720 Contractor. GENE HENNEN Address 417 Kalanikoa ST. Phone (808)935-9662 License No.- Br )a b 6 t HILO, HI96720 tom) Location 293 KOMOHANA ST. HILO , HI Tax Map Key (3) 2-3-037: 019. Cut(CY): 1.20O or Parcel Area(acre). 0.9 AC Area to be Graded (acre).0.6 AC Disposal Site. Start Date-4401/,-047-241-9 1O S-Is Completion Date b' i0-1 ) Fill(CYI: 15757 a (minimum 2 working days after issuance date) Borrow Site: Remarks Sub grading and rough site work for a two-story professional office building (KEfeR 10 Grav)uGye l-kkT No, 05ct3i) 1`-ShME C Pc oP WOCK Submit to: DLNR.Intake.SHPDAHawaii.pov 1. STATE DLNR-HISTORIC PRESERVATION DIVISION Approved. L a NO 201'f.0945Z6 Received By Date WG JIG: 11-111SNO°l Date 2. PLANNING DEPARTMENT co _2o(Lv 1PO"v-. Approved �"H %7( tIC.. ( ' /IT c2- ?-iPS 'WC 120c r X154- Received Br: Date )431 C1 ,/y - Date 013O5 - 3. DEPARTMENT OF PUBLIC WORKS Approved for Permrt Issuance Recervea Ba .----- Z^' Dare 1ei3it1 Dare: tottil ' I hereby certify that all work as requested above will conform to Chapter 10 of the Hawaii County Code. owner Date. Return to the Department of Public Works, Engineering Division, upon completion of work. Certification Accepted by. _ _ _ Date. (DPW inspector/engineer) Le Count'or Ilavaii is aothmitpp Prov,der and Employer fia V eO i / §$ t E S Nc. a ovimme nraoissaaoaa arms . r.1s., d air. N%ld 1oa.ikOD 1VINOZxox y 1 - I ,-,55,-- -,--4-1-,Tom_ 1 f , t ... -- '1,.. , • 3 -: a. u o .��I■„\ ro 4 `` nuw \ oo �� oo 11.4 t E � Fj: J V z1 \ l , �l— I I2 ' I -ea. '/ I ! 1 ,- Hs!ige7/ G` i \ / 1 1 1 �II V / i% -L 1 will ILI € lw al j q/jr / p '', 1 paisa 3 L 1. L 0 L °i� 11 S�' 0Z81217. as a i c ry v t A ., ,...., V N V H�O W O k EXHIBIT G County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Siren,Suit 3 • Hilo,Hana''1 96720 Phone(308)961-8286 • Fax(808)9614742 December 18, 2009 The Honorable.1 Yoshimoto,Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo,HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application(REZ 09-000101) Applicant: Brian Sugai Request: A-1 a to CN-20 Tax Man Key: 2-3-37:19 The Windward Planning Commission,after a duly held public hearing on December 4,2009, voted to recommend for your approval the proposed legislative bill for a Change of Zone from an Agricultural— 1 acre(A-la)to a Neighborhood Commercial—20,000 square feet(CN-20) district for 6.3 acres of land. The property is located along the east side of Komohana Street, approximately 7000 feet south of the Komohana Street—Ponahawai Street intersection, Ponahawai,South Hilo,Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: The applicant is requesting a change of zone from Agricultural-I acre(A-la)to Neighborhood Commercial-20,000 square feet(CN-20). Although the CN zoned district allows a variety of commercial uses,the applicants current plans are to construct an approximately 20,000-square foot,two-story building which will contain his medical office and other offices for rentllease on the ground floor and a residential unit on the second floor. The residential unit would be used by the applicant. The applicant currently leases office space at the nearby Ka Waena Lapaau Medical Complex under a lease agreement that expires in 2010. Construction will begin immediately upon approval of the change of zone,in order for the building to be completed prior to the expiration of the applicant's current lease. Construction of the development is anticipated to cost about $2 million. Parking and landscaping as required by the Zoning Code will be provided on- Nawai'i County is an Equal Opportunity Provider and Employer fEt 71 7 EXHIBIT H The Honorable J Yoshimoto,Chairman and Members of the County Council Page 2 site. If feasible in the future,the applicant would like to construct a second building for offices uses. The change of zone request from an A-la to a CN-20 zoned district conforms to applicable goals,policies and standards of the General Plan. 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. The Land Use Pattern Allocation Guide(LUPAG)Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested change of zone to a CN-20 district conforms to the LUPAG Map,which designates the property and its immediately surrounding area as Medium Density Urban. Such designation may allow neighborhood commercial uses, including office and retail uses. Several of the surrounding properties to the north, east and west are mainly vacant parcels that were formerly used for the cultivation of sugarcane. Since the closure of sugar plantations in the 1970's and 1980's these properties have remained in agricultural zoning but have not been used for agricultural purposes. The lands just mauka of Komohana Street and to the northeast along Ponahawai Street have recently been rezoned for commercial and residential uses. The property is identified by the Agricultural Lands of Importance to the State of Hawaii (ALISH)System as Existing Urban Development. Soils within the property and surrounding area are unclassified for agricultural productivity by the Land Study Bureau. Thus,the applicant's request is consistent with surrounding land uses and zoning. In the initial review of this application, the Planning Department believed that the request did not conform to the goals and standards of the Land Use and Transportation elements of the General Plan because allowing direct access to and from Komohana Street via a driveway,rather than a public road, for commercial development would . reduce the efficient operation of Komohana Street as a limited-access secondary arterial roadway; and introducing high traffic volumes associated with commercial land uses may result in a hazardous situation as vehicles attempt to enter and exit Komohana Street, which is heavily congested at times. However,upon further review of this application and during recent discussions with the applicant,the Department has determined that with the placement of signage and a physical barrier to prohibit left-turns at the property driveway,the request will conform to the General Plan. The Department is The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 recommending the placement of"no left-turn"sign(s)and a physical barrier to prevent motorists from making left-turns to and from the property access. Preventing left-turn movements through use of a physical barrier will significantly reduce the potential for vehicle conflicts at the property driveway and will reduce vehicle delay on southbound Komohana Street that would occur if left-turn movements were allowed. In addition,a condition of approval will require submittal of a Traffic Impact Analysis Report(TZAR)if the applicant develops other land uses permitted in the Neighborhood Commercial zoned district that would generate significantly more traffic (over 50 peak hour trips)than the proposed development. The applicant will be responsible for constructing any improvements identified in the TIAR required by the DPW. The General Plan identifies the viewpoint on the hilltop overlooking Hilo Bay in the vicinity of the subject property as a site of natural beauty. Scenic views of Hilo Bay and the eastern shoreline towards Puna can be seen from the property. However, development of the property will not significantly reduce scenic views of Hilo Bay or the Puna shoreline from Komohana Street as existing views are intermittent due to tall vegetation on adjacent properties. Additionally,the Zoning Code limits the maximum building height in the C51-zoned district to 40 feet. A condition of approval will require that any structures on the property be designed and constructed in a way to minimize the obstruction of the intermittent scenic views of Hilo Bay and the Puna shoreline from Komohana Street. With implementation of the recommended conditions of approval,the Planning Department believes the request for commercial zoning will conform to the goals,policies and standards of the General Plan. All essential utilities and services are available to the site. Access to the property is via Komohana Street,a two-lane County owned roadway with a 25-foot pavement width within an 80-foot wide right-of-way. A 10-foot wide No Vehicular Access Planting Screen Easement along the property's Komohana Street frontage was created when the property was originally subdivided. Therefore,access to the property is limited to a 30-foot wide road and utility easement(Easement RU-11). The Department of Public Works(DPW)recommends that access to and from Komohana Street be limited to right-turn in and right-turn out movements only and that the applicant provide pavement widening with concrete curb,gutter, sidewalk,drainage,and utility relocation improvements to the property's Komohana Street frontage meeting with the approval of the DPW. These recommendations will be included as conditions of approval for the change of zone. The Honorable J Yoshimoto,Chairman and Members of the County Council Page 4 The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. A portion of the property adjacent to the Alenaio drainage channel is located in flood zone"AE"which is a special flood hazard area inundated by the 100-year flood where base flood elevations have been determined. Conditions of approval will require that all development-generated runoff be disposed of on-site and not directed towards adjacent properties and that the applicant adhere to the requirements of Chapter 27,Floodplain Management,of the Hawaii County Code for construction within the"AE"flood zone which specifies,among other things,minimum building elevation requirements. County water is available from an existing 12-inch waterline fronting the property along Komohana Street. The proposed request would require the installation of a reduced pressure type backflow prevention assembly within five feet of the existing meter. Conditions of approval will be included to address the Department of Water Supply's requirements. The property is currently not serviced by the County sewer system. The applicant proposes to dispose of wastewater by a septic system meeting the requirements of the Department of Health until the County sewer line is extended to the property. Solid waste will be disposed of by private contractor to the Hilo Landfill or other site designated by the Department of Environmental Management. According to HELCO,the existing electrical distribution system along Komohana Street is adequate to serve the proposed development. The applicant will be required to install on-site distribution lines to provide electrical service within the property. Telephone services are available to the property. Police and fire services are available less than one mile from the property. The request is not contrary to Chapter 205A,HawaiH Revised Statutes, relating to the Coastal Zone Management Area. The subject property is located over one mile from the shoreline at an elevation of about 240 feet above sea level and is not in the Special Management Area. Therefore,the property will not be impacted by coastal hazards or affect beach erosion,coastal recreational resources,coastal ecosystems and marine resources. In a letter dated July 2,2009 the DLNR State Historic Preservation Division(SHPD)determined that no historic properties will be affected by the proposed development because previous grading/grubbing and urbanization have altered the land. In view of the Hawaii State Supreme Court's`DASH"and"Ka Pa'akai 0 Ka Aina"decisions,the issue of native Hawaiian gathering and fishing rights must he addressed in terms of the cultural,historical,and natural resources and the associated traditional and customary practices of the site: The Honorable J Yoshimoto,Chairman and Members of the County Council Page 5 • Investigation of valued resources:No formal archaeological reconnaissance survey,oral history of kama`aina accounts of the area,historical survey of documentary records,or botanical study was included in the application. • The valued culturaL historical,and natural resources found in the rezoning area: The property has been used for the cultivation of sugarcane in the past and was recently grubbed. 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 property. As such,it is anticipated that no cultural,historic or natural resources will be affected. In a letter dated July 2,2009,the DLNR-SHPD stated that no historic properties will be affected by the proposed development. • Possible adverse effect or impairment of valued resumes: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area axe particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: As stated by the applicant,no gathering is taking place on the site. Thus,to the extent to which traditional and customary native Hawaiian rights are exercised,the proposed action will not affect traditional Hawaiian rights;therefore,no action is necessary to protect these rights. A condition of the change of zone will require that the applicant cease work and notify the SHPD should any unanticipated archaeological features or sites be uncovered during the course of development. Based on the above findings,the request to reclassify the property from an Agricultural - 1-acre(A-la)to a Neighborhood Commercial-20,000-square foot(CN-20)zoned district would result in an appropriate land use pattern that would further benefit the general public. For your favorable consideration,an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. The Honorable J Yoshimoto,Chairman and Members of the County Council Page 6 We are enclosing copies of the staff Background and Planning Directofs Recommendation for your information. Sincerely, Rell Woodward,Chairman Windward Planning Commission 1sugaiO3wwpc Enclosures cc: Department of Public Works Department of Water Supply Department of Land&Natural Resources-HPD DOT-Highways,Honolulu Lincoln Ashida,Esq.,Corporation Counsel Dacayanan, Melissa Subject: FW: Dr.Sugai REZ 09-101 Amend LI=PT From:Sid Fuke<sidfuke@hawaiiantel.net> Sent: Friday, May 22,2020 3:37 PM To: Kay,Christian<Christian.Kay@hawaiicounty.gov> Cc: Ning Wang-Sugai<officer@bigislandfootcare.com>; Darrow,Jeff<Jeff.Darrow@hawaiicounty.gov> Subject: Dr.Sugai REZ 09-101 Amend HI Christian, This is to confirm that the requested time extension is for a maximum 6 year period with no administrative time extension. The applicant is in the process of finalizing its building permit and is anxious to construct. As such,the 6-year window should be sufficient. We have already provided the water calculation report to the DWS. Once either the commitment fee and/or facilities charge is determined,the applicant will make the appropriate payments and will inform your office accordingly. We believe this should occur within the next couple of weeks. Let me know if there are further questions. Thanks and continue to be well and safe! Sid 133591. Planning ept. 1 Exhibit HI t\ + DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII �,,,\�e.4 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808)961-8050 • FAX (808)961-8657 lune 8.2020 Mr. Yen Wen Fang. P.E. Engineering Partners 455 East Lanikaula Street Hilo, HI 96720 Dear Mr. Fang: Subject: Water Usage Calculations for the Proposed Sugai Professional Building Applicant: Dr. Brian Sugai Tax Map Key 2-3-037:019 The Department has reviewed the water demand calculations, prepared by Engineering Partners,showing the estimated water demand for the proposed project and find them acceptable. Based on the water demand calculations,the estimated average daily usage is 1,835 gallons per day(GPD),or five(5)equivalent units of water at 400 GPD per unit. A I-inch meter is adequate to accommodate the proposed demand. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment may he issued_ Based on the four(4)additional units of water needed,the required water commitment deposit is$1$0.00 per additional unit,or$600.00. Remittance of the $600.00 water commitment deposit is requested as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. Upon receipt of the water commitment deposit, we will provide our requirements for water service- applicable facilities charges due,and other conditions for final approval. Therefore. water service to the proposed project will be contingent on compliance with the following conditions: I_ Construct necessary water system improvements, which shall include, but not he limited to,the following: a. Installation of one(I) I''-inch Type "A"service lateral to accommodate a I-inch meter. h. Cut and Plug existing I-inch service lateral. c. Installation of a fire h sdrant within 150 feet of the existing lot. d. Install a reduced pressure type backflow prevention assembly within five(5) feet of the meter on private property. The installation of the backflow-prevention assembly must he inspected and approved by the Department before water service can be activated. e. Subject to other agencies requirements to construct improvements within the road right-of way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities,should they he necessary. Planning Dept. Water, Our9Kost Precious Resource. . . '1(pWaiA ?Clue. . . 133642 The Department oh Water Supply is an Equal opportunity provider and employer. Exhibit 11/ Mr. Yen Wen Fang. Pt. Page 2 June 8,2020 2, Submit construction plans, prepared by a professional engineer licensed in the State of I lawai-i. showing the work required for review and approval. 3. Remit the prevailing facilities charge balance, which is subject to change, as shown below: FACILITIES CHARGE(FC): One(I) Existing service Paid I-inch meter service to the subject parcels(fourJ41 Additional Units) $22,000.00 Total (Subject to Change) $22,000.00 'ibis is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information,water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example,when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge. no refunds are applicable. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions, policies,and Rules and Regulations. For your information,the existing 12-i neb waterline within Komohana Street is adequate to provide the required 2,000-gallons per minute of flow for fire protection,as per the Department's Water System Standards. Should there be any questions, please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070. extension 255. Sincerely yours, Ink414444° Keith K. Okamoto.PE. Manager-Chief Engineer US:dig copy— Planning Department