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HomeMy WebLinkAboutCOM 0677.000 2000-2002 Jd<Y~®~ ~`46y I€arry Kim ' Dixie Kaetsu ~ ~I~iJy; Mayor ' Managing Director ~r~ ~o i ~:•a~ ksts'.; P~Jker T. Young grt'oii'ieP•~ Deputy Managing Director ~~1~I1~~ ~~11 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 ~tll a. .3~: ~~a Priam. Wit. Aga , ~f. D~.~ 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.'•~ ~ _ ~i Mayor I . *s e~4 ~~p.~..Aa;%1 ei tr~~OF~91A:!? 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: ~5- !a -t 4®a I A~5o i ~ I a Ise A~t~t~~~.~°t~~A~ tea-~~ i j "°T'~ N~16~f~~R?-i~~~ ~ A ~o ~~~n~n~~~~~~ I I ~ ~r. r. I ~ ,c v~ .i~o z ~l ~ ~vP u Zc I A-5;a ~~p ~9 ~ moo.. ~ A So is r. -~5 ~ ~ '9 -sq ~ 1G ~ \ I C I 9~ I , ~~T ~ ~ i I ~ '"O,c A 5a ~3° 1'30" ~ IIOS.i3~ i ~ ~ I ' I A- Ba j A 5q ~ ~ I ~ II ' V I r~5 Flo ~ ~ I ~ I i ~ ~ - , ~ ; ~ A-Sa ~ ~ ~ I f°IQ~1®~AR~C3 = P<-ANN f N ~ C7EPi~1~'T"Mt~NT ~®t]NTY 7-PAWAtt ~^~~~1 1 Melt `Tn! ti~~oCi.~T`~~. OFFICE OF THE COUNTY CLERK County of Hawaii r , ~ _ Hi 10 ,Hawaii , 1-,1, fire ~3 F,; ~ / 1 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 I3t~I~ RATg3 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 k f~ x ~ s ~ ~ P ~ 4 $ ~F ' F } t-} ~'F~~rJ.f..~rd ~ o-,'_y 3~ i1~~=k ig°4 ! ` a~f ~ iF 3 rte:..,.{ f ~,.~•ff/ ~ •{rr..C n •y}•.rf.•.:}:.jvr::C{i}:'}Y~'Y~'~'~i: r~,:•f ~ }i v$ is 'xf.:::}: }ii.,: '}}:k : f % r.::::::n.. ~ + .y.{X:?'i i.'•::iii::iS::ii: ::'j:i i':ii:~`. f ~ x:• i /~^j~ ::{:i:>~:i{~:' rye..;,-;.;; .~x.~;~ ~~a ~ur~rr~ars, ~rchitact 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 1~~ ~~rt ~u~i .v~ M~ r, ti"~ N . ~ e~ry'Y 1y~ u'f Yt _ >v ~ ~S~ .v.!r'~f k f " ~ S q ry~p{~ MK: `yS~ rt' L) ` do *}"r_".~ ~Y~ ~ 'YC ~7J ~s"~YS .h.. J' ac'fi 7t .f a.~ r px: *'i~ ~ ~ ~ 4; ~,,t ~ , n,, t - ~ J~P~~° 4 7 • /y ` `p~ ' yt' \i w c tr t 4 L `,Fly l0 `11 :~V~ l S _ 6r O ~ ~ ~ \ ~ae f Y ye ^r.. H r ~ me _ . 1~ s as ~T F l = " ~ I1NN(( ~ 4 a tee, ~ ~ r ~ ' ~ _ . _ _ _ _ ~x~iisit_ ~ L~~i ~scr°i~ti®r~ 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~ Le~B&8 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 ~X~iS~71'~ ~lt~ ~~~t~~ 4 . ;7 . . J • . {iir~~' is}'ffrr.'f/.~'? 'f,./• { {Yi: . r,._, . ..;fir ::,>;:::i y++ rr.{ x.+:.L. { l{. v r x: A' , f N/. fh'Y'r'v4+'. ~~l~////s i • 4 i'r% ti;?r.; i::i:':'F.:;:;: rj}. .rQf/++.Wti ~::y{}:,v~,rL>~~;•;'rl.Li!~5..;~:,'::i?:~ rl..xukt•'` f{sue ~ •:~:.>.::.r. _ _ , ~,li~iy' ~ ~ 'Yi'p :;Y~ . { x . ~ .:r • .;y; 'f F {r . . r fi ~ . , s. ~ ~ *'>{:i:>`ii::G:::;: f::::::: r::{~:::!: is i:::4:'j:4::~?y: r~~ if., '::r it J. r {.{C' : { r ,r;~; y ~ :fi ! di i i ~ ;r# Ffx •f•;~ . r ~ 3 ; • . ~ t { • { ~ , _f ff, { ~ .W.: f t' O N c~ /d1 ~ RS C ~ L", Ci ~ ~ ~ p N y p N ~ ~ f"' Q ~ Q ~p d ~ ~ ,U `O , ti ~3 I ~r1 ~f N Q. ~ ~ ~ N ~ ~ ~ ~p ~ ~ N O ~ ~ 00 O ~ ~ ~ ~O ~ cV rce a~ c U ~e ~ ~ 1 fti L ~~{C/ ewe ~ e~ ~ O . a+x ems: b~ GF WA7EFp Cam, ~~t' y ~ - ~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~~... M t. 1 ~ qr/~ iY3i $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 W $ $ ~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 r ' Ate..., - r,--, . ~ . .'„i~~BTi~~ ~ iI ~Af 446+6a 4~V11 HiAR0.F4RA~ 1~.7S1/V~GLL~~~1 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 r,'. . . ~ c iDcar l~r. Yuen: - ~ i ®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. f~ l d~~d E958GZ8 808~X~d euoX ~daQ ~utuupid ~d Z0~~0 ~fl,l zO-ZZ-M~f „ ~...ryt a. 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