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HomeMy WebLinkAboutCOM 0687.000 2002-2004Harry Kim Mayor COUNTY OF HAWAII 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakmi Highway, Suite 103 • Kailua-Kona, Hawat'i 96740 (808) 329-5226 • Fax (808) 326-5663 June 28, 2004 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 Application (REZ 04-007) Applicant: Gerald Yamada Request: A -3a to RS -10 Tax Map Key: 2-4-38:8 Change of Zone (REZ 740) Applicant: Hilo Storage Partners, LLC Request: Amendment to Change of Zone Ordinance No. 93-62, Condition F IV/ (Delete Curbs, Gutter, Sidewalk Requirement Along Ocean View) Tax Man Key: 2-1-7:9 Dixie Kaetsu Managing Director Peter L. Hendricks Deputy Managing Director 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 J Mayor L060404may Enclosures cc: Planning Department �3, 11 ,QRS I lawai`i County is an Equal Opportunity Employer and provider Comm. No. si Ref. To: Ref. Date 2QU4. Harry Kim Mayor June 28, 2004 County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 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 (REZ 740) Applicant: Hilo Storage Partners, LLC Request: Amendment to Change of Zone Ordinance No. 93-62, Condition F (Delete Curbs, Gutter, Sidewalk Requirement Along Ocean View) Tax Man Key: 2-1-7:9 The Planning Commission, after a duly held public hearing on June 4, 2004, voted to recommend for your approval the proposed legislative bill for an amendment to Condition F of Change of Zone Ordinance No. 93 62, which rezoned a 1.028 -acre lot from a Limited Industrial — 20,000 square foot (ML -20) to a General Industrial 1 -acre (MG -1a) district. The request is to delete the requirement that curb, gutter and sidewalk improvements be provided along Ocean View Drive. The property is located between Kalanianaole Avenue and Ocean View Drive and diagonally across from Keaa Street, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: Effective June 22, 1993, the property was rezoned from Limited Industrial (ML - 20) to General Industrial (MG -1 a) under Ordinance No. 93 62. The applicant requested the change of zone to consolidate TMK Nos. 2-1-7: 9 and 10 to expand an existing fence contracting, manufacturing and retail business. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The applicant is requesting an amendment to Condition F of Ordinance No. 93 62. Condition F states "access to the subject property shall meet with the approval of the Department of Public Works. Curb, gutter and sidewalk improvements shall be installed along the Kalanianaole Avenue frontage and along the Ocean View Drive frontage of Parcel 9 and 10 in accordance with the requirements of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development." (Note: Parcel 10 no longer exists as it has been consolidated with Parcel 9.) The applicant concurs with the requirement to construct curb, gutter and sidewalk improvements along Kalanianaole Avenue, as there are considerable pedestrian and vehicular movements in this area. However, the applicant feels that the requirement to construct curb, gutters and sidewalk along Ocean View Drive is not feasible, since this road is a cul-de-sac serving a few residences, and ends near the applicant's property. Ocean View Drive, a "paper" road, intersects with another "paper" road, Huipu Street. Further, unlike Kalanianaole Avenue, there is very little vehicular movement in this area to warrant the construction of curb, gutter and sidewalk. Access to the site will be from Kalanianaole Avenue. No access is proposed from either Ocean View Drive, or Huipu Street (which appears to be a parking lot for the adjacent Orchid Manor apartment complex). The project will not generate any traffic along Ocean View Drive or Huipu Street; therefore, there will be no compromise of pedestrian safety in this area. The General Plan LUPAG Map designates the area for Industrial uses. The current zoning of Limited Industrial (ML -la) is consistent with the existing General Plan designation of Industrial in this area. All essential utilities and services are available to the site. Agencies reviewing the request had no comments or concerns. The granting of this request would not be contrary to the original reasons for granting the change of zone. Compliance with all other conditions of Ordinance No. 93 62 and SMA Use Permit No. 433 is still required. Based on the above findings, the proposed amendment to Condition F of Ordinance No. 93 62 is not contrary to the original reasons for approving the Change of Zone. For your favorable consideration, an amendment to Ordinance No. 93 62 is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Lli lostorage02PC Enclosures cc: Mr. Sidney Fuke Department of Public Works Department of Water Supply Rodney Haraga, Director/DOT-Highways, Honolulu Hawai'i County is an Equal Opportunity Employer and Provider BHi1oStomgeREZAmend.dm-5/ 10/04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HILO STORAGE PARTNERS, LLC CHANGE OR ZONE ORDINANCE NO. 93 62 (REZ NO. 740) AMENDMENT TO CONDITION F HILO STORAGE PARTNERS, LLC has submitted a request to amend Condition F of Ordinance No. 93 62. The property is located along the makai side of Kalanianaole Street adjacent to and east of the Orchid Manor apartment complex, Waiakea, South Hilo, Hawaii, TMK: 2-1-7: 9. APPLICANT'S REQUEST Request: The applicant has submitted a request to amend Condition F of Ordinance No. 93 62. Condition F states "access to the subject property shall meet with the approval of the Department of Public Works. Curb, gutter and sidewalk improvements shall be installed along the Kalanianaole Avenue frontage and along the Ocean View Drive frontage of Parcel 9 and 10 in accordance with the requirements of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development." The applicant concurs with the requirement to construct curb, gutter and sidewalk improvements along Kalanianaole Avenue, as there are considerable pedestrian and vehicular movements in this area. However, the applicant feels that the requirement to construct curb, gutters and sidewalk along Ocean View Drive is not feasible, since this road is a cul-de-sac serving a few residences, and ends near the applicant's property. Ocean View Drive, a "paper" road, intersects with another "paper" road, Huipu Street. Further, unlike Kalanianaole Avenue, there is very little vehicular movement in this area to warrant the construction of curb, gutter and sidewalk. Access to the site will be from Kalanianaole Avenue. No access is proposed from either Ocean View Drive, or Huipu Street (which appears to be a parking lot for the adjacent Orchid Manor apartment complex). The project will not generate any traffic along Ocean View Drive or Huipu Street; therefore, no there will be no compromise of pedestrian safety in this area. (See G- b 9 -7C.6, 11 ?-94� Exhibit A - Applicant's letter dated April 12, 2004) GENERAL INFORMATION 2. Permits issued on the property include: • SMA No. 433 effective July 18, 2003 for the expansion of an existing self -storage facility with two additional structures and related improvements. • CON No. 813 effective October 6, 1993 for consolidation of Parcels 9 and 10. • Ordinance No. 93 62 effective June 22, 1993 for a change of zone from Limited Industrial (ML -1a) to General Industrial (MG -1a). Condition F states "access to the subject property shall meet with the approval of the Department of Public Works. Curb, gutter and sidewalk improvements shall be installed along the Kalanianaole Avenue frontage and along the Ocean View Drive frontage of Parcel 9 and 10 in accordance with the requirements of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development." (Note: Parcel 10 no longer exists as it has been consolidated with Parcel 9) • SMA No. 337 effective March 3, 1993 to American Fence Company, Ltd. for the construction of a 30,000 -square foot warehouse and office addition to the existing 24,030 square foot building. The project did not move forward as proposed, and per the applicant's request, SMA No. 337 was revoked on June 18, 1999. AGENCIES' COMMENTS 3. Department of Public Works: (See Exhibit B - May 11, 2004 Memo) 4. Department of Land and Natural Resources Land Division: (See Exhibit C - May 10, 2004 Letter) 5. Department of Transportation: (See Exhibit D - May 7, 2004 Letter) AGENCIES - NO COMMENTS OR OBJECTIONS 6. Fire Department, Police Department, Civil Defense Agency PUBLIC COMMENTS 7. (See Exhibit E - April 22, 2004 Letter from Jesse Wolf, M. Rodin and M. Burns) -2- SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 • Fax: (808) 969-7996 April 12, 2004 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports Subject: Amendment to Ordinance No. 93-62 — Hilo Storage Partners, LLC.. Waiakea, South Hilo, H1, TMK: 2-1-007: 009 The subject site was rezoned into the Limited Industrial (ML -la) district (Ord. No. 93-62) on June 23, 1993, subject to a number of conditions (Exhibit A). Condition F required the installation of curb, gutter, and sidewalk improvements along the site's frontage at Kalanianaole Avenue and Ocean View Drive, prior to the issuance of a certificate of occupancy. At its meeting of July 18, 2003, the Planning Commission granted a Special Management Area (SMA) Use Permit (SMA 03-006) for the expansion of an existing self -storage facility on the subject site (Exhibit B). Condition 3 required the access from Kalanianaole Avenue, meeting with the requirements of the Department of Public Works, particularly relating to sight distance. It also required a 5 -foot wide future road widening setback from Ocean View Drive. A building permit was subsequently issued, and construction should begin imminently. A copy of the site plan reflecting the proposed expansion is found in Exhibit C. The applicant's engineer is now in the process of preparing the required off- site road and related improvements pursuant to the zone change and SMA permit conditions. Nature of Request In its application for the SMA permit, the applicant noted that it was considering the submittal of a request to delete the curb, gutter, sidewalk requirement along Ocean View Drive. The applicant did not want to make a commitment then to file for such an amendment, as it wanted to make every reasonable effort to comply with all stated conditions of approval. However, after reviewing this matter further, the applicant believes that such a requirement is not reasonable and/or feasible and is hereby requesting its deletion from Condition F of Ordinance No. 93-62. EXHIBIT � Mr. Christopher Yuen April 12, 2004 Page 2 Reasons for Request The applicant can understand the requirement for curb, gutters, and sidewalk along Kalanianaole Avenue. There are considerable pedestrian and vehicular movements - - in this area, and sidewalks would provide greater measure of pedestrian safety. As such, the applicant will comply with this requirement. However, this is not the situation with Ocean View Drive. This road is effectively a cul-de-sac, serving a few residences, and ends near the subject site. On "paper", it intersects with another "paper" road — Huipo Street (Exhibit D). Unlike Kalanianaole Avenue, there are very little vehicular and pedestrian movements in this area to warrant the need for curb, gutter, and sidewalk fronting the subject site. Furthermore, there is no tangible infrastructure relationship between the project and this required improvement. As shown in Exhibit C, access to the subject site will be limited to Kalanianaole Avenue. There will be no access from either the "paper" Huipo Street or Ocean View Drive. The project will not generate any traffic along Ocean View Drive or the "paper" Huipo Street. As such, there would be no compromise of pedestrian safety in this area. Pursuant to the Zoning Code requirements, please find enclosed: a. Twenty (20) copies of this letter request, with Exhibits; b. A letter of authorization from the landowner and/or applicant(s); C. A list of surrounding property owners within 300 feet of the subject property; and d. The filing fee of $250. Should you have any questions on this matter, please feel free to contact me. Thank you very much. ,Sincerely, SIDNEY FUKE Planning Consultant Enclosures Copy — Mr. Nick Limer w/ enclosures 04/12/2004 14:18 5622660484 PREFERRED PAGE 04 To Whom It May Concern; Please be informed that as the managing member of Hilo Storage Partners, LLC (the applicant and landowner), I hereby authorize our planning_ consultant (Sidney_ F_u_ke) to file a request to delete the requirement for a curb, gutter, and sidewalk improvement along Ocean View Drive, as required in Condition F or Ordinance No. 93 62. 664 Y1, -21z NIA LAer, Managing Member (Date) KILO STORAGE PARTNERS, LLC. r r COUNTY OF HAWAII;, , NATE OF HAWAII BILL NO. 52 (Draft 3) ORDINANCE NO. 93 62 AN_aRDI.NANCE A,NEV-DING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL (ML -20) TO GENERAL INDUSTRIAL (MG -la) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-1-07:9. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be General Industrial (MG -la): Beginning at the east corner of this parcel of land and the south corner of Lot 9, Waiakea Warehouse Lots, being also the northwest side of Kalanianaole Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3,360.85 feet North and 13,253.93 feet East and running by azimuths measured clockwise from True South: 1. 64' 25' 48" 132.35 feet along the northwest side of Kalanianaole Avenue; 2. 1540 25' 48" 338.30 feet along Lot 11, Waiakea Warehouse Lots; 3. 2440 25' 4B" 132.35 feet along Government Land; EXHIBIT A development shall be completed, (certificate of occupancy) within two years from the date of issuance of Final Plan Approval; (E) the required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone; (F) access to the subject property shall meet with the approval of the Department of Public Works. Curb, gutter and sidewalk improvements shall be installed along the Kalanianaole Avenue frontage and along the Ocean View Drive frontage of Parcel 9 and Parcel 10 in accordance with the requirements of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development; (G) landscaping shall be provided along the Kalanianaole Avenue frontage and along the Ocean View Drive frontage of Parcel 9 and Parcel 10 for the purpose of mitigating noise and visual impacts to Kalanianaole Avenue, to Ocean View Drive, and to adjacent properties. A landscaping plan including a program for the maintenance of the landscaping shall be submitted to the Planning Director for review and approval prior to issuance of certificate of occupancy for the proposed development; (H) 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 -3- 3) granting of the time extension would not be contrary to the originalreasons for the granting of the Change of Zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County 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 this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -5- O KUHto BAy KALANIANAOLE ?a2 -3s / ML -2e M6- Iq M6 -le % / M4-Iq AMENDMEI ML =o TO O OC1=AN VIEW bR1YE ML -20 I M6 -7.o m I- m 6 LIM]TED� m M( ,: zoI To �NemA1t. i- m 79 N MG -1q } m AR>=A = 1_o26 O � 0ML-ac MG -!2o cQc G 3�3¢O_BS N m 13,253. 3 E 7 Y— — m on n AVENUE KALANIANAOLE ?a2 -3s / ML -2e M6- Iq M6 -le % / M4-Iq AMENDMEI ML =o TO O OC1=AN VIEW bR1YE ML -20 I M6 -7.o m I- 6 LIM]TED� M( ,: zoI To �NemA1t. i- N i INDUSTRIAL (M(S-1c) m AR>=A = 1_o26 NACRES 0ML-ac MG -!2o cQc G 3�3¢O_BS N m 13,253. 3 E 7 Y— — m on AVENUE M6-Iq ZONING CC fo AMENDIN4 SECTION (CiTT OF' HIL -0 ZONE MAIC) ARTICLE 3, ChiAPT'ff1Q '25 (ZONING CODE) OF THE HAWA11 COUNT? CODE S7' CHANGINS THE DISTJRICT GLA5SIPICATION FROM L1M1 reO 1NDU�TRiAL ttylL-20) To GENERAL 1NouSTRIAL (Me -la) AT WAIAKEA, SOUTH HILO, HAWAJJ- PREPARLb B7' Pt-ANNING b1=PAR—r"f N7- coUNTT o)= HAWAII TtYitc �- 1 - 07 _ Fes. rte, r�D3 Harry Kim Mayor County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 AMA t_0 (808) 961-8288 • Fax (808) 961-874_2 Mr. Sidney Fuke 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: Special Management Area Use Permit Application (SMA 03-006) Applicant: Hilo Storage Partners, LLC Request: Expansion of an Existing Self -Storage Facility Tax Map Key: 2-1-79 The Planning Commission at its duly held public hearing on July 18, 2003, voted to approve the above -referenced application, ISManagement" Area (SMA), Use Permit No. 433 is hereby issued to allow; the expansion of;au existing self -storage facility by constructing two additional structures" and related improvements. The property "is located along the makai side of Kalamanaole Avenue,"adlacenf to and"Mst of the Orchid M_ a'nor-A`par`finent Complex, Waiakea, South Hilo Hawaii, , . Approval of this request is based on the following The purpose of Chapter 205A, Hawaii Revised Statutes and Rule 9, Special Management Area Rules and Regulations of the County of Hawaii, is to preserve, protect, and, where possible, to restore the natural resources of the coastal zone areas. Therefore, special controls on development within an area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options, and to insure that adequate public access is provided to public -owned or used beaches, recreation areas, and natural reserves by dedication or other means. The proposed expansion of an existing self -storage facility will not have any significant adverse environmental or ecological effect, except as such adverse effect is minimized to the extentpracticable and clearly outweighed by public health, safety, or compelling public interest. Such adverse effect shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect and elimination of planning options. The project site is situated ip.an area planned for industrial uses. The "applicant proposes to expand an existing 22,880-square.foot self -storage facility to consist of the construction of two single -story structures and related improvements: EXHIBIT B Mr. Sidney Fuke Page 3 visual viewplanes. The viewplane from the shoreline towards the property will not be impacted as surrounding properties are developed with multi -family residences and various industrial uses. - ---Air---quality=in=the-area=of=the subject�property-is--mo-st--affected=by=emissions=from - natural and vehicular sources. The principal source of both short-term air and noise quality impacts associated with the construction of the proposed improvements is expected during construction, especially during grubbing and grading activities. These impacts can be mitigated through the utilization of best management practices. Given the limited nature of the improvements, no significant long-term air and noise quality impacts are anticipated. The proposed project is consistent with the objectives and policies as provided by Chapter 205A, HRS, and Special Management Area guidelines contained in Rule No. 9 of the Planning Commission Rules of Practice and Procedure. County water is available to the site. Any potential runoff or discharge that could reach ocean waters can be handled by on-site improvements consistent with the requirements of the Department of Public Works. Any impacts from soil erosion and runoff during site preparation and construction phases can be adequately mitigated through compliance with existing regulations and proper construction practices. Air emissions generated during the construction phase for the proposed project can be mitigated by existing construction regulations. With these precautionary measures in place, the proposed development is not anticipated to have any substantial adverse effects upon nearby coastal resources or the surrounding environment. Conditions of approval will be included relating to wastewater, solid waste and public safety to ensure that impacts on coastal resources are minimized. The Department of Land and Natural Resources State Historic Preservation Division (SHPD) has indicated that previous grubbing/grading has altered the land, and no historic properties will be affected by this request, The subject property is not listed in the General Plan Historic element or the State and Federal Register of Historic Places. As the site has been cleared and improved, and given the property's urban and improved setting, no known rare, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. The property is not used for access to the mountains or shoreline and no access to these areas will be impacted by the proposed action. The property is located approximately 300 feet from the shoreline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space Mr. Sidney Fuke Page 5 2. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this permit. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured prior to the commencement of construction. Development plans shall identify existing and - ---- ---proposed-stmetures�ir-e-protection-measures;paved-dr-ivewa}Laccesses=and-- - - parking stalls, and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements). 3. Access to the property from Kalaruanaole Street, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. A 5 -foot wide future road widening setback along the makai property boundary along Ocean View Drive shall be delineated on plans. The driveway shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and County Standards Details. 4. The proposed structures shall meet the minimum setback requirements of 20 feet for the three front yards, and a minimum 4 feet for the side yard. 5. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy. 6. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects in the State of Hawaii. 7. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. 8. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigation measures have been taken. Mr. Sidney Fuke Page 7 Should you have any questions, please contact Norman Hayashi of the Planning Department at 961-8288. Sincerely, Fred Galdones, Chairman Planning Commission Lhilostorage0IPC cc: Department of Public Works Department of Water Supply County Real Property Tax Division Office of Planning, CZM Program (w/Background) Department of Land and Natural Resources - Kona Rodney Haraga, Director/DOT-Highways, Honolulu Long Range Planning Mr. Robert Usagawa Plan Approval Section Hilo Storage Partners, LLC ;x" yr IER STORAGE • { 1.9 K _ 15 E F1AY YAR/ LLd rA WNbLu qE nAY P L. 's11. rm ;. ' .r.' 9taEd in, r�9 ,..A n -i>p .r E>aT •"� h ,�' cti W sT ".)'l. Rm`�ii.",'�.� i�':i'xy::-r, i•1K: Nov'.'-`'1j::•�ttjt: ..ice... L� I,•..<,zi'. ; , ":c!`. l"' .•cf k. z" as`=1,1',i. `' "vr7iva" m ac 51;�\� .. yL�.-•":=tis,,R+ - yt �,y�,,...;`, %iT2 .4 - ,{�,+`'..''1�,<� 3..�.(,�,.� :.I.X •Ri:�°V <i`l': ,R'. t.: �'. .',.Y'C�:j}:.:: L•:�..+ .:.Ki,.,...11 .1.t:?. •'`. fi x xln °� ! 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GOLUMBIiA, SUITE 200 ALI50 VIE.}, GA 92656 CONTACT t AKIEL VALLI 944-349-rM 1, 01419-5401-171 FAX Pi :)i DATPt 65RO`,>5 5177_ AREA 99,s4e sa, Fr. (2.06 ACRES) Ni 5Tol:6UILDINGL BUILT 'A' (I STORY) 04o so. FT. . BUILt7IN6 9' (1 5TORY) 21,945 sa. FT. NEN( STORAGE TOTAL 32,635 SQ. FT. EXI5TING BUILDING: EXISTING BUILDING (I Sri "5-rl OPflGE (I 5TOR-0 21,500 1090 EXISTING BUI INC TOTAL 22>380 sci. Fr. SQ. FT, TOTAL —ail- UILDINS•N3I HIMSTORAGE BUILDINcsS Eg5TIN5 EULDIN6 52A55 5Q. F7• (36,4%) LAitUSGAPE AREA DR1VCi:iAY 22,590 IJ5O 5Q• 5Q- FT. (255%) / HARl75GAPE 52'1 SQ, FT. TOTAL B9 54,5 54, FT. (36."7%) PARKING P ^ ARKING' REGUI 11poo /.5515 =555) 56 PARKINGf'i AWLUDINS 2 H/G) 56 LOADING SFAGE REWIF:EA L L 1 LOADINS SPAGE'FROol 5 **11 SITE PLAN 1 6, 09 VICINITY MAP VA L L I ARCHITECTURAL GROUP BI COLUMBIA, SU11ElOp PH: 94?/349-1777 AUSO i`A CA 92456 FAX 949/ 3l9-1778 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO. HAWAII DATE: May 11, 2004 TO: Christopher J. Yuen, Planning Director FROM: iio' Department of Public Works SUBJECT: CHANGE OF ZONE ORDINANCE NO. 93-62 Applicant: Hilo Storage Partners, LLC Request: Amendment to Condition F of Ordinance No. 93-62 TMK: 2-1-07:009 We have reviewed the subject request and have no objections of deleting the requirement of installing curb, gutter and sidewalk improvements along the Ocean View Drive frontage. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG County of Hawaii is an Equal Opportunity provider and EmpIoycr EXHIBIT 3 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION Honorable Christopher J. Yuen Planning Director County of Hawaii Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: POST OFFICE BOX 621 HONOLULU, HAWAII 96809 May 10, 2004 Subject: Change of Zone (REZ 740) PETER T. YOUNG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON DEPUTY DIRECTOR. LVID ERNEST Y.W. LAU DEPUTY DIRECTOR- WATER AQUATIC RESOURCES BWT AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION NRI COASTAL LANDS CONSERVATION ANI) RESOURCES ENFORCEMENT ENGWEERIND FORESTRYAND WILDLFE HISTORIC PRESERVATION KMgOIAWE ISIAND RESERVE COMMISSION LAND STATE PARRS LD -NAV Applicant: Hilo Storage Partners, LLC Request: Amendment to Change Zone Ordinance No. 93-62 Delete Curbs, Gutters, Sidewalk Requirement Along Ocean View at Waiakea, South Hilo, Hawaii Authority: County of Hawaii Planning Department TMK: 3rd/ 2-1-07: 09 Thank you for the opportunity to review and comment on the subject matter. A copy of the document pertaining to the subject matter was distributed or made available to the following Department of Land and Natural Resources' Divisions for their review and comment: - Division of Forestry and Wildlife - Na Ala Hele Trails - Division of State Parks - Office of Conservation and Coastal Lands - Engineering Division - Commission -on Water Resource Management - Land -Hawaii District Land office - Land Planning and Development Enclosed please find a copy of the Engineering Division comment. Based on the attached responses, the Department of Land and Natural Resources has no other comment to offer on the subject matter. Should you have any questions, please feel free to contact Nicholas A. Vaccaro of the Land Division Support Services Branch at 1-808-587-0384. Very gtruly yours, DIERDRE S. MAMIYA Administrator �/H EXHIBIT I IBT C: HDLG `A1 � DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LA/NAV Rat.: gpL 7� COMMENTS () We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone _ Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Zone () Please note that correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is () Please note that the project must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertakm if them are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Comrmmity'a local flood ordinance may prove to be more restrictive and thus take precedence over the miniumm NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NF1? Coordinators below: () Mr. Robert Sumimoto at (808) 5234254 or Mr. Mario Siu Li at (808) 5234247 of the City and County of Honolulu, Department of Planning and Permitting. () Mr. Kelly Gomes at (808) 961-8327 (Hilo) or Mr. Kiran Eviler at (808) 327-3530 (Kona) of the County of Hawaii, Department of Public Works. O Mr. Francis Cerizo at (808) 270-7771 of the County of Maui, Deparb=t of Planning. () Mr. Mario Antonio at (808) 241-6620 of the County of Kauai, Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honohdu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Pian Update. () Additional Comments: () Other: Should you have any questions, please call Mr. Andrew Monden of the Planning Branch at 587-0229. Signed: EkICOT.HIIRRAANO�/ ENGINEER Date: L t/ LINDA LINGLE GOVERNOR Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 May 7, 2004 RODNEY K. HARAGA DIRECTOR Deputy Director BRUCE Y. MATSUI LINDEN H. JOESTING BRIAN H. SEKIGUCHI — — 1 11N AERY REFER TO Subject: Hilo Storage Partners, LLC — Amendment to Change of Zone, Ordinance No. 93-62, Condition F TMK: 2-1-7: 9 Thank you for requesting our review of the subject applicant's request to amend the county ordinance covering its property. The requested amendment will not have an impact on our highway or airport facilities. We appreciate the opportunity to provide our comments. Very truly yours, So,RODNEY K. HARAGA Director of Transportation EXHIBIT STP 18.1143 April 22, 2004 Jesse C. Wolf 489 Oceanview Dr. Hilo, HI 96720 P.? n 1 S6 Dear Chris Yuen and the Planning Department, I I I am the owner of the house at the above address,�&d a few days ago I rsceived a letter from Sidney Fuke (a planning consultant) regarding Ord. No. 93-62. This ordinance asks for a sidewalk to be installed on our street (in conjunction with the Hilo Storage Partners expansion project on Kalanianaole Ave., Hilo). First of all, we here fail to see the connection with the storage facility expansion and an unneeded sidewalk on our small, one -block, dead-end street, a street which will not be used by the storage facility's traffic. Secondly, we here feel fortunate to have the tree -lined patch of road that borders the rear of the storage facility, whereby the nice vegetation that separates us from the storage facility and the loud highway traffic and construction noise there is mitigated by the trees which will be cleared to put in a side walk. The trees and nice vegetation (on the patch of State owned land between our street and the storage facility), is a good benefit to Oceanview Drive, keeping this small, rarely used street quiet and pretty via its green, well -flowered border. Please do not spoil our quiet, lushly vegetated street with an unneeded sidewalk, an expensive patch of concrete which will make a mess being built plus rob us of much of our beautiful, tree -lined sound -barrier from the noisy highway. Thanks so much for your consideration. Yours in truth and service, Jesse Wolf, 489 Oceanview Drive Oceanview Drive EXHIBIT RHiloStompREZAmend-026/04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HILO STORAGE PARTNERS, LLC CHANGE OF ZONE ORDINANCE NO. 93 62 (REZ NO. 728) AMENDMENT TO CONDITION F Upon review of the request, the Planning Director recommends that a favorable recommendation to amend Condition F of Change of Zone Ordinance No. 93 62 be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: Effective June 22, 1993, the property was rezoned from Limited Industrial (ML - 20) to General Industrial (MG -1a) under Ordinance No. 93 62. The applicant requested the change of zone to consolidate TMK Nos. 2-1-7: 9 and 10 to expand an existing fence contracting, manufacturing and retail business. The applicant is requesting an amendment to Condition F of Ordinance No. 93 62. Condition F states "access to the subject property shall meet with the approval of the Department of Public Works. Curb, gutter and sidewalk improvements shall be installed along the Kalanianaole Avenue frontage and along the Ocean View Drive frontage of Parcel 9 and 10 in accordance with the requirements of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development." (Note: Parcel 10 no longer exists as it has been consolidated with Parcel 9) The applicant concurs with the requirement to construct curb, gutter and sidewalk improvements along Kalanianaole Avenue, as there are considerable pedestrian and vehicular movements in this area. However, the applicant feels that the requirement to construct curb, gutters and sidewalk along Ocean View Drive is not feasible, since this road is a cul-de-sac serving a few residences, and ends near the applicanfs property. Ocean View Drive, a "paper" road, intersects with another "paper" road, Huipu Street, Further, unlike Kalanianaole -1- Avenue, there is very little vehicular movement in this area to warrant the construction of curb, gutter and sidewalk. Access to the site will be from Kalanianaole Avenue. No access is proposed from either Ocean View Drive, or Huipu Street (which appears to be a parking lot for the adjacent Orchid Manor apartment complex). The project will not generate any traffic along Ocean View Drive or Huipu Street; therefore, no there will be no compromise of pedestrian safety in this area. The General Plan LUPAG Map designates the area for Industrial uses. The current zoning of Limited Industrial (ML -1 a) is consistent with the existing General Plan designation of Industrial in this area. All essential utilities and services are available to the site. Agencies reviewing the request had no comments or concerns. The granting of this request would not be contrary to the original reasons for granting the change of zone. Compliance with all other conditions of Ordinance No. 93 62 and SMA Use Permit No. 433 is still required. Based on the above findings, the proposed amendment to Condition F of Ordinance No. 93 62 is not contrary to the original reasons for approving the Change of Zone. It is recommended that a favorable recommendation to amend Condition F of Ordinance No. 93 62 be forwarded to the County Council with the following changes: (Material to be deleted is bracketed and material to be added is underscored): (A) the applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval; (B) the applicant shall secure Final Consolidation Approval of Parcels 9 and 10 within one year from the effective date of this ordinance. A 5 -foot road widening setback along the project site's Ocean View Drive frontage shall be indicated on plans submitted for consolidation review and shall be dedicated to the County of Hawaii upon its request; (C) Final Plan Approval for the proposed development shall be secured from the Planning Department within one year from the date of receipt of Final Consolidation Approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a -2- minimum of 45 days prior to the date by which plan approval must be secured. Plans shall identify all existing and proposed structures, landscaping, interior driveway circulation, fire protection measures, and paved parking stalls and loading stalls associated with the proposed development; (D) construction of the proposed development shall be completed (certificate of occupancy) within two years from the date of issuance of Final Plan Approval; (E) the required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone; (F) access to the subject property shall meet with the approval of the Department of Public Works. Curb, gutter and sidewalk improvements shall be installed along the Kalanianaole Avenue frontage [ ] of Parcel 9 [aad Parvel 10 in accordance with the requirements of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development; (G) landscaping shall be provided along the Kalanianaole Avenue frontage and along the Ocean View Drive frontage of Parcel 9 [and Pareel 10] for the purpose of mitigating noise and visual impacts to Kalanianaole Avenue, to Ocean View Drive, and to adjacent properties. A landscaping plan including a program for the maintenance of the landscaping shall be submitted to the Planning Director for review and approval prior to issuance of certificate of occupancy for the proposed development; (H) 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; -3- (I) comply with all other applicable laws, rules, regulations and requirements; (J) should the Council adopt a Unified Impact Fees ordinance setting forth criteria for the 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) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the Change of Zone. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. 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 initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: (1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; (2) granting of the time extension would not be contrary to the General Plan or the Zoning Code; (3) granting of the time extension would not be contrary to the original reasons for the granting of the Change of Zone; (4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year; and (5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County 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. -4- The accompanying draft bill to amend Condition F of Ordinance No. 93 62 is provided for your favorable consideration. -5- COUNTY OF HAWAII, ORDINANCE NO. S ATE OF YJA. ATI BILL NO. (PLANNING DEPTH'" AN ORDINANCE AMENDING ORDINANCE NO. 93 62, WHICH RECLASSIFIED LANDS FROM LIMITED INDUSTRIAL (ML -20) TO GENERAL INDUSTRIAL (MG -1 a) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-1-7:9. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL SECTION 1. Ordinance No. 93 62 is amended as follows: "SECTION 1. Section [25 114] 25-8-33, Article [3] 8 Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be General Industrial (MG -la): 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) the applicant shall secure Final Consolidation Approval of Parcels 9 and 10 within one year from the effective date of this ordinance. A 5 -foot road widening setback along the project site's Ocean View Drive frontage shall be indicated on plans submitted for consolidation review and shall be dedicated to the County of Hawaii upon its request; -1- (C) Final Plan Approval for the proposed development shall be secured from the Planning Department within one year from the date of receipt of Final Consolidation Approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of 45 days prior to the date by which plan approval must be secured. Plans shall identify all existing and proposed structures, landscaping, interior driveway circulation, fire protection measures, and paved parking stalls and loading stalls associated with the proposed development; (D) construction of the proposed development shall be completed (certificate of occupancy) within two years from the date of issuance of Final Plan Approval; (E) the required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone; (F) access to the subject property shall meet with the approval of the Department of Public Works. Curb, gutter and sidewalk improvements shall be installed along the Kalanianaole Avenue frontage [and .. .ng the Ocean ViewDrive fr ... �] of Parcel 9 and Parcel 10 in accordance with the requirements of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development; (G) landscaping shall be provided along the Kalanianaole Avenue frontage and along the Ocean View Drive frontage of parcel 9 and Parcel 10 for the purpose of mitigating noise and visual impacts to Kalanianaole Avenue, to Ocean View Drive, and to adjacent properties. A landscaping plan including a program for the maintenance of the landscaping shall be submitted to the Planning Director for 2- review and approval prior to issuance of certificate of occupancy for the proposed development; (H) 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; (1) comply with all other applicable laws, rules, regulations and requirements; (J) should the Council adopt a Unified Impact Fees ordinance setting forth criteria for the 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) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the Change of Zone. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. 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 initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -3- (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 Zoning Code; (3) granting of the time extension would not be contrary to the original reasons for the granting of the Change of Zone; (4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year•, and (5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County 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 2. Material to be deleted is bracketed and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -4- SECTION 4. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: -5- u CIL ME�✓IBE� COONT�TT &AI`I