HomeMy WebLinkAboutCOM 0474.000 2020-2022 Lee E.Lord
Managing Director
Mitchell D.Roth •: :#
Mayor- _ Robert H.Command
Deputy Managing Director
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Offirr of fhrAaValr
25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona, Hawaii 96740
(808)323-4444 Fax(808)323-4440
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October 21, 2021 -
Maile David, Council Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chair David and Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 12 33
(Amend REZ 11-146, PL-REZ-2021-000001)
Applicant: Takata Dental Health Center, Inc.
Request: Time Extensions to Condition B (Time to Complete Construction)
and Condition C (Water Commitment)
Tax Map Key: 2-2-038:028
As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Windward Planning Commission's letter and
enclosures regarding the above-referenced request.
Sincerely,
MITCHELL D. ROTH
Mayor
TCouncilTakataREZ 11-146
Enclosures
cc: Planning Department
Comm. No.
1.11< C�t Ref.To: d
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County of Hawaii is an Equal 4pporLunity Provider and Employer.
Ref. tete OCT 2 2021
Jpty 0s"h,!F
Mitchell D.Rath o. , John Replogle,Chair
Mayor Gilbert Aguinaldo,Vice-Chair
Dean Au
Lee E.Lord
Joseph Clarkson
Managing Director
•>':%° : Michelle Galimba
Dennis Lin
Thomas Raffipiy
County of IHawai`i
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 Fax(808)961-8742
October 19,2021
Made David, Council Chain
and Members of the County Council
County of Hawaii
25 Aupum Street
Hilo, HI 96720
Dear Chair David and Council Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 12 33
(Amend REZ 11-000146,PL-REZ-2021-000001)
Applicant: Takata Dental Health Center, Inc.
Request: Time Extensions to Condition B (Time to Complete Construction)
and Condition C (Water Commitment)
Tax Map Kev: 2-2-038:028
The Windward Planning Commission, at its duly held public hearing on October 7, 2021,
recommended for your approval the proposed legislative bill for an amendment to Change of
Zone Ordinance No. 12 33. The subject property is located at 1732 Kilauea Avenue,
approximately 750 feet south of its intersection with Kawili Street intersection, Waiakea
Homestead Houselots, South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending a
favorable consideration of the 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). 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. The deadline to comply with
Condition B is March 6, 2022.
Additionally, the applicant is requesting a 180-day time extension to comply with
Condition C (water commitment). The deadline to comply with Condition C lapsed on
September 6, 2012.
Hawaii County is an Equal Opportunity Provider and Employer
Maile David, Council Chair
and Members of the County Council
County of Hawaii
Page 2
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns, and that
are not the result of their fault or negligence.
According to the applicant, after the requested rezone was approved in 2012, the
applicant had planned to relocate its existing dental practice to the subject parcel. In
furtherance of this goal, the applicant secured Final Plan Approval for a dental office on
May 29, 2015 and an existing dwelling located on the subject parcel was demolished to
make room for the project in July 2015.
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.
Granting of the amendments would not be contrary to the original reasons
for granting the change of zone under Ordinance No. 12 33, which have not changed.
The site is served or can be served by appropriate infrastructure to support RCX zoning
such as water, wastewater, access, and essential utilities.
According to the Department of Water Supply (DWS), County water is available
to the parcel and the existing service should be adequate to support the proposed demand
for the dental office project and the existing 10-inch waterline is capable of providing
adequate water flow for fire protection for the requested zoning district.
Based on this preceding determination, the applicant believes that the requested
time extension to Condition C (water commitment) is now moot and would agree to
withdraw the request if the Department determined that the condition was fulfilled. While
there may be sufficient water available for the dental office use, the applicant or any
successor could develop any use that is permitted in the RCX zoned district. Therefore,
the Director is recommending a modified condition requiring the applicant to conduct
Maile David, Council Chair
and Members of the County Council
County of Hawaii
Page 3
water calculations and remit a water commitment fee should they develop a use other
than the proposed dental office.
The Department of Environmental Management provided advisory information on
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), should the County sewer be extended within Kilauea Avenue fronting the
property prior to construction of a permitted use on the subject property. For this reason,
the Director found it prudent to expand the wastewater condition to include DEM
requirements if applicable at the time a building permit is granted.
There are no irresolvable geological or topographical problems which cannot be
rectified, or which would render the land unusable. The project site is located within
Zone "X", which is an area of minimal flood hazard, and the applicant will be required to
ensure that all development-related runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
Granting of the amendments would not be contrary to the General Plan or
Zoning Code. Since the subject parcel was rezoned, there has not been any significant
land use regulatory change in this area. The current RCX-20 zoning continues to be
consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map
Medium Density Urban (mdu) designation, which allows for a "Village and
neighborhood commercial and single family and multiple family residential and related
functions (multiple family residential--up to 35 zmits per acre)."
The subject, one (1)-acre property is rectangular in shape and is currently vacant
of any improvements as it has been cleared to accommodate the proposed use. The RCX
zoning and proposed project development is consistent with mixed residential -
commercial type zoning and uses in the surrounding area, which include single and
multiple-family residential zoning and uses as well as commercial zoning within close
proximity consisting of a gas station.
The proposed dental office building or any other use permitted in the RCX zoned
district will be developed in accordance with the Zoning Code. Furthermore, the
applicant will be required to develop the property in compliance with a Final Plan
Approval, which will ensure appropriate on-site parking, drainage and landscaping
requirements will be met.
The proposed dental office building facility will not generate the 50 or more peak
hour vehicle trips that would require a Traffic Impact Analysis Report (TIAR); however,
Condition E of the subject ordinance would require a TZAR if the applicant developed a
3
Maile David, Council Chair
and Members of the County Council
County of Hawaii
Page 4
different use permitted in the RCX zoning district that would generate 50 or more peak
hour trips.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use, prior to its commencement or establishment upon
the subject properties. Additional governmental requirements may include the issuance of
building permits, compliance with the Fire Code, installation of improvements required
by the American with Disabilities Act (ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval, failure to comply
with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Based on the preceding findings, the Planning Director recommends that a
favorable recommendation be forwarded to the County Council to amend Ordinance No.
12 33 to allow a five (5)-year time extension to Condition B (time to complete
construction) with the possibility of an administrative time extension and a modified
amendment to Condition C (water commitment) as described above.
In addition, the Planning Director recommends that existing conditions in the
ordinance be revised to reflect the current standard language for conditions of approval
and to remove conditions that have been implemented.
The accompanying draft bill to amend Ordinance No. 12 33 is provided for your
consideration. Please note the proposed conditions of approval attached to the draft bill. Material
to be deleted is bracketed and struck through; new material is underscored.
We are enclosing copies of the staff Background, Planning Director's Recommendation, and the
Power Point presentation. A draft transcript of the hearing will be provided under separate
cover.
Sincerely,
John R. Replogle, Chairman
Windward Planning Commission
UakataDentalREZ 11-146wpc1
Enclosures
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Maile David, Council Chair
and Members of the County Council
County of Hawaii
Page 5
cc via email: Mr. Sidney Fuke
Takata Dental health
Department of Public Works
Department of Water Supply
Jean K. Campbell Esq., Corporation Counsel
BTakataAmendREZ.crk.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), Hawai`i County Code. Plans shall idents all
existing andlor 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
-t-
anticipated maximum daily water usage calculations,prepared by a professional
engineer licensed in the State of Hawai`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, 202 1)
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 1
8. General Plan LUPAG Map Designation: Medium Density Urban. I
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 3
Planning Commission, Resolution No. 1 on May 21, 1975. The Land Use Concept Map
designates this area as RM-4. j
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12. Special Management Area (SMA): The property is located approximately 4,500 feet
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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 (I)-acre in size and rectangular in i
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
I
to the north on property that was rezoned in 1997 from RS-10 to CN-10. There is a
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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
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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- j
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
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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
518-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
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sewer was extended within Kilauea Avenue fronting the property and should not
currently be seen as prescriptive requirements.
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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 r
23. State Department of Health: Planning Department Exhibit 5—July 26,2021 Memo
AGENCIES -NO COMMENTS/CONCERNS
3
24. Department of Environmental Management-Solid Waste Division, Department of Public
Works—Engineering Division, Police Department.
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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.
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I h aur r-crt S�tr.212 Nile. N v i 9672 uar, nc�- ?.-iir,
MAV
Tpuri,t cn '808) y 1522 cel: j8W, `-a89-06410
-mail: Siric$ _�'k�krjli�ntt�Lt7et .0 nr� r iFtl F ra�nr?,,
Nlr, /end(r Kern, Director
planning Department
0)U' rFY ()1 11.1WAl"1
101 P'wahi Street
hili.. Ill 96720
Dear MT. Kern:
Sub
ject: Time Extension Request —Takata Dental Health C'enter5 Inc.)
t)tdiiafaaucr Nal, 12-3-1 (REIZ 1l-000146)
�N aiakeat, :youth HiIO2 i tawai'i, 1'M k: 2-2-0 iS. 02
Transmitted herewith is as request to amend the subject ordinance by graa.ntin,) a tulle
ea:terasiran to tine Nvaater Calculation study.'corntnitinent and construction completion requirements.
'I tic transurival iiacluiles this original and 20 copies ofaa report detailing and jList if'yiaa�, the
recltic,t, letter ot'aauthoriration. `'--)5 ? tiling 1ec. surrounding property owner list. and real property
taaX cicaraance_
In suanaaaa- .the rezoning of`1.0 acre. area into residential-Contnaercial Mixed Use
(l ("X-2 1) district became effective oil March 6 20121 "l"hc request wa;, to allow the;
development of the applicant's proposed 4,200 square f`of dental cat'taee and/or lather uses
Consistent with tile. R(A-210 zcvaaino. Condition 11 reipuired Construction to be completed within
t ve (5) ycars (larch 6. 2017} as well as the subanitt.al of'aa vvaaer calculation use study and
praaynaent cal"a Water conlillitanent lice within 180 days of'the initial approval date. n
administrative time e cnsion to March 6. 2022 was Liranted.
As will be detailed in the attached report shortly after receipt o tlai a druinistraative titne,
extension. one, of the principals of the prc�jcc.t became ill and was Unable to person al]\, oversee
the balancing and, devclopnaent Of the project. Cornp�licatino .natters vvra.s the untiolely passing of
the architect in December 2019. As such. the p3roJect languished. The applicant is thus seeking
dolitionaal tinge to lidf-all the conditions and develop a prcaject consistent with the RCX orn ).
Should voti have any questions on this inattcr, please t&l free to contact nac. Thank y oLi
E ca'v nZucla!
'ancercly.
SIDNEY M. FUKE
Plannin,., Consultant
Enclosures
Copy_.Takata Dental Health Center, Inc. w/ enclosures via email -142087
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tftOCLAY11, 10 SlI)NL l PL.ANNflNC, C t.7' SUL L, N'T I1`K1,', 1A D A`AL.
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Dr. Nice Takata (Date )
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ls� i tt<S•":as;0%1s is C'u 3cr -._,r).t-!;Aird Kcmflurkalo1 ii;,ra i rrl t7crluv��;cnia.I lri+,+jai a'ri
R11111AL MOPERTY TAX CLEARANCE
Date: Friday, May 28, 2021
TME (3)2-2-038-028-0000 Takata,Brice
This is to certify that the real property taxes due to the County of Hawaii 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
REAS PROPERTY TAX DIVISION
Paid up to and including June 30, 2021,
FAX CLEARANCE FOR PLANNING DEPARTMENT REM212018)
Hawai'i County is an Equal Opportunity Provider and Employer
B325HIHAW
APPLICATION
FOR
TIME EXTENSION TO COMPLETE
CONSTRUCTION A TE
COMMITMENT PAYMENT
(REZONING ORD. NO. 10 19)
APPLICANT: TAKATA DENTAL
HEALTH CENTER, INC.
Waiakea, South Hilo, Hawaii
TWIT: (3) 2-2-038: 028
Prepared For:
Takata Dental Health Center, Inc.
Prepared By:
Sidney NL Fuke, Planning Consultant
May2021
REZONING (ORDINANCE NO. 10 19) TIME EXTENSION REQUEST
TAKATA DENTAL IIEAL'III CENTER, INC.
WAIAKEA, SOUTH HILO, HAWAVI, 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 I-acre parcel from Single-Family Residential
(RS`10) to Residential-Commercial Mixed Use (RCX 20). (Exhibit A v 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 ofthe subject property. (Exhibit 8)
lU 3it ,
i tit,. Ap1.7i tc.iii it s i%t<lil t 117. VLas t�itl�als. ii,J ti.>_tJ liii�, dntal l.Ji iii,ilr,L 1oL.%ll%l.i. at -nF4..i
VVaianuenue Avenue to the subject site. Pursuant to that objective, Pian Approval
vas applied for oil .anuary 5, 2v i 3, and 1-ilial i'ian Appirovai was granteh 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.
II. 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 elate ofthe rezoning amendment, of one
hundred eighty (180) days to submit the water calculation study and pay, if
needed, the water commitment fee and five O years to complete the project
with the opportunity for an administrative extension. In the alternative, it
would accept a ti-year commencement and 10-year completion timetable
Fvithout the option of an administrative extension.
III. REZONING CONDITIONS
As rooted earlier, the subject area was initialty rezoned into the RC's-20 district lora
,,larch 6 'O12— SUbJect to as number-ol'conditiorts_ (Exhibit A) Air administrative
tiaaae cxtension for completion of the project N -,is granted it) October'-'5, ?()10
(Exhibit D) This section will coscr the status ofthe carious conditions ofthe.
rczonin{gj ordinance.
A. The apoliewn, its.sticcessors or assigns, s-ha l be responsiblefozT cotnitlyin'i�
aOih all ty-the slated conditions ofuPin-oval.
` lie prnr(rly is c xvned hs Dr. Brice Takata. one of the. principals of Takata
A,. ^ t tr A nrlr'-ani and l)''. l'ak-11q, ;rtt�fld 1c3
nt
VCaiGsLr 3 s;�irt.3 cc - C-
aarnendinents thereto of this rezoning ordinance.
I3. C onstruclion of the proj)osed(levelolvnent shall be comI)Ietecl withinfive (5)
rc,cars from the cf ec lh,e tlele ol"lhis or-clinan(--cl'r~ior to construclion, the
uphlicont, successors or assa"gns shall.secure Final flan Aj)T)rtrv(rl fr)r tote
proposetl tlt velolmient fi'om the Plunninr, Director in accordance with Section
25-?-:70_ C`halrler 25 (1-onin:;C otle), llarvai;i ('ountr;C`ocle. Plans.shall
idewilt,till m-i,s•ting and'i)r proposeci,sirntlures,jnwetl clria.tc���crtcxncl pitrkin
stull.s tasSc}cialCcl 114111 lour lrr-olrtas'ecl cl-welolnnent. Landscsal�ing shall b
indicated on the plans.lor tiro lrrrrpo.se ofrrrr'lia othkiZ ar?t'ailr,er.ye noise or
vislud inlpad's to cat#oining parcels in accordance with the t egniretnellts of
Planning;Dcpcarttneln 's Rule .,fro. 1 (Lantlscalring Requirements) auto
C'hajoler°25 (Zoning ( 'Ode), llcrrtai'i C.'oulltti' C'0ile.
As rioted earlier, the Applicant secured Final Plan Approval on May 29. 01-5.
tisithirl the prescribed time. I hil:orturaately, dLIC to health and associated iSSUes.
construction did not occur. els such. an administrative titaae extension tis,aas
approved to March 6, 2022. The Applicant will not be able to complete any
development on the property before the deadline and is thus srtbmitting this
request fbr an extension.
C. Prior~to the i' .stance of a water conunitrnew (?v,the: Delrarlinenl tf lf'alcr
�zrlrplt'. tht� olrlrlic'ant.shall submit the canlic'ipatc d nlaxirfuon tlailt'water- u.c�thr
Ctrfc•ralatrcrns prcpal-C41 hV a pr okssional engineer licensed in the elate of
llowtn'i, antl o w aler cr mnlittnent clelaosit in accortlanc e with the `"11'catet-
Commitment G`uicleline.s PolicV io the Deparnneni of W ater,tiuly)1Y wish n IM)
dar s fi-om the e1jCctra,c$ (lane; cif this ordinance.
l"his requirement was riot fulfilled by September 6 2012 or, if granted, ,within
as possible extended period of March 6_ 2013. Notwithstanding absence of this
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siudy and commitment, Final flan tlppi-twal was Issued cin May "'c), 201 i.
The~Applicant and its Architect mistakenly believed that since a nater
CaICtalati011 rise study is more appropriate Micri the uses are specifically
identified via approved plans, it overlooked this recluirelrlcnt.
Accordingly, the Applicant requests that im extension he aplaro\ed for this
requirement. lf-approsed, the Applicant intends to submit the study and make
the required water commitment deposit, ifineeded. the 180 day period.
l?. 'the Li[gVicani slrcall install areclzacrc�fll�rtcasstrt tylrc� buckllorti,I1rc�vc�nle/,
(ISSCrrzl�ly...histollinion of�the bctc�kflovt,ln,ei,enlion asserrrblY ur7F_I r-elocalim
mul arliustrnews,of the Depcartrtaent of Water SilpjVy s water syslern.f wililies,
slrouhl that,be nec cssor-t', shall take into conskleration the ftattare road
r�iclerrin,,;crlorz�; Kilauea_tl�eratrc�.
J he Applicant will comply with this requaremem.
F. the calrlrl icunl, s uc=c c.ssors oa-assi(Ytrs cleivlol)a lural use which h the
Plonning I'relrar'lrrzeni, in considtation rr ith the Depar'trnent of Public 14 orks,
deter-mines rr,ill generale over-01wak how-trips a TK-11fle lint czc•t Analysis
he=port (1144)' shall be subrnittecl,for-review ural crplarotxtal by/lie k?clrar•tttlent
of 1'ttblic, Jl'crrksl;rri€rr to Fiscal I'Icara tlrl�roval. Ilze ca.al>liccant shall itrzl�lement,
i0ien required bY the Peparlrrreni aqTublic 41crrks, cat no cost to the Comity,
crnr°trartsl?ot�talion s7'stem impt°ovements to Kilauea,,Ii�enzte that melt•'be
ciceined necessart; bh the Dejounment of uhlic; TI''orks.
The Applicant will comply with this requirement, T'he applicant still intends
to proceed with the project or possibly have some other uses that would not
exceed the threshold tttr a T1AR1
I3. 1'rr Irr'ovOc for'fi ure r-oacl wiclenincr irnprovemenis, a len {1(J)font wicie f inure
road ia,icicnirzr.;strip ulong the pi-olrerty�s Kilaaaeca be
cIelineatecl on the plans .submitleo"lor flan-Ippr-oml re0eiv azul cleclicateet, al
no cost to the t'ounlY, ztlrora its r-equest.
The Applicartt will comply with this requirement. It should he noted that 1111,
was reflected in the plans SUbmitted t'Or Flan Approval. This will conticlue for
this or any other plans ror this project.
Ci, cornnter-cicrl u c.v on
the property, the aLrlrliccant,ball proslicle improvements to the propene,`s'
_ ,oniage along Kilovca,4tvnaae consisting of, hart not limited to,
reconstruction of elle existing concrete cttrb aml sOciv alk (frotn curb face to
pr-opertl° line) an(l cant' required utititt>r•c�location rrzeetint iv th the
recluitements of the Arnericcan with Disabilities Act and stanclat- s of the
Deltctr•ttrrml of Pttblt"c If'orkv.
Like v ith right-of-tsa4 recltrirerne.nt, this \,Nas ah-cady rellected in the plans
submitted for Plan approval.. 'Isis wdl eomhue tcrr this or arty other plans
Air this. 11MYCct, and the applicant will Vultrll this improt enient requirement.
I lu l)rivcltoav Cointeaicmoo n) I& (sic) hkilcwca Avenue S&H cwtrPnw? in (`lra ler
22, Sirc ets c:arrd Sicictral6 of 1he l{rm ai'i ColanY C`rrcr'c.
t he x,\pplicant will comply and make the appropriate improvements in
cconjMon with the construction of the strhject property.
1, he method(#'N e°edI0-clisposal shall meet irith the of ihc
Deperrttnent of flealtlt.
The Applicant will comply with this requirement. This \,,.ill he required as
Ifart of dw lilklily l_Ytm itt n pn)cc ss Gi id Is install It-wn must h,: C one
to issuance of..the requrred t_ertiticate of trccupanc},.
J. All cdeitelc)pnaetu nenue d mato fl shall be disposed q f crra_ ite aaacd shall not
he clireciecd tolr,aral anry w agent prapei-ty.
'(he Applicant will comply with this requirement. It should be notal that in
conjunction whh the Plan 'Approval process for the project, a drainage plan
approved by the Department Of Public Works was included. This or a similar
plan sill continue to be prepared arecl anti implemented with tiny r.isc of'tl site,.
Is. A11 eartlnvo k ac;tiQv shall c•crnf uwi to C`ltapter All, Erosion and
St cdirraentation C'ono-ol, of the Henvoi'i t'cit nr v Code.
1'ttis has and will contintte to be complied svith during the construction phase
of this prt}lect.
1- Should ar�v,t,eniains qf hAtoHc sites ,smear (is rock iralls. wi-races. 1t Yni-in ,
marine shall c oncentrratiotts or hz.ar unI hut--utls he encou nlerecf, it!otrk in the
uninecdiole area shall cease and the Depaninent of Lancd canal a+�'atrrrcal
Rc.sources _ .Stale flisioric Preservation DiNshm (l)MR-11PD) shall be
urrttmcliate"nrrtllied Saahsequeni uwrk shall proceed upon tart atwh aeological
c•lecoxinc lrom the L)l„' R-IND rtlen it finds thml sqf fic'ieui rrriti-ativc'
tneavares have been taketa.
This requirement sill he adhered to b� the Applicant and its contractors.
NJ, l(Ihe (pp,licararl, stac.cessarrs, err as,si,tas tde veloos residential units oil the
subject proper(y, the applicant shall make Us fair share c ontilbution to
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inuic tine poiernhd regional impacts a�f the pi-qj aet)villa r-est7ect tar larks and
reci-e ation, lire, laolice, seabed rYISte cli.spo a1 flrc ililie,s cartel roads, The lair
Share door ihaadon shall become due aged payable prior to receipt of Am/
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Man.-flrllr avid. I'llefi'lir shore c.`ontr'ihiaimi or•arch loo shall hes bkisec/oil the
acina/nturrhel.crfresicle°nlutl units deve'lol ett llle fitir sharer 001711-ihritir n in ct
form of cash, lanti /cicilities or arfi'ecrrrlhinfrlion lhcrTrrl shall hL' Cklffliliih'el
hl�the C'ollnit� ( "olirlc°il. fh<� lair share ror-llrihutic>n 1170,V he cullttstecl clnntcc lfx,
hc="innin-threc t'ears� a ier the ef{eclive 41(114, of life arnc�rlclrr7ent to the
OfthrlcrneC, ha.s`Cc-1 oil a percenla.;c cha17,1,Y in the t/onoluin t;'onsr-n cf- Price
j1?ch'V`tllC Pll.
I'll(, lair Nhare collfribilliolf Shall have it IntlSialuill cclrnhrrletl
volae cel ` {)l)_i. ?per rrrullilrle frrrr7il} rc.sicic ntial unit r til l ..1 ircr.eirltle
lilmilt� resiclenlial unit), life total urrrount shall he ciclei-rlinctl by the aclilai
nlrn7hE'f`(J1 71T2il.S' accortlin=S to the c`alc'ulalion aluipatmem proVisiont scl Jcrrih
in Ihi.,s conflifi n...
In heu of jraYitig the fair share conirihnfloil, the apiVicant mut'conlrihllle /rind
al'IJ or construct relute(I/o (410 recreation,fire,
7`)117tEe', YtTdl41 1�CNrC-`, r illcrr)c�L „ a 1t.,L' "V"1011 n117: crbil r
the hropoNett clevelolrrnenl, suhject to rhe revic•tiv una'rTc'trHImenclaiiolr
Plannrn"g, Direclor, ujwn coilsrlitallun'N Kviih the 6PI-)1,01 iltilc CTIgc rlE'1c,1 cillo?
approval (#'the Council.
The Applicant clues not intend to construct residential units oil the site. [f it
dries;, it wsill Comply with this requirement.
N. Shmilt/the Comicil adopt ct t��rlifict<llmpact Fee 01-thncrnce...conchliolls
includ t<l herein shall he crcttiil toivarils the i-equiremews of'the [Jifificcl lrrl;€mcl
l"i"es es OlWillance.
This is not applicable. inasmuch as such an ordinance has not been passed as
of this elate.
O_ 1'hc' alrl>licant shall comply icith all ap[kcahic Counly, Stole oll(/Fetleral
1aWS, rules`, rcrgtllatiOrls and requirenients-
Hits has and will continue to be ccornplicd with by the ,applicant.
P. ,-lir inilial extension oflime lira the jvE fornfance of conchtions Wilhi)`7 life
Ordinance may be gronled by the Planning Direclor... ?. 40he ('113jrliccallt
shorrlcl require an mhhiional e len.sion of linje, the Planrrirlo Director shrill
sr binit the alip icant's regncst to life Count-i` appropriate action, '
�s noted earlier, an initial time extension was granted. f'cn`suant to this
c0ticlition, the Applicant is requesting a 5-year time extension of both the
wwate-r calculation study and constrLICti0r) completion requirements from the
effective e cute cel`this proposed amendment.
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Conditions 13 and C required completion of the project svithin five (5) years acrd
suhnjittal ofa %nater calculation studV and pavnlent ofthe wafer commitment lee_
ssitljin 180 (1a\y, respectivc.IN,of the eftectivc d:jtc of the ordinance(NMarch 0_
2()12). 'I-hese conditions were not Complied with, in spite ofthe initial live f 5l year I
c,tcnsion to complete the project.
C'onsidcrim 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 tine (5) years to complete the project with an opportunity fol, an
administrative extension. In the event the administrative extension option is
una vailable, the Applicant requests live (5)years to commence and ten (10)years to
complete the project.
IV. JUS4 It ICA HON (_W R'LQCV
Condition 1' ofthe rezoning ordinance (Ord, 12 3:3) outlined three (3) criteria
whereby a time extension may be considered. (hese criteria and their justification
For both extension requests follow.
Yy. Thc, fit) a-per101-rr once is the result o crn ditio"S that could nol have be cn
trrrc.sc'cta or are bervond the control of lhc, aplViccrrrt, sUCCeSsarS of, rrarcl
thc.rt circ rrert the rersuft erftherir fiim1t or negligence.
'file subject site was the family home ofthe applicant. Conain- ftom a tanj ly
ofdental practitioners, the Applicant had planned to relocate its practice to the
subject site where parking and conjmunity accessibility would be greater. As
such, it sought and received rezoning approval in 2012.
Alotu;the way, conceptual plans were l alized, resetting in the receipt of
Final flan Approval on NMay 29, 015, all %vithin 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 .luly 10, 2(115.
Regrettably the health ofone ofthe principals--who was the driving torc:
behind the project turned south and the pro_lect languished. The project was
then pickcd up by the other principal. vkho was unable to provide the needed
Zjttention to the project given the demanding schedule oflus dental practice.
As such, an administrative time extension was granted on October 16, 2016 to
March b. 2022.
The project suffered another setback with the untimely passim of the project
architect in December 2019. And the C'OVID-I q pandemic wreaked havoc on
all plaus, 1~e& nirrg Jai'mary 202rJ.
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nderstandably, NOule wbelkintentioued as evidenced b\ tine eflt7rts made iin
developing flans and demolishing [lie fannily Pty}nae for the pr( jeci—the
pi-(iject could not commence within the allotted time. I lovvcvcr.. as noted
above, a lot of unforeseen things happened that made it difficult to do the
piEfject.
l3. CirrrrrtirC of the time exterrsitrrr ii'oidtl nol he contrai-t- to tlrc General flan or
i'mirra, Cm.h"
It should be noted that since, the site was rezoned, there has not been ain�
siaarificant land use regulatory change: in this area. The Hilo Conlnlunit
T)er elopnnent Plan has not been updated, and thus,the only relevant plannnin+-,
policy docuruent still rests with the, County General Plan-
-1 Pluj)oscd ieLlucst i:, n0i LL.Mlrair� to dhc Gencraal 1'lann's Land Use l',-I rn
Allocation Cintide (Li ii'f1(t} ivlap that cteiines the suk jeeL 1)I-01) kY ta�iu its
inurnediaiely surrounding afca for i"VICUlIUni DCO- ut taSCS, i tnc. 1HU,'i
revisions to the General Plan (February '2005) did not snake any changes
aE"(tc:tilig the subject site. The current designation oil the LUPAC neap is the
sanne as when the subject property was initially zoned 1tC X-20,
There are several commercially-zoned and related uses proximate to the
stibjc.ct site, Most notably, there is a gas station about 200 tett to the north
that was rezoned in 1997 From TSS-1 tf to CN-1 t). There is a property about
100 feet to the south thant is zoned RM-=l with several duplex structures.
This area is in an area of lanai use transition., making tine residential-
commercial zoning, {instead of(lie conventional neighborhood or general
Wil nna:rcial zoning;)quite appropriate.
Concurrently, it would be consistent with the following pertinent provisions of
the general Platin Policies:
1, Economic Element
GO(Il:
• Provide residents with opportunities to Improve their duality of life.
• Lcononue development and improvement shall be in balance with the
physical and social environments of the island of l-iawvaii.
• fhe C'OWIN of I-Tawvaii shall strive for diversity and stability in its
economic systern.
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• ['he County shall provide an economic environment which allows
ncvw, expanded, or improved economic opportunities that Etre
compatible with the. County's natural and social environment,
• Fhc County shrill provide an economic environment which alto%vs
ne�v, expanded, or improved economic opportunities that are
compatible with the County's natural and -social environment.
« The COUMV shall stripe For an economic climate which provides its
residents an opporttanity for choice of occupation.
• The C OUnty shall strive for diversification of its econonly by
stren.officnant,,-, existing industries and attracting iie't1 cud,:avors.
« l lie Count} shall enc:onrage the development of a visitor andusu-N
dNhich is consistent with the social, physical, and economic goals of
the residents of the County.
Discussion
'I he request k,,,'ould provide opportunities l'or a small medical ot'fic e with
some supportive uses to establish Itself in an area that is already serviced
by a stood transportation system. Relatedly, all required infrastructaMe is
there or, if not and/or needed, will be provided by the rll)plicarat Without
taxing government's servicing ability.
Further, the area is located proximate to residential. commercial. and
busines, 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 anakinp it convenient for the region and
surrounding neighborhoods.
2. Lind Use Element (Commercial)
• Provide For cornanerc;ial developments that maximize convenience to
its users.
• Provide commercial developments that complement the overall pattern
of transportation and land usFapc within the island's regions,
COM III tsnities, and neighborhoods.
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C'otnnicrcial tacilities shall be de%eloped in arca~ aclegtsatcly served by j
necessary services. such as-w'atCT,. utilities.. sewers, and transportation
S�MCIns.+ `should such Services nk)t lie availabic, the development of
more intensive uses should he ial concert with a localized program of
public and private capital inlprovemcnts to nice( the e-;pectcd
increased needs.
• Distribution 014contnaercial areas shall be Stich as to best meet the
demands ofneighborhood,community and regional reeds.
• The development of cornmercial Facilities should be designed to fit
into the locale with minimum intrusion while providing the. desired
:services. Appropriate intrastrtrctLire and deston controls drill l?c°
incorporated into the review of such developments.
Stcrrrt'lctr•cls
• Commercial developments shall be located in areas adequately served
by transportation. utilities, and micnities. Commercial developments
shall provide for adequate internal circulation anionost commercial
facilities in the area.
• Off-street parking and loading facilities shall he provided.
• C orn-tttercial development shall maintain or improve the cluality of the
present environment throu4h tile consideration otv srtal. access.
landscaping, and other design elements in their development.
• Preference shall be given to commercial lands -with a reasonably level
topography.
Discussion
As the C_Ity of Hilo and its surrounding area continue: to grow.there will
be a need for more office space, l lol-ever, not all offiec uses need to be in
large structures. Smaller Structures in areas oftransition Such as here
would be appropriate. From a visual tared infrastructure perspective, the
proposed protect Would not o-etA-helan the surrounding at-ea.
Tile subject site also fulfills other policies and standards articulated in the
General Plan. The site is alreadv serviced by adequate infrastructure, and
-where there are not, will be extended and"Or provided bythe. Applicant.
The County ~Fater line is alreadv available to the subject site_ Police rind
tire, protective ser,,.ices are avallable within it S-mumte response time. AS
Bitch. this projcC should not require addition public service; to be.
pro1ded.
Flic site does not have ani on-sitar development constraints. Fhe land is
rcl<:itively level and is designated "V can the 1�112M neap. €urther, because
oHice t.isc is not I)OXious, potential pollution c011cet73s would be inliumal.
It,atall.
Being cleared and used residentially in the, past. the prospect of'1he site
serving as a habitat for rare or endangered plant or animal I ire appear
remote. There is also little evidence that the site would have any
archaeolo+yical feature.
Because of the proposed scale and type of ust. the i-t'41114:si w ttu ii UI 1i
nli.t3 etre port [ltiai 4Ss'tl it and noise lailpa4t. 1at141a4 tiiii t 'lll l)4 f)tUvlek Wt
within and along the propertys boundaries.
Finally, the; standards for an office building will be fulfilled. These
include the acreage. setbacks. use,,, parl:inL, etc.
C. Granting of the iime exiension woufcl nol bc contrary Icy I/Ie ori incl rc°u m,,S�
for the rt°trrrtirr trf'ihe cltcrnge of zone.
The reasons for approving the rezoning of this site were artieedated In the
Planning Commission's recommendation to the County Council (Exhibit E).
fhe reasons, in summary, and their relationship to the present, included:
Consistency with the County Cieneral flan 111.1PAG neap and Coals and
E'olieies,
Furtherance of the County's goals of providing an economic environment
\vhich allows ne", or existing businesses to expand and diversify the
County's economic brise, and thereby also increase occupational choices.
This is still a goal o$the County.
Site's positive physical and locational attributes which linect the
commercial needs in the context of[lie medium density desionation of the
County Clencrat Plan. 'Phis is still applicable today, as~there have not been
any amendments to the General flan.
Availability or provision by the Applicant of all essential utilities and
services. The discussion relates to the improyements to the roadway
right-of-way, wastewater system, and the like,.
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Sue not having any resource issues, such as archaccflo,,,ical, draTinag,C.
hotalnical, or ae11faueral.
It is thus maintained that the reasons used to support the existing, RCX-20
/oinnp! still apple to the requested time c.\tension_ file request is also
ConSistent With the coneurrcncy provision outlined in Section 25-2-46.
Ri 21ative to traffic, the concurrency provision requires a Traffic Impact
Analysis Report (`I IAR) il`ntore than fifty (50) trips are gtenerated by a pr(jcct.
dclrinp the peaty hours. In this situation. the proposed office use for the
4.200--,L./- square f )ot would generate leper turning movements than a retail
shop. According to the Institute ot`Traffic F rigineering manual (the: manual
n,ed by traffic engineers in preparing Traflie. Impact Analysis Report)_. the
\111'\fI trip -,4n4radk)- 1')r OfFice use ;- I.41) trips per I 000 �,-pi rre G-ct,
E IrLlti, aS kllTliii a [IlalillllUill ),k))) , Itli�[c ktio t>lllcc ht6lltliJit , L,it ricin
moclhcl , ti�old bkio tlluic than i i:�l �6(�) eAa 1..�
Thus, the projected rise aloes not reach the TIAR"threshold``' Ior a T I R,
County water car the project is still available fron- the I O-inch line frontinr>
Kilaucar :Avenue. That is adequate to address the fire Ilovx requirements.
Further. there is a cavil defense siren less than five hundred (500) feet front the
Subject site.
As such, approval of this request should not be incongruor:ls With the
concurrency provision of the Toning, Code.
It is thin, 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,
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COUNTY OF XX,'A lcl STATE E F° HA.WAPI
93Cs4y-
12 33 BILLN0. 2
O INACIS. ? _
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AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZO1NE MAP),
ARTICLE 8, CHAPTER 25 (ZOiti11\1G CODE)CSE THE 1-AWA11 COUNTY CODE 1983
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(`?005 EDITION), BY CHANTGING THE DISTRICT CLASSIFICATION FROM SI GLE-
I AMILY RESIDE.NTLAL— 10,0O0 SQUARE FEET(a:S=10) -0 RI✓SfDF' TIAf,
t_,c)i',fIMERCEAL -Nflli`eI_D—'20.000 SQ[JA1' F FF 1 ( CX_20),A T° WAIAKEA, fvOu'TH 141LO,
IIAWAI'I, C C)V1 1 'D BY TAX; IAP KEY 2-2-038.028.
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13k, IT ORDAINED Bir THE C;OI.tNCI[.OF THE COUNTY Y O HAG\Y,''ll:
SECTION I" Section 25-8-33, Article 8, Chapter 25 (Zoning Code)of the Ilawai'i
County Code 1983 (2005 Edition),is amctided to change the district classification of property
des-c-ribed hereinafter as follows:
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The district clas4itaeat o r of e follo�;irzg area situ ateci at-Wa ea, South Hilo,
Hawaii,shall beResidential-Commercial Mixed--20,000 sgttarc feet(RCX-20):
Beginning at an iron pipe at the West corner of this lot and the South corner of
Lot la,Block 302,the coordinates of said paint of beginning referred to Government
5ttrvey"t"r-iang-elation Station`HALAl"being 5591.5 teet Soijth and 8224.6 East, as
shown on Government Survey Registered Map No, 2600 and running by true azimuths:
1. 238' 10' 2410 feet along Lot 6, Block 302,to an iron pipe; a
2, 328' 10' 1800 feet along the Vest side of"Volcano Road to
an iron pipe; j
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3. 58 10, 2110 feet along Lot 4, Block 302,to an iron pipe;
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d. 148` 10' 180.0 feet along Lot 14, Block 302,to the point of
neginning and eontairingg an area of l 00
Afl as shown on the.asap attached hereto, tnarked Exhibit"A" and by refcr�,-nue
made a part hereof,
EAWIBIT
SPCTICt,,\ -I In accordance%with Section 25-2-44, Ftawai`i County Code 1983 („2005
Edition), the County Council finds the fool wing conditions are:
cccssary to prevent circa:istances which may be adverse to the public health, safet-y
and we_farr:or
(l) Reasonably zonceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public frorn the potentially deleterious effects of
O'c
(B) Fulfillment of the need for public service demands created
by the
proposed use.
A. Tile applicant,successors or assigns shall be -esponsible for c:onnplying witi- all of
the stated conditiorms of approval,
B. Construction of the proposed development shall be completed within fire(5)
years from the effective date of this ordinance, Prior to construction, the
applicant,successors or assigns shall secure 7inal Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawai`s County Code. Plans shall identify all existing
and/or proposed structures,paved drivew=ay access and panting stalls associated
with tete:proposed development, Landscaping shaJl 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 corrmmnitrnent by the:Department of Water Supply,
the applicant shall subt-nit the anticipated maxirntrrn daily water usage calculations
-2-
11renared by a professional engineer licensed s l the{State of Ha ait i, ilyd a water
ccarnrnitnient deposit ;;n accordance with the"Water Commitment Guidelines
Polllc;„to the Department of Water Supply within l8,0 lova from ti c,eli ec tivc
date of this ordinance.
D. 'J.-he applicant shall -Instal a reduced pressure tyle backflow prevention assembly-
w€titin tive(5) feet ofthe cxisting water meter and any additional water rncccers on
Private property, which must be inspected and approved by the Department of
Water`luraply. Installation of the pre"Ve.r iim) RT)d rf fo( 'arinn
" Ut4a 41PPA Y
should thev be necessary, shall take into consideration the future road widening
strirt alomy K la ze, avenue,
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El, Should the applicant,. successors or assigns develop a land use which the N nni-n
Department,in consxaltatio:n with the De-partment of Public, Works, determines
will generate over 50 peak hour trips, a Traffic Impact Analysis Report(TIAR)
i
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 I zlauea 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 fature
road widening strip along the property's K-Ilama Avenue frontage shall be
delineated can the plans submitted ftar Flan approval review and dedicated,at no
cost to the County, upon its request,
C. filo:to issuance of a Certificate of Occupancy for any commercial use on:lie
property, the applicant shall provide improvements to tl,e propertl.°'s tromage
along KTlaucGa Avenue consisting of, bu> not limited to.reconstruction of the
existing concrete curb and sidewalk (from curb face to property line) and 4rny
required utility relocation, meeting the requirements of the_T-neTicans with
Disabilities Act and:tandards of the Delaar,,nent of Public
i1. 7e 4ia Avenue ail confm toDriveway connection(s) to t ,
Streets and Sidewalks, of the Hawaii County Code,
1, The method of sewaae disposal shall meet with the requirements of the
L v 3?t tt iii or ntai 't.
J. All d velooment—erc rated runoff shall be disposed k)f can-:site and shall riot be
directed toward any adjacent propeilies,
Kw All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control,of the HaNN-ai"i 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.
Nit. If tine applicant, successors,or assigns develop residential units on the subject
property, the applicant, SLICCCSsors or as,sips Shull make is lair share contribution
to mitigate the potential regional impacts of the developmentwith respect to parks
and recreation,,tire, police, solid ;waste disposal facilities and roads. The fair
share contribution shall become due and payable prior to receipt of final 131ar1.
l `1'he fair nar ccxntr bution tier each int sl"lall of based on t.ne ac--ual
to prov .
number nfresident al units developed-
cash,
fair share col-itributiou in a #onn of
cash, laid, fael"ities or any combination thereof shail 11)o ti etcnrnirnce by thc;County
C o rlcil. The fair share ctlntribu.ion r,iav lie:adjusted anrwally btgirntttg t~.r
Years after the effective date of tills orki nance,based, or, the pelc;enta& cllcln[?e 1S7
the Honolulu Consumer Price index (HIM). The fair sharp contritlir`itnn shall
have a niaxirlillin combined value of$7,903.35 per rnulttple, family resiniential r}nit
�aL, lit lJ l)Cr Sit€ iG Zit2iily r StSCtiii SfiS ). tilt Lo Lai dElI UnL siirali b6
delft'I-nide -SVfh€' cr l ) T1€1t7 bei l(€Efltt :C' €tt`dl l< tt tl r';=l€~.I l t;on `"Trr{
*rav re:.n?ynrovisions set:forth in this condition. The fair-share contribution Per,
rrlrrltiple family residential unit(single fancily residential units) shall be aflo atcct
as follows:
$3,898.50 per multiple family resident i.11 emit ($5,939.22 pr-,r single farnily
residential unit)to they County to support park and recreational Improvements mid
facilities;
$123.21 per Multiple family residential unit($286.51 per sinule Family residential
jasnit) to cine County to support police facilities,
$379.01 per multiple family residential unit($565.83 per side family residential
unit) to the County to support fire facilities
I .93 per multiple faariily residential unit(x27,75 pec sing Ie family residential
unlit) to the County to support solid waste facilities; and
53,.33169 per multiple faintly residential unit (55,277.10 r)ur single family
residential unit}to the County to support road and traffic=inrpro,ec-nents.
m
Iii lien of paying the,fair share contribution, the applicant, Successors or assipis
may contribute land end Air construct illprc7�rement-,;'t 3L �('_1� related to pare-, an i
recreation, tire, police, solid waste disposal facilities and roads within the regio
impacted by the proposed development, subject to the rcvicw,Wict
rccomi endation of tare,Narming Director, apon cobs iUltrrtiOn with the approor Gate
acenci°as aLnci approval of the County Council.
N, Should the Council adopt a Unified Impact Fees (:)7dinance setting;forth criteria
for ;M n1`),itirw ni e-vloit-)ln i or the aQs�..:,ssnlent of T`61?T avi `ee-,, oflndit7C n' ; incl,id-_
herein Shall he credited towards the requirements ofthe Unitied impact lees
C�. The applicant, successors or assigns shall comply with all applicable County,
State and Federal laws,:-Ales, 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,
circumstaraees:
1. The non-performance is the result of conditions that could not have been
forescm Or are beyond the control of the applicant, successors or assigns,
and Haat are not the result of their fault or negligence,
?. Granting of the time extension would not be contrary to the General flan
or Zoning Code,
GrcuitialE;cox tl.e:iliac i rxssOII a,cult's nvt be 4vc,trurt' tv uli;viiL.lnttil
reasons fbr the granting of the change of gone.
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4. 'f ne ti23•c extensian ,ranted shall he for a ',eriod not to e.xc ed t:li t��riirce
or ginaily,grarite-d for(1t'rfo.-Imulce(12.L., a 4C3m do-] HCl be perf::1rnle1 within
one year ma-y lie extended for tip to one additio� 1 y=ear).
1f he appli nt sl o,-ld require an additional e_iten-s o i oftime. the
Planning Director Shall sub,-nli rlle appy—Icant':,3.-i,1Ll�;St t0 the C (wn ,
Council for appropriate action,
S`hrw.1(1'qn"nfthr• n„r be, t-.t v:,hn n ii a
n
uw r. aaa, Z11av sillllcliE”rezoning of the suoject area to Its
11�original or more appropriate designation.
S-CHUlS ; In the etent Tat nv portion of this ordinaricf is declared invalid, such
invalidity small not affect the othcr darts of this ordinance,
SEC`I'IC '4, T'tlis ordnance shall take effect upon its apprwvG h .
DUCED Y:
COUNCUI io 7-Y'OF HA TIT
Hilo Hawa `i _
Date ofh-Aroductiori: February 1
Date of 1st Reading: Februar 1, 2012
Tate of 2nd Leading: F'ebruax�y 15, 2012
Effective Date: March 6, 2012
REF"ERENCF,
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CIT€i. _25 ci ' !67
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SINGLE FAWILY RESIDENTIAL• I.
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TO REVOEM71A.L-1 0M'MERCLAL
TOTAL AREA I FORE
K 101
�. 4.x{1 Wit. ". � �il•^" ,,.- i� ry.'
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Feet
0 125 250 Soo 750 1,000
AMENDMENT TO THE ZONING CODE-
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
i^HMPTI=77n aS (ZC3t`!r!^'2fi QQDF_j OF Ti-iG H;'',W/V'f COUNTY GOOF "1 ,3 (00 F-DITIUN),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE-FAMILY RESIDENTIAL.- 10,000 SQF T (RS-10) TO
RESIDENTIAL-COMMERCIAL MERCIAL MIXED - 20,000 SOFT (RCX-20),
AT v/AIAICEA, SOUTH HIL( , HAWAI`l
MAP PREPARED BY,
COUNTY OF HAWAH, PLANNING DEPARTMENT
man 1117
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I DO the BILL ii-w adL)Jzlt`d b"."he t`tea t`tj' r'_'0101CH 1,1201101& 1 CrS
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APPROVED AS TO
FOrc\ND LEGAL IT' ✓;
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F"NiSOS)_moi ..,fry I I:..e�.f�� ING DEP. RICNYFENT F._ n_:'i tri-8?42
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SUBJECT: Application: FINAL, PLAN APPROVAL (PLA-15-001142)
eitrfai Officeuildino'
T2w2_0 ;t3 at"Vaiakea 1lounestea s Disuse Ln So f- do Ha ari
We have reviewed the above-dcscrlbed plans for the,establishment of ,a Dental Office pursuant to
FINAL PLAN APPROV'Al-. Enclosed 4s }our cunv ot'thc .FINAL PLAN APPROVAL,
Please be aware of the conditions of approval that are batt of this, FINIAL PLAN APPROVAL for
Lilt ;rrFOpO:ed project. These conditions, which art, listen on page .v O thy; 1 T"NAL € 1_.AJ'i
APPR-0VAl-docu-meat, :rust be complied with prior to the occupancy of'the Dental Office,
For your Information, all accessible spaces shall cDmply with current Stat: and Federal
Standards, Please sc.- relevant information on our website: htt ;//�ww. esti, larsnan t.cc�nt
resources-and-references-
Should
esources-and-referencesShou d you have ani. questions, plrast fel We;IccrtrrtC trr Contact Larry Nakayama of [fits
Denar, gent at (808) 961-8149 or lar€yna ayaa atthawaiicou ty o
Sincerely,
}
DUAN KANU'HA
t.3 iN:fl4�
pplan appovai6�27T. A..-t5-001 14-
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Lnclo sure: PLA-15-001 142 Forrn.do -
cc: Cir. Brice 7 al"ata
811 Eel-ria Strict
Hilo, 141 120
wwvr at 3 1jnjdep1.C,3n1 HaWai`COUntY is an Faual Uppartunityt:rWaer-Ind M-PI'CW-r �ianrttsgr``rha�artatrim
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PLAN APPROYAL
APPLICANT,. DATE APPROVED:
Paul Osanii, tr.,,C)--arni�lakai iM iekawa E�i'cliilee`s iay 9,?'CI1
LOCATION: TAX'MAP KEY:
1732 Kilauea Avenue 2-1--038:028
2 iSo, filo, Hawai-i
�. ,,, -f•z.,i fT.,,-,- ,;<,l �,,t;v>.t "tf3 tlt`�;� rS= !1-sF''�' '7 r}}
PROPOSED UTLSE
Dental Office Builc`1ill
As Showa on fan
Front Pard 35 OK, 1 O" -Nf ntuaurn rectuirec
Rear Yard (Southwest) Over Req'd Miniin,,um O'K, 20 0' Minimum required —�
Side `t'arct {Sciatheastj 53 (3k. _' t} ' � inirnut� re iairetf {Single Shor t} -
Side rct l�itrrtlib e~tJ _ d '� A__. _ 1 °' lint tirrz required (Sir,le ��t��€ul
_ — —
t- o St:ructilre An.rc_ . ? _I 5� _ C l 45'-0" __..
;access to rang: Asphalt paved driveway off of d OK. NJust comply with the reqtjirernenis of the
KT!auea Avenue
Department of Public Works.
Off-Street Parkin 20 paved stalls shown including � OK 4,606 sq. fi /3( 0 sq. ft. = t (15.35) stalls
j rwo t2) ADA Acc. sible stills, required,one of which muste r DAA Van accessible. C
Loath-and K, None Required
L niondin SP cr: None Shown
3 Lq!jt n-and `4 al.ls-. Matic
vliaterial:
3tIM`
L, i� �Cttf3iS1 £.,Th _ 7titlt: tt1( ?f tt' YLtEt tLLtC
1 €tt tx'i LIQ:= riclxl4"S.1 4
f cpartr€ e `'C� PWICS of Pracucc ar?u P'-Oce urc'
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Ian C:'I a t€ _—_ ± OKE Issued Ori i"MY 19 201
Ordiniance. No, 1'2-'; {Rezor€e I 1-00G'_416) ? OK, Approves March 6, 2012 1
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H w of i cour .3'77T L"714 al oppGrrtttr ity provider sand e r vigv
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1:inta' 4'lan ApprovaI icor 1,N=1 .: 2'-03 S (??8
Pisis-1 ) rv` )1 i4
sv.t`±i; 211i1
As Shown can Plans Comments
Site Drainage Plan: C:iK_ issued `pert ember 26- 2014,
Spacial fManaocinent Area: Ni h
Does this Project have a Fair Share Cantribu ions ' � FSC: Yes No, � A �X ,
' 6 ei'ked! bv' I.arry Nakavam
i F)',tc� A1]
7
Conditions ofApproval:
established per approved landscape plan and in a t 7ariner consistent Gvit'ii the Standards of Rule 17,
Landscaping Rcgairc;merits.Plants shall'be maintained in a manner conducive t o their health and gg o?vth,
?, Lancscappingt shall be provided on a mininitim iof twenty percent of the total land area of any bulIdifig site
in the district, exce-
pt far hits contains only one sinJe-fiurrily dwelling and accessory buildings.
PaAin(F areas shall not be included within the area rNu red W landscpino on an-Y buitdino site;
, Approved parking to be paved,striped acid appropriate signage installed pr'iorio is:,,uanc:e e the C'crtificate
of Ocr upanoy'
i
1, cessble parking spaces shall be constructed In accairdance with all iC'nunry,State and Federal stand rds
and requirements. ADA van-accessible space;shrill be 1 l' wide;by 18'deep,with a 5 ` wide acc css aisle.
n al;erilativ'e designs allows a vara-accessible space to be eight feet (S')Nvide it rhe adjacent access aisle
is tr so eight feat(8) feetwide,
>. No modification to Planes without Prior Written Approval. All work shown on the development nt plains
covered tw tl is Final Plan T)Pr iv-.q shall be coniplered. �s�additii}ns, si�bstrtuttc�ns far alt r�tic�ns trt alae
-itv, Parkin,-, landsca,oina or building lesigri plans covered by this pifial Plan Approval, shall be niade
�s:`tt'�;- �u�-iTec�� �ly'.r�rr�iu�1 a3# =ll, n c�z aZ.*,�=c t� �''4
iz,�t�l t'12�y i7T�" r-1�'.3ri 9tY Yl fr r..>;'s:'�t�.a';i:�Tl2- .�. ii.'Y'1 StE�`t i�'ti
approval of sucrl changes,shall be sub,mitted tin,d incl,ude scalle plaa Sl'teets cie it}'sped Nins i'I pro DOtic`=i:
c haages. U'pon asscssitng th-e requeste. c.1anges, tic director rnav a n prov u,or de4i-ty the req ueste d chLin ges
or require is r"i€'tW, complete apq"'f.licatton IOr Plein Appro\ai Ltr}'iC`re the C_Irec—Or finds Onc c `11t�es to CIL'
Sr b a ltirii.
Final. Plan Aopi-oval i"Or T�, K� (3)2-2-03 8.028
P i,a i7 l 142 I
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property tover' t%°r ipi-ancE vv'th tf , ap-rovcd"L1lans. A C,shall t1{t be an- proved-w er-the ui?dSylus.
site intptro ems its,landsicaping or use p' Tis are k)uncl by with:lia siihra,ittals
ttir which the Final Plan Approval is tss:t .c..
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'. Prior to Issuance ol'a C-miTlGate o- C ccup;3ncy for army';:C?I1liZlercial use or. the TirJpen j',the applicant sha'l
lP(3 r`ti4e im. tir(iv....1ents to the nro er-r•v's tr—ltmze alory 'K.i.,i}er#.Avenue vonct 1SI1Tity of hm' r o 4tllitleTt '0
reconstruction o[mt73g 4iRCltl£ £7Tlti;ttic; tlrll and sidewalk-(from curl (aceto nrCner-tv ine)t3nd anvrcxiiiiTed 3
it,li[y FC[ocat'01-1, iilri ti114 the I"equirel eats of the A'T1cwith disabilities Act ii rid si:andards of:he
Departwi nt o: Publ3C Works.
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8 applicant, its successors or assigns, shall comply with all stated conditions cif apprc vzit o Ordinanc
-;4 lREI -11-000146;i.
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William P. Kenoi - A N't
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Street,Suite 3
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West wai 0 1-Tt 1-1i10, Iawai'i 96120
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October 25, 2016
- Mr. Sidney Fuke, Planning Consultant
100 Panahi Street, Suite 212
Hilo, 1-11 96720
Dear Mr. Fuke:
Change of Zone Ordinance No. 12-33 (REZ 11-000146)
Applicant: Takata Dental Health Center, Inc.
Request: RS-10 to RCX-20
Subject: Administrative Time Extension for Condition B
Tax Mal Key: 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'Ordinanze No. 12-
33. Condition P alloWs for an adminiStrative time extension for a period not to exceed the ioeriod
originally granted. .Based on the reasons within your letter, we will grant a 5-year time extension to
March 6,2022 to comply with Condition B.
Please be informed,however, should you need an additional extension of time to comply with
Condition B, your'rquest and reasons, along with 20 copies of that request shall be forwarded to the
Planning Commission with a S250 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 961-3158.
Sincerely,
.
.)-(JANt .1cAN Uti
Planning Director
A-VD:ma d
P:\public\wpwiti60\Jeff\Letters\Time Ex t\LFuke-Takata-AdminTER-CondB-REZ201 1-146.doc
i.vwwso.iviatioinalicV,cornfkwai i County is an Equal Opportunity Provider and Employer plum ieibi irottritv_goy
EXIHBIT D
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County of liawaig
WINDWARD PLANNING COMMISSION
Aupuni Center . 131 Fauahi Steel.Suite 0 H:io,Hawai•i 96720
Phone.(808)915i-8288 • Fax(SOS)9o:-a742
i,E 2 1 201 -
The Honorable Dominic Yagong, Chairman
and Members of the County Council
County of llawal'i
25 .Aupurii Street
• Hilo,Ill. 96720
Dear Chairman Yagong mid Council Members:
Change of Zone Application(p,..EZ 11-000146)
Applicant: Takata Dental Health Center, Inc.
Request: RS-10 to RCX-20
Tax Map Key: 2-2-038:02$
• 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 Kdwili Street—Kilauea
Avenue intersection and across from Maemae Street,Waiakea Homestead Houselots, South Hilo,
.Hawai'i.
' .
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
Hawaii County is an Equal Opportunity Provider and Employer
EXTHBIT 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
(RC.X-20) zoning district for approximately 1.0 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. Il: 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-family dwellinqs. A 7.6 gas station is located about 200 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 located 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 die
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 oithe County, it reflects a graphic depiction of the physical
relationship among the various land uses. The request to change the zoning to a
Residential-Comniercial Mixed Use (RCX) zoning district conforms to the LUR.A.G 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:
Desigtate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical envirormients of the County.
Encourage the development and maintenance Of communities meeting the
needs of its residents in balance with the physical and social environment.
9 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 8),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 applicants 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 housinQ 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 60-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 4,200-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, 7th 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 (T1AR) 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
TAR 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 10-inch waterline within Kilauea
Avenue fronting the property. The property is currently served by a 5/8-inch meter 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, tire 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 thrther 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 Havyrai`i 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 '
Ualcataden taltlealartz 1 -000146,Apc2
Enclosures
cc: Mr. Sidney M. Fuke
Dr. Ellsworth Takata
Dcparifilern of Public Works
Department of Water Supply
Department of Land,&Natural Resources-HPD
Amy Self, Esq., Corporation Counsel
o o
71' DEPARTFNT OF WP
tJ Ji
ATER SUPPLY COUNTY 01:
M —
.... 3,15 KFIKUANAO'A STREET: SLIITE 20 - HILO, HAWAII 96720
TELEPHONE (808) 961-8050 FAX (808)961-8657
July 19, 2021
Mr. /end° 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,
iltAPVIVAZD
Keith K. Okamoto, PI.
Manager-Chief Pingineer
RQ:dig
copy —Takata Dental Health Center. Inc.
Mr. Sidney M. Fuke, Planninit,Consultant
Imam and Associates, Inc.
SCANNED
. Water, 0yr /Lost TreciOus Resource 91(ct WL A Kane
Nanning Depi.
The Department of Water Supply is an Equal Opportunity provider and employer. 7/21/2021
EXhibL 2 COR-21-564319
•
\1• •Z
99 49
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
3 4 5 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
October 31,2011
TO: Ms.13.1.Leithead-Todd,Planning Director
Planning Department
FROM: Milton D. Pavao,Manager-Chief Eningeer -=µ;
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
We have reviewed the subject application and have the following comments and conditions.
There is an existing 10_inch waterline withinKilauea 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
Hawai`i, 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 Det. . . .Water Our Most Precious Resource. . . a Wai Kane. . . 0 7 5 0 2 3
xhi 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.
Sincer 1 yours,
Milto .Pavao,P.E.
Mana e Chief Engineer
FM:dfg
copy— Takata Dental Health Center,Inc.
Sidney M.Fuke,Planning Consultant
Mitchell D. Roth Ramzi I Mansour
Mayor Director
•,‘ mt.- • 4
••
Lee E. Lord •-;:e- Brenda D. lokepa-Moses
-
Managing Director Deputy Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 KekCiam-io'a Street,Suite 41 Hilo, Hawai'i 96720
Ph:(808)961-8083 • Fax: (808)961-8086 fli-; fJLI
Email: cohdem@hawailcounty.gov fall 23 2021 F,?-2:23
MEMORANDUM REM) HAND DELIVERED
TO: Zendo Kern, Director
Planning Department
,7-777—s)
FROM: Ramzi Mansour, Dur 4 , *Tel
cl sto re)AAA„Ch IS3 k
Department of Environm aria gernent
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
oreanization 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 ween waste sites located at the West Hawaii
Organics Facility and East Flawai'i Organics Facility, or other suitable diversion
programs.
) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
( ) Other:
County of Hawaii is an Equal Opportunity Provider and Employer 4 2 6 ;. 9
Planning Dept.
Exhibit 4
Ramzi I. Mansour, Director
June 21, 2021
Page 2
The Wastewater Division has reviewed the subject application and oilers 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 flawai‘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 Hawai'i County Code.
( ) Check o line o (ts applicable: [ J If required by the Director of the Department of
Environmental Management ("Director of DEM"), { j] 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 Hawai`i '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 future connection to
the County sewer on Kilauea Avenue,.
Ri :pls
•.
DAVID'LIGE ELIZABETH A.CHAR,M.D.
STATE OF HAWAII
DEPARTMENT OF HEALTH
P,0 SOX 916
96721-N16
MEMORANDUM
2 0 2 1, 3
12';0
DATE: July 26, 2021
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Amendment to Chame 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 Cotamiunent)
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), Clean Water Branch (CW13), 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:
I) Antidegradation policy, which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State \Nater 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 11-541,
Planning Dept.
Exhibit 5
Lendo Kern
July 26, 2021
Pc2of4
A Section A101 Water quality Certification CWQC) is required if your
project/ac ti v i tv:
Requires quires a federal permit, license, certificate, approval. registration. or
Statutory exemption; and
May result in a discharge. into State waters. The term -discharge-ge'' is
defined in Clean Water Act, Subsections 502(16), 502( 1.2), and 502(6).
Examples of `discharge" include, hut are not limited to, allowin`T 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/epo,xy, .and.
washing/cleaning effluent.
Determine if your project/activity requires
qa EtL> U federal permit,
Lr1t, liC - 1;e? 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 (COL), Pacific Ocean Division Honolulu District Office (POH) Tel:
808-835-4.303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; I .S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 40.1 WQC, you must complete and submit t the Section 401
WQC application. This application is availablegon the e-Permitting Portal website
located at: f '1f >' c..! .1. a h.d ih+ iii tib il I Ii it
Please see .1-JAR,chapter 11-54 for the State' Water Quality Standards and for
more inf�orrmation on the ySectionp 401 WQC, 1:1AR, Chapter 11-54 is available on
the CWB website at: 1 i...§.o `/h ai t i i.h I wbf,
• National Pollutant Discharge Elimination System (NPD.ES) permit coverage is
required for:
-Storm water associated wi.tla construction activities for land disturbances of
one (1) acre or more. Land disturbance includes, bu:t is not limited to,
clearing, grading grubbing,excavation,demolition, 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)(I4)(i) through
(ix) and (xi).
-Stormwater 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 efflrient, and process wastewater..
ZenLlo Kern
July 26, 2021.
Paige 3 of 4
--Discharges from the application of pesticides (including pesticide,
herbicides. fungicides, rodcntic.ides, and various other substances to control
pest) to State waters.
An application for an NPDES individual permitmust he submitted at least: ISO
calendar days before the commencement of the discharge or start of construction
activities. '1"o 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:
A.Notice of Iin.tent, (NOT) for coverage under a specific NPDES gen.er.alpermit
must be submitted at least 30 calendar days before the commencement of the
discharge
BsUllYge o start of construction Xcfi7ytiLj. To request NPDES general permit
coverage, you must complete and submit the NOT, The NOT is available on the
c-Permitting Portal.website located at:
Please see f-FAR, Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in FEAR, Chapter 1.1.55, Appendices B through M. BAR, Chapter .11--55
and HAR, Chapter 11-55., Appendices B through M are available on. the CWB
website at: ttu i hc'aitlr,ha ji ». ., / v h/
10 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
s rNoncompliance with water quality requirements contained in IIAR, Chapter 11-54
and/or permitting requirements specified in -JAR., 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 Kern
July 26, 2021
Page 4 of 4
• Manage projects identified in watershed-hased plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects arc selected
through rri aiinual request for proposals. binding is provided by the EPA
through the Clean Water Act. For more information on projects and Funding
opportunities, please visit: -
If you Ii I\'e any questions, ple ise-contact Ms. .INinnc, Seta, Supervisor of the Engineering Section,
CWB, at (808) 586-4309.
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:
l'#%f havk, t g In ' t rli ' r' scil}Z I r t m3. Any comments
specifically applicable to this project should be adhered to,
The same website also features a Healthy CommOinity Design Smart Growth Checklist (Checklist)
created by Built Environment Working Gror:tp (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,
AqgSIdneyFuke, Planning Consultant
100 Pauahi Street,Suite 212-Hilo,Hawaii 96720 -Planning-Variance-Zoning
Telephone:(808)969.1522 Cell:(808)989-0640 -Subdivision-Land Use Permits
E-mail.sidfuke@hawaiiantel.net -Environmental Reports
August 16,2021 COH PLAr4N_ ` DEPT
g1IG 19 2021 PM2:1 a
CD BY MAIL
Mr, Zendo Kern, Director �,�-"�t3}i t� �ar� r4�c 4r s^nr�t
Planning Department --""- -__-V E'.E-3
COUNTY OF HAWAI`l
101 Pauahi Street
Hiles,Hawai'i 96720
Dear Mr. Kern:
Subject: Rezoning Time Extension (Ord.No. 12-33,REZ 11-000146)
Takata Mental Health Center,Inc-
Waiakeae 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 Mans eg ment 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, En ineering 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 lots 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
g^, r Kawili Street, which is located more than 300 feet from the site. Subsection(b notes
Mt. 6
,
A 101 ..e
i
i
Mr. Zendo Kern, Director
August 16, 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.
incerely
SIDNEY M.FUKE
Planning Consultant
Copy—Dr. Brice Takata, Takata Dental Health Center. Inc.via email
RTakataREZAmend.crk.9.15.21
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
TAKATA DENTAL HEALTH CENTER,INC.
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12 33 (REZ 11-000146)
Upon careful review of the request to amend conditions of Change of Zone
Ordinance No. 12 33, the Planning Director recommends that a favorable recommendation
for the request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Director reserves the right to modify and/or alter this
position based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
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). 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. The deadline to comply with
Condition B is March 6, 2022.
Additionally, the applicant is requesting a 180-day time extension to comply with
Condition C (water commitment). The deadline to comply with Condition C lapsed on
September 6, 2012.
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns, and that
are not the result of their fault or negligence.
According to the applicant, after the requested rezone was approved in 2012, the
applicant had planned to relocate its existing dental practice to the subject parcel. In
furtherance of this goal, the applicant secured Final Plan Approval for a dental office on
May 29, 2015 and an existing dwelling located on the subject parcel was demolished to
make room for the project in July 2015.
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
i
i
i
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
i
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.
Granting of the amendments would not be contrary to the original reasons
for granting the change of zone under Ordinance No. 12 33, which have not changed.
The site is served or can be served by appropriate infrastructure to support RCX zoning
such as water, wastewater, access, and essential utilities.
According to the Department of Water Supply(DWS), County water is available
to the parcel and the existing service should be adequate to support the proposed demand
for the dental office project and the existing 10-inch waterline is capable of providing
adequate water flow for fire protection for the requested zoning district.
Based on this preceding determination, the applicant believes that the requested
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time extension to Condition C (water commitment) is now moot and would agree to
withdraw the request if the Department determined that the condition was fulfilled. While {
there may be sufficient water available for the dental office use, the applicant or any
successor could develop any use that is permitted in the RCX zoned district. Therefore,
the Director is recommending a modified condition requiring the applicant to conduct
water calculations and remit a water commitment fee should they develop a use other
than the proposed dental office.
The Department of Environmental Management provided advisory information on
possible sewer connection requirements (dry sewer laterals) and compliance with future
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federal, state, and county regulations related to discharge of pollutants within publicly
owned treatment works (dental wastewater discharge related to mercury from filling
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amalgam), should the County sewer be extended within Kilauea Avenue fronting the
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property prior to construction of a permitted use on the subject property. For this reason,
the Director found it prudent to expand the wastewater condition to include DEM
requirements if applicable at the time a building permit is granted.
There are no irresolvable geological or topographical problems which cannot be
rectified, or which would render the land unusable. The project site is located within
Zone"X", which is an area of minimal flood hazard, and the applicant will be required to
ensure that all development-related runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
Granting of the amendments would not be contrary to the General Plan or
Zoning Code. Since the subject parcel was rezoned, there has not been any significant
land use regulatory change in this area. The current RCX-20 zoning continues to be
consistent with the General Plan's Land Use Pattern Allocation Guide(LUPAG)map
Medium Density Urban(mdu) designation, which allows for a"Village and
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neighborhood commercial and sin le amily and multle family residential and related
g g f P �
functions (multiple family residential--up to 35 units per acre)."
The subject, one(l)-acre property is rectangular in shape and is currently vacant
of any improvements as it has been cleared to accommodate the proposed use. The RCX
zoning and proposed project development is consistent with mixed residential -
commercial type zoning and uses in the surrounding area, which include single and
multiple-family residential zoning and uses as well as commercial zoning within close
proximity consisting of a gas station.
The proposed dental office building or any other use permitted in the RCX zoned
district will be developed in accordance with the Zoning Code. Furthermore, the
applicant will be required to develop the property in compliance with a Final Plan
Approval, which will ensure appropriate on-site parking, drainage and landscaping
requirements will be met.
The proposed dental office building facility will not generate the 50 or more peak
hour vehicle trips that would require a Traffic Impact Analysis Report(TIAR); however,
Condition E of the subject ordinance would require a TIAR if the applicant developed a
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different use permitted in the RCY zoning district that would generate 50 or more peak
hour trips.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use,prior to its commencement or establishment upon
the subject properties. Additional governmental requirements may include the issuance of
building permits, compliance with the Fire Code, installation of improvements required
by the American with Disabilities Act(ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Based on the preceding findings, the Planning Director recommends that a
favorable recommendation be forwarded to the County Council to amend Ordinance No.
12 33 to allow a five (5)-year time extension to Condition B (time to complete
construction)with the possibility of an administrative time extension and a modified
amendment to Condition C (water commitment) as described above.
In addition, the Planning Director recommends that existing conditions in the
ordinance be revised to reflect the current standard language for conditions of approval
and to remove conditions that have been implemented.
The accompanying draft bill to amend Ordinance No. 12 33 is provided for your
consideration. Please note the proposed conditions of approval attached to the draft bill. Material
to be deleted is bracketed and struck through; new material is underscored.
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uoJMtvrno k,��'
COUNTY OF HAWAII STATE OF HAWAII
gra oF.„ra+
BILL NO.
ORDINANCE NO. (PLANNING DEPT.)
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AN ORDINANCE AMENDING ORDINANCE NO. 12 33 WHICH RECLASSIFIED LANDS
FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10) 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 2 of Ordinance No. 12 33 is amended as follows:
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [P4045
Edition)] (2016 Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety, and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
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INSERT CONDITIONS
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
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SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
a
COUNCIL MEMBER, COUNTY OF HAWAII
i
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
{
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C TakataREZAmend,crk.9.15.21
TAKATA DENTAL HEALTH CENTER,INC.
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12 33 (REZ 11-146)
AMENDED CONDITIONS OF APPROVAL
A. The applicant, successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. Construction of the proposed development, as substantially represented b. the he applicant
or as permitted by the zoning district classification, shall be completed within five (5)
years from the effective date of this amended ordinance. Prior to construction, the
applicant, successors or assigns shall secure Final Plan Approval for the proposed
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 issuanee of a wa4ef eonHnitmei4 by the Depai4mei4 of Water- Supply, the
by a professional engineer-heensed in the State of Hawai'i, and a water-eenamitnie
deposit in aeeefdaneevkth the"WeAef GemmitmeRl Guidelines Pohey"to the
DepaAment of WateF Supply within 190 days from the effeetive date of this or-dinaflee.]
Should the applicant, successors or assigns develop a use other than the proposed dental
office use, the applicant shall submit the anticipated maximum daily water usage
calculations as prepared by professional engineer licensed in the State of Hawaii to the
Department of Water Supply. If required, a water commitment deposit shall be paid prior
to receipt of Final Plan Approval for the proposed use in accordance with Rule 5 of the
Department of Water Supply's Rules and Regulations. The applicant is responsible for
maintaining valid water commitments to support the proposed use until such time that
required water facilities charges are paid in full.
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
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property,which must be inspected and approved by the Department of Water Supply.
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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 Kilauea 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 I
a
generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be
a
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
3
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 Plan 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 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, Count
Streets [and Side all ], of the Hawaii County Code.
L The method of sewage disposal shall meet with the requirements of the State Department
of Health and/or the County Department of Environmental Management, if applicable.
J. All development-generated runoff shall be disposed of on-site and shall 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. [ > ffiffifine she!!
eoneei+trattens or human burials 7
e erteounteFed, work in the immediate area shall cease
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ar-ehaeologioal elear-anee from the DLNR S14PD when it finds that suffieient mitigation
fneasiifes have bees lake -.] In the event that surface or subsurface historic resources
including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms,
etc.) cultural deposits,marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work,the applicant shall cease work
in the immediate vicinity of the find,protect the find from additional disturbance and
contact the State Historic Preservation Division at(808) 933-7651. Subsequent work
shall proceed upon an archaeological clearance from 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 share contribution shall become
due and payable prior to receipt of Final Plan Approval. The fair share contribution for
each lot shall be based on the actual number of residential units developed. The fair
share contribution in a form of cash, land, facilities or any combination thereof shall be
determined by the County Council. The fair share contribution may be adjusted annually
beginning three years after the effective date of this ordinance, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall
have a maximum combined value of[$7,°�3.35] $9,662.28 per multiple family
residential unit([$"�] ($15,057.57 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:
1. [ 898 8] $4,766.13 per multiple family residential unit ([$S,° 24J $7,261.03
per single family residential unit) to the County to support park and recreational
improvements and facilities;
3
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2. [$123.21] $150.63 per multiple family residential unit([$386:511 $350.27 per
single family residential unit)to the County to support police facilities;
3. [$379.01 $463.37 per multiple family residential unit([$565.89] $691.83 per
single family residential unit)to the County to support fire facilities;
4. [$1-683] $206.52 per multiple family residential unit([$' ] $302.89 per
single family residential unit)to the County to support solid waste facilities; and
5. [$3,�3.69] $4,075.63 per multiple family residential unit Q$5,24L7W] $6,451.55
per single family residential unit)to the County to support road and traffic
improvements.
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:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for perforinance (i.e., a condition to be performed
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within one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely fashion, the
Planning Director may initiate rezoning of the subject area to its original or more appropriate
designation.
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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- 10,000 SOFT(RS-10)TO
RESIDENTIAL-COMMERCIAL.MIXED -20,000 SOFT( C -2 ),
AT WAIAKEA,SOUTH HILO, HAWAVI
MAP PREPARED BY,
COUNTY OF HAWAI`i, PLANNING DEPARTMENT
TMK:(3)2-2-IXi 428 tAATE.SEP 27,2041
EXHIBIT"A'° Tsmu Mann center,Inc.
Mao 1917
FOR REFEK" EN" 'CE ONLY
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