HomeMy WebLinkAboutCOM 0298.000 2000-2002 ~gV~Oi~p„_
~€arry Kim ' B. Dixie Kaetsu
Mayor Managing Director
Peter T. Youug
tf os ~s+a'j1 Deputy Managing Director
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25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-82] 1 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 Fax (808)326-5663
August 7, 2001
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
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Change of Zone Application (REZ 01-006)
Applicant: Okutau, LLC
Request: RS-15 to RS-10
Tax Map Key: 2-4-14:42
Proposed Street Name - Pu`alaea Place Subdivision, Pu`alaea, North Hilo, Hawaii
Pu`alaea Place and Pu`alaea Lane
TMK: 3-6-11
Proposed Street Name - Waiakea - Punahoa 1 S` South Hilo, Hawaii
Mohouli Street - Extension of an Existing Street
TMK: 2-4-73 2-5-6 2-3-44 & 2-3-47
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above-referenced request.
Sincerely,
Comm. No. _
Harry Kim
Mayor File No.
,~i// Ref. To:_
Ref. Dat~UG 13 2001
County Council Members
Page 2
LO 1.May
Enclosures
cc: Planning Department
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PLA1v1NING COliR1VIISSIO1e1
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808)961-8288 Fax (808)961-8742
:BUG 0 2 2001
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 87-110 (REZ 568)
Applicant: Mr. William V. Brilhante
Request: Time Extension to Condition "B"
Tax Map Key: 2-2-037:027
The Planning Commission, after a duly held public hearing on July 20, 2001, voted to
recommend for your approval the proposed legislative bill for a request to amend Condition B
(secure final plan approval) of Change of Zone Ordinance No. 87-110, which changed the district
classification for approximately 21,050 square feet of land from Single Family Residential (RS-
10) to Light Industrial (ML-20a) at Waiakea, South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant is requesting to amend Condition B of Ordinance No. 87-110
relating to securing Final Plan Approval. Effective October 28, 1987, Ordinance No.
87-110 changed the district classification of the subject property from RS-10 to ML-20.
The applicant requested the original change of zone in order to construct an
approximately 4,500 square foot warehouse building on the site. An initial one-year
extension of time was requested and granted by the Planning Director until October 28,
1989. Subsequent to that time, no activity has taken place on the subject property. The
subject property is located along the west side of Kanoelehua Avenue and is adjacent to
and south of Magoo's Auto Parts.
The inability of the applicant to comply with the requirements of Condition B of
Change of Zone Ordinance No. 87-110 is the result of conditions that could not have been
Mr. William V. Brilhante
Page 2
foreseen or are beyond the control of the applicant. The applicant is requesting
that Condition B be amended to allow for two years to secure final plan approval for the
project. The applicant stated that the original tenant they secured had found and leased a
smaller building. Over the years, they were not able to build a structure that would have
been affordable. The applicant is presently completing a warehouse building on another
lot located at the corner of Hualani and Kanoelehua Avenue. More recently, they have
received interest in a new building. As a result, the applicant is feasibly able to work
towards building on this site.
The General Plan Land Use Allocation Guide (LUPAG) Map designates the area
for Industrial uses. However, since the approval of the rezoning in 1987, the General
Plan surrounding this area has changed. The area west of the subject property along
Kalanikoa Street, although previously Industrial, was redesignated to Low Density Urban
in 1992. The General Plan is now undergoing review, and it is being proposed that lots
with frontage along Kalanikoa and Laukapu Streets, between Hualani and Lanikaula
Streets, be redesignated from Low Density Urban back to Industrial. The zoning of
Limited Industrial (ML-20) for the subject property is consistent with the existing
General Plan Designation of Industrial and the proposed expansion of the Industrial
designation in the area.
The County Zoning Code has also subsequently been revised since this rezoning
was approved; however, all applicable requirements such as setback, height and
landscaping will need to be complied with. All essential utilities and services are
available to the site. Existing Condition D requires consideration to visual impacts. The
granting of this time extension would not be contrary to the original reasons for granting
the change of zone. Furthermore, the request would not adversely impact the industrial
land use pattern along Kanoelehua Avenue as other rezonings from RS-10 to ML-10 and
ML-20 has been approved by the County Council. Finally, agencies reviewing the
request had no comments or objections.
Based on the above findings, the request to amend Condition B for a two year
extension to secure Final Plan Approval would not be contrary to the original reasons for
approving the Change of Zone. The Planning Director is recommending rewording of
Condition B and deletion of Condition C to reflect present day language that is used for
securing Final Plan Approval and completing construction of a development. Rather than
impose various deadlines that would unnecessarily monitor each aspect of the
development, a single complete construction deadline of five (5) years is imposed.
Securing Final Plan Approval would be a requirement to be met within that time frame.
Further, we have included wording that a landscaping plan be submitted, as now required
by the Zoning Code.
Mr. William V. Brilhante
Page 3
For your favorable consideration, an amendment to Condition B of Ordinance No. 87-110 is
transmitted.
We are enclosing a copy of the staff background for your information.
Sincerely,
.
Geraldine M. Giffin, Chairman
Planning Commission
BrilhanteCounltr
Enclosures
cc: Mr. William V. Brilhante
Department of Public Works
Department of Water Supply
Brian Minaai, Director/DOT-Highways, Honolulu
Bbrilhanterez568amendskg-06/22/01
COUNTY OF' HAWAII PLANNING DEPARTMENT
~ACI~GROUND REPORT
WILLIAM BRILIiANTE
AMENDMENT TO CONDITION B (SECURE FINAL PLAN APPROVAL)
CHANGE OF ZONE ORDINANCE NO. 87-110 (REZ 568)
William Brilhante has submitted a request to amend Condition B (secure final plan
approval) of Change of Zone Ordinance No. 87-110, which changed the district classification
of approximately 21,050 square feet from Single Family Residential (RS-10) to Light Industrial
(ML-20a) at Waiakea, South Hilo, Hawaii, TMK: 2-2-37:27.
GENERAL INFORMATION
1. Land Ownership: The subject property is owned by William Brilhante.
RELEVANT BACKGROUND INFORMATION
2. October 28, 1987: Effective date of Ordinance No. 87-110, which rezoned the subject
property from RS-10 to ML-20. The applicant at that time proposed to construct a
4,500 square foot warehouse building on the subject property. (See Exhibit A
Change of Zone Ordinance No. 87-110)
3. September 6, 1989: Letter from Planning Director granting initial one-year
administrative extension of time for Condition B (secure final plan approval) until
October 28, 1989.
REQUEST
4. Request: The applicant is requesting an amendment to Condition B for two years to
secure Final Plan Approval. According to the Condition B and with an administrative
extension of time, Final Plan Approval should have been secured by October 28, 1989.
The applicant has explained that the original proposed tenant found and leased a smaller
building. Over the years, they were not able to build a structure that would have been
affordable. The applicant is in the final stages of completing a warehouse building on
another lot at the corner of Hualani and Kanoelehua Avenue. More recently, they have
received interest in a new building. As a result the applicant is working towards
building on this site.
. 5. Supportive Information: In support of the request, the applicant submitted the
following letters. (See Exhibit B -Letters dated Apri127, 2001 and May 18, 2001
from William V. Erilhante)
STATE AND COUNTY PLANS
6. State Land Use District: Urban.
7. General Plan LUPAG Map: The LUPAG Map designates the area for Industrial uses.
The area west of the subject property along Kalanikoa Street was previously Industrial,
however, redesignated Low Density Urban in 1992. The revised General Plan
undergoing review, proposes that lots with frontage along Kalanikoa and Laukapu
Streets between Hualani and Lanikaula Street be redesignated from Low Density Urban
to Industrial.
8. County Zoning: Limited Industrial (ML- a).
9. Special Management Area: The subject property is not situated within the Special
Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
10. Subject Property: The subject property is located on Kanoelehua Avenue between
Leilani and Lanikaula Streets. It is an approximately 21,050 square foot property that
is rectangular in shape and relatively level. There was a single family dwelling which
was demolished. Presently, there are cars being parked on the lot.
11. ALISII: Urban development.
12. FIRM: Zone "X", or area determined to be outside the 500-year flood plain.
13. Surrounding Zoning and Land Uses: Adjacent properties to the north (makai) are
zoned ML-20 and include Magoo's Auto Parts, Hawaii Printing Corporation and
Stationer's Corporation. West and to the rear are residential uses on lands zoned
RS-10. There are some existing trees and hedges that form a natural buffer to the rear
of the property. The adjacent property to the south (mauka) is zoned RS-10 with single
family dwelling. Adjacent to that dwelling and approximately 100 feet south (mauka) is
a property recently rezoned from RS-10 to MCX-20 and vacant. On the corner of
Lanikaula Street and Kanoelehua Avenue is the building where Harmony Music Studio
-2-
_ _
and Osaka Restaurant are located on ML-20 zoned lands. Across Kanoelehua Avenue
to the east are lands zoned MG-la.
14. Industrial Rezonings in the Vicinity: Along Kanoelehua Avenue the following
rezonings have been approved in the immediate vicinity:
A. TMK: 2-2-37:134, Ordinance No. 732 (REZ 401) effective 11/4/81 from
RS-10 to ML-20 to Hiromu Yamanaka Realty, presently the site of
Harmony Music Studio and Restaurant Osaka.
B. TMK: 2-2-37: 48: Ordinance 397 (REZ 312) to Hawaii Petroleum
Distribution from RS-10 to ML-20, presently the site of a Service Station
and mini-mart.
C. TMK: 2-2-37:29: Ordinance No. 98-98 (REZ 898) effective 10/2/98
from RS-10 to MCX-20 to Seawind Holding, Inc. in order to construct a
7,968 square foot building with mixed uses (convenience store,
restaurant/retail). No development to date.
D. TMK: 2-2-35:47: Ordinance No. 97- 93 (REZ 862) effective 7/3/97
from RS-10 to ML-20 for Gerald Kodama, to develop Harper Car and
Truck Rentals of Hawaii. No development on property to date.
E. TMK: 2-2-35:91: Ordinance No. 97-147 (REZ 873) effective 12/11/97
from RS-10 to MCX-20 to William V. Brilhante. It is presently
undergoing construction for a paint store.
F. TMK: 2-2-35: 59 & 101: Ordinance No. 98-80 (REZ 893) from RS-10
to ML-10 effective 8/2/98 to Bruce Hanson, to develop a contracting
business. There is a dwelling and small warehouse on the subject
properties.
PUBLIC FACILITIES AND SERVICES
15. Access: Access to the property is from Kanoelehua Avenue, a State Highway. The
lanes fronting the subject property are one way and southbound.
16. Water: Water is available to the property.
17. Public Services: The subject property is within the City of Hilo limits and in close
-3-
proximity to police, fire protection and emergency medical services. Fire and
emergency services are provided by the Waiakea Fire Station which is located
approximately 2.5 miles to the east of the subject property. Electricity and telephone are
available to the subject property.
18. All other essential utilities and services are or will be made available to the property.
AGENCIES' COMMENTS
19. Department of Water Supply (May 22, 2001 Memo):
"The subject property currently does not have water service with the Department,
however, a 5/8-inch meter may be installed if the applicant wishes to do so. Should an
additional service or a larger meter be desired, then the water availability will be
subject to the prevailing situation and policies.
"Should there be any questions, please contact our Water Resources and Planning
Branch at 961-8070."
20. Police Department (May 14, 2001 Memo):
"Staff has reviewed the above-referenced application and has no comments or
objections to offer at this time."
21. Fire Department (May 14, 2000 Memo):
"We have no comments regarding the above-referenced Change of Zone Ordinance. "
22. Real Property Tax Office (iV1ay 16, 2001 Memo):
"There are no comments at this time."
"Current Real Property taxes are paid through June 30, 2001. "
23. State Department of Transportation-Ilonolulu (June 5, 2001):
"Thank you for your transmittal of May 11, 2001, requesting our comments regarding
the above request.
"We have no objections to the applicant's request for a time extension (Condition "B"
of Ordinance No. 87-110).
AGENCIES ®NO RESPONSE
26. State Department of health and Department of Transportation-Milo and
Department of Public Works.
-4-
PLT1gLIC C011~I1l~IENTS
27. The Department has not received any written objections or comments from the public
or adjacent landowners on the subject request.
-5-
-
COUNTY O~ ~-I~W~:II,~~'ATE O~ ~WAII
~
~I~~ N0. 412
(Draft ;
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL (RS-l0) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-37:27.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follows:
The district classification of the following area
situated at Waiakea, South Hilo, Hawaii, shall be Limited
Industrial (ML-20):
Beginning at a point at the Southeast corner of this
parcel of land, and on the West side of Kanoelehua Avenue,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "Halai" being
3043.00 feet South and 11062.50 feet East, and running by
azimuths measured clockwise from True South:
1. 90° 00' 210.50 feet along Lot i0,
Block 38, Waiakea House
Lots;
2. 180° 00' 100.00 feet along Lot 7,
Block 38, Waiakea House
Lots;
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LA/TN
(E) any activity conducted on the property shall not constitute
a nuisance to the surrounding properties. Should any activity
be determined to be a nuisance to the surrounding properties,
the Planning Director may impose additional mitigating measures
in order to eliminate the nuisance; (F) there shall be only one
access from Kanoelehua Avenue meeting with the approval of the
State Department of Transportation, Highways Division; (G) a
drainage system meeting with the requirements of the Department
of Public Works shall be installed; and (H) all other
applicable rules, regulations and requirements shall be
complied with.
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 owners, and that
are not the result of their fault or negligence; 2) granting of
the time extension would not pe contrary to the General Plan or
Zoning Code; 3) granting of the time extension would not be
contrary to the original reasons for the granting of the change
of zone; 4) the time extension granted shall be for a period
not to exceed the period originally granted for performance
(i.e., a condition to be performed within one year may be
extended for up to one additional year); and 5) if the
applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
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.
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WILLIAM V. B12ILHANTE
1342 Kilauea Avenue ~ ,
q,(?11i_ 1f,.
Hilo HI 96720 "
(808) 935-1121 ~ ~pR ~ 2~°
April 27, 2001 (V kl~ v
Mr. Christopher Yuen OF HAI~AU .ti
Plannin Director - ~
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County of Hawaii yc S~qG~~
25 Aupuni Street
Hilo Hi 96720
12e: TMK:3/2-2-37-27
Kanoelehua Avenue
Ordinance no: 87110/File no: 568
Dear Mr. Yuen:
We are hereby requesting an amendment to the time extension on Condition B for an
additional 24 months to obtain the final plan approval for the above referenced project on
Kanoelehua Avenue.
At the time we began this project, we had a proposed tenant and we were undergoing plans
to develop this property. However as the economy slowed, the proposed tenant found and leased
a smaller building instead. Over the years we have been approached by prospective tenants to
build, however due to the slow economy and high interest rates, we were unable to build
something that would be affordable.
Mr. Yuen, we previously had rezoned two other lots and we have completed the present
"BISAC"building at 1420 Kilauea Ave. and we are in the final stages of completion on a
warehouse building on the corner of Hualani and Kanoelehua Avenue. We were able to put up this
building in a timely manner and most importantly, the economy and favorable interest rates have
helped to make this property affordable. We have since received a lot of interest from this new
building. As such, we would like to request this time extension to allow us to finalize plans which
we had started awhile ago to complete our goals.
It is our sincere desire to be a part of a better economy and to provide jobs and revenue to
our island. We are not requesting this extension just for the sake of keeping this ordinance active.
We are actively working toward trying to complete another building, however our hands are tied as
we cannot submit plans for approval unless a time extension is granted. I can assure you that with
the favorable financing available to us, we will make every effort to get the plans finalized and
expedited for completion as soon as we possibly can. We humbly ask for the Planning
Department's favorable consideration of this time extension so that we can continue to be a part of
enhancing our local economy.
Thank you for your time and consideration. Please feel free to call me should you have any
questions. Thank you.
Sincerely,
~
William V. Brilhante
~~I1
WILLIAM V. BRILHANTE
1342 Kilauea Avenue `
Hilo HI 96720 ? ;
(808) 935-1121 r ` '
,
May 18, 2001 `
Mr. Christopher Yuen
Planning Director
County of Hawaii
25 Aupuni Street
Hilo Hi 96720
Re: TMK:3/2-2-37-27
Kanoelehua Avenue
®rdinance no: 87110/File no: 568
Dear Mr. Yuen:
My original plans to build a warehouse building of approximately 4500 - 5000 square feet
remain the same.
Thank you for your time and consideration. Please feel free to call me should you have any
questions. Thank you.
Sincerely,
,r
j
William V. Brilhante
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