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HomeMy WebLinkAboutCOM 0702.000 2002-2004 Jat~t.us ~4!s~ O.• q Dixie Kaetsu Harry Kim ad°w Mayor r' ; • Managing Director ~~=~~s~~~~-'~•.: Peter L. d~€endricks +Tt o6'Na'N Deputy Managing Director COUNTY OF HAWAII 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 July 15, 2004 Honorable James Y. Arakaki, Chairman _ and Members of the County Council C-- County of Hawaii c- ~ 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone (REZ 627) Applicant: DJSM, LLC Request: Amendment to Ordinance No. 92-91 Tax Mai Key: 2-2-28:29 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, ~ Harry Kim Mayor L070204may Enclosures cc: Planning Department Hawaii County is an Equal Opportunity Employer and Provider R4f. Ta: Ref. Late ~ JNtY o• M; Harry Kim . ~~`r' Mayor ' ~ Of. ~Tf O%~N~~' County of Hawaii PLANNING COMMISSION 101 Pauahi SVeet, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808) 961-8742 July 15, 2004 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Deaz Chairman Arakaki and Members: Change of Zone (REZ 627) Applicant: DJSM, LLC Request: Amendment to Ordinance No. 92-91 (Time Extension to Condition C and Deletion of Condition F) Tax Map Key: 2-2-28:29 The Planning Commission, after a duly held public hearing on July 2, 2004, voted to recommend for your approval the proposed legislative bill to amend Condition C (time in which to secure Final Plan Approval) of Change of Zone Ordinance No. 92-91, which rezoned approximately 47,680 square feet of land from a Single Family Residential - 10,000 squaze foot (RS-10) to a General Commercial - 10,000 square foot (CG-10) district. The property is located along the east side of Kilauea Avenue, across from Tyke's Laundromat, Waiakea, South Hilo, Hawaii. The request for an amendment to Condition F was withdrawn by the applicant. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting an amendment to Condition C (secure Final Plan Approval) of Change of Zone Ordinance No. 89 SQ as amended by Ordinance 92 91, to allow one yeaz from the effective date of this new amendment to secure Final Plan Approval. Effective Apri126, 1989, Ordinance No. 89 50 changed the district classification of the property from Single Family Residential (RS-10) to General Commercial (CG-10). The original applicant, Paul H. Rosendahl, had proposed to subdivide the parcel into three 10,000 + squaze foot lots to be developed for commercial office use, but later decided not to subdivide the parcel. Effective August 18, 1992, Ordinance 92-91 amended Ordinance No. 89 50 by deleting Condition C relating to Final Subdivision Approval. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The inability of the applicant to comply with the requirement of Condition C Change of Zone Ordinance No. 92 91 is the result of conditions that could not have been foreseen or are beyond the control of the applicant. The new owner and applicant, DJSM, LLC, has recently purchased the property and has submitted a time extension request to comply with the conditions of Ordinance 92 91. The reasons for the condition not being met were not a result of the new owner's actions and were beyond the applicant's control. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for high density urban uses. The current zoning of General Commercial (CG-10) for the property is consistent with the existing General Plan Designation in the area. The County Zoning Code has subsequently been revised since this rezoning and amendment was approved. However, compliance with all applicable requirements such as setback, height and landscaping is required. The applicant has secured a Condition Letter of Map Revision (CLOMAR) to allow development within the Federal Emergency Management Agency (FEMA) designated floodway within the parcel. All essential utilities and services aze available to the site. The granting of this request would not be contrary to the original reasons for granting the change of zone request. Based on the above findings, the request to amend Condition C would not be contrary to the original reasons for approving the Change of Zone. For your favorable consideration, an amendment to Ordinance No. 92-91 is transmitted. We aze also enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, 'Fred Galdones, Chairman Planning Commission Ldjsm02PC Enclosures cc: Mr. William L. Moore Dr. Allan Takase Department of Public Works Department of Water Supply Rodney Haraga, Director/DOT-Highways, Honolulu Hawaii County is an Equal Opportunity Employer and provider f3DJSM-AmendCondC&F.jwd 05-1404 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DJSM,LLC CHANGE OF ZONE ORDINANCE NO. 92 91 (REZ 686) AMENDMENT TO CONDITIONS C AND F DJSM, LLC has submitted a request for an amendment to Conditions C and F of Change of Zone Ordinance No. 92-91, which rezoned approximately 47,680 square feet of land from a Single Family Residential - 10,000 square foot (RS-10) to a General Commercial - 10,000 square foot (CG-10) district. The property is located along the east side of Kilauea Avenue, across from Tyke's Laundromat, Waiakea, South Hilo, Hawaii, TMK: 2-2-28:29. APPLICANT'S REQUEST 1. Request: The applicant is requesting to amend Condition C of Ordinance No. 89 50, as amended by Ordinance No. 92 91, which states: "Final Plan Approval shall be secured within one year from the effective date of this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured." The applicant, who is the new owner of the property, is requesting that Condition C be amended to allow one year from the effective date of this new amendment to secure Final Plan Approval. The applicant is also requesting that Condition F of Ordinance No. 89 50, as amended by Ordinance 92 91, be deleted, which states: "a ten-foot wide road widening strip along Kilauea Avenue shall be delineated on the plans submitted for subdivision and for plan approval review. No structural improvements shall be allowed within this road widening strip, provided however, any required landscaping may be permitted within this strip. Further, applicable setbacks shall be taken from the 10-foot future road widening strip line." The applicant is requesting that this condition be deleted based on information received from the Department of Public Works that Kilauea Avenue is no longer being proposed as an 80-foot wide arterial. (See Exhibit A -Amendment Request dated April 26, c-70o2C13.1~ 3C~3)?'c' 2004) BACKGROUND INFORMATION 2. April 26, 1989: Effective date of Ordinance No. 89 50, which rezoned the subject property from Single Family Residential (RS-10) to General Commercial (CG-10). The original applicant, Paul H. Rosendahl, had proposed to subdivide the parcel into three 10,000 + square foot lots to be developed for commercial office use. 3. October 14, 1991: The applicant had submitted a subdivision application pursuant to Condition C. The applicant had withdrawn the subdivision application on November 19, 1991 after deciding not to subdivide the property. 4. August 18, 1992: Effective date of Change of Zone Ordinance 92-91, amending Ordinance No. 89 50, deleting Condition C relating to Final Subdivision Approval. (See Exhibit B -Change of Zone Ordinance No. 92 91) 5. July 19, 1994: Final Plan Approval was issued for an office building in compliance with Condition C of Ordinance 92 91 (based on a one-year administrative time extension granted to comply with this condition). Construction of the office building should have commenced on or before July 19, 1995 and completed on or before July 19, 1997 to comply with Condition D of Ordinance 92 91. The Planning Department did not receive a request for an administrative time extension to comply with this condition. No action has taken place regarding the office building for nearly aten-year period. 6. February 6, 2004: Applicant secured a Condition Letter of Map Revision (CLOMAR) to allow development within the Federal Emergency Management Agency (FEMA) designated floodway within the subject parcel. 7. March 29, 2004: The applicant had submitted a plan approval application and was informed that the requirements of Condition C (secure Final Plan Approval) had not been met and needed an amendment to the ordinance to proceed by a letter from the Planning Department dated March 29, 2004 (See Exhibit C -Letter dated March 29, 2004) AGENCIES' COMMENTS 8. Department of Public Works (May 13, 2004 Memo): "We have no objections to amending condition C allowing a time extension. Regarding the delineation of a ten-foot wide road widening strip along Kilauea Avenue in condition F, we defer to the Planning Department. -2- Presently, there are no plans by this department to widen Kilauea Avenue. However, in anticipation of future traffic congestion, a traffic study has suggested the conversion of Kilauea Avenue and Kinoole Street into cone-way couplet between Ponahawai and Puainako Streets. Kilauea Avenue will still function as an arterial under that proposed circulation pattern." 9. Department of Environmental Management-Solid Waste Division (May 3, 2004 Memo): "Commercial operations may not use transfer stations for disposal. Aggregates and any other construction demolition waste should be reused to its fullest extent. Ample room should be provided for recycling. Greenwaste may be disposed of at the drop sites located at the Kailua and Hilo transfer stations." AGENCIES - NO COMMENTS 10. Department of Health and Fire Department AGENCIES - NO RESPONSE 11. Department of Public Works, Department of Water Supply, Police Department and Department of Land and Natural Resources-Land Division and Historic Preservation Division PUBLIC COMMENTS 12. Robin Kealoha Black - (See Exhibit D -Letter dated March 10, 2004). -3- WILLIAM L. MOORS PLANNING 159 HALAL STREET H1L0, HAWAII 96720 v ~ ~ (808) 935-0311/Fax (808) 934-0162 ~ ~ ~ W L M_Plannin g@verizo n. n et April 26, 2004 Christopher J. Yuen, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: Amendment to Conditions of Approval of Ordinance No. 89-50 as amended by Ordinance No. 92-91 Applicant: DJSM, LLC Tax Map Key: (3) 2-2-028: 029 DJSM, LLC is requesting an amendment to the conditions of approval of Ordinance 92-91. Accordingly, please find enclosed the following: 1. Original and twenty (20) copies of the Request to Amendment the Conditions of Approval of Ordinance No. 89-50 as amended; 2. List of surrounding property owners; 3. Tax Clearance for the subject property 4. Letter of Authorization for WLM Planning to represent DJSM LLC in this matter; and 5. $500 filing fee. Please call me if you have any questions on the attached Request for Amendment [o the conditions of approval. Sincerely, ~ G~tiW~ William L. Moore Attaclnnents cc: DJSM, LLC H 1~~~ ~Y ~9' ~9_e~lflltll ~®OI2~ ~~AN~~NG 1591$.al.nl sT1dEE'A' I311,o, HAWAII 96720 ~ ~ ' (808)935-0311/Fax (808) 934-0162 4~'LIv1_Planniag@veriaon.net t. Apri126, 2004 Christopher J. Yuen, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Amendment to Conditions of Approval of Ordinance No. 89-50, as amended by Ordinance No. 92-91 Applicant: DJSM, LLC TMK: (3) 2-2-028:029 On behalf of my client, DJSM, LLC, whose managing member is Dr. Allan Takase, this is to request an amendment to the conditions of rezoning contained in Change of Zone Ordinance No. 89-50 as amended by Ordinance No. 92-91. These ordinances rezoned approxhnately 47,680 square feet of land along the east side of Kilauea Avenue, adjacent and to the south ofthe Church of Jesus Christ of Latter Day Saints, Waiakea, South Hilo, Hawaii Island. More specifically, the area was rezoned from Single Family Residential - 10,000 square feet (RS- 10) to General Commercial - 10,000 (CG-10) to allow the establishment of office/commercial uses. The rezoning was granted subject to certain conditions of approval, including: (C) Final Plan Approval shall be secured within one year from the effective date of this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted aminimum offorty- five days prior to the date by which plan approval must be secured; and {F) a ten-foot wide road widening strip along Kilauea Avenue shall be delineated on the plans submitted for subdivision and for plan approval review. No structural improvements shall be allowed within this road widening strip, provided however, any required landscaping may be permitted within this strip. Further, applicable setbacks shall be taken from the 10-foot future road widening strip line. The new awner, DJSM, LLC recently purchased the property and submitted plans to the Hasuaii County Planning Department for Final Plan Approval. During the Plan Approval review, the applicant was informed That the requirements of Condition C of Ordinance No. 92-91 had not been met and therefore en amendment to the ordi~aance was required before action could be taken on this applicatian. During his research on the proyect, the appflicant was further informed by the Christopher J. Yuen April 26, 2004 Page No. 2 Department of Public Works that Kilauea Avenue is no longer being proposed as an 80-foot wide arterial. Based on the above, the applicant is seeking to amend Ordinance No. 92-91 as follows: A. Establish a new effective date of approval This would then provide a one year period within which the applicant can seek Final Plan Approval for the subject property; and B. Delete Condition (F) and renumber the following conditions accordingly,. This would eliminate the requirement to establish a 10-foot future road widening setback along the Kilauea Street frontage and provide more useable area within the property. The granting of the proposed amendments to Ordinance No. 92-91 would not be contrary to the General Plan nor the original reasons for granting the change of zone request. The Hawaii County General Plan Land Use Pattern Allocation Guide Map designates the area for High Density Urban Development. The proposed development is consistent with this designations which provide for commercial, residential and outdoor recreational uses. The purpose of the rezoning has not changed. The applicant believes that this concept remains feasible and is committed to continuing with the development of the subject parcel in accordance with the General Commercial (CG) zoning. No other changes to the conditions of approval are requested and the applicant fully intends to comply with these conditions. Accordingly, we believe that the proposed amendments would not be contrary to the original reasons for granting of the change of zone. As background to the proposed request, we have provided a chronology of actions taken with respect to the subject property. 1. September 1988, Paul H. Rosendahl submitted a Change of Zone Application for TMK: 2-2-28:29 to rezone the property from RS-10 CG-10 with the intention of subdividing the parcel into three lots to be developed for commercial office use. 2. Apri126, 1989, Ordinance No. 89-50 becomes effective, rezoning the subject parcel to CG-10. 3. October 14, 1991, a preliminary site plan and tentative subdivision plat are submitted to the Plaiming Department pursuant to plan approval 4. November 19, 1991, the applicant requested that the subdivision application be withdrawn as he had decided not to subdivide the property. Christopher J. Yuen April 25, 2001 Page Na. 3 5. January 2>3, 1992, Paul H. Rosedahl submitted a request to delete Condition C of Ordinance Na. 89-50 to delete the requirement that subdivision plans be submitted for tentative approval within one year and that final subdivision approval be secured within one year thereafter. 6. August 18, 1992, Ordinance No. 92-91, amending Ordinance No. 89-50, becomes effective and Condition C relating to final subdivision approval is deleted. 7. July 22, 2003, DJSM, LLC acquired the property. DJSM, LLC is a limited liability corporation of which he is managing member. 8. T+ebruary 6, 2004, DJSM, LLC secured a Condition Letter of Map Revision (CLOMAR) to allow development within the Federal Emergency Management Agency (FEMA) designated floodway within the subject parcel. 9. February 20, 2004, a Plan Approval application was submitted to the Plamiing Department to allow the development of an office building and related improvements on the subject parcel. 10. 16larch 2004, Planning Department informed the applicant that an amendment to Condition C of Ordinance No. 92-91 is required before the Plan Approval application can be processed. Thank you for your consideration of this matter. Please cap me if you have any questions or require any further information in this regard. Sincerely, ~N ~ William L. Moore cc: DJSM LLC BILL NO. ~ ~ o ORDINANCE NO. 92 31 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, RELATING TO MODIFICATIONS OF CONDITIONS C, D AND L OF ORDINAi~C~ NO. 89-50, WHICH RECLASSIFIED 47,680 SQ. FT. OF LALdD FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-28:29. BE LT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 89-50 is amended as follows: "SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of properties described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be General Commercial (CG-10): Beginning at a point at the southwest corner of this parcel of land and on the easterly side of Kilauea Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station. "HALAI" being 3,225.31 feet South and 7,301.99 feet East and running by azimuths measured clockwise from True South: 1. 160° 06' 176.60 feet along the easterly side of Kilauea Avenue; 2. 251° 31' 272.48 feet along the remainder of Grant 4777 to T. Clive Davies; 3. 345° 02' 184.03 feet along Lot 5 and Lot 3, being a subdivision of remainder of Grant 4777 to T. Clive Davies; q, 73° 06' 30" 256.93 feet along the remainder of Grant 4777 to T, Clive Davies to the point of beginning and containing an area of 47,680 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. These changes in district classification are 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 submit the iequired water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Policy" within ninety days from the effective date of the change of zone ordinance; (C) [subdivision plans shall be .submitted for tentative approval within one year from the effective date of the change of zone. Final subdivision approval shall be secured within one year from the date of receipt of tentative subdivision approval; (D)] Final Plan Approval [for the development of the rear lot] shall be secured within one year from the effective date of [Final Subdivision Approval] this amendment. To assure adequate time for plan approval review ar.d in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured; -2- [(E)]~ construction shall commence within one year from ti:~ date of receipt of Final Plan Approval and be completed within two years thereafter; [(F)] LEA access shall meet with the approval of the Department of Public Works. The sidewalk fronting the subject property along Kilauea Avenue shall be reconstructed in a manner meeting with the Department of Public Works prior to issuance of any occupancy permit or Final Subdivision Approval, whichever comes first; [(G)] LZ a ten-foot wide road widening strip along Kilauea Avenue shall be delineated on the plans submitted for subdivision and for plan approval review. No structural improvements shall be allowed within this road widening strip, provided however, any required landscaping may be permitted within this strip. Further, applicable setbacks shall be taken from the 10-foot future road widening strip line; [(H)] ~GZ a drainage system shall be installed in accordance with the requirements of the Department of Public Works; [(I)] ~ all applicable County and State laws, rules, regulations and requirements shall be complied with; [(J)] S~ 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 may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; [(K)] ~ an annual progress report -3- shall be submitted to the Planning Director prior to the anniversary date of the effective date of zone change. The report 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 with and the Planning Director acknowledges that further reports are not required; and, [(L)] LZ 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 applicants, 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 [g]General [p]Plan or [z7ZOning [c]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 -9- be met or substantially complied with in a timely fashion, the Director Cmay] shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed. New material is underscored. SECTION 3. In the event that any portion of this ordinance i.s declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its adoption. INTRODUCED BY: COUNCIL MEMBER, COUN OF HAWAII Hilo, Hawaii Date of Introduction: July 15, 1992 Date of 1st Reading: July 15, 1992 Date of 2nd Reading: August 5, 1992 Effective Date: August 18, 1992 APPROVED AS TO FORM AND LEGALITY: ..r .~rlt~ CORP TION COUNSEL - - DATE. - ~i''ii2 -5- oMTV or N,~'' Hutry Kim yi,~„•, Christopher J. Yuen A~lnyor Director Roy R. Takemoto ~t~r~';P~ Geputy Director • Oi~M• County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808)961-8288 Fax (808)961-8742 March 29, 2004 Mr. Bruce Hansen Concept Construction, Inc. 558 Kanoelehua Avenue Hilo, HI 96720 Dear Mr. Hansen: Application for Plan Approval for Proposed Office Building Applicant: Concept Construction, Inc. TMK: 2-2-028: 029; Waiakea, South Hilo, Hawaii After thorough review of your application, we regret that we are unable to issue plan approval for the proposed office building at this time due to non-compliance with the conditions of approval of Ordinance No. 92-91, as discussed in greater detail below. The subject property was rezoned to a General Commercial (CG-10) zoned district by Ordinance No. 92-91, subject to, in part, the following conditions: "(C) Final Plan Approval shall be secured within one year from the effective date of this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured; (D) construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter;" (E) access shall meet with the approval of the Department of Public Works. The sidewalk fronting the subject property along Kilauea Avenue shall be reconstructed in a manner meeting with the [approval of the] Department of Public Works prior to issuance of any occupancy permit or Final Subdivision Approval, whichever comes first; Mr. Bnice Hansen Concept Cottsh Diction, Inc. Page 2 March 29, 2004 (F) a ten-foot wide road widening strip along Kilauea Avenue shall be delineated on the plans submitted for subdivision and for plan approval review. No structural improvements shall be allowed within this road widening strip, provided however, any required landscaping may be permitted within this strip, Further, applicable setbacks shall be taken from the 10-foot future road widening strip line; (J) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of zone change. The report shall address the status of [he 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 with and the Planning Director acknowledges that further reports are not required;" Our records show that Final Plan Approval for an office building was issued by this office on July 19, 1994 in satisfaction of Condition C or Ordinance No. 92-91. As required by Condition D, construction of this office building should have commenced on or before July 19, 1995. Our records do not indicate a request for an extension of time by which to satisfy these conditions of approval. It appears that close to 10 years have lapsed without any action by the landowner/applicant until this most recent submittal for plan approval review. In fact, an annual progress report has never been submitted. Ordinance No. 92-91 does not permit me to grant administrative time extensions beyond the original performance tiineframe nor does it allow me to grant multiple time extensions. Therefore, you must submit your written request to this office, along with a filing fee of $250, for consideration by the Hawaii County Council. Other areas of concern include plans, as submitted, that failed to include the 10-foot future road widening setback along its Kilauea Street frontage. Landscaping plans shall comply with the requirements of Planning Department Rule No. 17, and include an irrigation plan. In addition, we have been informed by the Department of Public Works that the makai two-thirds (2/3) of the subject property is situated within the Flood Zone AE with a baseflood elevation of roughly 27 feet. We encourage the applicant to contact the Department of Public Works-Engineering and Building Divisions to determine the necessary requirements for construction within a defined flood zone. Due to the deficiencies noted above, we are unable to issue approval of plans for the proposed office building and will await a decision by the County Council before any further action is taken by this office. Mr. Bnice Hansen Concepi Construction, inc. Page 3 March 29, 2004 Please feel free to contact Daryn Arai of this office should you have any questions. Sincerely ~ ~ / 6 1~2J ~%'~jL.tS i_ CHRIS OPHER J. yUEU/Nl Planning Director DSA:da P:\WP W IN60\DSA\2004\LConceptPA2-2-28-29. doc xc: • Planning Division REZ 627 DPW-Engineering (Hilo) DPW-Building (Hilo) Dr. Alan Takase 287 Kanoelani Street Hilo, HI 96720 Robin Kealoha Black 43 East Lanikaula Street Hilo, HI 96720 Robin Kealoha Black March 10, 2004 Mr. Christopher Yuen _ - , Hawaii County Planning Director ~ Re: TMK 2-2-28: 29 (47,000+ sf) CG-10 zoning ' Proposed Commercial Development Dear Mr. Yuen, I am writing to you because of a proposed commercial development of parcel 29. Dr. Alan Takase, MD now owns parce129. He has submitted development plans to the Planning Department for Final Plan Approval. According to Dr. Takase, he plans to build a 2-story professional building at this location. The developer is Bruce Hansen. Where parcel 29 is located, our family has lived in this neighborhood my eniire life. Many of the current resident -owners have lived in their homes for decades, some for over 45 years. My family owns our home and two other adjacent residential properties. As property owners and residents who will be directly impacted by this development, we wish to state our concerns. Furthermore, I have been authorized to speak on behalf of the other 4 neighboring residents. According to the Dept. of Public Works, only a stockpiling permit has been issued to parce129; however bulldozers and earthmoving equipment are on the lot. Material that looks like construction debris is being dumped on the property and graded flat, slowly changing the contours of the land. This is being done now without a grading permit. Bruce Hansen stated that this material was being piled to raise the elevation for flood control purposes. According to comments from the Chief Engineer (10/12/88) regarding the initial rezoning request, under item 4, it is noted that "The makai half of the properly is in Flood Hazard zone AE El.2T' Can the lot be reshaped and the elevation changed without a legal grading permit? According to Ordinance 92-91 (effective: August 18, 1992) it amended Ordinance 89-50. 1. Condition C required final plan approval to have been obtained within one year of August 18, 1992, the effective date of the amendment. This was not done. 2. The new owners cannot comply with this condition since final plan approval was required by August 1993, eleven years ago. 3. In addition, Condition J required timely Annual Progress Reports to be filed before the effective anniversary date of the zone change. The former owners made only one such report. According to the ordinance, Condition J has not been met. There have not been timely reports Fled annually. 43 East Lanikaula St. Hilo HI 96720 email rkblack@bigisland.com E113t~ Condition K stipulated that if any of the conditions are u~unet, cr not substantially complied with in a timely fashion, the Director shall initiate rezoning ofParce129 to its original residential zoning, or something more appropriate. Tltis is a mandatory action required of the Planning Director. Request 1. Because of the failure to comply with the law of Ordinance 92-91 I request that review of development plans be stopped immediately. 2. Ifplan approval proceeds despite my request, we want to be notified and receive a copy of the final plan approval. Under zoning code section 25-2-78, we will consider appealing to the County Board of Appeals the final plan approval decision. 3. I request that as stated under condition J the Planning Director initiate rezoning of parcel 29 to its original residential zoning (RS-10J or to a more approprrate zoning. In reviewing the County of Hawaii Planning Department Background Report at p.2 (4/3/92) I see that staff reached the same conclusion. Please inform me in writing what decisions you have arrived at. I can be reached by email at rkblack car b;g;sland com. We would be happy to meet with you to discuss this problem. Si erely, A r r ? Robin Kealoha Black Cc: Mark and Iva Goldman Cc: Robert Rogers Cc: Fusae Miyamoto Cc: Tatiana Paz Cc: Eric Ishihara Cc. Marion Aguiar Cc: Dept of Public Works, Engineering Division Cc: Alan Takase, MD RDJSM-AmendCundC&F.jwd OS-14-04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DJSM, LLC CHANGE OF ZONE ORDINANCE NO. 92 91 (REZ 686) AMENDMENT TO CONDITIONS C AND F Upon review of the request, the Planning Director recommends that a favorable recommendation to amend Condition C and an unfavorable recommendation to delete Condition F of Change of Zone Ordinance No. 89 50, as amended by Change of Zone Ordinance 92 91, be forwarded to the Hawaii 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. The favorable recommendation to amend Condition C is based on the following findings: Condition C of Ordinance No. 92 91 states: "Final Plan Approval shall be secured within one year from the effective date of this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured." The applicant is requesting an amendment to Condition C (secure Final Plan Approval) of Change of Zone Ordinance No. 89 SQ as amended by Ordinance 92 91, to allow one year from the effective date of this new amendment to secure Final Plan Approval. Effective Apri126, 1989, Ordinance No. 89 50 changed the district classification of the property from Single Family Residential (RS-10) to General Commercial (CG-10). The original applicant, Paul H. Rosendahl, had proposed to subdivide the parcel into three 10,000 + square foot lots to be developed for commercial office use, but later decided not to subdivide the parcel. Effective August 18, 1992, Ordinance 92-91 amended Ordinance No. 89 50 by deleting Condition C relating to Final Subdivision Approval. -1- c-~oa- C~~1f 3"3> The inability of the applicant to comply with the requirement of Condition C Change of Zone Ordinance No. 92 91 is the result of conditions that could not have been foreseen or are beyond the control of the applicant. The new owner and applicant, DJSM, LLC, has recently purchased the property and has submitted a time extension request to comply with the conditions of Ordinance 92 91. The reasons for the condition not being met were not a result of the new owner's actions and were beyond the applicant's control. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for high density urban uses. The current zoning of General Commercial (CG-10) for the property is consistent with the existing General Plan Designation in the area. The County Zoning Code has subsequently been revised since this rezoning and amendment was approved. However, compliance with all applicable requirements such as setback, height and landscaping is required. The applicant has secured a Condition Letter of Map Revision (CLOMAR) to allow development within the Federal Emergency Management Agency (FEMA) designated floodway within the parcel. All essential utilities and services are available to the site. The granting of this request would not be contrary to the original reasons for granting the change of zone request. Based on the above findings, the request to amend Condition C would not be contrary to the original reasons for approving the Change of Zone. It is recommended that a favorable recommendation be forwarded to the County Council with the following changes to Ordinance No. 92 91. (Material to be added is underscored): C. "Final Plan Approval shall be secured within one year from the effective date of this new amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-[244]2-75 (Zoning Code), plans shall be submitted a minimum of [€erty~rve]thirtV days prior to the date by which plan approval must be secured." The accompanying draft bill to amend Conditions C of Ordinance No. 92 91 is provided for your favorable consideration. The applicant has also submitted a request to delete Condition F of Change of Zone Ordinance No. 92 91. The unfavorable recommendation to delete Condition F is -2- based on the following findings: According to the City of Hilo Zone Map, Kilauea Avenue is proposed to be widened to an 80- foot right-of--way. The City of Hilo Zone Map has not changed in this area since the original reason for requiring this condition. The request to delete Condition F would be contrary to the original reasons for approving the Change of Zone. Tn a comment letter from the Department of Public Works, they defer the decision of this condition to the Planning Department. They state in the comment letter that presently, there are no plans by this department (DPW) to widen Kilauea Avenue. However, in anticipation of future traffic congestion, a traffic study has suggested the conversion of Kilauea Avenue and Kinoole Street into aone-way couplet between Ponahawai and Puainako Streets. Kilauea Avenue will still function as an arterial under that proposed circulation pattern. -3- BILL NO. (rr.~Iarc ~rru7r~v~r ) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 92 91 WHICH AMENDED ORDINANCE NO. 89-50, WHICH RECLASSIFIED 47,080 SQUARE FEET OF LAND FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-28:29. BE IT ORDAINED BY THE COUNCIL OP THE COUNTY OF HAWAII: SECTION Ordinance Nos. 92 91 and 89-50 are amended as follows: "SECTION 1. Section [~5-1--1~4] 25-8-33, Article [3] 8 Chapter 25 (Zoning Code) of the Hawai"i County Code, is amended to change the district classifcation of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawai"i, shall be General Commercial (CG-10): SECTION 2. These changes in district classification are 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 submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Policy" within ninety days from the effective date of the change of zone ordinance; (C) Final Plan Approval shall be secured within one year from the effective date of this new amendment. To assure adequate time for plan approval review and in -1- accordance with Chapter 25-[~44] 2-75 (Zoning Code), plans shall be submitted a minimum of [€erfy-fie] thirty days prior to the date by which plan approval must be secured; (D) constriction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter; (E) access shall meet with the approval of the Department of Public Works. The sidewalk Crontiug the subject property along Kilauea Avenue shall be reconstructed in a manner meeting with the Department of Public Works prior to the issuance oC any occupancy permit or Final Subdivision Approval, whichever comes first; (F) a ten-foot wide road widening strip along Kilauea Avenue shall be delineated on the plans submitted for subdivision and for plan approval review. No structural improvements shall be allowed within this road widening strip, provided however, any required landscaping may be permitted within this strip. Further, applicable setbacks shall be taken from the 10-foot future road widening strip line; (G) a drainage system shall be installed in accordance with the requirements of the Department of Public Works; (H) all applicable County and State laws, rules, regulations and requirements shall be complied with; (I) 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 may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; -2- (J) an annual progress report shall be submitted to the Planning Director prior to the anniversary dale of the effective date of zone change. The report 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 with and the Planning Director acknowledges that further reports are not required; and ~K) ~ ~''.~^z' 1 °~rrti~r. '.°-vrticr.@- « F~ e-iroarnsEanee~ F 1. «.i al,,. ....«a.,.l ..F~ , l a L. 1 Fal F .Ia ,.I:..e«.. ~-7g...,,.. lrmoi6irinb-~..e Z~.~C~n .,i,. ..1.I «..f L. «r~..... a.. ai.o «..1 ~2as - F H a'«D ,.Fake f`l. ~F ZSU.1 D „fem.] ,.1...11 t.o f ~_..o.-+..~1_~.oa a,. ~.1 al.e .~~I Pte`^'«°`,1`:'a':`,'., a,. 1.,, «e.-f ~r ,..e Y .rrci-rrrre'EJEEP, > 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. -3- Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director [shall] may initiate rezoniug of the area to its original or more appropriate designation." SF,C'I'ION 2. Material to be deleted is bracketed and material to be added is widerscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such iuvalidily shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUI~iCIL M>~VIBEI~, CO~JNTY O WAI`I Hawaii ~ Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4- -/i 1 R 9 'o ~ O 3 ~ ~ , _ ~'}OLq f S = '3 - 1 - SF~EC-~- I C ~ ~ ! _ Q 3~ I ~ !9 ~O I s - ~ r / 0 LONO STREET U Rsl o ~ ~l SiNOLG FAMILY ce- ,QO-3 'v ~ RGa'S1CI3NTIAL (85-10) 2e - !g-.p 2 Te 6GNtfRAL to le rz^ COMMERCIAL (CG-10) ~ ' q ~ ARL~A ~ 47 G80 Sm.FT. I a-~ U .e Q / !s :e Un a~a.4s ~"UP~~ h: , ~e ~ -~JI -a 4 Q eQ ~s. o~.~e••_ I IS o'1 e 'i•aas. asps . Y ,i.~_le ~ UNI~aRpITY R Nr - ~ 1~ - ~ Y'~ RB~10 MILO NUR~CRY - ` ~ ANO A!lpO R~TUM j G N Z ~Ap ~ s G l ~ "9 AMENDMENT TO THE ZONING CODE _ AMENDING SECTION '25-114 CITY OF HIt_O ZONE MAP) ARTICLE 3, CHAPTElQ Z5 ZONING CODC) OF THE HAWAII COUNTY CODE, BY CHANGING TT-iC DISTRICT CLA85IPICATION F1ROM BINDLE FAMILY RC-5IDEN- TIAL. ~r''is-l0) TO GCNERAL COMMCRCIAL ~CG-IO) AT WAIAKEA, SOUTH HILO, HAWAII. 1°REPAREO BY ~ PLANNING DCPA RTM ENT COUNTY OF F-fAWAtI TTVI K-~ ~-~-~B DEC. 7. IgBB EXHIBIT IIA"