HomeMy WebLinkAboutCOM 0677.000 2000-2002 Jd<Y~®~ ~`46y
I€arry Kim ' Dixie Kaetsu
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Mayor ' Managing Director
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~:•a~ ksts'.; P~Jker T. Young
grt'oii'ieP•~ Deputy Managing Director
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25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite l03 • Kailua-Kona, Hawaii 96740
(808)329-5226 • Fax (808)326-5663
June 6, 2002
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:
State Land Use Boundary Amendment Application (SLU 02-001)
Request: Agricultural to Urban
Change of Zone Application (REZ 02-003)
Request: Agricultural (A-Sa) to Single Family Residential (RS-15)
Applicant: Bart T. Cahoon Trust
Tax Map Key: 7-3-5:97
State Land Use Boundary Amendment Application (SLU 02-004)
Request: Agricultural to Urban
Change of Zone Application (REZ 02-006)
Request: Agricultural (A-Sa) to Single Family Residential (RS-20)
Applicant: Gomes Family Limited Partnership
Tax Map Key: 7-5-10:Portion of 65
State Land Use Boundary Amendment Application (SLU 02-003)
Request: Agriculture to Urban
Change of Zone Application (REZ 02-005)
Request: Agriculture (A-1 a) to Multiple-Family Residential (RM-4)
Applicant: U of N Bencorp
Tax Map Key: 7-5-17:portion of 7
Change of Zone Application (REZ 02-007)
Applicant: Yoshiko & Sasan Bakhtiary
Request: A-Sato FA-2a
Tax Map Key: 7-7-7:46
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Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
June 6, 2002
t'1<arge:t~f Zo;o C?rclinti~nce Ne: ~4-~6-(REZ 762)
Appl.ican: T~?i~a~? ssociate~, ~la~v~i~ Srited Partnership
Re~ucsts° . > to ~ on~.:tan'"C" ,Complete-Construction)
And ~mn.> : t f>~:~ ~ ,°D" (~~oad lmprovenents)
`Tax;'~l~ap Key: ~-4-24.22
Change of Zone Application (REZ O 1-020)
Applicant: Toisan Associates, a Hawaii Limited Partnership
Request: Agricultural (A-Sa) to Neighborhood Commercial (CN-10)
Tax Map Key:. 6-4-24:23
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County
Council's consideration and action are the Planning Commission's letters and enclosures regarding the
above-referenced requests.
Sincerely,
Harry Kim
Mayor
1050302may
Enclosures
cc: Planning Department
J~~V OF y~~
Harry Kim J.'•~ ~
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Mayor I .
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P~,AN1eTING COll~IA~ISSION
l Ol Pauahi Street, Suite 3 • Hilo, Hawaii 96720
(808)961-8288 • Fax (808)961-8742
Jl1N t9 ? /ili:it
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. 94-56 (REZ 762)
Applicant: Toisan Associates, a Hawaii Limited Partnership
Requests: Extension of Time to Condition "C" (Complete Construction)
And Amendment to Condition "D" (Road Improvements)
Tax Ma„p Key: 6-4-24:22
The Planning Commission, after a duly held public hearing on May 3, 2002, voted to recommend
for your approval the proposed legislative bill to amend Condition C (complete construction),
Condition D (road improvement), and parcel metes and bounds description of Change of Zone
Ordinance No. 94 56, which reclassified lands from Agricultural (A-Sa) to Neighborhood
Commercial (CN-10) for approximately 26,732 square feet of land. The property is the site of
the existing Fukushima Store located on the south side (makai) of Mamalahoa Highway,
Puukapu Homesteads, Waimea, South Kohala, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant is requesting that the metes and bounds description of the subject
parcel as described in Ordinance 94-56 be corrected to conform to the survey by Wes
Thomas Associates, dated January 30, 2002.
The Planning Director is recommending that the metes and bounds description of
Tax Map Key: 6-4-24:22 in Ordinance No. 94-56 be so amended.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
The applicant is also requesting to delete or revise Condition C of Ordinance No.
94-56 which reads: "construction of the new proposed development shall be completed
within five years from the effective date of this Ordinance." Ordinance No. 94-56
became effective March 14, 1994 and changed the district classification of the subject
property from A-Sato CN-10. The applicant requested the original change of zone in
order to construct a new commercial building in place of the Fukushima Store which sits
on the subject property. The plan at that time was to demolish the old building. The
applicant's objectives have changed, and instead of demolishing the old building, would
like to preserve the existing structure without alterations. This preservation plan is part of
a larger plan that includes rezoning the adjacent vacant property (TMK:6-4-24:23) and
consolidating that parcel with the subject parcel (TMK:6-4-24:22). Once consolidated,
the plan is to develop both parcels in a unified manner with the new construction
concentrated on the adjacent, vacant parcel. No construction activity has taken place on
the subject property since the rezoning approval in 1994.
Since the applicant no longer plans to construct new development on the subject
property, the requirements of Condition C of Change of Zone Ordinance No. 94-56 no
longer apply. The applicant is requesting that Condition C be deleted or revised to a
"current time frame."
The General Plan Land Use Pattern Allocation Guide (LUPAG) Map shows the
subject property in the transition area between Medium Density Urban and Low Density
Urban designations. Both designations allow for Neighborhood Commercial (CN)
zoning and permitted uses. It continues to be in the State Urban District.
The County Zoning Code has been revised since this rezoning was approved;
however, all applicable requirements such as setback, height, signage and landscaping
will need to be complied with. Since rezoning, the County has adopted Rule 17
pertaining to landscaping requirements which will be applied in the Plan Approval
process for any new development on the subject property. Finally, agencies reviewing
the request had no comments or objections to amending Condition C.
Rather than amending Condition C, the Planning Director is recommending that
Condition C be deleted in light of the applicant's change of plans to not further develop
the subject property with additional commercial structures.
The applicant is also requesting to revise or delete Condition D of Ordinance
94-56 which reads: "the applicant shall provide street lighting, and curb, gutter and
sidewalk improvements along the Mamalahoa Highway frontage meeting the approval of
the Department of Public UVorks and shall dedicate the road widening strip and
improvements to the County prior to issuance of a certificate of occupancy for any new
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
development on this property." No new development is planned on the subject property,
according to the applicant's current submittal. Retaining the Fukushima Store building
and historic facade is in keeping with the Waimea Design Plan's recommendations and
guidelines for preserving the area's unique ranch character. Condition D, as written,
allows continuation of current uses of the Fukushima Store building with road
improvement requirements triggered if and when new commercial structures are proposed
for the subject property, that would require the demolition of the old Fukushima Store.
The Department of Public Works continues to recommend street lighting, curb,
gutter, sidewalk and street widening requirements for commercial properties fronting
major County Roads. These improvements would be required should new development
occur on the subject property, as Condition D presently reads.
Comments were received from the Waimea Community Association supporting
the applicant's request. The Department of Water Supply indicated that water-use
calculations and backflow preventers will be required for the subject property as well as a
new consolidated property, should that occur. Conditions of approval within the existing
change of zone ordinance will ensure compliance with the requirements of the
Department of Water Supply. All other agencies either had no objections or comments.
Rather than deleting Condition D, the Planning Director recommends that
Condition D be retained, as written. It allows the applicant to preserve Fukushima Store
in its present location while ensuring that road improvements occur if and when new
development occurs.
The recommended amendments will not compromise the original reasons for
granting the change of zone from Agricultural to Neighborhood Commercial that was
done in 1994. The property is still being used commercially, and the amendments
provide the applicant with flexibility in development of the property.
It is recommended that the County Council amend the metes and bounds
description of Tax Map Key: 6-4-24:22, delete Condition C and retain Condition D of
Ordinance No. 94-56.
The accompanying draft bill amending Ordinance No. 94-56 (and re-alphabetized accordingly) is
provided for your favorable consideration.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
We are enclosing a copy of the staff background for your information.
Sincerely,
.
Geraldine M. Giffin, Chairman
Planning Commission
Ltoi sanrez762amen d02pc
Enclosures
cc: Toisan Associates
Mr. Aza Summers
Department of Public Works
Department of Water Supply
Planning Department -Kona
Brian Minaai, Director/DOT-Highways, Honolulu
Btoi sanrez762 amenddlc-04/ 16/02
COUNT' OF IIAV6/AII PLANNING DEPARTMENT
DACI~GROUNII REPORT
TOISAN ASSOCIATES, A IIA~VAII LIMITED PARTNERSIIIP
AMENDMENT OF TIIE PARCEL METES AND ROUNDS DESCRIPTION,
EXTENSION OF TIME TO CONDITION C (COMPLETE CONSTRUCTION), AND
DELETION OF CONDITION D (ROAD IMPROVEMENTS)
CIIANGE OF ZONE ORDINANCE N0.94-56 (REZ 762)
Toisan Associates has submitted a request to amend the parcel's metes and bounds
description, extend the deadline for required construction of the new proposed development
(Condition C) and to revise or delete street lighting, curb, gutter and sidewalk improvement
requirements along Mamalahoa Highway frontage (Condition D) in Change of Zone Ordinance
No. 94-56, which changed the district classification of approximately 26,732 square feet from
Agricultural-5 acre (A-Sa) to Neighborhood Commercial-10,000 square-foot (CN-10). The
property is located on the south (towards Mauna Kea) side of Mamalahoa Highway,
approximately 2,500 feet (towards Honoka'a) from its intersection with Kamamalu Street,
Pu'ukapu Homesteads, Waimea, South Kohala, Hawaii TMK: 6-4-24:22.
GENERAL INFORMATION
Ovvnersiaip: Toisan Associates, A Hawaii Limited Partnership.
RELEVANT DACI~GROUND INFORMATION
1. March 14, 1994: Effective date of Ordinance No. 94-56, which rezoned the subject
property from A-Sato CN-10. The applicant at that time proposed to rebuild instead of
attempting to remodel the P"ukushima Store situated on the property. No plans were
submitted at that time for proposed improvements. Condition C of the Ordinance
required that construction of the new proposed development be completed within five
years from the Ordinance's effective date. No administrative extension of time for
Condition C has been granted. See Exiaibit A -Change of Zone Ordinance No. 94-56.
2. Condition D of Ordinance No. 94-56 heads: "the applicant shall provide street lighting
and curb, gutter and sidewalk improvements along the Mamalahoa Highway frontage
meeting the approval of the Department of Public Works and shall dedicate the road
widening strip and improvements to the County prior to issuance of a certificate of
occupancy for any new development on this property;"
~
. F-
CUIt~ENT >~~UEST
3. Iaequest: The applicant is requesting a correction of the metes and bounds description of
the subject Parce122 as it appears in Ordinance No. 94-56. The error was discovered in
the process of surveying the adjacent Parce123 which is the subject of a concurrent
rezoning request by the applicant (Toisan Associates: REZ 01-020).
The applicant is also requesting an extension of time in which to satisfy Condition C of
Ordinance No. 94-56. Conditions and development objectives have changed since the
initial rezoning. Instead of demolishing the Fukushima Store and building a new
commercial building, the applicant wishes to retain the building without alterations while
consolidating the subject parcel with the adjacent parcel 23 (TMK: 6-4-24:23). New
buildings are planned on the adjacent Parce123. Because the plans are no longer to build
new commercial buildings on the subject Parcel 22, the applicant is requesting that
Condition D be revised or deleted to remove requirements for curb, gutter and sidewalk
improvements and to revise the requirements to be more in keeping with the village
character of community surroundings.
4. Objectives: The applicant's objectives are to retain the existing Fukushima Store
without alterations and to preserve the historic facade of the store by not imposing urban
improvements that would be out of character for the village design of Waimea. The
applicant is concurrently requesting rezoning of the adjacent Parce123 and plans to
consolidate the subject Parce122 with Parce123 into one Tax Map Key number (TMK) in
order to develop the entire property in a unified manner. Any new improvements for the
consolidated parcel would comply with County requirements and new structures would
have a "Waimea historic character design," similar to that of the Fukushima Store which
was first built sometime in the 1940s-SOs as a store and residence.
5. Plans Sulbmitted: No additions or alterations are planned to the Fukushima Store. A
small apartment for amaintenance/security person will be housed in the Fukushima Store
building as part of the overall plan of developing a consolidated parcel. Proposed new
buildings will be located entirely on the adjacent Parcel 23, after it is rezoned and
consolidated with the subject property. Existing informal parking fronting the main
-2-
highway in front of the store will be eliminated when the consolidated property is
developed. All parking will be in the rear of the consolidated parcel. All parking and
routes will be ADA accessible.
6. Supportive Information: The applicant has submitted a background and environmental
report in support of the request. See Exhibit B -Request for Revisions to Ordinance 94-
56.
S~'ATE AND COUNTY PLANS
7. State Land Use District: The subject property is located within the State Urban District
which ends approximately 300 feet east (towards Honoka'a) of the subject parcel.
8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The subject
property is in the transition area between Medium Density Urban and Low Density Urban
designations. Both designations allow for Neighborhood Commercial (CN) zoning and
its permitted uses.
9. County Zoning: Neighborhood Commercial - 10,000 square-foot (CN-10).
10. Waimea Design Plan: Adopted by County Council Resolution on October 1, 1986, the
Plan's intent is "to identify and recognize the unique rural character of Waimea" through
recommendations and guidelines for Waimea's development. The Plan states, "The
construction of roads to rural standards-without curbs, gutters and sidewalks, is a major
aspect of the ranch character of Waimea. Consequently, where there is a clear need for
such elements in all but the central commercial areas, their design could incorporate rural
appearance; for example, rolled curbs without sidewalks (p.25)." The Plan also
recognizes the need "to consolidate commercial growth around the emerging town
center" and "to preserve and enhance the form and function of Waimea's commercial
areas." The Land Use Concept Map within the Plan depicts the commercial boundary
terminating across the Highway, approximately three parcels to the west of the subject
property.
11. Special Management Area: The subject property is not situated within the Special
Management Area.
-3-
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
12. Subject Property: The 26,732 square-foot property is rectangular shaped with
approximately 100-foot frontage on Mamalahoa Highway. The Fukushima Store, built
sometime in the 1940s-SOs as a store and residence, is a nonconforming structure existing
on the property. Informal parking occurs just off the main highway in the front of the
store. There is also parking in the rear.
13. Surrounding Zoning and Land Uses: The subject property is the first commercial use
leading into Waimea town from the east (Honoka'a direction). The applicant is currently
requesting rezoning of adjacent Parce123 (REZ 01-020) which is zoned A-Sa and west of
the subject parcel. Adjacent properties to the east on both sides of the main highway are
zoned A-Sa and RS-15. Across the highway approximately 200 feet to the west are an
okazuya take-out and audio supply store on TMK:6-4-6:8. See Exhibit C -Surrounding
Zoning & Land Uses.
14. Agricultural Lands of Importance to the State of Hawaii (ALISH) SysteYn: The
subject property is located within lands unclassified by ALISH.
15. FIRM: Portions of the property are in Zone "AE" (base flood elevations determined) in
a 100 year flood as designated by the Flood Insurance Rate Map (FIRM) dated May 16,
1994.
PUBLIC FACILITIES AND SERVICES
16. Roads: Access to the property is directly off of Mamalahoa Highway which is a County
road right-of--way 60 feet wide with an approximately 20-foot wide pavement.
Mamalahoa Highway is an arterial intended to become an 80-foot right-of--way. Informal
parking occurs in the front of the Fukushima Store building.
17. Water: Water is available to the property through a 5/8 inch water meter.
18. Other Utilities/Services: Available.
AGENCIES' COMMENTS
19. Departanent of Water Supply:
See Exhibit D- memo of December 31, 2001.
-4-
20. Department of Public Works (Memo dated December 20, 2001):
"Condition C: We have no objection to a time extension.
Condition D: We generally recommend curb, gutter and sidewalk installation along the
County road frontage of all properties rezoned for commercial use.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 327-3530."
21. Real Property Tax Office (Memo dated December 4, 2001):
"There are no comments at this time."
"Current. Real Property taxes are paid through December 31, 2001."
22. Ilawaii Ilistoric Preservation Division: See Exhibit E -memo of December 3. 2001.
23. V6~aimea Community Association: See Exhibit F - letter of August 24, 2001.
AGENCIES WITII NO COMMENTS Oit CONCERNS
24. Department of Transportation, Office of Environmental Management, Police Department,
and Fire Department.
AGENCIES NO laESPONSE
25. State Department of Health, Natural Resources Conservation Service, South Kohala
Traffic Safety Committee, and Department of Agriculture.
PUDLIC COMMENTS
26. The Department has not received any written objections or comments from the public or
adjacent landowners on the subject request.
-5-
co~N~~ ® ~w~~l o~ ~~w~rr
~3II.Ia NO. ~ 3 0
ORI)IN~NC~ NO.
AN ORDINANCE AMENDING SECTION 25-95-E (LALAMILO-PUUKAPU ZONE
MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-5a) TO NEIGHBORHOOD COMMERCIAL (CN-10) AT
PWKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 6-4-24:22.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95-E, 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 Puukapu, Waimea, South Kohala, Hawaii, shall
be Neighborhood Commercial (CN-10):
Beginning at a pipe at the North East corner of this
parcel of land, at the North West corner of Lot 15 of
Puukapu Homesteads - 2nd Series and on the Southerly side
of Mamalahoa Highway, the coordinates of said point of
beginning referred to Government Triangulation Station
"WEST BASE" being 25.31 feet North and 3,016.47 feet East
and running by azimuths measured clockwise from true South:
1. 329° 05' 30" 238.18 feet along Lot 15 of
Puukapu Homesteads to Lot
1-A of Land Court
Application No. 1252 and a
(found) pipe;
2. 53° 12' 30" 105.86 feet along Lot 1-A of Ld.
Ct. App. No. 1252 to a
(found) pipe;
3. 149° 07' 30" 269.92 feet along the remainder
of band Patent Grant
No. 4268 to 2. Paakiki to
the Southerly side of
Mamalahoa Highway and a
(found) railroad spike;
4. 250° 19' 30" 107.20 feet along the Southerly
side of Mamalahoa Highway
to the point of beginning
and containing 26,732
square feet, more or less.
All as shown on the map attached hereto, marked
Ezhibit "A" and by reference made a part hereof.
SECTION 2. This change in district classification is
conditioned upon the following: (A) the applicant, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) Final Plan Approval,
pursuant to Section 25-242 of the Zoning Code, shall be secured
from the Planning Director for any new development on the
property including the remodeling of existing improvements.
Plans shall indicate existing and proposed structures, parking,
driveway circulation, landscaping, and a 10-foot wide road
widening strip along the property's Mamalahoa Highway
frontage. Structures shall be sited and landscaping provided
for the purpose of mitigating noise and visual impacts to
adjacent properties and from Mamalahoa Highway;
(C) construction of the new proposed development shall be
completed within five years from the effective date o~ this
Ordinance; (D) the applicant shall provide street lighting and
curb, gutter and sidewalk improvements along the Mamalahoa
Highway frontage meeting the approval of the Department of
Public Works and shall dedicate the road widening strip and
-2-
improvements to the County prior to issuance of a certificate
of occupancy for any new development on this property;
(E) drainage system improvements for any new development, if
required, shall be constructed in a manner meeting with the
approval of the Department of Public Works. In addition, as
portions of the subject property are within the Flood done "AF"
with floodways, all new construction on the subject parcel
shall meet with the requirements of the Department of Public
Works; (F) water demand calculations shall be submitted to the
Department of Water Supply for review and approval, prior to
the issuance of Final Plan Approval for the new proposed
development; (G) the applicant shall utilize design and
landscaping guidelines of the Waimea Design Plan and
recommendations from the Waimea Community Association for any
new development; (H) the applicant shall comply with all other
applicable laws, rules, regulations and requirements of the
affected agencies, including those of the Department of Health,
Fire Department, Public Works and Department of Water Supply;
(I) should any unidentified sites or remains, such as lava
tubes, artifacts, shell, bone or charcoal deposits, human
burials, rock or coral alignments, pavings or wall be
encountered, work in the affected area shall cease and the
Planning Department immediately notified. Subsequent work
shall proceed upon an archaeological clearance from the
Planning Department when it finds that sufficient mitigative
measures have been taken; (J) should the Council adopt a
Unified ImpactsFees Ordinance setting forth criteria for
s3_
imposition of exactions or the assessment of impact fees,
conditions included herein shall be credited towards the
requirements of the Unified Impact Fees Ordinance; (K) upon
securing final plan approval for the new development, a status
report shall be submitted to the Planning Director.
Subsequently, an annual report shall be submitted prior to the
anniversary date of the effective date of the change of gone
and shall address the status of the development and the
compliance with the conditions of approval. 'This condition
shall remain in effect until all of the conditions of approval
have been complied and the Planning Director acknowledges that
further reports are not required; and (L) an 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 the
honing 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 addition year); and 5) if the applicant
should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County
-4-
.
Council for appropriate action. Further, should any of the
conditions not be met or substantially complied with in a
timely fashion, the Director shall initiate rezoning of the
area to its original or more appropriate designation.
SECTION 3. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
r
COUNCIL MEMBE COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: April 27, 1994
Date of 1st Reading: April 27, 1994
Date of 2nd Reading: May 11, 1994
Effective Date: May 18, 1994
APPROVED AS TO FORM AND LEGALITY:
c~C~-~-~- K . ~ 1--~
;.`~f';.i_'+Y CORPORATION COUNSEL
MAR i ~
DATED:
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OFFICE OF THE COUNTY CLERK
County of Hawaii r , ~ _
Hi 10 ,Hawaii
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ROLL CALL VOTE
Introduced By: Takashi DOm1nQ0
Date Introduced: A,~ri 1 2 7 , 19 9 4 APES NOES qBS >~X
First Reading. Agri 1 2 7, 19 9 4 ARAxAIQ
Published: BoxK-ABRAMSOx
CFIILDS
REI~ARIt.S: DE LIMA
DOMIxGO
HALE
RA'I°Fi
ROSEFIILL
SCFYLTI°I°E
Sec®nd Reading: May 11 , 19 94 ROLL CALL VO°I'E
To Mayor: M ay 12 , 19 9 4
Returned: 1~Ia~18 , 19 9 4 AYES N®ES ABg I~
Effective: M ~ ~ 1919 4 ARaxalo X
Published: ~ ~ 5 . 19 9 4 Bolvrx-ASRAMSOx X
CIiYLDS
~iJE1b1ARiK.S: DE LIMA
DOMINGO
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ROSE)FIILL X
sC~ICrI°rE X
I1~0 HEREBY CER?7FI'that the foregoing BILL was adopted by the Countp Council and published as
indicated above.
e4PFROVEL~ as to
FORAA e4LIT1(
COUNCIL
CORPORATION COUNSEL
COUNTY OF HAWAII
Date SAY 1 ? 399
co NI'Y
Appr ed/I~is this., ~ day
of , 19
®R, CO OF HAWAII Rill No.: ~ ~ n
Reference: Calnlrt 953/~C-106
~~~qu~~~ f~lr ~errisi~ns t~ ~r°din~nc~
Applicant:
~®IS~17 ASS®Cl~t~~~ ~ ~~V10~11 ~Ir1°il'~~~ ~~1`~i°1~1`~~11ri
Po Box 177
Kamuela, Hawaii, 96743
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PO Box 445, Kamuela, Hawaii 96743 aza~~si~c~ka.com 303.~~5-1360 ~tte~r.fl~x.s~m
October 30, 2001
Mr. Chris Yuen
Planning Director
County of Hawaii
25 Aupuni St.
Hilo, Hawaii 96720
Subject: ~equ~t t® r~viise ~®nd°eta®n~ resg~eir~cl ®t'i$iitla~~~
°Tl~9K: ~-~-~4:~~
Dear Mr. Yuen:
Fukushima Store is the fret commercial property on the Hilo side of Waimea. and is the
subject property.
phis request is in combination with a separate request to rezone adjacent vacant
property on the Waimea side ('I~NNIiC 6-4-2:23) with the goal to consolidate the two
properties.
Conditions and development objectives have changed since the rezoning; instead of
demolishing Fukushima store and building a new commercial building, it is now desired
to preserve the existing Fukushima store without alterations and to create new buildings
with a similar "Waimea historic character" design.
Ordinance 94-56 Condition (C) required construction of the proposed project within five
years; this deadline is past. Condition (D) requiring street lighting and curbs, gutters
and sidewalks has not been complied with; no demolition occurred nor was new
construction initiated.
3`his request is to delete or revise condition (C) to a current time frame, and also to
delete or revise condition (D) to delete requirements for curb, gutter and sidewalk and
adopt requirements that are in keeping with the village nature of the community
surroundings.
Sincerely,
Aza Summers
Agent for Toisan Associates
~c~~r~ul~~ ~C~u~ty nvir®t°irn~rtt~l ~t~~t
_ ~u~~~T m ~evis~ ~®nd~ti®ns (c) and ®f
~rd'anance
1. ®etails ~f IPr~~®sed flee and Newel®pment:
a. Il~r®ject ~escripti®n:
The Subject Parcel is the Fukushima Store parcel (TMK 6-
4-24:22) rezoned to CN-10 by Ordinance 94-56.
See exhibit 1
la. ~~a~e~ent ®f ~lbjectiwes and €~eas®ns f®r fl~~ bequest:
The objective of this request is to allow the property to
remain consistent with the village character of Waimea
and not to impose urban improvements that would
destroy the fagade of Fukushima Store.
At the time of the rezoning, in 1994, the development
plan goals were to demolish the Fukushima store building
and construct a new commercial building. The
requirements for street lighting, curb gutter and sidewalk
were typically imposed at that time for new commercial
development.
Conditions have changed in the interim and the
development goals at the current time are to retain the
existing Fukushima Store without alterations while
consolodating the subject parcel with the adjacent parcel
(TMK 6-4-24:23) and developing the property in a unified
manner.
New driveway access and parking for the consolidated
parcel and all related businesses shall be provided per
County requirements.
c. llmlu~ber ®f acres/square feet:
The subject property consists of 26,732 SF.
See exhibit 2
IF9~®r areas ®f pr®p®secl builtii~~s
No additions or alterations are contemplated to the
Fukushima Store or the subject property. Proposed
buildings will be located entirely on the adjacent property
after consolidation of the two parcels.
Par@~in~ arra~gerr~er~t:
Parking for the Fukushima Store and the new
development will be provided in the rear of the
consolidated parcel sufficient to meet or exceed County
requirements. All parking and routes of travel will be ADA
accessible per code. Existing informal parallel parking
along Malamalama Highway in front of Fukushima Store
will be eliminated when the consolidated property is
developed.
f. tether ~elateci I~f®rrnation:
A recent project by Parker Ranch ~ Ordinance 99-~4
(TMK:6-4-1:~2) located across Mamalahoa Highway and
approximately 700 ft. towards Waimea from the subject
property was permitted without requirement of curbs,
gutters and sidewalks.
Fukushima Store represents the eastern limit of
commercial zoning in the Waimea area. There is little
need for a sidewalk past the subject property since there
will be no future Commercial property on the Hilo side.
~(~69i1F~1~~.6V~ ~i~~l°B ~'T~'1°`~/C~UE~Tl~ I~~A~~
Mate ILa~tti Use ~esignati®n:
The subject property is located within the State Land Use (SLU)
Urban IDistri~t.
Aiap9icabl!e ~~als/p®licies and objectives ~f the C~er~er~l
flan:
The requested revisions would be consistent with the General
Plan as follows:
~ancl use ~oe~,~nt
• The County shall encourage the development and
maintenance of communities meeting the needs of its
residents in balance with the physical and social
environment.
~®~~erciia! ~ev~l®~Srnent element
• Provide commercial developments that complement the
overall pattern of transportation and land usage within the
island's regions, communities and neighborhoods.
• 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 in the review of such
developments.
~c®n®mao ~ilernent
• f=conomic development and improvement shall be in balance
with the physical and social environments of the island of
Hawaii.
general I~I~n ~esignatfi®n:
The property is designated as "r~edit~m density" on the
General Plan Land Use Pattern Allocation Guide (LUPAG) map.
~®ning:
The zoning designation for the subject property is Neighborhood
Commercial (CN-10).
~®matlunity ®eve9®prnent IPlan:
The document that serves as a planning guide is the Waimea
®esign Plan. This request is consistent with the goals and
policies of the community as represented.
~pe~ial ~ana~ernent Area:
The subject property is not located within the Special
Management Area (SMA). The entire Island of Hawaii is within
the Coastal Zone Management Area (CZMA).
PHI~~IC~I~ C~$ACTERI~7"~~~ ANA ~IV~I~'~~°M~~Ri"~L.
S~~`T'It~~ ~ T~ ~RQIf~lE~7'll' ANA 11R~~~~~
A~~~
Physical Characteristics/Environmental Setting
~~scri~ti®r~ ~f su~,~~ct pr®p~rty, I!®cati®n, cllis~at~,
t®~3®~ra~hy, slope, S®als (irBC~lltBiri~ seze, slhap~, ~~crst~ng
str~ct~ares):
The subject property is site of the Existing Fukushima Store,
approximately 4500 SF size building.
The property is located approximately one mile east of Kamuela
on the south side of Mamalahoa Highway, at about the 53 mile
marker, District of South Kohala, Island, County and State of
Hawaii, more particularly identified as Tax Map Key parcel (3) 6-
4-24: 22.
Climate at the property is generally mild with trade winds from
the East. According to the Department of Water and Land
Development rainfall averages 40 inches annually.
The elevation above sea level is approximately 2800 ft. and the
site is generally level.
Lava ~a~ard ~®ne:
The property is within Lava Hazard Flow done 8 (on a scale of 1
to 9 with 1 being the highest risk) on the U.S. Department of
the Interior Geological Survey map. done 8 areas include the
lower slopes of Mauna Kea and most of this area has not been
affected by lava flows in recorded history.
®istance fr~s~ c®astline:
The subject property is located approximately 8 miles from the
nearest coastline.
• ~1. ~xistita~ ~rai~age assays ®r irnpr®ve~e~ts:
There is a channel shown at the rear of the property on the
FIRM map.
Historic Resources
Existing arch~~ological, cultural or historic sites ®n
Nati®na4 Register or aFiaeooraii ~Legister:
There are no known historical sites of significance on the subject
property according to listings by the State and National Register
of historic Places.
1~. Cultural or Dative (aatheringi Rights:
There are no known valued cultural, historical or native
resources nor has any traditional and customary native
Hawaiian rights been practiced in the area.
IPulblic access:
There is no existing public access to and along the shoreline or
to mountain areas or knowledge of public access being used.
Social-Economical Characteristics:
~ocia! ~ettie~oerot Pattere~ for the area:
The project area is situated in the Puukapu Homesteads area of
Waimea and the general character of the area includes
commercial activity along Mamalahoa Highway, agricultural
farming and pasture use, and single-family residences in a rural
setting.
Surrounding lands:
~6. ILancl Use:
Nearby properties along Mamalahoa Highway are zoned CN
(neighborhood commercial) with a mix of retail uses, and also
125-10 (residential) and A-5a (Agricultural).
17. honing:
Property across Mamalahoa Highway was recently rezoned from
Agricultural (A-Sa) to Neighborhood Commercial (CN-10) and
Single Family (RS-10 and RS-20) TMK 6-4-i:portion of 41.
Ordinance No. 99-148.
T). ~P~lIL.IC I~ACIIm~~iE~ ANA ~~~VIC~S
~ ®esoripti®~ ®f ~cc~ss:
The subject property fronts Mamalahoa s=lighway. There are
currently no pedestrian sidewalks along Malamalama Highway in
this area. Pedestrian sidewalks in Waimea begin in the area of
the County offices and Church how, almost a mile away from
the subject property.
~®CA'i`I~i~ IMAP~ ~I'i°E PL®l` P~AE~
Location map, Site Plan and Plot Plan of the Subject Property
are attached as Exhibits 1 & ~ to this application.
M~TIE~ d~~l® ®tBiV®~ ~~SCRTPT'I~iV ~F ~EI~IE PIEt®PE~T1P
A copy of the legal description attached to this application is
Exhibit 3.
Views of the subject property are attached to this application as
Exhibit
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BEING A PORTION OF
LAND PATENT GRANT No. 4266 TO Z. PAAKIKI
BEING A PORTION OF LOT 13
OF PUUKAPU HOMESTEADS
AT PUUKAPU, WAIMEA, DISTRICT OF SOUTH KOHALA
ISLAND, COUNTY & STATE OF HAWAII, U.S.A.
Beginning at a pipe a.t the North East corner of this parcel of
land, at the North West corner of Lot 15 of Puukapu Homesteads -
2nd Series and on the Southerly side of Mamalahoa Highway, the
coordinates of said point of beginning referred to Government
Triangulation Station "WEST BASL" being 25.31 feet Norte ar:~
3,016.47 feet East and running by azimuths measured clockwise fran
true South:
1. 329° 05' 30" 238.18 feet along Lot 15 of Puukapu Homesteads
to Lot 1-A of Land Court Application No.
1252 and a (found) pipe;
Z. 53° 12' 30" 105.86 feet along Lit 1-A of Ld. Ct. App. No.
1252 to a•(found).pipe;
3. 149° 07` 30" 269.92 feet along the remainder of Land Pztt~nL'
Grant No. 4268 to Z. Pa~kiki tc; th~~
Southerly side of Mamalahoa Highway and
a (found) railroad spike;
4. 250° 19' 30" 107.20 feet along the Southerly side of
Mamalahoa Highway to the point of
beginning and containing 26,732 square
feet, more or less.
H.
~ CASSERA SURVEYS, INC.
~da~~~~E~i~
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Description prepared by:
~~1 ,
P.O. Box 2845 Registered Professional Land
Kamuela, HI 96743 Surveyor Cert. No. 7275
March 22, 1.993 Land Court Cert. No. 243
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~E`P0~~21`lb1~N-f V4lA~~R SlJP1~l...Y ~ COUNT°Y 1°~~eWAll
~°6l ,~oP 345 KEKUANAOA STREET, SUITE 20 HILO, HAWAII.96720
`YaFHAwa?'
TELEPHONE f808) 961-8050 FAX (8081 96.1-8657
December 31, 2001
TO: Mr. Christopher Yuen, Planning Director
Planning Department C ~ _
FROM: Milton D. Pavan, Manager ~ ~
SUB.IECT: CI3ANGE OE ZONE ORDINANCE N0.94-56 (REZ 762)
RE(~UEST: EXTENSION OF TIME TO CONDITION "C" (COIVIPI.,E°I'E
CONSTRUCTION) AND A19~IENDIVIENT TO CONDITION "D" (I20AD . ~ -
IIVIPI20VE1l1ENTS) - ~
APPLICANT: TOISAN ASSOCIATES, A HAWAII LIIVIITED PAI2TNER~}~IIP
TAX 1VIAP I~EY: 6-4-024:022
We have reviewed the subject request for two of the conditions in the Change of Zone Ordinance No. 94-56 and
have the following comments.
Since the applicant now wants to preserve the existing structure on the subject parcel and consolidate it with the
adjacent parcel, Tax Map Key 6-4-024:023 (see Change of Zone Application REZ 01-020), the Department will
require water-use calculations for both parcels.
Should the Change of Zone Application REZ 01-020 not be approved, then condition "F" in the subject
ordinance should be revised to require the applicant to submit water-use calculations for the existing structure.
For the applicant's information, any water meter to this parcel or the future consolidated parcel shall have a
backflow preventer installed. It shall be a reduced pressure type and shall be installed by a licensed contractor on
the applicant's property just after the meter. The installation and assembly of the backflow preventer must be
inspected and approved by the Department before the water meter can be installed. The backflow preventer shall
be operated and- maintained by the customer. A copy of our backflow preventer handout is being forwarded to
the applicant to help them understand this requirement.
Should there be any questions, the applicant may contact our Water Resources and Planning Branch at 961-8070,
extension 1.
Sincerely yours,
ilton D. Pavan, P.E.
Manager ' r
BCM:jkh
copy - (w/enc.) Toisan Associates, a Hawaii Limited Partnership _ , J
Aza Summers
Mr. Michael Watanabe, Water Q~u~ali/ty Assu/rance and Control Branch
VVc~ter bri~2~C~ rHO~c~^e~~...
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$Ed+4.lA1bAiN J. CAYETANO " ' :?b4t.~~' c~LS&&4'r a. COA.o6b9A-A8A6tAN, cpi N
GOVERNOR OF NAwAl4 ~ SOARD Of LAND ARID NATURAL flESOVR::Eg
COWRMiS3SiONOP1 WATER flESOVROE MANAGEMEFdT
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$ $
~o. DEPUTIES
o .`.'s°.~j0`~ JANET E. KAWELO
LINNEL NISMIOKA
~ r,^ STATE OF HAWAII
DE..PARTMENT OF LAND AND NATURAL RESOURCES AQUATIC RESOURCES
, 'I BOATING AND OCEAN RECREATION
HISTORIC NRESEAVATION DIVISION COMMISSION ON WATER RESOURCE
Kakuhihewa 8uildin®, Room 555 MANAGEMENT
L, - ~ - ~ 601 Kamokila Boulevard CONSERVATION AND RESOURCES
Kapolai, Hawaii 96707 ENFORCEMENT
CONVEYANCES
HAWAI' I HISTORIC PRESERVATION FORESTRY AND WILDLIFE
HISTORIC PRESERVATIOAI
DIVISION REVIEW LAND
STATE PARKS
LOG NO: 28687
DOC NO: O111PM27
TO: Mr. Christopher Yuen, Director
Name of Agency/Applicant: County of Hawaii Planning Department
Address of Agency/Applicant: 25 Aupuni Street
Hilo, Hawaii 96720
SUBJECT: Change of Zone Ordinance No. 9456 (12EZ 762)
Toisan Associates-Extension of tines to Condition "C" (complete construction)
Ahupua'a: Waimea
District, Island: South Kohala
TMK: 6-4-024:022
1. We believe there are no historic properties present, because:
a) intensive cultivation has altered the land
residential development/urbanizationh~s altered the land X .
c) previous grubbing/grading has altered the land
d) an acceptable archaeological assessment or inventory survey found no historic properties _
e) other-- building is being preserved
Thus, we believe that "no historic properties will be affected" by this undertaking X .
2. This project has already gone through the historic preservation review process, and mitigation has been
completed
Staff: ~ /~~~~v/ Date: December 3. 2001.
Title: Hawaii Island Archaeologist
PM:amk
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I~ t$oa 266, i~aataeaela, &f~wsfl6 96`~~3
8/24!01
l~r. Chris Yi~cat,
l~iaaaaaing Director
I~awau Cuu~ty Plazusiaag I3xtrneaYt
z~ st.
kilo, I~avraii ~G720
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iDcar l~r. Yuen: - ~
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®aer co~aanittee Yttet oaa 8/ 14/U 1 seed reviewed 2 proposals that evil! be subaa~itte;d to the l~lanaa~ii~
Y?capartaaacnt by Asa Saaaraaaaegs, ~rchitcct, acting on behalf of.Nir. haul l~uf® and Tvisaat :
Assaci~te~, ovva4er of ~tekushi store seed adjacent parcel.
please presented to the co~amittee represent a proposal to retain the eeistin~ laukeashima
store and anaintaia~ its historical heritage, and to build never strexc.~ures in a style siatsilar to
Fukushirraa store to retain the village character of'U~aianea.
request is beings suede to rezone the vacaaat parcel (23) to Neighborhood Coanrraea'cial
(C1V-10), sarnilar to 1~ul<ushi~a Store. A.dditioayally the owner plans to consolidate the
two lots into one property for nerve development.
discussion included statements of support by various coanmittee Ynembers ineludang oaae
stateaneaat that prised the pa'oposed developaraerat because it "estabflished eta anchor
village character at the 1?ast end of "Uilaianea".
araatiorz was made to support tlae request for rezoning and seconded. 'The tneasaare
passed uvith 100% yea. vote.
A sec®nd request is being made to aanend Ordinance 94-56. The back~rouaad for this
request is as follows. ®riginally the liukushiana store was situated on property zoned
A,griculture_ A request was a3gade by Il~r. itu.#'o to rezone that property (parcel 22} to
Coaraaraercial wfltich cuss ,~a~antesl. There were conditions placed on the rezoaaing such that
street li~htin~, curbs, butters and sidewalks were required because it e~vas expected that
the old p'ulcushirna store evoa:fld he deanolished.
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Since the old store was not demolished as originally planned and it is now desired to
maintain the historical character of the original building, the reques# is to amend the
above condition to delete the condition t'or cnrb, gutter and sidewalk if the existing
Pukushitna Store is retafned asad only apply that conditions i~f p'ukushirna is derraol.ished
and a new structure built.
Discussion included statements from the comrrsittee that supported the concept of
re#ai~ting the histotacaE Fuk~~ashirna Store..it was pointed out that the property on the ~'ilo
side of the property is not and likely will not be zoned Consmercial and therefore no
sidewalk vas needed for access. It was felt by the cornsrsittec that a sidewalks were n.ot
desistd in #hat locality aztd strong support was voiced to maintains the existing building
and character.
A rnaotion was made to support the request to amend conditions of Ordinance 94-56 and
seconded. The measure passed with l00% yea. vote.
Thank you for your consideration to allow our continued input in#o plans that arf~ect our
connmunity.
Sincerely,
Pete k~endricks
Chair
Z ~~~d 89~8LZ8 808~X~,~ ~uoX ~daQ ~utuupld l~Id Z0~~0 dns ZO-ZZ-MCI'
ONaimea Plan Review Committee
August 14, X041
A presentati®n was made by Aza Summers, Architect, on behalf of Paul Rufo
representing Toisan Associates. The Fukushima store is ®wned by Toisan
and the adjacent lot on the Waitveea ride was recently purchased by Toisan.
Plans presented to the comt~ittee represent a proposal to retain the existing
Fukushima store and maintain its historical heritage, and to build new
structures in a style similar to Fukushirr~a store to retain the village character
of 9!1laimea.
A request is being made to rezone the vacant parcel (23) to Neighborhood
Gonlmercial (CN-14}, simHar to Fukushlrrta Store. Additionally the owner
plans to consolidate the two lots into one property for new deveioprtrtent.
Discussion included statements of support by various committee members
including one statement that praised the proposed development Gecause it
"established an anchor village character at the bast end of 1l~air~ea".
A motion was made to sa~pport the request for rezoning and seconded. The
measure passed with 100~f® yea vote.
A sec®nd request by Toisan is being made to amend Ordinance 94-56. ~T'he
background for this request is as follows. Originally the Fukushirrta store was .
situated on property zoned Agriculture. A request was made by Mr. Rufo'to
rezone that property (parcel ~2) to Commercial which was granted. There
were conditions placed on the rezoning such that street lighting, curbs,
gutters and sidewalks were required because it was expected that the old
Fulcushirna store w®uld be demolished.
Since the old store was not demolished as originally planned and it is now
desired to maintain th® historical character of the original building, the
request is to amend the above condition to delete the condition for curb,
gutter and sidewalk if the existing Rukushima Store is retained and only
apply that Condition if l'ukushima is demolished and d new structure built.
DiscusSi®n included staten~tents front the committee that supported the
concept of retaining the historical Pukushima More. It was pointed aut that
the property on the Milo. side of the property is not and likely will not be
zoned Commercial and therefore no sidewalk was needed for access.
It was felt by the committee that a sidewalks were npt desired in that locality
and strong support was voiced to maintain the existing building and
char~Cter.
~ Motion was made to support the request to amend conditions of Ordinance
94-56 and seconded. The measure passed with 1Q0a/n yea vote.
E ~~~d 89~8GZ8 808~Xd,~ eaoX }daQ ~utuu~jd U~d Z0~80 FIZZ ZO-ZZ-N~f