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HomeMy WebLinkAboutPD BACKGROUND REPORT (AMEND REZ-11-146) B TakataAmendRELerk.09.15.21 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT TAKATA DENTAL HEALTH CENTER,INC. AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12 33 (REZ 11-000146) TAKATA DENTAL HEALTH CENTER,INC.has submitted a request for time extensions to Condition B (time to complete construction) and Condition C (water commitment) of Change of Zone Ordinance No. 12 33 which rezoned one (1) acre of land from a Single-Family Residential — 10,000 square feet(RS-10)to a Residential-Commercial Mixed Use—20,000 square feet (RCX-20) zoning district. The subject property is located at 1732 Kilauea Avenue, approximately 750 feet south of its intersection with Kawili Street, Waiakea Homestead Houselots, South Hilo, Hawaii, TMK: 2-2-038:028. 1. Request: The applicant is requesting a five (5)-year time extension, with the opportunity for an additional administrative time extension,to comply with Condition B (time to complete construction)which states "Construction of the proposed development shall be completed within five (5)years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall idents all existing and/or proposed structures,paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17(Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai`i County Code." Alternatively,the applicant would accept an amendment to allow five (5)years to commence construction and ten (10)-years to complete construction without the option of an administrative time extension. Additionally, the applicant is requesting a 180-day time extension to comply with Condition C (water commitment)which states "Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the -1- anticipated maximum daily water usage calculations,prepared by a professional engineer licensed in the State ofHawai`i, 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." The deadline to comply with Condition C lapsed on September 6, 2012. 2. Reason for the Request: According to the applicant, after the requested rezone was approved in 2012, the applicant had planned to relocate its existing dental practice, currently located at 445 Waianuenue Avenue, to the subject parcel. Final Plan Approval was granted on May 29, 2015 and an existing dwelling was demolished to make room for the project. Following approval of a five-year administrative time extension on October 25, 2016,the applicant experienced significant setbacks. According to the applicant, one of the project's principals (a retired dentist)became ill and was unable to personally oversee the financing and development of the project. In addition, the project's architect unexpectedly passed away at the end of 2019. The other principal on the project did not have time to focus on completing the project, given the demanding schedule of his existing dental practice. As such, the applicant is seeking additional time to complete the dental office development or a project that is consistent with the RCX zoning. Furthermore, the applicant and its architect mistakenly believed that since a water calculation use study is more appropriate when the uses are specifically identified via approved plans, it overlooked this requirement. Accordingly, the applicant is requesting an additional 180 days within which time to submit the study and make the required water commitment deposit. 3. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 —Rezone Amendment Application dated May 28,2021) 4. Landowner: Takata Dental Health Center, Inc. BACKGROUND INFORMATION 5. March 6,2012: Effective date of Ordinance No. 12 33 which amended the zoning district classification from Single-Family Residential (RS-10)to Residential-Commercial Mixed Use—20,000 square feet(RCX-20). -2- 6. May 29,2015: Date Final Plan Approval (FPA 15-001142)was granted for a single- story, 4,606 square foot dental office building and related improvements. 7. October 25,2015: Date the Planning Director granted the applicant a five (5)-year time extension, to March 6, 2022,to complete construction of the project. DESCRIPTION OF STATE AND COUNTY PLANS 8. General Plan LUPAG Map Designation: Medium Density Urban. 9. State Land Use District: Urban. 10. County Zoning: Residential-Commercial Mixed Use—20,000 square feet(RCX-20). 11. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by the Planning Commission, Resolution No. I on May 21, 1975. The Land Use Concept Map designates this area as RM-4. 12. Special Management Area (SMA): The property is located approximately 4,500 feet from the nearest shoreline and is not located within the Special Management Area (SMA). DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Subject Property: The property is approximately one (1)-acre in size and rectangular in shape. The property was previously improved with a single-family that was demolished in 2015 and the area was cleared in preparation for the proposed project. The remainder of the property is overgrown with grass,trees and other vegetation. 14. Surrounding Zoning/Land Uses: Immediately surrounding lands are zoned RS-10 and primarily consist of single-family dwellings.A 76TM gas station is located about 200 feet to the north on property that was rezoned in 1997 from RS-10 to CN-10. There is a property located about 100 feet to the south that is zoned RM-4 and contains a duplex dwelling. 15. Flood Zone: The property is in Zone "X", an area of minimal flood hazard. PUBLIC UTILITIES AND SERVICES 16. Access: Access to the property is from Kilauea Avenue,which is a four-lane County roadway with a pavement width of approximately 44 feet within a 60-foot-wide right-of- way. The General Plan identifies Kilauea Avenue as a secondary arterial street which requires a minimum right-of-way width of 80 feet. Conditions of the ordinance require -3- the applicant to dedicate a ten (10)-foot future road widening strip to the County upon its request and require the applicant to make improvements to the property's frontage prior to issuance of a Certificate of Occupancy. Kilauea Avenue fronting the property was recently resurfaced and ADA-compliant sidewalks were installed by the County. 17. Water: According to the Department of Water Supply (DWS), County water is available from a 10-inch waterline within Kilauea Avenue and the property is currently served by a 5/8-inch meter that is limited to an average daily usage of 400 gallons. The existing 10- inch waterline is capable of providing adequate water flow for fire protection for the requested zoning district. Furthermore, DWS indicated that the existing water service installed at the parcel should be adequate to support the proposed demand for the project, therefore a water commitment deposit is not required. Based on this determination, the applicant believes that it renders the requested time extension to Condition C (water commitment) moot and would withdraw the request if the Department determined that the condition was fulfilled. 18. Wastewater: The now-demolished dwelling on the property was serviced by a cesspool. As there is currently no municipal sewer system in the area, the applicant proposes to dispose of wastewater generated by the proposed development in an individual wastewater system meeting the requirements of the State Department of Health (DOH). In their July 26, 2021comment memo, DOH indicated that the subject property was situated in close proximity to the County sewer system and therefore would be required to connect. Subsequent staff conversation with DOH determined that the preceding comment was made in error as the closest sewer line is approximately 750 feet from the subject parcel. Additionally, in their June 21, 2021 memo the County Department of Environmental Management-Wastewater Division (DEM)provided information related to possible sewer connection requirements (dry sewer laterals) and compliance with future federal, state, and county regulations related to discharge of pollutants within publicly owned treatment works (dental wastewater discharge related to mercury from filling amalgam). Subsequent staff conversation with DEM determined that these comments were advisory to alert the applicant on what could be required if the County -4- sewer was extended within Kilauea Avenue fronting the property and should not currently be seen as prescriptive requirements. 19. Solid Waste: There are no municipal waste collection services in the County. All solid waste generated by the development will require private disposal at an approved transfer station or landfill. 20. Utilities and Services: Electric and telephone services are available to the property. Police, fire and medical services are available nearby in Hilo. AGENCIESMMENTS 21. Department of Water Supply: Planning Department Exhibit 2—July 19, 2021 Letter and Exhibit 3—October 31,2011 Letter 22. Department of Environmental Management-Wastewater Division: Planning Department Exhibit 4—June 21,2021 Memo 23. State Department of Health: Planning Department Exhibit 5—July 26,2021 Memo AGENCIES -NO COMMENTS/CONCERNS 24. Department of Environmental Management-Solid Waste Division, Department of Public Works—Engineering Division, Police Department. AGENCIES -NO RESPONSE 25. Fire Department. APPLICANT'S RESPONSE TO PUBLIC COMMENTS 26. Planning Department Exhibit 6 -Letter from Sid Fuke dated August 16, 2021 PUBLIC COMMENTS 27. None as of the date of this writing. -5- miff SldneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•HiIo,Hawal`I 96720 •Planning•Variance•Zoning Telephone:(808)969-1522 Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail.sidfukedhawaliantel.net •Environmental Repons May 28, 2021 COH PLANNING DEPT Mr. Zendo Kern, Director MAY 20 202 1 Am 11:20 Planning Department REVD HAND DELIVERED COUNTY OF HAWAF 1 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kern: Subject: Time Extension Request—Takata Dental Health Center, Inc.] Ordinance No. 12-33 (REZ 11-000146) Wainkea South Hilo Hawaii TMK: 2-2-038: 028 Transmitted herewith is a request to amend the subject ordinance by granting a time extension to the water calculation study/commitment and construction completion requirements. The transmittal includes the original and 20 copies of a report detailing and justifying the request, letter of authorization, $250 filing fee, surrounding property owner list,and real property tax clearance. In summary,the rezoning of 1.0 acre area into Residential-Commercial Mixed Use (RCX-20)district became effective on March 6, 2012. The request was to allow the development of the applicant's proposed 4,200 square foot dental office and/or other uses consistent with the RCX-20 zoning. Condition B required construction to be completed within five(5)years(March 6, 2417)as well as the submittal of a water calculation use study and payment of a water commitment fee within 180 days of the initial approval date. An administrative time extension to March 6,2022 was granted. As will be detailed in the attached report,shortly after receipt of the administrative time extension,one of the principals of the project became ill and was unable to personally oversee the financing and development of the project. Complicating matters was the untimely passing of the architect in December 2019. As such,the project languished. The applicant is thus seeking additional time to fulfill the conditions and develop a project consistent with the RCX zoning. Should you have any questions on this matter,please feel free to contact me. Thank you very much! Nncerely, ��1U11� SIDNEY M. FUKE Planning Consultant Enclosures Copy—Takata Dental Health Center, Inc. w/enclosures via email 142087 42087 Planning Dept. Exhibit TO WHOM IT MAY CONCERN: Please be informed that as Applicant and/or landowner(s), I hereby consent and have no objections to SIDNEY FUKE, PLANNING CONSULTANT processing TAKATA DENTAL HEALTH CENTER, INC.'s request for a time extension to Rezoning Ordinance No. 12 33. APPLICANT: Takata Dental Health Center, Inc. _ , z7-z1 Dr. Brice Takata-Managing Principal(Date) LANDOWNER: Brice Takata 7-', ,-e��--f, Dr. Brice Takata (Date) MI'l CHELL 1].ROTH Mev ns DF.ANNA 5 SAKO MAYOR FINANCE DIRECTOR •: =. STEVEN A. HUNT DFPL TY DIRECTOR COUNTY OF HAWAII Department of Finance - Real Property Tax Aupuni Center, 101 Pauabi Street.Suite 411 lila I lawai 196720-4224 1 Fax(808)961-4224 Appraisers(808)961-8354 1 Clerical(808)961-8201 Collections(808)961-8282 West Hawaii Civic Center 174-5 044 Ane KeohokaIole Hwy I Bldg D 2nd FIoor I Kailua Kona.I fawaN 96740 Fax(808)327-3538 1.Appraisers(808)32348811 Clerical(808)323-4880 REAL PROPERTY TAX CLEARANCE Date: Friday, May 28, 2021 TMK: (3)2-2-038-028-0000 Takata,Brice This is to certify that the real property taxes due to the County of Hawai'i on the parcel listed above have been paid for the tax year up to and including June 30, 2021. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of Takata,Brice and is issued for this parcel only. by Namele Walker, Tax Clerk REAL PROPERTY TAX DIVISION Paid up to and including June 30, 2021. TAX CLEARANCE FOR PLANNING DEPARTMENT REV(212618) Hawai'i County is an Equal Opportunity Provider and Employer TB325HIHAVV WE ::>'. H W DEPT 1W28 2021 Al"11:20 APPLICATION FOR TIME EXTENSION TO COMPLETE CONSTRUCTION AND WATER COMMITMENT PAYMENT (REZONING ORD. NO. 10 19) APPLICANT: TAKATA DENTAL HEALTH CENTER, INC. Waiakea, South Hilo, Hawai'i TMK: (3) 2-2-038: 028 Prepared For: Takata Dental Health Center, Inc. Prepared By: Sidney Nt Fuke, Planning Consultant May2021 REZONING (ORDINANCE NO. 10 19) TIlVIE EXTENSION REQUEST TAKATA DENTAL HEALTH CENTER, INC. WAIAKFA, SOUTH HIL,O, HAWAII, TMK: 2-2-038: 028 L GENERAL BACKGROUND On March 6, 2012, Takata Dental Health Center, Inc, ("Applicanf) received approval to rezone its family-owned 1-acre parcel from Single-Family Residential (RS-10) to Residential-Commercial 1Yhxed Use (RCX-20). (Exhibit A- Ordinance No. 12 33) The subject site is located on the west side of Kilauea Avenue, approximately 700 feet south or Puna side of its intersection with Kawili Street. Maemae Street, which intersects with Kilauea Avenue, is located directly across or east of the subject property. (Exhibit 8) The Applicant's plan then was to relocate its existing dental practice located at 445 Waianuenue Avenue to the subject site. Pursuant to that objective, Plan Approval was applied for on January 5, 2015, and Final Plan Approval was granted on May 29, 2015. (Exhibit C) The existing dwelling was also demolished to make room for the project. Subsequently, in addition to seeking the appropriate financing, the heavy demands ofthe Applicant's overall dental practice precluded a more focused attention on the new project. This resulted in seeking and receiving approval of an administrative time extension to March 6, 2022 on October 25, 2016 to complete the project. (Exhibit D) Shortly after receipt ofthe administrative time extension, the health of one ofthe Applicant's principals (a retired dentist) began to fail, resulting in the project further losing its traction. To complicate the situation, the project's architect unexpectedly passed away at the end of 2019. The task to finish the project was thus left in the hands ofthe other principal, an active practicing dentist, who understandably did not have much time to focus on the project. As such, the Applicant is seeking additional time to complete the dental project or a project that is consistent with the RCX zoning. IL NATUREOFREOUEST The Applicant wishes to proceed with the development ofthis site in accordance with the current zoning and conditions. However, because the deadlines have expired, it cannot proceed. Accordingly, the Applicant is requesting a time extension, beginning the effective date of the rezoning amendment, of one hundred eighty (180) days to submit the water calculation study and pay, if needed, the water commitment fee and five (5) years to complete the project with the opportunity for an administrative extension. In the alternative, it Z would accept a 5-year commencement and 10-year completion timetable without the option of an administrative extension. III. REZONING CONDITIONS As noted earlier,the subject area was initially rezoned into the RCX-20 district on March 6,2012, subject to a number of conditions. (Exhibit A)An administrative time extension for completion of the project was granted to October 25, 2016 (Exhibit D)This section will cover the status of the various conditions of the rezoning ordinance. A. The applicant, its successors or assigns, shall be responsible for complying with all of the stated conditions of approval. The property is owned by Dr. Brice Takata,one of the principals of Takata Dental Health Center Inc. As such,the Applicant and Dr. Takata intend to assume the responsibility of complying with all pertinent conditions and any amendments thereto of this rezoning ordinance. B. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval far the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Pians shall idents all existing andlor proposed structures,paved driveway and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjoining parcels in accordance with the requirements of Planning Department's Rule No. 17(Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. As noted earlier,the Applicant secured Final Plan Approval on May 29, 2015, within the prescribed time. Unfortunately, due to health and associated issues, construction did not occur. As such, an administrative time extension was approved to March 6, 2022. The Applicant will not be able to complete any development on the property before the deadline and is thus submitting this request for an extension. C. Prior to the issuance oj'a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations prepared by a professional engineer licensed in the State of Hawaii, 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. This requirement was not fulfilled by September 6, 2012 or,if granted, within a possible extended period of March 6, 2013. Notwithstanding absence of this 2 study and commitment, Final Plan Approval was issued on May 29, 2015. The Applicant and its architect mistakenly believed that since a water calculation use study is more appropriate when the uses are specifically identified via approved plans,it overlooked this requirement. Accordingly,the Applicant requests that an extension be approved for this requirement. If approved,the Applicant intends to submit the study and make the required water commitment deposit,if needed, within the 180 day period. D. The applicant shall install a reduced pressure type backflow preventer assembly._.Installation of the Backflow prevention assembly and relocation and adjustments of the Department of Water Supply's water system facilities, should they be necessary, shall take into consideration the future road widening along Kilauea Avenue. The Applicant will comply with this requirement. E. Should the applicant, successors or assigns develop a land use 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(TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Kilauea Avenue that may be deemed necessary by the Department of Public Works. The Applicant will comply with this requirement. The Applicant still intends to proceed with the project or possibly have some other uses that would not exceed the threshold for a TIAR. F. To provide for future road widening improvements, a ten (10)foot wide future road widening strip along the property's Kilauea Avenue frontage shall be delineated on the plans submitted for Pian Approval review and dedicated, at no cost to the County, upon its request. The Applicant will comply with this requirement. It should be noted that this was reflected in the plans submitted for Plan Approval. This will continue for this or any other plans for this project. G. Prior to issuance of a Certificate of Occupancy for any commercial uses on the property, the applicant shall provide improvements to the property's frontage along Kilauea Avenue consisting of, but not limited to, reconstruction of the existing concrete curb and sidewalk(from curb face to property line)and any required utility relocation meeting with the requirements of the American with Disabilities Act and standards of the Department of Publ is Works. 3 Like with right-of-way requirement,this was already reflected in the plans submitted for Plan Approval. This will continue for this or any other plans for this project,and the Applicant will fulfill this improvement requirement. H. Driveway connections) to the (sic)Kilauea Avenue shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. The Applicant will comply and make the appropriate improvements in conjunction with the construction of the subject property. I. The method of sweater disposal shall meet with the requirements of the Department of Health. The Applicant will comply with this requirement. This will be required as part of the building permitting process and its installation must be done prior to issuance of the required Certificate of Occupancy. I All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent property, The Applicant will comply with this requirement. It should be noted that in conjunction with the Plan Approval process for the project,a drainage plan approved by the Department of Public Works was included. This or a similar plan will continue to be prepared and implemented with any use of the site. K. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai'i County Code. This has and will continue to be complied with during the construction phase of this project. L. Should any remains of historic sites such as rock walls, terraces,platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources—State Historic Preservation Division (DLNR-HPD)shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. This requirement will be adhered to by the Applicant and its contractors. M. 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 4 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 maybe 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$7,903.35 per multiple family residential unit (T 1 2,316 4 7 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 andlor construct improvementslfacilities 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. The Applicant does not intend to construct residential units on the site. If it does, it will comply with this requirement. N. 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. 0. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. This has and will continue to be complied with by the Applicant. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director... 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. " As noted earlier,an initial time extension was granted. Pursuant to this condition,the Applicant is requesting a 5-year time extension of both the water calculation study and construction completion requirements from the effective date of this proposed amendment. 5 IV. RESTATEMENT OF REQUEST Conditions B and C required completion of the project within five(5)years and submittal of a water calculation study and payment of the water commitment fee within 180 days,respectively, of the effective date of the ordinance(March 6, 2012). These conditions were not complied with,in spite of the initial five (5)year extension to complete the project. Considering the above,the Applicant—Takata Dental Health Center, Inc. -is requesting time extensions of an additional 180 days to address the water related requirements and five(5)years to complete the project with an opportunity for an administrative extension. In the event the administrative extension option is unavailable,the Applicant requests five(5)years to commence and ten(10)years to complete the project. IV. JUSTIFICATION OF REQUESTS Condition P of the rezoning ordinance (Ord. 12 33)outlined three(3)criteria whereby a time extension may be considered. These criteria and their justification for both extension requests follow. A. The non-performance is the result of conditions that could not have been foreseers or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. The subject site was the family home of the Applicant. Coming from a family of dental practitioners,the Applicant had planned to relocate its practice to the subject site where parking and community accessibility would be greater. As such, it sought and received rezoning approval in 2012. Along the way,conceptual plans were finalized,resulting in the receipt of Final Plan Approval on May 29, 2015, all within the allotted construction timetable of the rezoning ordinance. Shortly thereafter, the dwelling and related structures were demolished in accordance with a demolition permit issued on July 10, 2015. Regrettably,the health of one of the principals—who was the driving force behind the project—turned south and the project languished. The project was then picked up by the other principal, who was unable to provide the needed attention to the project given the demanding schedule of his dental practice. As such,an administrative time extension was granted on October 16, 2016 to March 6,2022. The project suffered another setback with the untimely passing of the project architect in December 2019. And the COVI❑-19 pandemic wreaked havoc on all plans, beginning January 2020. 6 Understandably, while well-intentioned—as evidenced by the efforts made in developing plans and demolishing the family home for the project—the project could not commence within the allotted time. However, as noted above, a lot of unforeseen things happened that made it difficult to do the project. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was rezoned,there has not been any significant land use regulatory change in this area. The Hilo Community Development Plan has not been updated, and thus,the only relevant planning policy document still rests with the County General Plan. The proposed request is not contrary to the General Plan's Land Use Pattern Allocation Guide(LUPAG) Map that defines the subject property and its immediately surrounding area for Medium Density uses. The most recent revisions to the General Pian (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 RCX-20. There are several commercially-zoned and related uses proximate to the subject site. Most notably,there is a gas station about 200 feet to the north that was rezoned in 1997 from RS-10 to CN-10. There is a property about 100 feet to the south that is zoned RM-4 with several duplex structures. This area is in an area of land use transition,making the residential- commercial zoning(instead of the conventional neighborhood or general commercial zoning)quite appropriate. 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. 7 • 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 with some supportive uses 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 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. 8 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. • 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. 9 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 "N' on the FIRM map. Further,because office use is not noxious, potential pollution concerns would be minimal, if at all. Being cleared and used residentially 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. Because of the proposed scale and type of use,the request would 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. The reasons for approving the rezoning of this site were articulated in the Planning Commission's recommendation to the County Council (Exhibit E). The reasons,in summary,and their relationship to the present, included: ■ Consistency with the County General Plan LUPAG map and Goals and Policies. • Furtherance of the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase occupational choices. This is still a goal of the County. • Site's positive physical and locational attributes which meet the commercial 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. 10 • Site not having any resource issues, such as archaeological,drainage, botanical, or avifaunal. It is thus maintained that the reasons used to support the existing RCX-20 zoning still apply to the requested time extension. The request is also consistent with the concurrency provision outlined in Section 25-246. 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 4,200+1- square foot would generate fewer 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 AMIPM trip generation for office use is 1.49 trips per 1,000 square feet. Thus, assuming a maximum 5,000 square foot office building,the projected movements would be no more than eight(8) AM/PM peak hour movements. Thus, the projected use does not reach the TIAR"threshold"for a TIAR. County water for the project is still available from the I0-inch line fronting Kilauea Avenue. That is adequate to address the fire flow requirements. 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 Toning Code. It is thus maintained that the reasons used to support the existing rezoning also apply to the requested time extensions. As such,the applicant respectfully requests your favorable consideration of these time extension requests. 11 �Hy COUNTY OF HAWAPI ` . ,r STATE OF HAWAII ORDINANCE NO. 1.� 33$ILL NO. 157 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,CHAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE- FAMILY RESIDENTIAL—10,040 SQUARE FEET(RS--1 0)TO RESIDENTIAL- COMMERCIAL MIXED—20,000 SQUARE FEET(RCX-20),AT WAIAKEA, SOUTH HILO, HAWAII,COVERED BY TAX MAP KEY 2-2-038:028. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33,Article 8,Chapter 25 (Zoning Code)of the Hawaii County Code 1983 (2005 Edition),is amended to change the district classification of propeity described hereinafter as follows: The district classification of the following area situated at WaAkea, South Hilo, Hawaii, shall be Residential-Commercial Mixed—20,000 square feet(RCX-20): Beginning at an iron pipe at the West Homer of this lot and the South corner of Lot 6,Block 302,the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI"being 5591.5 feet South and 8224.6 East,as shown on Government Survey Registered Map No. 2600 and running by true azimuths: 1. 238` 10' 242.0 feet along Lot 5,Block 302,to an iron pipe; 2. 328` 10' 180.0 feet along the West side of Volcano Road to an iron pipe; 3. 58` 10' 242.0 fret along Lot 4,Block 302,to an iron pipe; 4. 148" 10' 180.0 feet along Lot 14,Block 302,to the point of beginning and containing an area of 1.00 acre. All as shown on the map attached hereto,marked Exhibit"A" and by reference made a part hereof. -1- EXHIBIT A 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 (S) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, successors or assigns shalt be responsible for complying with all of the stated conditions of approval. S. Construction of the proposed development shall be completed within five(5) years from the effective date of this ordinance. Prior to construction,the applicant,successors or assigns shall secure Final Plan Approval for the proposed development from.the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code),Hawaii County Code. Plans shall identify all existing and/or proposed structures,paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17(Landscaping Requirements)and Chapter 25 (Zoning Code),Hawaii County Code. C. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations -2- prepared by a professional engineer licensed in the State of Hawaii, 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. D. The applicant shall install a reduced pressure type backflow prevention assembly within five(5) feet of the existing water meter and any additional water meters on private property,which must be inspected and approved by the Department of Water Supply. Installation of the backflow prevention assembly and relocation and adjustment of the Department of Water Supply's water system facilities, should they be necessary, shall take into consideration the future road widening strip along K11auea Avenue. E. Should the applicant, successors or assigns develop a land use 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(TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement,when required by the Department of Public Works,at no cost to the County, any transportation system improvements to Kilauea Avenue that may be deemed necessary by the Department of Public Works. F. To provide for future road widening improvements,a ten(10)foot wide future road widening strip along the property's Kilauea Avenue frontage shall be delineated on the plans submitted for Pian Approval review and dedicated,at no cost to the County,upon its request, G. Prior to issuance of a Certificate of Occupancy for any commercial use on the property,the applicant shall provide improvements to the property's frontage -3- along Kilauea Avenue consisting of,but not limited to,reconstruction of the existing concrete curb and sidewalk(from curb face to property line)and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and standards of the Department of Public Works. H. Driveway connection(s)to the Kilauea Avenue shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. 1. The method of sewage disposal shall meet with the requirements of the Department of Health. J. All development-generated runoff shall be disposed of on-site and shalt not be directed toward any adjacent properties. K. All earthwork activity shall conform.to Chapter 10, Erosion and Sedimentation Control,of the Hawaii County Code. L. 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 be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. M. If the applicant, successors,or assigns develop residential units on the subject property,the applicant, successors or assigns shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation,fire,police,solid waste disposal facilities and roads. The fair .4_ 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 deten-ai ped by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$7,903.35 per multiple family residential unit ($12,316.47 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. The fair share contribution per multiple family residential unit(single family residential units)shall be allocated as follows: $3,898.50 per multiple family residential unit ($5,939.22 per single family residential unit)to the County to support park and recreational improvements and facilities; r $123.21 per multiple family residential unit($286.51 per single family residential unit)to the County to support police facilities; $379.01 per multiple family residential unit($555.89 per single family residential unit)to the County to support fire facilities; $168.93 per multiple family residential unit($247.75 per single family residential unit)to the County to support solid waste facilities; and $3,333.69 per multiple family residential unit($5,277.10 per single family residential unit)to the County to support road and traffic improvements. -5- In lieu of paying the fair share contribution,the applicant, successors or assigns may contribute land and/or construct improvements/facilities related to parks and recreation,fire,police,solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the County Council. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. The applicant,successors or assigns shall comply with all applicable County, State and Federal laws,rules,regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance may be 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 axwnsivn would nvt by contrary w the original reasons for the granting of the change of zone. -6- 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e.,a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashions,the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid,such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. DUCED BY: COI INCU 10 TY OF HA `I Hilo Hawaii Date of Introduction: February 1 Date of 1st Reading: Febru 1, 2012 Date of 2nd Reading: Februa 15, 2012 Effective Date: March 5, 2012 REFERF-NCE, Corr= 525 -7- Conn. 525/Bill 167 125-10 1�5-14 COQ' -10 CN-10 -T0 R 10 R 10 t3+�� -10 -1 R -10 R5- 8MME-FAWLY REW19F IAL- 10.0w SQFT(RS-tny -Come -2(%000jRcxR) A IOTA!AREA.i ACRE 9.2Za.6's -10 R 5-1a 0 0 RM-4 �r TA -1 �y -10 1�5 10 R5-10 R5- 10 Feet 0 125 254 504 750 i3Oa4 AMENDMENT TO THE ZONING CODE- AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CAAn` CM 26 (ZONING C40E) OF THE HAVVAI'I COUNTY CODE 1883 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL- 10,000 SQFT (RS-10) TO RESIDENTIAL-COMMERCIAL MIXED -20,000 SOFT (RCX-20), AT WAIAKEA, SOUTH HILO, HAWAI`l MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TiNF{:(3)P-2.039:G28 DATE SEP 27,2071 EXHIBIT"A" Takata DSN4 o Heakh Canter,fnc. Mao 1317 OFFICE OF THE COUNTY CLERK �G'wT r,;_r?u }}11 County of Hawai'i C. Hilo, Hawaii C8 !7 }err «U 10: 58 Introduced By: Pete Hoffmarm ROLL CALL VOTE Date Introduced-- February 1, 2012 AYES DOES ABS EX First Reading: February 1, 2012 Was x Published: February 11, 2012 Ford x Hoffmann x I�E!VL4Rh,�: Ikeda x Onishi x Pi Jago X Smart _ x i Yagong x Yvshitnoto I x� Second Reading: February 15, 2012 8 1 0 0 To Mayor: February 24, 2012 -- -� -- -- Returned: Misch 6, 2012 ROLL CALL VOTE #:t7ective: March 62 2012 AYES iVC3£5 ABS Ex Published: March 15, 2012 _ Blas x Ford�. X RF.;41,4 R!:S: - Hofmann x Ikeda X Onishi I X Pilago x Smart x Yagong x Yoshimoto x J 71 1 0 ' I DO HEREB1'CERTIFY rhut the fireguing BILL was adopled by the C'uun{y•('0ansil puhli.vhed cry melic•utud above. APPROVED AS TO FO Ma LEGALITY (0UNUL CHAIR DEPUW CORPORATION COLIN L COUNtY OF HAWAI'i Gate Bill No.: 1 E 7 Reference: C-525/PC-38 .�t pprured�Dis pruned tfais' sfu�• �-__ >> ti 2(j L Ord No.: i2 33 '11.4)'OR. (100''.1 T)'OF HA J1,;41-1 -py. ..ire ■1r1.e�E .. r-. �y• _%�:. .. :, j• �} 3.!: " z SUBJECT SITE r I.I � FjO r 3 1 fsccr on. �� � , F Y kA�RN f. F}+l rW 4r, it- 3i A r,• Jac x`? �� s �' ,' ■a�L r ff 4s r ° } iTt, 'j DLR ' ' '`' STREET 44 7*1 iF ;x�r „ r�';4 ; ofill } t f !7 y 7N:. Q {� � �' a� �.0 �Q •'�. �� fir. . .�1. " ICI L A CI CA .S T R£E T 4 t4 Im r Y T Fv�, ts fit . wr.s ,•• .�sw x�rwai , WA II T' •L•C Al N!C A.L s C AV CSO L I V I , ." pro t„ I -EXHIBIT 8 r ro Y Oi William P. Kenai "' ., Duane Kanuha Mayor Diree w Bobby Command +rte. Deputy Dirwror West Hawaii Office East Hawaii Office 74-5644 Ari Keohakalolc Hwyi• l0l PmmW Street,Swire 3 !Callus-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 PMw(848)9614288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)951-8742 May 29,2015 Mr. Paul Osumi Jr. Dear Mr. Osumi: SUBJECT: Application: FINAL PLAN APPROVAL (PLA-15-001142) Dental Office Building TMK: 2-2-438:028•Waiakea Homesteads House Lots So. Hilo Hawaii We have reviewed the above-described plans for the establishment of a Dental Office pursuant to FINAL PLAN APPROVAL.Enclosed is your copy of the FINAL PLAN APPROVAL. Please be aware of the conditions of approval that are part of this FINAL PLAN APPROVAL for the proposed project. These conditions, which are listed on page 2 of the FINAL PLAN APPROVAL document, must be complied with prior to the occupancy of the Dental Office. For your information, all accessible spaces shall comply with current State and Federal Standards. Please see relevant information on our website: httD:llwww.coh.planningdept.com/ resources-and-references. Should you have any questions, please feel welcome to contact Larry Nakayama of this Department at(808)961-8149 or larryiiakayama hawaiicaunty. ay. Sincerely, DUANE KANUHA Planning Director LHN:nci p:lplan approvals121PLA-15-001142 Takata Dental TMK 2-2-038-028 letter.doc Enclosure: PLA-15-001142 Form.doc. cc: Dr. Brice Takata 811 Edena Street Hilo, HI 96720 yvww.ophp1wn#W_dq$. Hawat't County is an Equal Opparr mmy Provider and L Vlowr p! n�n� ltrrourtty^rav EXHIBIT C COUNTY OF HAWAII PLANNING DEPARTMENT FIN AL PLAN APPROVAL PLA-15-001142 APPLICANT: DATE APPROVED- Paul PPROVED:Paul Osami,.lr.lOsami Nakai Maekawa Architects May 29,2015 LOCATION: TAX MAP KEY: 1732 Kilauea Avenue 2-2-038:028 Waiakea Homesteads Houselots,So. Hilo,Hawaii PARCEL AREA/PROJECT AREA: ZONE: 1 Acre(43,560 sq. fl.) Residential Commercial Mixed—20,000 sf.(RCX-20) PROPOSED USE: Dental Office Building As Shown on Plan Comments Front Yard Kilauea Avc_ 35'-0" OK. 20'-0"Minimum x uired Rear Yard (Southwest) Over Req'd Minimum OK. 20'-0"Minimum required Side Yard Southeast 53'-3" OK. 8'-0"Minimum required(Single Story) Side Yard (Northwest) 15'-0" OIC. 8'-0"Minimum Loquired (Single Story) Ht of Structure: Approx.26' -6-1l2" OK. 45'-0"Maximum. Access to parking: Asphalt paved driveway off of OK. Must comply with the requirements of the Kilauea Avenue Department of Public Works. Off-Street Parking:20 paved stalls shown including OK 4,606 sq. ft_1300 sq. ft. = 16(15.35)stalls two (2)ADA Accessible stalls. required,one of which must be ADA Van accessible. Loading and OK.Tion Required Unloading Space: None Shown Density OK. Fencing and Walls: None OK. Material: Hei t: Location: Lanascaprng: ON. Shall comply with Mute No. 17 of the Planning Department's Rules of Practice and Procedure. See Condition 1 & 2 Others: Tax Clearance OK. Issued on May 19,2015 Ordinance No. 12-33 (Rezone 11-000146) OK. Approved March 6, 2012 Raweai'i County is an equal opportunity provider and employer Final Plan Approval for TMK: (3)2-2-038:028 P LA-15-001142 Page 2 of 3 May 29,2015 As Shown on Plans Comments Site€]rains a Plan: OK. Issued September 26,2_014 Special Management Area: NIA Does this Project have a Fair Share Contribution? FSC: Yes_ No _ N IA X FSC checked by: LgM Nakayama Date: 4115114 Conditions of Approval: 1. Prior to issuance of the Certificate of Occupancy, approved landscape planting and improvements shall be established per approved landscape plan and in a manner consistent with the Standards of Rule 17 Landscaping Requirements.Plants shall be maintained in a manner conduci ve to their health and growth. 2. Landscapping shall be provided on a minimum of twenty percent of the total land area of any building site in the RCX district, except for lots containg only one single-family dwelling and accessory buildings. Parking areas shall not be included within the area required for landscping on any building site. 3. Approved parking to be paved,striped and appropriate signage installed prior to issuance of th.-Certificate of Occupancy. 4. Accessible parking spaces shall be constructed in accordance with all County,State and Federal standards and requirements. ADA van-accessible space shall be 1 P wide by 18'deep,with a 5 ` wide access aisle. An alternative design allows a van-accessible space to be eight feet(9')wide if the adjacent access aisle is also eight feet(8) feetwide. 5. No modification to Plans without Prior Written Approval. All work shown on the development plans covered by this Final Plan Approval shall be completed. No additions,substitutions or alterations to the site, parking, landscaping or building design plans covered by this Final Plan Approval, shall be made without prior written approval of such changes by the Planning Department. A written request far approval of such changes shall be submitted and include scaled plan sheets clearly specifying all proposed changes. Upon assessing the requested changes,the director may approve or deny the requested changes or require a new, complete application} for Plan Approval where the director finds the changes to be substantial. Final Plan Approval for TMK: (3)2-2-038:028 PLA-15-001142 Page 3 of 3 May 29, 2015 5. Prior to approval of a Certificate of Occupancy(C.O.),the Planning Department may inspect the subject property to verify compliance with the approved plans. A C.0. shall not be approved where the buildings, site improvements,landscaping or use plans are found by the director to be inconsistent with the submittals for which the Final Plan Approval is issued. 7. Prior to issuance of Certificate of occupancy for any commercial use on the property,the applicant shall provide improvements to the property's frontage along Kilauea Avenue consisting of,but not limited to, reconstructions of the existing concrete curb and sidewalk(from curb face to property line)and any required utility relocation, meeting the requirements of the Americans with disabilities Act and standards of the Department of Public Works. 8 Applicant, its successors or assigns, shall comply with all stated conditions of approval of Ordinance 12-33 (REZ-11-000 146). 9. Applicant shall comply with all other applicable laws,rules, regulations and requirements of Hawaii County. k - Pla6lung Direr or Date:_May 29,201 S pAplan approvals ULA-1 S-U©i 142 Takata Dental TMK 2-2-038-028form.doc i I R 7 � Y GRaN7 ti 295 to 6�v/,p HE fai+£W.F JR n, 1.4 .. c 36•Ih' '� 1� F� 2;e'..i�u �_ f i _ f ► u ^if77s I k ;r4 ❑ �.5� � fryer A 'u Al = F a nar I "€ = Lor a SSrl G4Anr7 583 T() NTEIVla 9APTIL TA. SR Il . F` I4 i r /f 7AKA A DENTAL KEAL7H CENTER �szXazFsrrsacs-— M. 0 � 8844 Duane ICanuha ��ti of Director William P.Kenoi 3oaquin Ganiiao-Kunkel. Mayor Deputy Director East Hawaii Office 101 Pauehi Street,Suite 3 West 's office County Of Rawai`i Hilo,Hawaii 96720 74-5p4444 AA Ane Keohokalole Hwy Phone(808)961-828-Ka 8 Kailua-Kona,Hawaii 96740 fax(848)9b1-8I4k phone[808)323-4770 -PLANNING Dy,P AR'T MNT Fax X848)321-3563 October 25,2015 Mr. Sidney Fuke, Planning Consultant 100 Pauahi Street, Suite 212 Hilo, Hl 96720 Dear Mr. Fuke: Change of Zone Ordinance No. 12-33 (REZ 11-000146) Applicant: Takata Dental Health Center,Inc. Request: RS-10 to RCI -20 Subject: Administrative Time Extension for Condition B Tax Map Ke 2-2-038:028 This is to acknowledge receipt of your letter dated October 4, 2016, requesting an administrative time extension to comply with Condition B (complete construction) of Change of Zone Ordinance No. 12- 33. Condition P allows for an administrative time extension for a period not to exceed the period originally granted. Based on the reasons within your letter, we will grant a 5-year time extension to March 5,2022 to comply with Condition B. Please be informed, however, should you need an additional extension of time to comply with Condition B,your request and reasons, along with 20 copies of that request shall be forwarded to the Planning Commission with a$250 filing fee. A public hearing will be held by the Planning Commission, who will forward their recommendation to the County Council. If you have any questions, please feel free to contact Jeff Darrow at 961-8158. Sincerely, �UAN NUNA Planning Director JVWD:mad P:lpublic\wpwin60\Jef \Lctters\Time Ext1L.Fuke-Takata-AdminTER-CondB-REZ201 1-146.doe www.cohklanninLde t om Hawaii Caunry is an Egxwl Qppommiry Provider and Employer planninard-hawaiicountygQv EXHIBITD ref?*aa County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Sheet,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 , Fax{848}961-8742 The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Change of Zone Application (REZ 11-000146) Applicant: Takata Dental Health Center, Inc. Request: RS-10 to RCX-20 Tax Map Key: 2-2-038:028 The Windward Planning Commission, after a duly held public hearing on December 1, 2011, voted to recommend for your approval the proposed legislative bill for a Change of Zone from Single-Family Residential— 10,000 square feet(RS-10) to Residential-Commercial Mixed Use— 20,000 square feet (RCX-20) for approximately 1.0 acre of land. The property is located on the west side of Kilauea Avenue,approximately 750 feet south of the Kawili Street— Kilauea Avenue intersection and across from Maemae Street, Waiakea Homestead Houselots, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: Hawaii Cozinty is an Equal Opportunity Provider and Employer EXHIBIT E The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 The applicant is requesting a Change of Zone from a Single-Family Residential - 10,000 square feet(RS-10) to a Residential-Commercial Mixed Use-20,000 square feet (RCX-20) zoning district for approximately l.0 acre of land in order to establish a single- story approximately 4,200-square foot dental office building on the property. Currently, the applicant operates a dental clinic that provides general and pediatric dentistry at 445 Waianuenue Avenue. Rather than improving the existing clinic which has limitations due to the old age of the building and small size of the property, the applicant proposes to relocate the clinic to the subject property which is capable of accommodating more on- site parking and a new building with modern dental technology. In addition to constructing a new 4,200-square foot dental office building,the applicant proposes to retain the use of the existing dwelling as a residence at this time. However,there is a possibility that an additional medical office building could be constructed in the vicinity of the existing dwelling in the future. On-site parking and landscaping meeting the requirements of the zoning code will be provided. In order to consider an area for any type of zoning designation, the applicable goals,policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from a Single-Family Residential(RS-10)to a Residential-Commercial Mixed Use(RCX-20)zoning district conforms to applicable goals, policies and standards of the General Plan. According to the Zoning Code, the purpose of the Residential-Commercial Mixed Use zoning district is to provide for the mixing of some small-scale service type commercial uses in a district that is primarily residential in character. The intent of this district is to allow a residential area to have certain convenience type of commercial uses while maintaining the neighborhood character of the residential area. The subject property is located within a primarily residential area of Hilo. Immediately surrounding lands are zoned RS-10 and consist of single-fancily dwellings. A 76 gas station is located about 204 feet to the north on property that was rezoned in 1997 from RS-10 to CN-10. A property located about 100 feet to the south is zoned RM-4 and contains a duplex. The University of Hawai`i at Hilo is Iocated about half a mile from the subject property. The applicant's request to provide dental health services in this predominately residential area of Hilo would be convenient to surrounding residents and students, and is therefore consistent with the intent of_he Zoning Code. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 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 request to change the zoning to a Residential-Commercial Mixed Use (RCX)zoning district conforms to the LUPAG Map, which designates the property and the surrounding area as Medium Density Urban. Such designation allows village and neighborhood commercial uses and single-family and multiple-family residential uses and related functions,up to 35 units per acre. In addition to being consistent with the LUPAG Map,the request would also support the following goals and policies of the General Plan Land Use element: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. ■ Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. The subject property is located in close proximity to the University in an area of Hilo that is primarily single-family residential in character but is interspersed with convenience- type commercial uses and multiple-family residential uses. The proposed change of zone would complement the existing residential and commercial land uses that already exist in this area and will provide for an orderly development of an area adequately served by necessary services such as water, utilities,sewers and transportation systems.Based on the above findings,the request will conform to the Zoning Code and General Plan. It should also be noted that one of the goals of the General Plan is to provide affordable housing to Hawaii residents. According to the Office of Housing and Community Development (Exhibit S),the affordable housing requirements of the County Code would generally apply to this change of zone request since residential units or lots can be developed in the RCX zoning district. However, the applicant's request for RCX- 20 zoning would only allow up to two(2) residential units to be developed on the subject property which is below the threshold(five or more residential units or lots) for requiring developers to provide affordable housing. Therefore,the standard affordable housing condition of approval has not been included in the draft bill for this change of zone request. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 All essential utilities and services are available to the site. Access to the Property is from Kilauea Avenue, which is a four-lane County roadway with a pavement width of approximately 44 feet within a 64-foot wide right-of-way. The General Plan identifies Kilauea Avenue as a secondary arterial street requiring a right-of-way width of 80 feet. Therefore, a ten-foot wide future road widening strip along the property's Kilauea Avenue frontage would be needed to eventually widen the road to 80 feet. There is an existing concrete curb and sidewalk fronting the subject property which the Department of Public Works recommends be reconstructed to meet the requirements of the Americans with Disabilities Act. Therefore, conditions of approval for the change of zone will address these recommendations. Traffic will not increase significantly at the site based on the applicant's initial plans to develop an approximately 4,244-square foot dental office building, which will generate approximately 16 a.m. peak hour trips and 19 p.m.peak hour trips according to the ITE Trip Generation Manual, T`h Edition. However, to be consistent with the concurrency requirements of the Zoning Code,the Planning Department recommends a condition of approval be included to require submittal of a Traffic Impact Analysis Report (TIAR)if a land use is developed that would generate over 50 peak hour trips, and that the applicant be responsible for constructing any improvements identified in the TZAR required by the Department of Public Works. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable, and is located in flood zone "X"which is an area determined by FEMA to be outside the 500-year flood plain. County water is available from an existing I O-inch waterline within Kilauea Avenue fronting the property. The property is currently served by a 518-inch metes which is limited to an average daily usage of 400 gallons. The applicant will submit water usage calculations to the Department of Water Supply in order to determine whether the existing water meter will be adequate to provide water to the proposed development, or if a larger or additional water meter is needed. The 10-inch waterline fronting the property is also capable of providing the required pressure of 2,000 gallons per minute of water flow for fire protection for commercial land uses. A cesspool on the property services the existing dwelling. Wastewater generated by the proposed development will be disposed of by individual wastewater system(s) meeting the requirements of the Department of Health. There are no municipal waste collection services in the County. Therefore, all solid waste generated by development of the property will require private disposal at the Hilo landfill. Electrical and telephone The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 services are available to the property. Police, fire services and medical services are available nearby in Hilo. This favorable recommendation is made with the understanding that the applicant remain responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Residential-Commercial Mixed Use zoning district,prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the request to rezone the property from a Single- Family Residential- 10,000 square feet (RS-10) to Residential-Commercial Mixed Use- 20,000 square feet (RCX-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 the Section 25-8-33 (Hilo Zone Map), Article 8, Chapter 25 (Zoning Code)of the Hawaii County Code is transmitted. We are enclosing copies of the staff Background,Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, _ Zendo Kern, Chairman Windward Planning Commission WkaWentalhealthrez i 1-000146wpc2 Enclosures cc: Mr. Sidney M. Fuke f Dr. Ellsworth Takata Department of ruwic Works Department of Water Supply Department of Land&Natural Resources-HPD Amy Self, Esq., Corporation Counsel I• l; DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI `lr: .... =r 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE(808)961-8050 • FAX (808)961-8657 July 19, 2021 TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Change of Zone Ordinance No. 12-33 (REZ 11-000146) Applicant-Takata Dental Health Center, Inc. Request- Amendment for a 5-year Time Extension of Condition B (Time to Complete Construction) and Condition C (Water Commitment) Tax Map Key 2-2-038:028 We have reviewed the subject request and have no objection. Please be informed the existing service installed to the parcel should be adequate to support the proposed demand for the project. Therefore, a water commitment deposit is not required. Our conditions stated in our October 31, 2011, Memorandum to you, and copied to the applicant, still stand. Please re-submit plans for review=and approval. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning; Branch at 961-8070, extension 256. Sincerely yours, tY vv Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy—Takata Dental l lealth Center, Inc. Mr. Sidney M. Fuke,Planning Consultant Imata and Associates, Inc. . . . Water, Our Yost ftec' us Resource. . . WWI SCANNED Planning De i. The Department of Water Sup piy is an Equal Opportunity provider and employer- 7/2 1/202 1 Exhibit - COR-21-564319 pF WATER S v Q� GAA p� �L 79 49 DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAII oGylYpFHAWP\\�P�� 3 4 5 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 - FAX (808) 961 -8657 October 31, 2011 TO: Ms. BJ Leithead-Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager-Chief Eningeer SUBJECT: CHANGE OF ZONE APPLICATION(REZ 11-000144) APPLICANT—TAKATA DENTAL HEALTH CENTER,INC. REQUEST: RS-10 TO RCX-20 TAX MAP KEY 2-2-038:028 y' We have reviewed the subject application and have the following comments and conditions. There is an existing 10-inch waterline within Kilauea Avenue fronting the subject parcel. The subject parcel is currently served by a 5/8-inch meter,which is limited to an average daily usage of 400 gallons. The Department has no objection to the proposed change of zone application subject to the applicant understanding and accepting the following conditions: 1. Prior to effecting a water commitment for the subject application,the applicant must submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the total estimated maximum daily water usage(in gallons per day)and the estimated peak flow(in gallons per minute). Based on the water usage calculations provided, if the existing 5/8-inch meter cannot accommodate the estimated demand, a larger or additional meter will need to be installed and remittance of the prevailing facilities charge, which is subject to change, will be required. If a 5/8-inch meter can accommodate the estimated demand,then the applicant may continue to utilize the 5/8-inch meter. 2. The proposed land use will require the installation of a reduced pressure type backflow prevention assembly,within five(5)feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s)must be inspected and approved by the Department before water service can be activated. 3. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. 4. Please be informed that the existing 10-inch waterline within Kilauea Avenue is adequate to provide 2,000 gallons per minute of flow for fire protection, as required per the Department's Water System Standards for the proposed type of land use. Planning Dept. . . . Nater, Our Most Precious Resource . . . Ka Wai A Kane . . . 075023 Exhibit 3 The Department of Water Supply is an Equal Opportunity provider and employer. Ms. BJ Leithead Todd, Planning Director Page 2 October 31, 2011 Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Milto . Pavao, P.E. Mana er Chief Engineer FM:dfg copy— Takata Dental Health Center, Inc. Sidney M. Fuke, Planning Consultant �tI C!k'•4 Mitchell D. Roth Ramxi I. Mansour Mayorti �. Director Lee E.Lord `>■o,,,.+ Brenda D.Iokepa-Moses Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite 41• Hilo,Hawaii 96720 Ph:(808)951-8083 + Fax:(808)961-8086 09H PLANNTNGi [SEPT Email: cohdem@hawaiicounty.gov JUN 23 2421 Pm2:28 MEMORANDUM REC'D HAND DELIVERED TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour,Dir tvr �. Q-dart. Department of Environm tjan�agement DATE: June 21, 2021 SUBJECT: Amendment to Change of Zone Ordinance No. 12-33 (REZ 11-000146) Applicant: Takata Dental Health Center, Inc. Request: Amendment for a 5-year Time Extension of Condition B (Time to Complete Construction)and Condition C (Water Commitment) Tax Map Key: (3)2-2-038:028 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): (X) No comments. ( ) Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. { ) Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. { ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( } Other: County of Hawai'i is an Equal Opportunity Provider and Employer Planning Dept. V Exhibit 4 Ramzi I. Mansour, Director June 21, 2021 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations(contact the Wastewater Division for details): ( } No comments. ( } Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai`i County Code. ( } Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( } Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Check or dine out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( X } Proposed activity may be subject to existing or future federal, state, or county regulation under Title 40 CFR 403.5, prohibiting discharge of certain pollutants into publicly owned treatment works. Contact the Hawaii Department of Health for information regarding pretreatment standards. { ( } No County sewer system in the area. Contact the Hawaii Department of Health regarding Individual Wastewater System requirements. (X) Other: Applicant may be required to install a dry sewer lateral for fixture connection to the County sewer on Kilauea Avenue. RM:pls or hT 4 9Sp y DAVID Y.IGE rfy� EL47ABETH A.CHAR,M.D. GOVERNOR OF HAWAII p DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH nrapy.pFile. eferlo. File. P.0.Bax 916 HILO,HI 96721-0916 MEMORANDUM C H PLANNs G DEPT JUL 27 2)021 PM3:53 RE0 HAND DELIVERED DATE: July 26, 2021 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda / 4, District Envirdnmental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No. 12-33 (REZ 11-000146) Applicant: Takata Dental Health Center, Inc. Request: Amendment for a 5-year Time Extension of Condition B (Time to Complete Construction) and Condition C (Water Commitment) TMK: 2-2-038:028 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The subject project is located within or near proximity to the County sewer system. All lots in the proposed project shall connect to the County sewer system. The Department of Health(DOH), Clears Water Branch (CWB), acknowledges receipt of the subject document on June 24,2021. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance * Any project and its potential impacts to State waters must meet the State's: 1] Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], Planning Dept. Exhibit 5 Zendo Kern July 26,2021 Page 2 of 4 * A Section 401 Water quality Certification (WQC) is required if your project/activity: - Requires a federal permit, license,certificate, approval, registration, or Statutory exemption; and - May result in a discharge into State waters. The term"discharge" is defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Examples of"discharge" include,but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water: solid waste, rock/sand/dirt, heat, sewage,construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (PDH)Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: hit 7s:11�lea-clouci.dol�.liawaii.����lc cern}itl. Please see HAR,chapter 11.54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: http:Ilhcaltli.haw_aii.gov/cwb/. ■ National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading,grubbing,excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through (ix) and(xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. Zendo Kern July 25, 2021 Page 3 of 4 -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: httpS;//eha-c IOLid.doli.haw aii.�ov/ei)ermit/. A Notice of Intent (NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. The NOI is available on the e-Permitting Portal website located at: Please see HAR, Chapter 11-5 5 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at. http://hLaltli.liawaLi ,,Ao N. • According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement ■ Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control Zendo Dern July 26, 2021 Page 4 of 4 • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: w w_IlawniJ.c0'ld0hlha.11utCLiI'unnfk:t�nt1'.(I. If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering Section, CWS, at (808) 586-4349. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. We recommend that you review all of the Standard Comments on our website: l7iiF�:IlhtlwEEii,<<t7�Ih�.l�[IlI�Il4'IE'l)I7Il7CIl[allcn� pl;inrlin�*11 InLIu�ellal7Liu�t:.htn7l. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group BEWG of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers,planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. A;9SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawai'i 96720 •Planning•Variance•Zoning Telephone:(808)989-1522 Cell:(808)989-0840 •Subdivision•Land Use Permits E-mail:s idf u ke 0 hawai i antel.n et •Environmental Reports August 16,2021 CGH PLArP4N-W DEPT WO 19 2121 PM2:15 Mr. Zendo Kern, DirectorRECD BY HAIL ��` il���a�e � Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo,Hawai'i 96720 Dear Mr. Kern: Subject: Rezoning Time Extension (Ord.No. 12-33,REZ 11-000146) Takata Dental Health Center,Inc. Waiakea, South Hilo, HI,TMK: 2-2-038: 028 Thank you for providing me with a copy of agency comments to date. In response to these comments,we note the following: a. The Police Department noted that it"does not anticipate any significant traffic and/or public safety concerns"; b. The Solid Waste Division of County Department of Environmental Management had no comments. The Wastewater Division, however, noted that the project may be required to install a dry sewer lateral for a future connection to Kilauea Avenue. The applicant has no objections to having its project connect to a sewer line to Kilauea Avenue whenever it becomes available. Since connection is already mandated for properties fronting a sewer line, the applicant does not believe that the premature construction of a dryline is warranted. There are 3 factors that could require the applicant to install a new lateral. For one, it could deteriorate over time due to non- use or other factors. Then,too,the construction standards/material may change over time. Finally,the point of connection at Kilauea Avenue may change. c. The Department of Public Works. Engineering Division had no objections to the request. d. The Department of Water Supply noted that the existing service is sufficient to accommodate the project. As such, a water commitment deposit is not required. This would thus make the requested amendment moot, and the applicant would have no objections to either having this condition deleted or withdrawing this portion of the extension request,provided that your office deem this requirement fulfilled. e. The State Department of Health noted that the site is located close to the County sewer system and notes that"all iota in the proposed project shall connect to the County sewer system." (Emphasis added) There are several things to note. For one, this is not a subdivision but a project. If it were a subdivision, Section 23-85(a) of the Subdivision Code requires lots within a proposed subdivision connect to a public system within 300 feet of the property. Even if it were, the nearest line is located at Planning Dep Kawili Street, which is located more than 300 feet from the site. Subsection (b)notes Exhibit 6 Mr. Zendo Kern, Director August 15, 2021 Page 2 further that if there is no line within that radius,the lots must comply with the requirements of the State Department of Health. In either event,the applicant intends to comply with prevailing wastewater requirements of the State Department of Health. The comments also outlined other construction-related permitting requirements, which included the National Pollution Discharge Elimination System(NPDES) permit. This permit will be secured prior to the installation of any drywells or drainage related improvements related to the discharge of storm water associated with the project. The construction noise and dust control measures will be adhered to by the contractor during the construction phase of this project. We trust that the above adequately responded to the comments. If not or if there are further questions or comments,please feel free to contact me. Thank you very much. q"� SIDNEY M. FUKE Planning Consultant Copy—Dr. Brice Takata, Takata Dental Health Center, Inc. via email