HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-REZ-2022-021) BHilo Seniorinve stmentsREZAmend.6.8.2022
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
HILO SENIOR INVESTMENTS, LLC (FORMERLY ISLAND HERITAGE VENTURES,
LLC)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 17 24 (PL-REZ-2022-000021)
HILO SENIOR INVESTMENTS, LLC has submitted an application for an amendment to
Condition C (Time to Secure Final Subdivision Approval) of Change of Zone Ordinance No.
17 24,which rezoned approximately 7.402 acres of land from Single-Family Residential-10,000
Square Feet(RS-10)to Neighborhood Commercial-7,500 Square Feet(CN-7.5). The subject
property is located on the southeast side of the intersection of Kanoelehua Avenue (Highway 11)
and East Kahaopea Street, Waidkea Homestead House Lots, South Hilo, Hawaii,
TMK: (3) 2-2-044:031, 032, 035 and 037.
Applicant's Request
1. Applicant's Request: The applicant is requesting a five (5)-year time extension to
Condition C (Final Subdivision Approval) of Change of Zone Ordinance No. 17 24,
which currently states:
Final Subdivision Approval of the proposed consolidation/resubdivision of the subject
property shall be secured within five (S)years from the effective date of this amended
ordinance. The subdivision plans shall delineate a 10 foot wide road widening strip
along the Kahaopea Street frontage.
2. Applicant's Reasons for the Request: According to the applicant, the time extension is
being requested because more time is needed to develop the assisted living facility (ALF)
and commercial/retail building. The delay in developing the property was due to the
combined effects of the 2018 eruption of Kilauea and the COVID-19 pandemic,resulting
in delays in County and State agency review processes and a general economic downturn
affecting the Applicant's ability to secure investors and funding.
3. Landowner: Hilo Senior Investments LLC.
4. Supportive Information: The applicant has submitted the attached in support of the
request: (Planning Department Exhibit 1 — Change of Zone Amendment Request
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dated March 15, 2022 and Supplemental Information received March 28, 2022-
Overall Site Plan Sheet C101 dated August 2020 and Site Plan Al dated March 27,
2018).
PERMITTING HISTORY
5. December 5, 1996—Effective Date of Ordinance No. 96 159, approved by County
Council to change the zoning of the subject property from Single-Family Residential-
10,000 square feet(RS-10) to Neighborhood Commercial-7,500 square feet(CN-7.5).
6. October 22, 1999—Effective Date of Ordinance No. 99 116, approved by County
Council to amend Conditions B, D, E, I, J and K of Ordinance 96 159.
7. August 10,2012—Effective date of Ordinance No. 12 111, approved by County Council
to amend several conditions of Ordinance No. 99 116.
8. April 20,2017—Effective date of Ordinance No. 17 24, approved by County Council to
amend several conditions of Ordinance No. 12 111.
9. November 17, 2017—Applicant's request for a parking variance was approved by the
Planning Director, to allow for six (6) stalls out of the sixty (60) stalls allotted for the
proposed ALF to be allocated toward the two-story commercial center to satisfy its
parking count requirement.
10. November 22, 2017—Applicant submitted an application for Plan Approval, PLA-17-
001489. Final Plan Approval has not been issued.
11. June 5,2018—Tentative Subdivision Approval by the Planning Director issued.
Applicant plans to submit a request for an administrative time extension through June 5,
2026.
12. February 16,2021 —Applicant's Master Plan was approved by the Planning Director,
pursuant to Condition D of Ordinance 17 24.
STATE AND COUNTY PLANS
13. State Land Use Designation: Urban.
14. County Zoning: Neighborhood Commercial- 7,500 square feet(CN-7.5)
15. General Plan LUPAG Map: Low Density Urban,which allows residential (overall
residential density may be up to six units per acre),with ancillary community and public
uses, and neighborhood and convenience-type commercial uses.
16. Hilo Community Development Plan (CDP): The Hilo CDP, adopted as Planning
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Commission Resolution No. 1 on May 21, 1975, identifies the property for residential
use.
17. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The site is located over
two (2)miles from the nearest shoreline and is not situated within the SMA.
DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA
18. Subject Property: The vacant property was formerly used as a nursery and is currently
covered in a variety of non-native trees, shrubs and grasses. There are three road
easements within parcels 35 and 37 that provide access to parcels 03, 30, 32 and 33. The
Palai Stream runs along the east boundary of the subject property.
19. Surrounding Zoning/Land Uses: There is a single-family dwelling on Parcel 30,which
is an RS-10 zoned lot fronting Kanoelehua Avenue that is surrounded by the subject
property. With the exception of the Puainako Town Center, which is located northwest of
the property across the East Kahaopea Street/Highway 11 intersection, the surrounding
area is in single-family residential use. There are two vacant parcels zoned RS-10
between the subject property and the Hilolani Subdivision to the east. The majority of
these two parcels are situated in the"AE" flood zone. The Ka`iulani and Ruthie
Subdivisions are located to the south and the Waidkea Homesteads Houselots are located
to the north on lands zoned RS-10.
20. Agricultural Lands of Importance to the State of Hawaii (ALISH): Urban.
21. Land Study Bureau's Detailed Land Classification Systems: Unclassified.
22. U.S. Soil Survey: The soils on the subject property are classified Ola`a Series (OID),
consisting of extremely stony, silty clay loam with 0 to 20% slopes. The soil has a very
dark brown extremely stony silty clay loam surface layer approximately nine inches thick
and is underlain by A`a lava. Permeability is rapid, runoff is slow, and the erosion hazard
is slight.
23. Flood Zone: Portions of the property are in an area designated as Flood Zone AE on the
Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency
(FEMA). Flood Zone AE is a Special Flood Hazard Area inundated by the 100-year (1%
chance of occurring in any given year)where flood elevations have been determined.
24. Floral/Faunal Resources: The property was grubbed of invasive vegetation in 2001 and
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2004. Since then invasive trees and shrubs have again taken root. Feral pigs and goats
have been observed; however no rare, threatened or endangered species have been
located on the property. It is highly unlikely that they would exist on the property due to
the property's close proximity to urban development. According to the Department of
Land and Natural Resources, Division of Forestry and Wildlife (DOFAW),the Hawaiian
Hawk or `Io (Buteo solitarius) may occur in the project vicinity and their nests might be
present during the breeding season from March to September. DOFAW reported that
Hawaiian Hoary Bat or `Ope`ape`a(Lasiurus cinereus semotus) could potentially occur
in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup
rearing season spans from June 1st through September 15th. DOFAW also reported that
lighting should be shielded and other actions taken to minimize impacts on and remove
predators of seabirds. Finally, DOFAW reported that the Hawaiian Goose or Nene
(Branta sandvicensis) may also potentially occur in the vicinity of the proposed project
site. It is against State law to harm or harass this species. DOFAW has provided guidance
on measures to avoid and minimize impacts to the listed species, in addition to guidance
on avoiding the spread of invasive species and pathogens.
25. Historical/Archaeological Resources: The property was previously used as a nursery
but currently no structures exist on the property. The property was grubbed around 2001.
In February 2009, a field inspection was conducted by an archaeologist to assess the site
conditions related to historic and cultural sites. It was observed that most of the property
had been mechanically altered in the past.
26. Cultural Resources: The property does not contain any features of cultural importance
and there is no history of traditional gathering associated with the property. The proposed
use would not affect the exercise of traditional or customary Native Hawaiian rights in
the area.
27. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
28. Access: Access to the property is currently provided via an unimproved driveway on
Kahaopea Street near Kanoelehua Avenue. This driveway is located just east of a road
and utility easement that provides access to Parcel 30. The applicant plans to construct a
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30-foot wide driveway access further east on Kahaopea Street across from `Awapuhi
Street. Kahaopea Street is a County roadway with a 40-foot wide right-of-way and is
paved with no sidewalks or curbs. Department of Public Works has commented that they
have no objections to the applicant's request for a time extension. According to the
Hawaii Department of Transportation, Highways Division (HDOT-HWY), the applicant
is working with the Hawaii District Office to complete the traffic improvement
approvals which is a condition of the concurrent Use Permit. HDOT-HWY has no
objection to granting the applicant's request for a time extension. HDOT, Airports
Division (HDOT-A) provided comments addressing requirements of the Federal Aviation
Administration (FAA) since the proposed project is located approximately 7,300 feet
from the property boundary of Hilo International Airport.
29. Water: County water is available to the site from a 20-inch waterline in Kanoelehua
Avenue and 8-inch waterline within Kahaopea Street. There is an existing service lateral
designated to parcel 37 capable of accommodating a 1-inch meter, which islimitedto
three(3)units ofwater,oramaximum daily usage of 1,800 gallons per day. According to the
Department of Water Supply (DWS), the water commitment for the subject property
expired on September 30, 2020 and the applicant must submit payment in order to extend
the commitment for thirty-one (3 1) additional units of water until September 30, 2022.
DWS also states that additional water system improvements, such as new service
lateral(s) and meter(s), in addition to a reduced pressure type backflow prevention
assembly may be required to provide the amount of water needed for development of the
property. According to DWS,the existing 20-inch waterline in Kanoelehua Avenue is
adequate to provide the required 2,000 gallons per minute flow for fire protection.
30. Wastewater System: The County sewer system extends as far south as Maka`ala Street
in Hilo,therefore there is no sewer in the area. The applicant estimates about 17,740
gallons per day of wastewater will be generated at the proposed assisted living facility. A
wastewater treatment unit will be installed to handle the wastewater, which will include a
secondary treatment facility, pump station, treatment tanks and injection wells. The
system will meet the requirements of the State Department of Health.
31. Solid Waste: There is no municipal waste collection services in the County. Solid waste
will be disposed of at an authorized landfill by commercial haulers or individual
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homeowners.
32. Essential Utilities and Services: Electricity and telephone services can be made
available to the site. Police, fire and medical services are available nearby in Hilo.
AGENCIES' AND ORGANIZATIONS' COMMENTS
33. Department of Water Supply (Planning Department Exhibit 2—April 5,2022 Letter
and May 4, 2022 Letter)
34. State Department of Land and Natural Resources—Division of Forestry and
Wildlife (Planning Department Exhibit 3 —April 22,2022 Memo)
35. Department of Transportation—Highways and Airports Divisions (Planning
Department Exhibit 4—May 6,2022 Letter)
AGENCIES -NO COMMENTS OR OBJECTIONS
36. Department of Public Works Engineering Division; Fire Department; Police Department;
State Department of Health; State Department of Land and Natural Resources
Engineering Division; State Department of Land and Natural Resources Land Division
AGENCIES -NO RESPONSES
37. Department of Public Works, Traffic; Department of Environmental Management; Civil
Defense; Office of Housing and Community Development; Real Property Tax; State
Department of Land and Natural Resources— State Historic Preservation Division
PUBLIC COMMENTS
38. No public comments have been received as of the date of the writing of this report.
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Law Offices of Yeh & Kim RONALD N.W.KIM RKim u vehandkim.com
Of Counsel:
THOMAS L.H.YEH TLY-u vehandkim.com
505 Kilauea Avenue, Suite B JILL D.RAZNOV JRamovu.vehandkim.coin
Hilo, Hawaii 96720-3059 JOHN MUKAI JMukai-i-evehandkim.com
Telephone: (808)961-0055
Website: www.yehandkim.com
March 15, 2022
Dean Au, Chair
County of Hawaii, Windward Planning Commission
Aupuni Center
101 Pauahi Street, Ste. 3
Hilo, Hawaii 96720
SUBJECT: Amendment to Change of Zone Ordinance No. 17-24
Applicant: Hilo Senior Investments,LLC (formerly Island Heritage
Ventures, LLC, formerly RhodesMoore, LLC)
Request: Time Extension to Comply with Condition C (Final
Subdivision Approval)
TMK: 2-2-044:031, 032, 035 and 037; Waiakea, South Hilo, Hawai'i
Dear Chair Au:
On behalf of Hilo Senior Investments ("Applicant"), this is to request the grant of a time
extension of an additional five (5) years for the completion of Condition"C" of Change of Zone
Ordinance No. 17-24, effective April 20, 2017 (the "Ordinance", attached). Under Condition"C"
of the Ordinance, Applicant is to secure final subdivision approval of the proposed consolidation/
resubdivision of the Subject Property' within five (5) years from the effective date of the
Ordinance, or by April 20, 2022. Submitted contemporaneously herewith is Applicant's time
extension request for completion of Condition "5" of Use Permit No. USE-16-000065 (the "Use
Permit", attached). Under Condition"5"of the Use Permit, construction of the proposed
development shall be completed within five (5) years of the effective date of the Ordinance.
2
Condition"T"of the Ordinance requires that, should Applicant require an additional
extension of time, the Director shall submit the applicant's request to the County Council for
appropriate action. See also Section 25-2-44(b) of the Hawaii County Code ("HCC") (requiring
changes or alterations of conditions of any change of zone ordinance be processed in the same
manner as a zone change, unless the council authorizes otherwise). Condition 12 of the Use
Permit requires administrative approval for an initial time extension granted by the Planning
Director(the "Director"). The Planning Department (the "Department") has requested that, if
Applicant plans and expects to complete construction by or before January 12, 2027, then the
' While the Ordinance applies to all four parcels in the subject,the Use Permit only applies to TMK Nos.
(3)2-2-044: 032, 035 and 037 (hereinafter, collectively referred to as the"Property"or"Properties")
Although the Use Permit was approved on January 12, 2017, Condition 2 states that: "[t]he effective
date of this Use Permit shall be the effective date of Ordinance No. 12 111, as amended."Condition 2, pg.
1. Ordinance No. 17-24 was an amendment of Ordinance No. 12-111.
Planning Dept.
Exhibit -- 1
Law Offices of Yeh & Kim
Dean Au, Windward Planning Commission Chair
March 15, 2022
Page 2
time extension requests under the Use Permit and the Ordinance be submitted separately.
Applicant does plan and intend to complete construction in this time frame.3
If granted, the requested time extension would extend the deadline for completion of the
project under the Ordinance to April 20, 2027. This is Applicant's first request for a time
extension to complete the proposed project under both the Ordinance or the Use Permit. Previous
development plans for the subject property under prior owners did not contemplate the
development of an assisted living facility that is now planned for the site. A description of the
general status of the project and reasons for this instant request follow.
GENERAL STATUS OF PROJECT DEVELOPMENT
Since March 11, 2019, the Applicant, Hilo Senior Investments LLC, has been an active
registered foreign limited liability company in good standing with the Hawaii Department of
Commerce and Consumer affairs ("DCCA"). Its principals are PSC West Coast Investments
LLC and John Dewald. Hilo Senior Investments LLC is the current fee owner of the Subject
Properties. Applicant's predecessor RhodesMoore, LLC, which specializes in senior care
developments, was an affiliated entity and the original Applicant on the both requests for a use
permit and an amendment to the zoning ordinance.
Ordinance Approval and Conditions
The Ordinance, effective as of April 20, 2017, amended Ordinance No. 12-111,
which amended Ordinance No. 99-116, which amended Ordinance No. 96-159, which amended
Sec. 25-8-33 (City of Hilo Zone Map), Art. 8, Ch. 25 (Zoning Code) of the HCC 1983 (2016 ed.,
as amended) (formerly Sec. 25-114, City of Hilo Zone Map, Art. 3, Ch. 25), by changing the
district classification from Single Family Residential - 10,000 square feet(RS-10) to
Neighborhood Commercial - 7,500 square feet (CN-7.5) as applicable to the Properties.
The timeline to fulfill all of the requirements and conditions of the Ordinance is
contained in Section"C" and is directly tied to obtaining Final Subdivision approval, as follows:
C. Final Subdivision Approval of the proposed consolidation/
resubdivision of the subject property shall be secured
within five (5) years from the effective date of this
amended ordinance. The subdivision plans shall delineate a
10-foot-wide road widening strip along the Kahaopea
Street frontage.
Additional related requirements of the Ordinance include:
3 To achieve cohesion and consistency, Applicant has requested that the Use Permit completion deadline
continue to be synchronized with the requested COZ Ordinance deadline of April 20, 2027. Nonetheless,
Applicant fully plans and intends and has the ability to complete construction by January 12, 2027.
Law Offices of Yeh & Kim
Dean Au, Windward Planning Commission Chair
March 15, 2022
Page 3
• payment of water commitment deposit to the Department of Water Supply
("DWS") and submittal of anticipated maximum daily water usage
calculations prepared by a State licensed, professional engineer prior to
issuance of Final Plan Approval (Condition B);
• submission of a Master Plan for review and approval by the Director, in
conjunction with plans for subdivision review and a Landscaping Plan, per
Department Rule 17. Final Plan approval shall also be secured (Condition D);
• submission of an updated Traffic Impact Analysis Report (TIAR) for review
and approval by DPW and Department of Transportation ("DOT") prior to
submittal of plans for subdivision review, if required by the Director
(Condition E);
• submission of a Solid Waste Management Plan to the Department of
Environmental Management ("DEM") for review and approval prior to Final
Plan approval (Condition F);
• construction of necessary drainage improvements approved by DPW and
obtaining a LOMR prior to issuance of Final Subdivision approval or
Certificate of Occupancy for any development adjacent to or affected by
drainage improvements. This condition may be satisfied by an agreement with
the County providing assurance of satisfactory and timely completion of
required drainage improvements, secured with a surety bond per HCC, Ch. 23,
which shall not be released until FEMA approves a LOMR(Condition G); and
• improving and widening the south side of Kahaopea Street prior to securing
Final Subdivision approval or issuance of Certificate of Occupancy, approved
by DPW (Condition H).
Pursuant to Condition"T" of the Ordinance and HCC, Sec. 25-2-44(b), a request
for an additional extension of time shall first be submitted to the Director, who shall submit
Applicant's request to the County Council for appropriate action. Although the criteria for
granting an initial request for a time extension to perform conditions under a change of zone
ordinance are not found in the Ordinance itself, nor is such criteria found in any rule or code, per
the Department, zoning extension requests are generally analyzed under the following criteria:
1. The non-performance is the result of conditions that could not
have been foreseen or are beyond the control of the applicant,
successors or assigns, and that are not the result of their fault or
negligence.
2. Granting of the time extension would not be contrary to the
General Plan or Zoning Code.
3. Granting of the time extension would not be contrary to the
original reasons for the granting of the change of zone.
4. The time extension 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).
Law Offices of Yeh & Kim
Dean Au, Windward Planning Commission Chair
March 15, 2022
Page 4
Related Use Permit Approval and Conditions
On January 5, 2017, the Windward Planning Commission ("WPC") voted to
approve Applicant's request for the Use Permit to allow the establishment of a 120-bed Assisted
Living Facility (ALF) and related uses, including a small two-story commercial center, on the
Property (hereinafter, the "Project"). Approval of the Use Permit was subject to Condition No. 5,
as relevant to the instant time extension request, as follows (in pertinent part):
5. Construction of the proposed development shall be
completed within five (5) years from the effective date of
this permit [which is the effective date of the Ordinance].
Prior to the commencement of 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), Hawai'i County Code . . .
Related to Condition No. 5, and a requirement for its fulfillment, is Condition No.
4, which states as follows:
4. Prior to submitting plans for Plan Approval review, the
applicant shall secure Final Subdivision/Consolidation
Approval to consolidate and/or re-subdivide tax map key
numbers 2-2-044:032, 035 and 037 in a manner such that
the land to be used for the assisted living facility and
related improvements shall be located on a lot of
appropriate size and location to accommodate the facility,
related improvements and required building setbacks.
Additional requirements of the Use Permit, as relevant to the instant request, include:
• Providing an alternative emergency access to the facility when the primary
access driveway is not accessible (Condition 6);
• Obtaining a Conditional Letter of Map Revision from FEMA (CLOMR) prior
to the issuance of Final Plan Approval and a FEMA Letter of Map Revision
(LOMR) prior to the issuance of a Certificate of Occupancy, if required by the
Department of Public Works ("DPW") (Condition 7); and
• Installing a private wastewater treatment plant meeting with DOH
requirements prior to receipt of a Certificate of Occupancy (Condition 8).
Activities Completed Per the Conditions of Use Permit and Ordinance.
In furtherance of the Project and in conformity with the Conditions of the Use
Permit and the Ordinance, Applicant has competed and/or engaged in the following activities:
Law Offices of Yeh & Kim
Dean Au, Windward Planning Commission Chair
March 15, 2022
Page 5
• Parking Variance Approval—On November 17, 2017, the Director certified
the approval of Applicant's request for Variance 17- 00440 to allow for six (6)
stalls out of the sixty stalls allotted for the proposed ALF to be allocated
toward the two-story commercial center to satisfy its parking count
requirement (the "Variance"). The Variance is from HCC, Sec. 25- 4-51(a)(4)
(Required Number of Parking Spaces) and is subject to five conditions. Of
relevance to this request is Condition No. 4, requiring Plan Approval to be
secured prior to obtaining a building permit.
• Tentative Subdivision Approval- On June 5, 2018, the Director granted
tentative subdivision approval ("TA") of Applicant's preliminary plat map,
dated 01/29/2018, for Land Court Application 1675 as related to the proposed
consolidation of Lots 2-A&2-B (Map 4) and Lots 5 &6 (Map 3) and
resubdivision into Road Lot 2-C and Lots 2-D, 2-E & 6-A (SUB-18-001784),
with modifications and conditions. On March 18, 2020, Applicant
deregistered the Property from the Land Court via Voluntary Deregistration
Request, recorded in the Bureau of Conveyances of the State of Hawaii on
03/18/2020 as Doc. Nos. 73820877 and 878. Applicant has not completed all
requirements of the TA and plans to submit a request for administrative
extension through 06/05/2026 per HCC, Sec. 23-62 after the requested
extensions are addressed and determined.
• Master Plan Approval- On February 16, 2021, the Director approved
Applicant's Master Plan in compliance with Condition D of the Ordinance
and copied the Administrative Permits Division for eventual issuance of Final
Plan Approval in conformance with the approved master plan. Applicant's
master plan included a landscaping plan, per Department Rule 17.
• Right of Entry for Adjacent Land(grading) —The collective owners of TMK
Nos. (3) 2-2-044:033 and 034, located adjacent to the Property, entered into a
Right of Entry Agreement to allow Applicant to conduct stream and drainage
improvement work on the Property in compliance with permits and approvals
for such work. This Agreement was a prerequisite to Applicant receiving a
grading permit from the County of Hawaii.
• Water Calculations—On March 17, 2017, DWS approved Applicant's water
demand calculations. Applicant submitted its water improvement plans to
DWP on January 20, 2022, which are now under review. Applicant will pay
water facilities charges prior to construction.
• Drainage Plans - DPW approved Applicant's drainage plan for onsite
improvements, not including channel grading related to CLOMR, in June of
2016. Separate mass grading and drainage plans, to include the channel
grading related to CLOMR, are now being prepared by EPI.
Activities that Still Need to be Completed.
Applicant is still working to complete the following conditions:
Law Offices of Yeh & Kim
Dean Au, Windward Planning Commission Chair
March 15, 2022
Page 6
• CLOMR/LOMR Approval—The CLOMR was approved by FEMA on
February 15, 2018. LOMR approval is tied to final subdivision approval and
compliance with the conditions of approval of the Ordinance and Use Permit,
including construction and verification of the proposed drainage changes.
• Traffic Improvements Approvals—On April 17, 2018, Ron Thiel (County
Traffic Head) emailed Donald Smith (HDOT-District Engineer) to state his
agreement with and approval of Applicant's Right of Way intersection plan,
dated July 21, 2017, which includes dedicated left turn pockets on the makai
side of Kanoelehua Highway. However, although Applicant's completed
design was approved by the County, Applicant is still waiting for DOT to
issue final approval. On October 9, 2020, Applicant submitted revised traffic
improvement plans to DOT, to which DOT commented on January 3, 2021.
On January 20, 2022, Applicant submitted revised traffic improvement plans
to DOT, which are currently under review.
• Construction Plans— Applicant has submitted several iterations of its
construction plans to DPW, including on October 10, 2020, with comments
received on November 13, 2020. Applicant re-submitted its construction
plans, including all of the proposed civil improvements, to DPW on January
20, 2022, which plans are currently under review.
TIME EXTENSION REQUEST
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and that are not the
result of their fault or negligence
Applicant's non-performance of the conditions within the time frame of the
Ordinance and the Use Permit is the result of circumstances that could not have been foreseen in
January of 2017 at the time of Use Permit approval or in April 20, 2017 when the Ordinance was
approved, which circumstances were beyond Applicant's control and are not the result of
Applicant's fault or negligence.
The combined effects of the 2018 Puna eruption and the COVID-19 pandemic
caused unexpected, severe and protracted delays greatly hindering, if not completely halting for
periods of time, Applicant's performance. Specifically, the 2018 eruption delayed Applicant's
efforts to have its traffic design plans and other plans processed, reviewed and ultimately,
approved, as the County's primary focus was on protecting the community and relief efforts.
Thereafter, the County's focus on community rebuilding and road repairs post-eruption
continued to delay Applicant's efforts with design review and approvals. Several staffing
changes at the County and at the State level, post 2020- election, including at DOT and HDOT,
also caused delays in plan review, processing and approval. Finally, as is widely known and
understood, the COVID-19 pandemic, which followed the 2018 eruption, paused most commerce
activity beginning around March 2020, caused a substantial economic downturn and a rethinking
of investment strategies nationwide, and is still contributing to an uncertain economic
environment and trade disruptions. These events, coupled with the aforementioned delays in the
Law Offices of Yeh & Kim
Dean Au, Windward Planning Commission Chair
March 15, 2022
Page 7
agency review process, have contributed to an investment pause for Applicant and has also
significantly affected Applicant's ability to secure needed investors and funding.
2. Granting of the time extension would not be contrary to the General Plan or
Zonin,Q Code or the original reasons for the adoption of the Ordinance.
Granting the requested time extension would not be contrary to the General Plan
or Zoning Code or the original reasons for adoption of the Ordinance. The subject ALF continues
to be a much-needed development and will serve as a vital component of the South Hilo
community and its environs. There have been no significant changes to Applicant's original
intentions and plans for the development, as represented in the change of zone application.
Applicant's time extension request of an additional five (5) years in which to complete the
project remains consistent with the criteria applied by the Department.
3. The time extension 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
M to one additional year).
Barring any additional unforeseen delays, Applicant is ready and able to obtain
final subdivision approval for the Project by or before April 20, 2027, and to concurrently satisfy
the conditions of the Use Permit by January 12, 2027, as represented in the time extension
request therefor. Upon approval of an extension, Applicant's investment group is ready to fund
and complete the Subdivision and Plan Approval, fully perform the conditions of the Ordinance,
and begin permitting and construction of the Project as soon as possible. Much of the design
work has already been completed. All updated plans are complete enough to obtain construction
estimates and have been recently re-submitted to all approving agencies (DOT, DWS and DPW).
Once the plans are approved by the reviewing agencies, Applicant will proceed to secure Final
Subdivision and Plan Approval from the Director.
Thank you for your attention to and consideration of this request. Please do not hesitate to
contact us if you have any questions or require any additional information.
Very truly yours,
LAW OFFICES OF YEH & KIM
A- A= -
JI $,/PNZN0A�
Encls.
ec: John Dewald, Hilo Senior Investments, LLC
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Site Plan
!J�?uglos,Ponc ke HILO SENIOR LIVING Planning Dept. Site Plan
C IT T E COT RHODESMOORE,LLC Al
1 PROIECT No
INTERSECTION OF HANOELEHUA AVE.AND KAHAOPEA ST.,HILO,HAINAII S6720
Exhibit PLOT_E
a%': ATZRs
l9 ;i4
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI
345 KEKUANAQ`A STREET, SUITE 20 F ILO, HAWAVI 96720
TELEPHONE (808)961-8050 • FAX (868)961-8657
April 5; 2022
Mr. Yen Wen Fang, P.E.
Engineering Partners, Inc_
455 Easi Lanikaula Street
Hilo, I-II 96770
Dear Mr. Fang:
Subject: Water Commitment Time Extension for Use Permit Application (USE-16-000065)
Change of Zone Application (REZ840)
Applicant: Rhodes Moore, LLC (formerly Graphic Images Hawaii, Inc.)
Tax Map Key 2-2-044:443,431,032, 035 and 037
We have received construction plans for the subject application and have the following comments.
Please be informed that the water commitment for the subject application expired on
September ;0, 2020. To effect a water commitment time extension for 31 additional units of water
until September 30, 2022, a water commitment deposit of$9,300.00 = [(31 units) x (S 150.00 annual
deposit per unit) x (2 years)] must be received by this office as soon as possible.
Prior to granting water service, the following conditions must be met:
I. Cmislruct necessary water system improvernents, which shall include, but riot be limited to:
a. installation of a 2/2-inch service lateral to accommodate a 2-inch meter, and
b. installation of a reduced pressure type backflow prevention assembly within five(5) feet
of both proposed and existing meters on private property, the installation of which must
be inspected and approved by the Department before water service can be activated.
Submit construction plans prepared by a professional engineer, architect, or land surveyor,
licensed in the State of Hawaii, for review and approval.
2. Remit the prevailing facilities charge balance, which is subject to change,as shown below:
FACILITIES CHARGE (FC):
One (I) existing 1-inch meter, allotted three (3) equivalent units Paid
31 additional units of wateI-t�i) $6,095.001unit $188,945.00
Total FC Balance (subject to change) 5188,945.00
. . . Water, Our dost(Precious VSsource. . . KaWai,4 "ne. . . Planning Dept.
r�
The Department of Water Supply is an Equal Opportunity provider and employer. E x b t b i t -- L
Mr. Yen Wen Fang, P.E.
Page 2
April 5, 2022
WATER COMMITMENT DEPOSIT CREDIT (WCD):
31 additional units(@ $150.001unit, paid ane (1) time ($4.650.00
Facilities Charge Balance $184,295.00
This is due and payable upon completion of the installation of the required water system
improvements and prior to final approval being granted.
For your information, water commitment deposits are credited towards the final facilities
requirement for the development. Note that the amount of water commitment deposit may
exceed the prevailing facilities charge amount; for example, when requests for time extensions
continue and are approved. Until the development is finally completed, these are separate and
unrelated items. In the event that water commitment deposits exceed the facilit)es charge, no
refunds are applicable.
3. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding this water commitment, at which time
mailability will be subject to change in accordance with prevailing water system conditions,
policies. and Rules and Regulations.
Please be informed that the existing 20-inch waterline within Kanoelehua. Avenue fronting the project
site is adequate to provide the required 2,004 gallons per minute flow for fire protection, as per the
Department's dater System Standards.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and
Planning Branch at (808) 961-8070, extension 255.
Sincerely yours,
W"NVIO�b
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS.-dfg
copy — Planning Department
George S. Harbaugh Family Trust
Rhodes Moore, LLC
e w!rek s
rp
!V
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808)961-8657
May 4,2022
COH PLANNING DEPT
MAY 5 2022 I}m2:16
TO: Mr. Tendo Kern, Director REC°O HAND DELIVERED
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Change of Zone Amendment Application No. PL-REZ-2422-000021
Amendment to Change of Zone Ordinance No. 17 24 (REZ 840)
Applicant—Hilo Senior Investments,LLC
(formerly Island Heritage Ventures, LLC)
Request—Amendment for a 5-year Time Extension of Condition C
(Secure Final Subdivision Approval)
Tax Map Keys 2-2-044:031, 032, 035 and 037
We have reviewed the subject application and have the following comments and conditions.
The requirements from our memorandum dated April 5, 2022, to Engineering Partners, Inc., and
copied to your department, regarding the proposed application, still stand.
Should there be any questions,please contact Mr. Troy Samura of our Water Resources and
Planning Branch at (809) 961-8070, extension 255.
Sincerely yours,
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy - Hilo Senior Investments, LLC
Engineering Partners, Inc.
. . . Nater, Our dost ftecious 1&source. . . Y,,# Wai,4 Kdne. . . Planning D e p s.
The Department of Water Supply is an Equal Opportunity provider and employer. Exhibit- 2
Mori, Ashley
From: Nakamura, Darlene K <darlene.k.nakamura@hawaii.gov>
Sent: Monday, May 9, 2022 4:17 PM
To: Planning Internet Mail
Subject: Request for Comments - Hilo Senior Investments, LLC -
Attachments: Hilo Senior Investments, LLC.signed.pdf, Hilo Senior Investments LLC.ENGR
Comments.pdf, Hilo Senior Investments LLC.DOFAW Comments.pdf; Hilo Senior
Investments LLC.HDLO Comments.pdf
Attached are comments from the Hawaii Department of Land and Natural Resources to the above-entitled
subject project.
Planning Dept.
Exhibit 3
t� 10 F kq Sl'1:CNNF.DXASE
DAVID Y.IGE ('I1.�IHPGI2Sf1\
GOVERNOR OF HAWAII 0 HOARD OF LAN 1)AND NA:I'RAL RLSOt R(Ph
r - MANx[:F:sIENI
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and C
of%" Nares
a
P
STATE OF HAWAII
S7afe of HawaDEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOY 6)1
HONOLULU.HAWAII 96809
May 9,2022
County of Hawaii
Planning Department
Attn: Ms. Jessica Andrews via email: alanning@hawaiicounty.gov
101 Pauahi Street, Suite 3
Hilo, Hawaii 96724
Dear Ms. Andrews:
SUBJECT: Change of Zone Amendment Application No. PL-REZ-2022-000021
Amendment to Change of Zone Ordinance No. 17 24 (REZ 840)
Request: Amendment for a 5-year Time Extension to Condition C (Secure
Final Subdivision Approval) located at South Hilo, Island of Hawaii;
TMKs: (3) 2-2-044: 031, 032, 035, and 037 on behalf of Hilo Senior
Investments, LLC (formerly Island Heritage Ventures, LLC)
Thank you for the opportunity to review and comment on the subject matter. The Land
Division of the Department of Land and Natural Resources (DLNR) distributed or made available
a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and
comments.
At this time, enclosed are comments from the (a) Engineering Division, (b) Division of
Forestry& Wildlife, and (c) Land Division-Hawaii District on the subject matter. Should you have
any questions, please feel free to contact Darlene Nakamura at (848) 587-0417 or email:
darlene.k.nakamura(U,)hawaii.gov. Thank you.
Sincerely,
Russell Tsuji
Russell Y. Tsuji
Land Administrator
Enclosures
cc: Central Files
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STATE OFHAWAII
DEPARTMENT ONrL.�N0 AND NATURAL R08,»URc0S
/-AN omv/mmN
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HONOLULU,HAWAII vnxov
AprIl.2D22
MEMORANDUM
|'RUyN: :PG7 DLNR Agencies:
Div. ofAquatic Resources
O|v. of Boating & Ocean Recreation
X Engineering Division / \
X Div. of Forestry& VN|d|ifa
O|v. of State F»mrkS
X Commission on Water Resource Management \
OMOca of Conservation & Coastal Lands
X Land Division— Haxvm|| District )
TO:' FRGM-. RiUSSeU Y. TSVU. Land /\dmn|n|Stnmtor,?u551911T5 ./
SUBJECT: Change of Zone Amendment Application No. F»L-REZ_2022-000021
Amendment to Change of Zone Ordinance No. 17 24 /REZ 840\
Request: Amendment for 5-year Time Extension to Condition C (Secure
Final Subdivision Approval)
LOCATION: South Hilo, UoNmnd of Hawaii; TMKo: (3)2-2-044: 031. 032. 035' and 037
APPLICANT: County of Hawaii on behalf oyHilo Senior Investments, LLC (formerly
Island Heritage \/mnkJnwS' LLC)
Transmitted for your review and connnnmmt is information on the above-re8mrencmd subject
matter. Please submit cmnnnnants by May 9, 2022'
If no response is received by the above da\e, we will assume your agency has no
comments. Should you have any questions about this naqumot, please contact Darlene Nakamura
at ' Thank you.
BRIEF CO0NNNENl[S; ( ) We have no objections.
(~/) We have no comments.
/ )
We have no additional comments.
( )
Comm /attached.|
Signed:
�y
Print Name: Cady S. Chang. Chief Engineer
Division: Engineering Division
[}stm: Apr 26, 203I
Attachments
k4 SL-LANNE D.CASE
-.
DAVID Y.IGE CHAIRPERSON
MK)MCES
C30VERNOR OF HAWAII 0 BOARD OF LAND A'ND NATt
COWNMSIO'NONWATER RESOVIX(M
-NW and
................
STATE OF HAWAII
Sate of Hawa� DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICF BOX 621
HONOLULU,HAWAII 96809
Apr 11,2022
MEMORANDUM
TO: DLNR Agencies:
Div. of Aquatic Resources
Div. of Boating &Ocean Recreation
X Engineering Division (DLNR.ENGR(a-)hawaii.go
X Div. of Forestry& Wildlife (rubyrosa.t.terraqoQhawa1i.qo
Div. of State Parks
X Commission on Water Resource Management (QLNR.CWRMP_hawa11.qov)
Office of Conservation & Coastal Lands
X Land Division— Hawaii District (gordon.c.heit(o)hawaii.gov)
FROM: Russell Y. Tsuji, Land AdministratorR�'-5-5,9117-"01
SUBJECT: Change of Zone Amendment Application No. PL-REZ-2022-000021
Amendment to Change of Zone Ordinance No. 17 24 (REZ 840)
Request: Amendment for a 5-year Time Extension to Condition C (Secure
Final Subdivision Approval)
LOCATION: South Hilo, Island of Hawaii; TMIKs: (3)2-2-044: 031, 032, 035, and 037
APPLICANT: County of Hawaii on behalf of Hilo Senior Investments, LLC (formerly
Island Heritage Ventures, LLC)
Transmitted for your review and comment is information on the above-referenced subject
matter. Ptease submit comments by May 9, 2022.
If no response is received by the above date, we will assume your agency has no
comments. Should you have any questions about this request, please contact Darlene Nakamura
at darlene.k.nakamura@hawali.gov. Thank you.
BRIEF COMMENTS: We have no objections.
We have no comments.
We have no additional comments.
Comments are included/attached.
Signed: 00A
Print Name: DAVID G. SMITH, Administrator
Division: Division of Forestry and Wildlife
Date: Apr 24,2022
Attachments
CC' Central Files
S12ANWE Il.CASE
DAVIDI-JCE snARDoru�-o�Dt��nnALREsaLRCEs
CiUt 1AtiUR VF IIA��".Sll .(� R 19 5 g MAMISSION ON WATER RESOURCE MANAGEMENT
ROBERT K.NrASLDA
FlRSIPEPLTy
4i5�P�•M14��fQ c,,�Y r::':
\E kALEO MA.\L'EL
DEPL'TYMEMK-WATER
A
QUATICRESOURCES
1 eoAeLRFAU CF M RECREATION
COMMI&SMN ON WATERRESOU'RCE?MANAUEMENT
STATE OF HAWAII
HAVIA�� CON SER%"Ana"AND COAWAL LAI DS
DEPARTMENT OF LAND AND NATURAL RESOURCES `°h "A"�AND RESOURCES ORRfEa4EttT
LTM
DIVISION OF FORESTRY AND WILDLIFE FMr�sr�PU�� N''TPO
1151 PUNCHBOWL STREET,ROOM 325 KMOOIAwr ISLA.\D RESERVE cov"SSION
LA3a
HONOLULU,HAWAII 96813 STATE PARK$
April 22,2022
MEMORANDUM Log no. 3622
TO: RUSSELL Y. TSUJI, Land Administrator
Land Division
FROM: DAVID G. SMITH, Administrator
Division of Forestry and Wildlife
SUBJECT: Division of Forestry and Wildlife Comments for the Change of Zone
Amendment Application No. PL-REZ-2022-000021 to Amend the Change of
Zone Ordinance No. 17-24 for the Hilo Senior Investments, LLC on Hawaii
Island
The Department of Land and Natural Resources,Division of Forestry and Wildlife(DOFAW)has
received your request for comments regarding the Change of Zone amendment application for the
proposed Hilo Senior Investments, LLC project located in Waiakea, South Hilo, on the island of
Hawaii; TMK: (3) 2-2-044: 031, 2-2-044: 032, 2-2-044: 035, and 2-2-044: 037. The proposed
project consists of requesting a time extension of an additional five (5)years for the completion of
Condition "C" of the Change of Zone Ordinance No. 17-24 in order to secure final subdivision
approval of the proposed consolidation of the subject properties. The applicant plans to establish
a 120-bed assisted living facility and related uses, including a small two-story commercial center.
The State listed Hawaiian Hoary Bat or `Ope`ape`a(Lasiurus cinereus semolus)could potentially
occur in the vicinity of the project area and may roost in nearby trees. Any required site clearing
should be timed to avoid disturbance to bats during their birthing and pup rearing season (Tune 1
through September 15). During this period woody plants greater than 15 feet (4.6 meters) tall
should not be disturbed,removed,ortrimmed. Barbed wire should be avoided for any construction
because bat mortalities have been documented as a result of becoming ensnared by this type of
fencing during flight.
Artificial lighting can adversely impact seabirds that may pass through the area at night by causing
them to become disoriented. This disorientation can result in collision with manmade structures or
grounding of birds.For nighttime work that might be required,DOFA W recommends that all lights
used be fully shielded to minimize impacts. Nighttime work that requires outdoor lighting should
be avoided during the seabird fledging season from September 15 through December 15. This is
the period when young seabirds take their maiden voyage to the open sea. For illustrations and
guidance related to seabird-friendly light styles that also protect the dark, starry skies of Hawaii
please visit: htips://dinr.hawaii.gov/wildlife/files/2016/03/DOC439.]2d
The State listed Hawaiian Goose or Nene (Branta sandvicensis) has the potential to occur in the
vicinity of the proposed project site. It is against State law to harm or harass this species. If any
are present during construction activities, then all activities within 100 feet (30 meters) should
cease, and the bird should not be approached. Work may continue after the bird leaves the area of
its own accord. If a nest is discovered at any point, please contact the Hawaii Island Branch
DOFAW Office at(808)974-4221.
The State listed Hawaiian Hawk or `Io (Buleo solitarius) may occur in the project vicinity.
DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees
are to be cut. `Io nests may be present during the breeding season from March to September.
DOFAW recommends minimizing the movement of plant or soil material between worksites,such
as in fill. Soil and plant material may contain invasive fungal pathogens(e.g.,Rapid`Ohi`a Death),
vertebrate and invertebrate pests (e.g., Little Fire Ants, Coconut Rhinoceros Beetles), or invasive
plant parts that could harm our native species and ecosystems. We recommend consulting the Big
Island Invasive Species Committee (BIISQ at (808) 933-3340 in planning, design, and
construction of the project to learn of any high-risk invasive species in the area and ways to
mitigate spread. All equipment, materials, and personnel should be cleaned of excess soil and
debris to minimize the risk of spreading invasive species. Gear that may contain soil, such as work
boots and vehicles, should be thoroughly cleaned with water and sprayed with 70% alcohol
solution to prevent the spread of Rapid `Ohi`a Death and other harmful fungal pathogens.
To prevent the spread of Rapid `Ohi`a Death (ROD), if `6hi`a trees are present and will be
removed, trimmed, or potentially injured DOFAW requests that the information and guidance at
the following website be reviewed and followed: https://cros.ctahr.hawaii.edu/rod.
DOFAW is concerned about attracting vulnerable birds to areas that may host nonnative predators
such as cats, rodents, and mongooses. The development of a wastewater treatment area as part of
the proposed project could potentially attract State-iisted waterbirds. We recommend taking action
to minimize predator presence; remove cats, place bait stations for rodents and mongoose, and
provide covered trash receptacles.
DOFAW recommends using native plant species for landscaping that are appropriate for the area
(i.e.climate conditions are suitable for the plants to thrive,historically occurred there,etc.). Please
do not plant invasive species. DOFAW recommends consulting the Hawaii-Pacific Weed Risk
Assessment website to determine the potential invasiveness of plants proposed for use in the
project(https:Hsites.google.comlsitelweedriskassessmentlhome). We recommend that you refer to
www.plantpono.org for guidance on selection and evaluation for landscaping plants.
We appreciate your efforts to work with our office for the conservation of our native species.
Should the scope of the project change significantly, or should it become apparent that threatened
or endangered species may be impacted, please contact our staff as soon as possible. If you have
any questions, please contact Paul Radley, Protected Species Habitat Conservation Planning
Coordinator at(808)295-1123 or paul.m.radla@hawaii.gov.
Sincerely,
0
DAVID G. SMITH
Administrator
t� O,F,ry4 SCi7.ANNE D.CASE
DAVID Y.IGE .tp tB Ey ++y CHAIRPERSON
GOVERNOR OF HAWAII O.•' BOARD OF LAND AND NA TU RA I.RESOURCE.3
COMMAS FON ON WATER RESOURCE
MANAGEMENT
stand and �]
STATE OF HAWAII
DEPARTMENT OF LAND AND NATIMA1,RESO ROES
+e of viaW
[.AND MV)ISION
POST OFHC E BOX 621
110NOLULU IIAWAII 96809
Apr11,2022
MEMORANDUM
TO: DLNR Agencies:
_Div. of Aquatic Resources
—Div. of Boating & Ocean Recreation
_LEngineering Division (DLNR.ENGR(@hawaii.gov)
X Div. of Forestry& Wildlife (rubyrosa.t.terragophawaii.gov)
_Div. of State Parks
X Commission on Water Resource Management(DLNR.CWRM anhawaii.gov)
_Office of Conservation & Coastal Lands
X Land Division– Hawaii District (gordon.c.heitAhawaii,gov)
FROM: Russell Y. Tsuji, Land AdministratorR055ell rsuj'
SUBJECT: Change of Zone Amendment Application No. PL-REZ-2022-000021
Amendment to Change of Zone Ordinance No. 97 24 (REZ 840)
Request: Amendment for a 5-year Time Extension to Condition C (Secure
Final Subdivision Approval)
LOCATION: South Hilo, Island of Hawaii; TMKs: (3)2-2-044: 031, 032, 035, and 037
APPLICANT: County of Hawaii on behalf of Hila Senior Investments, LLC {formerly
Island Heritage Ventures, LLC}
Transmitted for your review and comment is information on the above-referenced subject
matter, Please submit comments by May 9, 2022.
If no response is received by the above date, we will assume your agency has no
comments. Should you have any questions about this request, please contact Darlene Nakamura
at darlene.k.nakamuLL@hawa[*i.gov. Thank you.
BRIEF COMMENTS: ( We have no objections.
{ } We have no comments.
{ } We have no additional comments.
( } Comments are includ at
Signed:
Print Name: _ a 2.7aI J C-_ /1F17'
Division: J LiI
Date: 7
Attachments
cc: Central Files
Mori, Ashley
From: Torres, Natasha P <Natasha.P.Torres@hawaii.gov>
Sent: Monday, May 9, 2022 8:46 AM
To: Planning Internet Mail
Cc: Nikaido, Blayne H
Subject: STP 8.3391 Hilo Senior Investments, LLC (formerly Island Heritage Ventures, LLC)
Attachments: STP 8.3391 Hilo Senior Investments, LLC (formerly Island Heritage Ventures, LLC).pdf
Aloha,
Please see attached for your viewing and handling. No hard copy will be transmitted.
Kindly, acknowledge receipt of this email.
Thank you,
Natasha Torres
Statewide Transportation Planning Office
Hawai'i Department of Transportation
Phone: (808) 831-7973 1 Fax: (808) 831-7995
1 Planning Dept.
Exhibit 4
DAVID Y.IGE tF a r pi.4 BADE T.BUTAY
GOVERNOR p ,�Qss, DIRECTOR
I
Deputy Directors
RQ55 M,HIGASHI
�.. EDUARDO P.MANGLALLAN
EDWIN H.SNIFFEN
STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION D1R 0391
869 PUNCHBOWL STREET STP 8.3391
HONOLULU, HAWAII 96813-5097
May 6, 2022
VIA EMAIL: planniug@,hawaitcounty.gov
Mr. Zendo Kern
Planning Director
Planning Department
County of Hawaii
101 Pauah1 Street, Suite 3
Hilo,Hawaii 96720
Dear Mr.Kern:
Subject: Change of Zone Amendment Application No. PL-REZ-2022-000021
Amendment to Change of Zone Ordinance No. 17 24(REZ 840)
Hilo Senior Investments, LLC (formerly Island Heritage Ventures, LLC)
Hilo,Hawaii
Tax Map Keys: (3) 2-2-044: 031,032,035,and 037
Thank you for your letter dated April 11,2022,requesting review and comments on the subject
amendment request. The Hawaii Department of Transportation(HDOT)has reviewed the subject request
and understands Hilo Senior Investments,LLC is requesting a 5-year extension to complete Condition
"C"of Change of Zone Ordinance No. 17-24.
HDOT has the following comments:
Airports Division (HDOT-A)
1. The senior facility development is approximately 7,300 feet from the property boundary of Hilo
International Airport(ITO). All projects within 5 miles from Hawaii State airports are advised to
read the Technical Assistance Memorandum (TAM)for guidance with development and activities
that may require further review and permits. The TAM can be viewed at this link:
littp:llfiles.hawaii.gov/dbedt/opldoes/TAM-FAA-DOT-Airports 08-01-2016.pdf.
2. Federal Aviation Administration (FAA)regulation requires the submittal of FAA Form 7460-1
Notice of Proposed Construction or Alteration pursuant to the Code of Federal Regulations,Title
14_ Part 77.9, if the construction or alteration is within 20,000 feet of a public use or military
airport which exceeds a 100:1 surface from any point on the runway of each airport with its
longest runway more than 3,200 feet. Construction equipment and staging area heights, including
heights of temporary construction cranes, shall be included in the submittal. The form and criteria
for submittal can be found at the following website: litlps:ilocaaa.faa.goN'oeaa,, extenial/portal.Lp.
3. Due to the project site's proximity to ITO,the applicant and future residents should be aware of
potential single event noise from aircraft operations. There is also a potential for fumes,smoke,
Mr. Zendo Kern STP 8.3391
May 6, 2022
Page 2
vibrations,odors,etc.,resulting from occasional aircraft flight operations over or near the project.
These incidences may increase or decrease over time and are dependent on airport operations.
4. The proposed development shall not provide landscape and vegetation that will create a wildlife
attractant,which can potentially become a hazard to aircraft operations. Please review the FAA
Advisory Circular 15[)15200-33C. Hazardous Wildlife Attractants On Or Near Airports for
guidance. If the development's landscaping creates a wildlife attractant,the developer steal l
immediately mitigate the hazard upon notification by the HDDT-A and/or FAA.
5. If a solar energy photovoltaic(PV) system is going to be installed, be aware that PV systems
located in or near the approach path of aircrafts can create a hazardous condition for pilots due to
possible glint and glare reflected from the PV panel array. If glint or glare from the PV array
creates a hazardous condition for pilots, the owner of the PV system shall be prepared to
immediately mitigate the hazard upon notification by the HDDT-A and/or FAA.
The FAA requires a glint and glare analysis for all solar energy PV systems near airports. The
www.sandia.govl lg are website has information and guidance with the preparation of a glint and
glare analysis. A separate FAA Form 7460-1 will be necessary for the solar energy PV system.
After the FAA determination of the Form 7460-1 glint and glare analysis,a copy shall be
provided to the HDOT-A by the owner of the solar energy PV system.
Highways Division (HDDT-HWY)
HDOT-HWY has previously commented on the subject project,and our prior comments have been
incorporated as conditions of the original approvals and amendments. As indicated in the Application,
page 6, second bullet, the HDOT-HWY, Hawaii District Office, and the applicant continue to work
toward completing the Traffic Improvement Approvals which is a condition of the USE Permit. HDOT-
HWY has no objection to granting the time extension request for the Change of Zone Ordinance and USE
Permit.
If there are any questions,please contact Mr. Blayne Nikaido of the HDOT Statewide Transportation
Planning Office at(808)831-7979 or via email at blayne.h.nikaido@,,hawaii.gov.
Sincerely. `
]ADE T. 6UTAY
Director of Transportation