HomeMy WebLinkAboutCOM 0410.000 2004-2006 ~,NSV Oe N,w'r
Harry Kim ~6t~• llixie Kaetsu
Mayor Managing Detector
: _ Pe[er L. Hendricks
art oi'M~~~ Deputy MarmgFng Dtrec[or
COUNTY OF HAWAII '
21i Aupuni Street Room 215 Hlo, Hawaii 96720-4252 (808) 961-821 I • Fax (808) 961-GSS3
KONA: 75-5706 Kuakfni Highway, Suitc 103 • Kailua-Kona, Hawaii 96]40
(808) 329-5226 Fax (80R) 326-5663
August 18, 2005
Honorable Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 9672()
Dear Chairman Higa and Members:
Change of Zone Application (REZ OS-005)
Applicant: Timotlry DeLozier
Request: RS-10 to CN-10
Tax Map Key: 2-2-27:42
Change of Zone Application (REZ OS-007)
Applicant: Craig & April Nakagawa
Request: RS-15 to RS-10
Tax Map Key: 2-4-9:26
(Change of 'Lone Application (REZ OS-006)
Applicant: I~oward DeLima, .ir. & Napua DeLima
Request: RS-10 to ML-20
Tax Map Key: 2-2-35:9 and ]0
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,
/~'~~1/ n 01r /
I"
Harry Kim
Mayor
rnsosos Comm. No. ~
Enclosures Ref. To:
cc: Planning Department RF#, UflSe
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Hmvai'i County is an Equal Opportunity Employer and Provider
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County of Hawaii
PLANNING COMMISSION
Aupuni ('enter • I01 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 • Fax (808) 961-8742
April 18, 2005
Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
Change of Zone Application (REZ OS-006)
Applicant: Howard DeLima, Jr. & Napua DeLima
Request: RS-10 to ML-20
Tax Map Key: 2-2-35:9 and 10
The Planning Commission, after a duly held public hearing on August 5, 2005, voted to
recommend for your approval the proposed legislative bill to change the district classification
from a Single Family Residential 10,000 square foot (RS-10) to a Limited Industrial - 20,000
square foot (ML-20) district. The properties are located at the southwestern comer of the
Kalanikoa Street-Hualani Street intersection, Waiakea Houselots, South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicants are requesting a Change of Zone for 45,800 square feet of land
from aSingle-Family Residential - 10,000 square foot (RS-10) to a Limited Industrial -
2Q000 square foot (ML-20) district in order to relocate their plumbing business. The
applicants intend to consolidate the two existing parcels and will demolish Che existing
structures. Anew 12,800 square foot (80' x 160') steel-framed structure will be
constntcted.
Hawaii County is an Equal Opportunity Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
Page 2
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the Genera] Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from a Single Family Residential (RS-10) to Limited
Industrial (MI~20) zoned district will conform to the goals, policies and standards of the
Economic, Land Use and Industrial Elements of the General Plan. The proposed change
of zone request from RS-10 to ML-20 would further the County's goals of providing an
economic environment which allows new or existing businesses to expand and diversify
the County's economic base, and also increase choice of occupations. The proposed use
would be consistent with the following goals, policies and standards of the Economic,
Land Use and Industrial Elements of the General Plan.
Economic Element:
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
• Strive for diversity and stability in its economic system.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
• Strive for an economic climate that provides its residents an opportunity for
choice of occupation.
• Strive for diversification of the economy by strengthening existing industries and
attracting new endeavors.
Stacy Higa, Chairman
and Members of the County Council
Page 3
The applicants will be providing residents who live in this area of South Hilo with more
opportunities for services and employment. The applicants will be able to strengthen
their existing plumbing business by being allowed the opportunity to own and build on
the subject site.
Land LJse Element:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
• Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access and public need.
The proposed change of zone is located in an area designated in the General Plan
to allow industrial uses. The request compliments the projected light industrial needs of
residents within this vicinity of South Hilo.
Industrial Element
• Designate and allocate industrial areas in appropriate proportions and in keeping
with the social, cultural and physical environments of the County.
• Achieve a broader diversification of local industries by providing opportunities
for new industries and strengthening existing industries.
• Locate industrial areas convenient to transportation facilities, and provide a
variety of industrial zoned districts and lot sizes, depending on the needs of the
industries and the communities.
Stacy Higa, Chairman
and Members of the County Council
Page 4
• Industrial development shall be located in areas adequately served by
transportation, utilities and other essential infrastructure.
The proposed change of zone will strengthen the applicant's existing business,
which will be located in an area adequate served by transportation, utilities and essential
infrastructure.
The proposed rezoning action conforms to the LUPAG Map, which designates the
area for Industrial Development. The Land Use Pattern Allocation Guide (LUPAG) Map
component of the General Plan is a representation of the document's goals and policies to
guide the coordinated growth and development of the County. It reflects a graphic
depiction of the physical relationship among the various land uses. The requested change
of zone to a ML-20 district conforms to the LUPAG Map, which designates the properties
and its surrounding area as Industrial. Such designation includes uses such as
manufacturing and processing, wholesaling, large storage and transportation facilities,
light industrial and industrial-commercial uses. Therefore, the requested Limited
Industrial zoning is consistent with the Industrial designation on the LUPAG Map for this
area of South Hilo.
The Change of Zone request from a Single Family Residential (RS-10) to Limited
Industrial (ML-20) zoned district is not consistent with the Hilo Community
Development Plan for this area. The Hilo Community Development Plan, which was
adopted in 1975, designates the area for residential uses. However, the Hilo CDP is in
need of being updated, as this area is in transition from residential to commercial and
light industrial uses in the General Plan.
The advantage of this area for industrial zoning is its location inclose proximity
to water, air transportation terminals, harbor facilities and the residential population of
Hilo. The proposed change of zone would complement the existing industrial and
commercial land uses that already exist in this area and will provide for an orderly
development of the area.
Stacy Higa, Chairman
and Members of the County Council
Page 5
The properties are located within an area adequately served with essential services
and facilities such as water, sewer, transportation systems and other utilities. Access to
the subject properties will be from Kalanikoa Street and Hualani Street, which are County
roadways. A condition will be added requiring the applicants to provide full
improvements to the entire frontage along Kalanikoa and Hualani Streets consisting of,
but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage
improvements, and any required utility relocation, based on comments received from the
Department of Public Works.
The properties have County water and are connected to the County sewer system.
All wastewater generated will be disposed into the County sewer system. All other
utilities and services are available to the subject properties.
The properties have no severe geological or topographical problems which cannot
be rectified or which would render the land unusable. The properties are located within
Zone X, an area determined to be outside the 500-year floodplain. Based on comments
from the Department of Public Works, all development generated runoff shall be
disposed of on site and shall not be directed toward any adjacent properties. The
Department of Public Works has requested a drainage study, which shall be included as a
condition of approval, along with any drainage improvements as required.
The properties are situated within close proximity to commercial areas,
employment centers and public safety services. There are several commercial and
employment centers located within one or two miles from the subject properties. These
include the Waiakea Center, the Prince Kuhio Mall, and businesses along Kalanikoa
Street to the north, Piilani Street, Kanoelehua Avenue and others.
Public safety services within the area include the Hilo Central Fire Station located
on Kinoole Street, the Police Headquarters located on Kapiolani Street, and the Hilo
Medical Center located approximately 3 miles from the properties.
The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management. The properties are not located in the Special
Management Area. The site is not proximate to the shoreline and therefore will not be
impacted by coastal hazard and beach erosion. There is no record of a designated public
access that traverses the properties. No valued cultural, historical or natural resources
exist on the properties and there is no evidence of any traditional and customary Native
Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed
request will have any adverse impact on cultural or historical resources in the area.
Stacy Higa, Chairman
and Members of the County Council
Page 6
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O
Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
• The valued cultural historical, and natural resources found in the rezoning area:
There are no valued cultural, historical and natural resources found in the rezoning
area. The properties were previously disturbed for the construction of dwellings.
• Possible adverse effect or impairment of valued resources: Given the scope of
work previously conducted and the property's urban setting, no known rare,
threatened, or endangered species are known to inhabit the parcel or are expected
to be discovered on the site.
• Feasible actions to protect native Hawaiian rights: To the extent to which
traditional and customary native Hawaiian rights are exercised, the proposed
action will not affect traditional Hawaiian rights; therefore, no action is necessary
to protect these rights.
Based on the above findings, approval of this change of zone request from Single Family
Residential (RS-10) to Limited Industrial (ML-20) zoned district would result in an appropriate
land use pattern that will further benefit the general public.
For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of
the County Zoning Code is transmitted.
Stacy Higa, Chairman
and Members of the County Council
Page 7
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Fre Galdones, Chairman
Planning Commission
Ldelima02pc
Enclosures
cc: Mr. and Mrs. Howard DeLima
Mr. Brian Nishimura
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources-HPD/Kong
BDeLima-RE"LOS-OOG.jwd 07-20-OS
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
HOWARD (JR). AND NAPUA DELIMA
CHANGE OF ZONE APPLICATION NO. OS-006
HOWARD (JR). AND NAPUA DELIMA have submitted an application for a
Change of Zone for 45,800 square feet of land from a Single Family Residential - 10,000
square foot (RS-10) to a Limited Industrial - 20,000 square foot (ML-20) district. The
properties are located at the southwestern corner of the Kalanikoa Street - Hualani Street
intersection, Waiakea Houselots, South Hilo, Hawaii, TMK: 2-2-35: 9 and 10.
APPLICANT'S REQUEST
l . Request: The applicants are requesting a Change of Zone for 45,800 square feet
of land from aSingle-Family Residential - 10,000 square foot (RS-10) to a
Limited Industrial - 20,000 square foot (ML-20) district in order to relocate their
plumbing business. The applicants have been notified that their current lease at
190 Kuawa Street will be terminated in March of 2006. The applicants would
prefer to construct a new facility on property they already own rather than find
another facility to lease or purchase. The applicants intend to consolidate the two
existing parcels and will demolish the existing structures. Anew 12,800 square
foot (80' x 160') steel-framed structure will be constructed.
2. Construction Timeframe and Cost: The projected completion date for
construction is March of 2006. The estimated cost of the project is approximately
$600,000.
3. Number of Employees: The applicants will have approximately 10 employees
associated with the plumbing business.
4. Hours of Operation: 7:00 a.m. to 3:30p.m., Monday through Friday.
5. Supportive Information: The applicants, who are the listed owners of the
properties, have submitted the following in support of their request. (See Exhibit
A -Change of Zone Application)
STATE AND COUNTY PLANS
6. State Land Use Designation: Urban.
ATTACH: Come. 410
Bill 141
1
7. General Plan LUPAG Map: Industrial. This area was recently changed from
Low Density Urban to Industrial, which includes uses such as manufacturing and
processing, wholesaling, large storage and transportation facilities, light industrial
and industrial-commercial uses.
8. Hilo Community Development Plan: The Hilo CDP adopted by Resolution in
1975 by the Planning Commission designates the area as RS-10.
9. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii
lies within the Coastal Zone Management Area. The intent of the Coastal Zone
Management Program is to guide and regulate public and private uses in the
coastal zone management area with respect to recreational resources, historic
resources, public access to the shoreline, scenic and open space resources, coastal
ecosystems, marine resources, economic uses, coastal hazards, managing
development, public participation, and beach protection. The properties are
located approximately 3,600 feet from the nearest coastline and therefore, will not
be impacted by coastal hazard and beach erosion.
10. Special Management Area (SMA): The Special Management Area is a part of
the Coastal Zone Management Program and regulated by the County. The
properties are not located within the Special Management Area. There are no
identified recreational resources, historic resources, public access to the shoreline
or mountain areas, scenic and open space preserves, coastal ecosystems, marine
resources or other natural and environmental resources in the area.
DESCRIPTION OF PROPERTIES AND SURROUNDING AREA
11. Subject Properties: The subject properties, which consists of two separate
parcels, tota145,800 square feet in size. There is asingle-family dwelling located
on each parcel. The dwelling on parcel 9 was built in 1942 and is in poor
condition. The dwelling on parcel 10 was built in 1939 and is in very poor
condition. Both parcels have existing paved driveways and have landscaped
yards.
12. Surrounding Zoning/Land Uses: Adjacent surrounding properties are zoned
RS-10 and are mainly in residential uses. To the north along Kalanikoa Street are
properties zoned RS-1Q ML-10, ML-20 and CG-7.5. This area includes
2
warehouses that have large bays containing different types of industrial and
commercial businesses. These businesses include Hirayama Brothers Electric, Z
Sports, Precision Auto Glass and others. To the south along Kalanikoa Street and
to the west on Hualani Street are properties zoned RS-10. To the east along
Hualani Street are properties zoned RS-10 and ML-10. Further east across
Kanoelehua Avenue is the Hilo International Airport, which is zoned Limited
Industrial (ML-20). There are older single family dwellings located on each side
of the property, except across Hualani Street, where there is an office and
upholstery business.
13. Land Study Bureau's Detailed Land Classification System: Urban
development.
14. U.S. Soil Survey: Keaukaha extremely rocky muck with 6 to 20 percent slopes
(rKFD) by the U.S. Department of Agricultural Soil Conservation Service Soil
Survey. The Keaukaha soil series consists of well drained, thin organic soils over
pahoehoe lava bedrock.
15. FIRM: Zone "X", an area determined to be outside the 500-year flood plain.
16. Flora/Fauna Resources: According to the applicants, the entire parcel has been
previously graded and developed for single family residential use since 1939 and
1942. As the properties have been developed with single family dwellings for
over a 60 year period, it is highly unlikely that any floral and Fauna resources are
present on the subject properties.
17. Archaeological/HistoricaUCultural Resources: The entire site has been
previously cleared, graded and developed. Given the circumstances, it is highly
unlikely that any historic sites remain on the properties. The applicants have
requested a "no effect" letter from the Department of Land and Natura] Resources
Historic Preservation Division (DLNR-HPD) on April 13, 2005.
18. Public Access: There is no record of a designated public access to the shoreline
or mountain areas that traverses the properties.
19. Industrial Rezonings in the Vicinity: The following rezonings have been
approved in the area of this application:
3
A. TMK: 2-2-37:48: Ordinance No. 78-397 (REZ 312) effective 11/21/78
from RS-10 to ML-20 for Hawaii Petroleum Distributors, Inc., presently
the site for Minit Stop self service station.
B. TMK: 2-2-35:64: Ordinance No. 83-857 (REZ 428) effective 3/16/83
from RS-10 to ML-20 for Rainbow Petroleum Co., presently the site of the
Aloha Petroleum self-service station.
C. TMK: 2-2-35:62: Ordinance No. 85-10 (REZ 486) effective 2/25/85 from
RS-10 to ML-20 for Tracy Lewis, presently the site of the Tracy Lewis
Building.
D. TMK: 2-2-35:30: Ordinance No. 85-12 (REZ 487) effective 2/25/85 from
RS-10 to ML-20 for George Britto, presently the site of a large warehouse
that houses businesses such as Z Sports and Precision Auto Glass.
E. TMK: 2-2-35:99: Ordinance No. 88-95 (REZ 593) effective 6/15/88 from
RS-10 to ML-10 for Edward and Melva Hirayama, presently the site of
Hirayama Brothers Electric.
F. TMK: 2-2-35:31: Ordinance No. 91-38 (REZ 686) effective 5/1/91 from
RS-10 to ML-10 for the Hirayama Brothers Electrical, Inc., presently
developed with a single family dwelling.
G. TMK: 2-2-35:47: Ordinance No. 97-93 (REZ 862) effective 6/18/97 from
RS-10 to ML-20 for Gerald Kodama, presently vacant.
H. TMK: 2-2-35:91: Ordinance No. 97-147 (REZ 873) effective 12/3/97
from RS-10 to ML-] 0 for William Brilhante, presently the site of ICI
Paints.
I. TMK: 2-2-35:59: Ordinance No. 98-80 (REZ 893) effective 7/15/98 from
RS-10 to ML-] 0 for Bruce Hansen, presently the site of Concept
Construction, Inc.
PUBLIC UTILITIES AND SERVICES
20. Access: Access to the subject properties will be from Kalanikoa Street and
Hualani Street, which are County roadways. Kalanikoa Street has a 20-foot
pavement within a 50-foot right-of way. Hualani Street has a 20-foot pavement
within a 40-foot right-of--way. The Department of Public Works commented that
4
the applicants shall provide full improvements to the entire frontage along
Kalanikoa and Hualani Streets consisting of, but not limited to, pavement
widening with concrete curb, gutter and sidewalk, drainage improvements, and
any required utility relocation. The applicants shall also provide a minimum 20-
foot property line curve radius at the intersection of Kalanikoa and Hualani
Streets. The curve radius shall incorporated any future road widening setback(s)
as established by the Planning Department.
21. Water: The Department of Water Supply commented that the parcels currently
have an existing service lateral fora 5/8-inch meter with the Department. Based
on the prevailing water situation in the area, additional water can be made
available from an 8-inch waterline along Kalanikoa Street, which fronts the
subject parcels, with a connection size subject to review and approval during the
construction design phase of the proposed development.
22. Wastewater: The proposed project will utilize the existing sewer line along
Kalanikoa Street. All wastewater generated will be disposed into the County
sewer system.
23. Drainage: The Department of Public Works commented that the parcels are in
an area designated as Zone X, an area determined to outside the 500-year flood
plain. Al] development generated runoff shall be disposed of on site and shall not
be directed toward any adjacent properties. A drainage study shall be prepared,
and the recommended drainage system shall be constructed meeting the approval
of the Department of Public Works.
24. Essential Utilities and Services: Electric and telephone are available to the
project site. The nearest Fire Station is located approximately one mile away on
Keaa Street. The main Police Station is located approximately 1.5 miles away.
Hilo Hospital is located approximately 3.1 miles away.
AGENCIES' COMMENTS
25, Department of Environmental Management (May 31, 2005 Memo):
"Both parcels are connected. Commercial operations, State and Federal agencies,
religious entities and non-profit organizations may not use transfer stations for
disposal. Aggregates and any other construction/demolition waste should be
5
responsibly used to its fullest extent. Ample room should be provided for
implementation of a recycling program. Greenwaste maybe transported to the
green waste sites located at the Kailua and Hilo transfer stations, or other suitable
diversion programs. Construction and demolition waste is prohibited at all
County Transfer Stations."
26. Police Department (June 16, 2005 Memo):
"Staff, upon reviewing the provided documents and visiting the proposed site,
does not anticipate any adverse public safety concerns. Should this application be
approved, there will be minimal increase in traffic."
27. Department of Health (June 22, 2005 Memo)
"The subject project is located within or near proximity to the County sewer
system. All wastewater generated shall be disposed into the County sewer
system."
28. Department of Public Works (See Exhibit B -June 24, 2005 Memo)
29. Department of Water Supply (See Exhibit C -June 27, 2005 Memo)
30. Fire Department (See Exhibit D -June 16, 2005 Memo)
AGENCIES - NO RESPONSES
31. Department of Land and Natural Resources -Land Division and Historic
Preservation Division.
APPLICANT'S RESPONSE
32. The applicants have submitted response letters to comments received from the
Department of Public Works, the Department of Water Supply, the Department of
Environmental Management, the Police Department, and the Fire Department.
(See Exhibit E -Letters Dated July 12, 2005)
PUBLIC COMMENTS
33. The Planning Department has received the following letter:
A. Bruce Hansen of Concept Development dated May 23, 2005. (See
Exhibit F -Letter dated May 23, 2005)
6
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Howard De Lima, Jr. and Manua2DeLima~
APPLCCANT'S SIGNAT`URE.~CA,CXLtG f I ~ t~>~~-'n"' DATE: 5/ll/OS
ADDRESS: 1780 Ainaloa Dr. v
Hilo, Hawaii 96720
LIST APPLICANT'S INTEREST IF NOT OWNER: Owner
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (808) 935-8806 (Res.) (Fax)
LANDOWNER(S): Same as applicant
LANDOWNER SIGNATURE(S): DATE:
(May be by letter)
LANDOWNER(S) ADDRESS:
REQUEST: RS-10 TO ML-20
(Existing wring) (Proposed Zoning)
TAX MAP KEY: (3) 2-2-35: 9 10
STREET ADDRESS OF PROPERTY: 538 Kalanikoa Street
Hilc, Hawaii 96720
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 45 , 800 Souare Fee'
AGENT: Brian tiishimura, PLanninc Consultant
ADDRESS: 101 Aupuni Street, Ste. 217
Hi 1o, Ha:~aii 96720
TELEPHONE:(Bus.~ R(lR 1 935-7692 (Res.)( 808) 935-7486 (Fax) (808) 935-6126
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: ?1cpLicant COPIES: Agent
EX IBIT
ATTRCHMEN'C
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COANTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
if your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone?
If mss, please answer the rest of question I and then to
question 3.
a. How many acres of the requested area do you intend to
subdivide?
b. Into what lot sizes?
c if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval?
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a. Se11 or lease the land to someone who has firm
plans? No
b. Sell or lease the land to someone who has tentative
plans?
c. Sel:L or lease the land to someone who has no plans? nF„
Keep it? Yes
e. other pplease state)
t. If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
t What speci.fi.c hnil.ding plans do you have for, the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information which you
feel might help us in evaluating your request.
The applicants intend to build a 80' a 160' steel framed
structure to house their plumbing business. The tar,et
completion date is March, 2006 at a cost of approximately
$6G0,000.00. Financing is in Glace for the proposed
project.
4. Have you performed any study which would demonstrate a need for
your proposed building and/or development? No
if so, please elaborate on your findings in the space provided
below.
The applicant's plumbing business must be relocated
becausa the lease at their present location is not
being renewed.
S. Have you per€ormed any study which discusses the
environmental impacts your request would nave on the
surrounding area and/or the County? yeS
If so, please elaborate on your findings in the space
provided below.
A bac;cground and County environmental report *aas
prepared for the subject application. ~o significant
environmental impacts are anticipated frem the proposed
proiec „ Any potential impacts can he mitigated by
complying Faith all applicable code requirements.
6. Are there any buildings on the subject area? Yes
If so, what kind? One single family d~a=ping cn each
parcel.
What do you intend to do with those buildings if your
request is approved? The dcrellings will be demolished.
7. Is the subject land currently being used for any
agricultural activity?
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
_2_
9. To your knowledge, has there been any flooding and/or
drainage problem on the subject area? No
if so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement? ~o
If so, what kind?
Is the road adequate for the proposed traffic volume
or load? Yes
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
~s No
a. Schools X
b. Roads
Sewer X
d. Drainage X
e. Police Protection X
f. Fire Protection X
Recreational Facilities ~ X
9
h. Recreational Facilities X
i. Other
-4-
For these checked "yes," please elaborate what type or kinds of
improvements end/or assistance are needed.
11. Have you performed any historic sites study and/or survey of the
subject area? If so, what were the results? Please, also,
submit a copy of the study together with this change of zone
supplement.
A historic sites study or survey t5~as not performed for
the sabject area. Ho*.rever, a letter requesting a "no effect"
d°termination was *_ransmitted to the State Historic
Preservation Division on April 13, 2005. A cop; of the
letter with attachments is included with the change of
zone application. No response has been received from the
State Historic Preservation Division to date.
Signature: ~CIIQ d ~ fL~ ,,..~./,Qzd~i~~,.
Address: 1780 Aina a D Hilo, Hazaaii
Telephone: ~ 808 ) 935-8800
Date: 5/'_ 1/05
-5-
6338A/SOA
P. D. 5/84
CHANGE OF ZONE APPLICATION
BACKGROUND AND COUNTY ENVIRONMENTAL REPORT
APPLICANT: HOWARD DELIMA, JR. and NAPUA DELIMA
REQUEST: Single Family Residential 10,000 (RS-10) to Limited Industria12Q000
(ML-20)
TAX MAP KEY: (3) 2-2-35:9 & 10
A) SUBJECT REQUEST
1) Details of the Proposed Development:
a) Project description: Howard DeLima, Jr. and Napua DeLima (the
applicants) are requesting a Change of Zone for approximately 45,800
square feet of land from a Single Family Residential 10,000 (RS-10) to a
Limited Industrial 20,000 (ML-20) zoned district. The subject property
consists of two adjacent parcels situated on the southwestern comer of the
Kalarukoa Street-Hualani Street intersection, Waiakea Houselots, South
Hilo, Hawaii.
The applicants intend to demolish the existing structures on the subject
property and build an 80' x 160'steel framed structure with a height of
approximately 30 feet to house their plumbing business. Other
improvements proposed include perimeter fencing, landscaping and
parking. The applicants will submit a consolidation application shortly
and will immediately submit plans for the construction of the proposed
improvements upon approval of the change of zone request.
b) Statement of objectives and reasons for the request: The applicants
have been notified that their current lease, at 190 Kuawa Street, will be
terminated in March, 2006. As such, they have an immediate need to fmd
a suitable location for their plumbing business. Their preferred option is
to construct a new facility on property that they already own rather than
find another facility to lease or purchase.
c) Timeframe and cost: The applicants intend to proceed with the proposed
project immediately upon approval of the change of zone request. They
are targeting March, 2006 as the completion date to allow them to move
their business upon the temtination of their current lease. The estimated
cost of the proposed improvements is $600,000.
d) 'Traffic impacts: The traffic impacts generated by the proposed project
will he minimal and is not expected to adversely affect traffic on the
adjacent roadway system.
B) CONFORMANC~WITH STATE/COUNTY PLANS
1) State Land Use designation: The subject property is situated within the
State Land Use Urban district.
2) Applicable goals/policies and objectives of the General Plan: The
proposed project is consistent with the following goals, policies, and
objectives of the General Plan.
Land Use-General
• Designate and allocate land uses in appropriate proportions and mix
and in keeping with the social, cultural, and physical environments of
the County.
• Zone urban- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and
facilities.
• Allocate appropriate requested zoning in accordance with the existing
or projected needs of neighborhood, community, region and County.
• Encourage the development and maintenance of communities meeting
the needs of its residents in balance with the physical and social
environment.
Land Use-Industrial
• Designate and allocate industrial areas in appropriate proportions and
in keeping with the social, cultural, and physical environments of the
County.
• Achieve a broader diversification of local industries by providing
opportunities for new industries and strengthening existing industries.
• Locate industrial areas convenient to transportation facilities, and
provide a variety of industrial zoned districts and lot sizes, depending
on the needs of the industries and the communities.
• Industrial development shall be located in areas adequately served by
transportation, utilities, and other essential infrastructure.
Economic
• Provide residents with opportunities to improve their quality of life
through economic development that enhances the County's natural and
social environment.
• Economic development and improvement shall be in balance with the
physical, social, and cultural environments of the island of Hawaii.
• Strive for diversification of the economy by strengthening existing
industries and attracting new endeavors.
3) General Plan designation: The General Plan Land Use Pattern Allocation
Guide (LUPAG) Map designation for the project azea is Industrial.
4) Zoning: The zoning designation for the subject property is Single Family
Residential 10,000 (RS-10).
5) Community Development Plan: The Hilo Community Development Plan,
adopted by Resolution on May 21, 1975, designates the subject azea as Single
Family Residential 10,000 (RS-10), consistent with the existing zoning
designation.
6) Special Management Area (SMA): The subject property is not situated
within the SMA boundary.
C) PHYSICAL CIIARACTERISTICS AND ENVIRONMENTAL SETTING OF
THE PROPERTY AND SURROUNDING AREA
1) Description of the subject property: The subject property consists of two
separate parcels with each having an area of 22,900 square feet. The property
is located on the southwestern comer of the Kalanikoa Street-Hualani Street
intersection, Waiakea Houselots, South Hilo, Hawaii. There is an existing
single family dwelling on each of the pazcels. The dwelling on parcel 9 was
constructed in 1942 and is in poor condition. The dwelling on parcel 10 was
constructed in 1939 and is in very poor condition. Both pazcels have an
existing paved driveway and landscaped Yazd along with the dwelling.
2) Lava Hazard Zone: The subject property is in a region where the volcanic
hazazd, as assessed by the United State Geological Survey, is determined to be
Lava Flow Hazard Zone 3 on a scale of ascending risk from 9 to L 7.one 3
includes the lower slopes of Mauna Loa, including the entire City of Hilo,
which are gradually less hazardous than Zone 2 because of greater distance
from recently active vents and/or because the topography makes it less likely
that flows will cover these azeas.
3) Distance from the coastline: The neazest coastline is situated approximately
3,600 feet northwest of the subject property.
4) Agricultural Lands of Importance to the State of Hawaii (ALISH)
designation: The project site does not include prime, unique, or other
important agricultural land of statewide or local importance.
5) U.S.D.A. Natural Resources Conservation Services Soil Service Report
soil type: The U.S.D.A., Soil Conservation Services Soil Survev of the Island
of Hawaii classifies the soil of the subject property as Keaukaha extremely
rocky muck with 6 to 20 percent slopes (rKFD). The Keaukaha series consists
ofwell-drained, thin organic soils over pahoehoe lava bedrock. Permeability
is rapid, runoff is slow, and the erosion hazard is slight.
6) Land Study Bureau soil rating: The subject property is designated as an
urban area and was not given a soil rating.
"n Existing drainage ways or improvements: 'there are no existing drainage
ways or improvements in the vicinity of the subject property.
8) Air/noise/water quality: The air quality of the subject property is primarily
affected by pollutants derived from the volcanic emissions from the ongoing
Kilauea eruption. Other sources of air pollution affecting the project site
include exhaust emissions from neighboring streets and the airport. In
general, however, the ambient air quality of the project azea meets all federal
and state standazds as evidenced by its designation as an "attainment" area by
the State Department of Health, Clean Air Branch.
Existing noise levels in the vicinity of the subject property are influenced by
vehicular traffic on neighboring streets as well aircraft noise from the Hilo
[nternational Airport. Noise level readings taken on property fronting on
Kanoelehua Ave. for the Draft Environmental Assessment, Hilo International
Airport Project No. AHI011-03 by Y. Ebisu & Associates in September 2001,
indicated noise levels less than 60 DNL. These noise readings should reflect
higher noise levels than the subject property due to closer proximity to the
airport runway and on a major thoroughfare. Nevertheless these noise levels
are considered to be "moderate exposures" by federal standazds and well
within guidelines for commercial, industrial and other non-noise sensitive Land
uses.
The closest water body to the project area is the Waiakea Pond, approximately
2,000 feet west of the project site. As such, the proposed change of zone is
not anticipated to have any impact on water quality.
9) Existing archaeological, cultural or historic sites on National Register or
Hawaii Register: Due to the development and use of the subject property for
single family residential purposes since 1939, it is highly unlikely that any
archaeological, cultural or historic sites are present on the property. A letter
dated April 13, 2005, was transmitted to the State Historic Preservation
Division requesting a "no effect" determination for the subject application.
No response from the State Historic Preservation Division has been received
to date.
10) Existing floraUfaunal resources (any native or exotic plants; any listed or
candidate for endangered species): The entire parcel has been previously
graded and developed for single family residential use since 1939 and 1942.
respectively. There is no habitat that would appeaz valuable for native
terrestrial or aquatic species. The disturbed, urban qualities of the site make it
poorly suited as habitat for any listed or candidate for endangered species.
11) Scenic or coastal resources: The predominant scenic views in the vicinity of
the project area are of Mauna Kea and Mauna Loa. These views will not be
adversely affected by the proposed rezoning. There aze no coastal resources
in the immediate vicinity of the subject property.
12) Social settlement pattern for the area: The project azea is within an azea of
transition which was previously predominantly single family residential in
character. Land uses in the vicinity are a mix of residential, light industrial
and commercial uses. There are a wide variety of land uses within a '/z mile
radius of the subject property including churches, gas stations, restaurants,
used car lots, convenience stores, personal service providers, government
oY4ices and#ight industrial uses.
13) Economic resources of the area: The project azea is situated in close
proximity to employment centers, shopping centers, schools, churches, public
and private service providers, and airport and wharf facilities.
14) Land values, According to Real Property Tax assessed values, the subject
parcels have an assessed land value of $94,400 with the existing RS-10
zoning. Similar sized parcels in the vicinity that have an Industrial zoning
designation have assessed land values of approximately $175,000 to
$190,000.
15) Land use: Land uses in the vicinity are a mix of residential, light industrial
and commercial uses. There are a wide variety of land uses within a %2 mile
radius of the subject property including churches, gas stations, restaurants,
used caz lots, convenience stores, personal service providers, government
offices and light industrial uses.
16) Zoning: The majority of the parcels on Kalanikoa Street and Hualani Street
are zoned Single Family Residential 10,000 (RS-10). The existing zoning
designations reflect the former General Plan Land Use Pattern Allocation
Guide (LUPAG) Map designation which was Low Density Urban until the
recent General Plan revision, adopted in February, 2005. The block north of
the subject property, between Hualani and Piilani Street includes parcels that
aze zoned General Commercial and Limited Industrial.
D) PUBLIC FACILITIES AND SERVICES
1) Description of access: Access to the subject property is provided by
Kalanikoa Street and Hualani Street which are County roads with right-of--way
widths of 50 feet and 40 feet, respectively and pavement widths of 20 feet.
2) Availability of water: Water is available from an 8-inch line along
Kalanikoa Street.
3) Sewage disposal The proposed project will utilize the existing sewer line
along Kalanikoa Street.
4) Solid waste: There is no municipal collection system for solid waste in the
County of Hawaii. All waste generated by the proposed project will be
disposed at appropriate sites designated by the Department of Environmental
Management.
5) Police and fire protection: 'I~he police station is situated approximately LS
miles away and the closest fire station is the Waiakea Fire Station situated
approximately 1 mile northeast of the project site.
6) Schools: The proposed project will not have any impact on schools in the
area.
7) Parks: The County's Hoolulu Park complex is situated approximately 1,000
feet north of the subject property.
8) Other utilities and services (telephone/electricity): The subject property is
served by electrical and telephone lines from Kalanikoa Street.
E) ENVIRONMENTAL ASSESSMENT AND ANALYSIS
1) Relationship between local short term uses of environment and
maintenance and enhancement of long term productivity: The project
area has been committed to single family residential use for over 60 years.
Approval of the subject change of zone application will allow the property to
transition from single family residential to industrial use which is consistent
with the General Plan LUPAG Map designation.
~j Mitigative irreasures proposed to avoid, minimize, rer:tify or reduce
impact: Impacts resulting from the proposed change of zone aze expected to
be minimal, Any potential impacts can be mitigated by complying with all
applicable code requirements.
3) Alternatives to the proposed development: In the event that the change of
zone application is denied, the RS' 10 zoning will remain and the applicants
will have to fmd another suitable location for their plumbing business.
4) Irreversible and irretrievable commitments of natural resources that
would be involved if the proposed action is implemented: The subject
property has been utilized for single family residential use for over 60 yeazs.
As such, the natural resources of the azea have already been committed for
urban use for many yeazs.
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DtPARTMENT OF PUBLIC WORk~
COUNTY OF HAWAII
HILO, HAWAII
.DATE: June 24, 2005
yt~~"~~~~ ~
1~~(.e~llG~rGtlt ~ -
TO: Christopher J. Yuen, Planning Director
FROM: ~avDe~partment of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-006)
Applicant: Howard DeLima, Jr. & Napua DeLima
Request: RS-10 to ML-20 (Industrial, Limited)
TMK: 2-2-35: 009 and 010
We have reviewed the subject application forwarded by your memo dated May 26, 2005 and offer
the following comments for your consideration.
We do not sanction the specific plans submitted with the application as they may be subject to
change given specific code and regulatory requirements.
All development-generated runoff shall be disposed of on site and shall not be directed toward any
adjacent properties. A drainage study shall be prepared and the recommended drainage system
shall be constructed meeting the approval of the Department of Public Works.
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM)
by the Federal Emergency Management Agency (FEMA).
All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawaii County Code.
Kalanikoa Street is a County right-of-way that is 50 feet wide. Hualani Street is also a County right-
of-way of 40 feet width. The applicant shall provide full improvements to the entire frontage along
Kalanikoa and Hualani Streets consisting of, but not limited to, pavement widening with concrete
curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with
the approval of the Department of Public Works.
Streetlights and traffic control devices shall be installed as required by the Traffic Division,
Department of Public Works. The applicant shall be responsible for the design, purchase, and
installation of such devices.
Provide a minimum 20-foot property Ilne curve radius at the intersection of Kalanikoa and Hualani
Streets. The curve radius shall incorporate any future road widening setback(s) as established by
the Planning Department.
Proposed construction within the County right-of-ways shall meet the requirements of the
Americans with Disabilities Act (ADA) and will require the review and approval from the Disability
and Communication Access Board (DCAB).
Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327.
KG EX ~B`~~~.~i~_~~%,`..
County of Hawaii is an Equal Opportunity Provider and Employer
WAIFf
O'er`, f
~ppi
I! ~i
o DEPJ~RTMENT OF WATER SUPPLY COUNTY OF HAWAII
0
N~~OF NpW~,\~•'i, 345 KE KOANAO'A STREET, SUITE 20 HILO, HAW AI'I 96720
TELEPHONE (808) 961-8050. ~~~•~FASf (808) 961-8~Sy
June 27, 2005
TO: Mc Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-006)
REQUEST: RS-10 TO ML-20
APPLICANTS -HOWARD DeLIMA, JR., AND NAPUA DeLIMA
TAX MAP KEY 2-2-035:009 AND 010
We have reviewed the subject application for the proposed Change of Zone and have the following
comments and conditions.
For your information, each parcel has an existing service lateral fora 5/8-inch meter with the
Department. Based on the prevailing water situation in the area, additional water can be made
available from an 8-inch waterline along Kalanikoa Street, which fronts the subject parcels, with a
connection size subject to review and approval during the construction design phase of the proposed
development. If the applicants' use is similar to the current use at their 190 Kuawa Street location, the
5/8-inch meter will be adequate. The applicants are reminded that each 5/8-inch meter is capable of an
average, of 400 gallons per day, or a maximum of 600 gallons per day. Should future usage exceed this
amount, then the applicants shall apply to the Department for a larger meter and pay the associated fees
and charges, which are subject to change.
There is a fire hydrant fronting Parcel No. 9 on Kalanikoa Street.
Lastly, should the Change of Zone request be granted, then the applicant must furnish proof that there
is a departmentally approved backflow preventer (reduced pressure type) on the subject property just
after the meter. If they do not have a backflow preventer, then they must have one installed by a
licensed contractor. The installation and assembly of the backflow preventer must be inspected and
approved by the Department. The backflow preventer shall be operated and maintained by the
customer. A copy of our backflow preventer handout is being forwarded to the applicant to help them
understand this requirement.
EX~
,,~~^e1.'7~t~b
~ater 6rivac~d pro~r¢~~...
The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil
Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410 Or call (202) 720-5964 (voice and TDD) -
Mr. Christopher J. Yuen, Planning Director
Page 2
June 27, 2005
Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning
Branch at 961-807(1, extension 252.
Sincerely yours,
~ Mi on . Pavao, P.E.
M ag r
SHKaco ~
copy - (w/enc.) Mr. Howard DeLima, Jr., and Ms. Napua DeLima
(w/o enc.) Mr. Brian Nishimura
(w/o enc.) DWS Cross Connection Section, DWS Microbiology Laboratory
Nay w kyk
~J ~ ~ 95
Harry Kim Darryl J. Oliveira
Mayor Fire Chief
•~~R~Oi'N•~'• Desmond Ri,Wery
Deputy Fire Ch(ej
FIRE DEPARTMENT
25 Aupual Street • Suite 103 • Hilo, Hawaii 96720
(808)961-8297 • Fax (808)961-8296 - i
June 16, 2005
TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM: DESMOND WERY, DEPUTY FIRE CHIEF
SLIB.TECT: CHANGE OF ZONE APPLICATION (REZ OS-006)
APPLICANT: HOWARD DELIMA, JR. & NAPUA DELIMA
REQUEST: RS-10 TO ML-20
TAX MAP KEY: 2-2-35:9 AND 10
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General Fire apparatus access roads shall be provided and maintained in
accordance with the provisions ofthis section.
"(b) Where Required. Fire appazatus access roads shall be required far every building
hereafter constructed when any portion of an exterior wall of the first story is located more
than 150 feet from fire department vehicle access as measured by an unobstructed route
around the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions ofthis section may be modified.
~~~635$
EX1~[BIT ~P„°o~ia
'~u,f~
Hawui'i Caunh~ is nn Equnl Opportunity Provider and Employer.
Christopher J. Yuen
June l6, 2005
Page 2
" 2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional
fire protection as specified in Section 10.301 (b).
"3. When there are not more than two Group R, Division 3 or Group M
Occupancies, the requirements of this section may be modified, provided, in the
opinion ofthe chief, fire-fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that
access by a single road maybe impaired by vehicle congestion, condition ofterrain, climatic
conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements ofthe appropriate county jurisdiction.
"(d) Vertical Clearance. Fire appazatus access roads shall have an unobstructed vertical
clearance ofnot less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire apparatus and approved signs are installed
and maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical cleazances or widths required by this section may
be increased when, in the opinion of the chief, vertical cleazances or widths aze not adequate
to provide fire apparatus access.
"(fl Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire appazatus and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire appazatus access road shall be as
approved by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire appazatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning azound of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be
constructed and maintained in accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the unposed loads of fire appazatus.
"(j) Grade. The gradient for a fue apparatus access road shall not exceed the maximum
approved by the chief." (15%)
Christopher J. Yuen
June 16, 2005 -
Page 3
"(k) Obstruction. The required width of any fire appazatus access road shall not be
obstructed in any manner, including parking of vehicles. Minimum required widths and
cleazances established under this section shall be maintained at all times.
"(I) Signs. When required by the fire chief approved signs or other approved notices shall
be provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301:
"Sec. 10.301. (a) Type Required. The chief shall designate the type and number of fire
appliances to be installed and maintained in and upon all buildings and premises in the
junsdiction other than private dwellings. This shall be done according to the relative
severity of probable fire, including the rapidity with which it may spread. Such appliances
shall be of a type suitable for the probable class of fire associated with such building or
prenvses and shall have approval ofthe chief.
"(b) Special Hazards. In occupancies of an especially hazardous nature or where special
hazards exist in addition to the nonnal hazard of the occupancy, or where access for fire
apparatus is unduly difficult, additional safeguazds may be required wnsisting of additional
fire appliance units, more than one type of appliance, or special systems suitable for the
protection of the hazard involved. Such devices or appliances may consist of automatic fire
alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or
portable fire extinguishers, suitable asbestos
blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam,
halogenated and dry chemical or other special fire-extinguishing systems. Where such
systems are installed, they shall be in accordance with the applicable Uniform Fire Code
Standards or standards of the National Fire Protection Association when Uniform Fire Code
Standards do not apply.
"(c) Water Supply. An approved water supply capable of supplying required fire flow for
fire protection shall be provided to all premises upon which buildings or portions of
buildings are hereafter constructed, in acwrdance with the respective county water
requirements. There shall be provided, when required by the chief, on-site fire hydrants and
mains capable of supplying the required fire flow.
"Water supply may wnsist of reservoirs, pressure tanks, elevated tanks, water mains or
other fixed systems capable ofproviding the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be protected as set forth by the respective county
water requirements. All hydrants shall be accessible to the fire department apparatus by
roadways meeting the requirements of Section 10.207.
Christopher J. Yuen
June 16, 2005 =
Page 4
"(d) Fire Hydrant Markers. When required by the chief hydrant locations shall be
identified by the installation of reflective markers.
"(e) Timing of Installation. When fine protection facilities are to be installed by the
developer, such facilities including all surface access roads shall be installed and made
serviceable prior to and during the time of construction. When alternate methods of
protection, as approved by the chief, are provided, the above may be modified or waived.
"(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including
automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems,
basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet
the approval of the fire department as to installation and location and shall be subject to
periodic tests as required herein. Plans and specifications shall be submitted to the fire
department for review and approval prior to installation."
DES~~ WEGC~RY
Deputy Fire Chief
JCP/cmj
BRIAN T. NISI IIMURA, PLANNING CONSULTANT
10t Aupuni Street, Suite 217
Hilo, Hawaii 96720-0221
Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btnishi@verizon.ne[
July 12, 2005
14Ir. Christopher J. Yuen, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Subject: Change of Zone Application (REZ OS-006)
Applicant: Howazd DeLima, Jr. & Napua Del,ima
Request: RS-10 to ML-20
TMK: (3) 2-2-35: 9 and 10
Dear Mr. Yuen:
This is in response to comments forwazded by your office from the Department of Environmental
Management regarding the subject application. The applicant has reviewed the comments and
will comply with all stated requirements.
Should you have any questions regazding this matter, please do not hesitate to contact me.
Sincerely,
Brian T. Nishimura, Planning Consultant
c. Ms. Barbaza Bell, Director, Department of Environmental Management
~si4
~0f1 ptb~
EX~
BRIAN T. NISHIMURA,~'LANNINC~ CONSULTANT
I OI Aupuni Street, Suite 217 '
Hilo, Hawaii 96720-4221
Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btnishi@verizon.net
July 12, 2005
Mr. Christopher J. Yuen, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Subject: Change ofI.one Appiication (REZ OS-006}
Applicant: Howard DeLima, Jr. 8z Napua DeLima
Request: RS-10 to ML-20
TMK: (3) 2-2-35: 9 and 10
Dear Mr. Yuen:
Tbis is in response to comments forwazded by yow office from the Fire Department regazding
the subject application. The applicant has reviewed the comments and will comply with all
stated requirements.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Brian T. Nishimura, Planning Consultant
c. Fire Chief, Datryl Oliveira, County of Hawaii, Fire Department
BRIAN T. NISHIIViURA,PI,ANNINC. CONSULTANT
I O I Aupuni Street, Suite 217
Hilo, Hawaii 96720-4221
Phone: (808) 935-7692 Fax: (808) 935-6 t26 F.-mail: btnishi@verizon.net
July 12, 2005
Mr. Christopher J. a'ucn, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Subject: Change of 7,one Application (REZ OS-006)
Applicant: Howard DeLima, Jr. & Napua DeLima
Request: RS-10 to ML-20
TMK: (3) 2-2-35: 9 and ]0
Deaz Mr. Yuen:
This is in response to comments forwazded by your office from the Departrnent of Health
regarding the subject application. The applicant has reviewed the comments and understands
that all wastewater generated by the proposed project must be disposed into the County sewer
system.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Brian T. Nishimura, Planning Consultant
c. Mr. Aazon Ueno, District Environmental Health Program Chief, State of Hawaii, Department
of Health
BRIAN T. NISHIMURA, ~LA.NNIN(i Ct7NSULTANf
101 Aupuni Street, Suite 217
Hilo, Hawaii 96720-4221
Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btnishi@verizon.net
July 12, 2005
IvL~. Cin~istopher J. Yuen, Dircct.~r
County of Hawaii
t'(anning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Subject: Change of "Lone Application (REZ OS-006)
Applicant: Howazd DeLima, Jr. & Napua DeLima
Request: RS-10 to ML-20
TMK: (3) 2-2-35: 9 and 10
Dear Mr. Yuen:
This is in response to comments forwazded by your office $om the Department of Public Works
regazding the subject application. The applicant has reviewed the comments and will comply
with all stated requirements.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Brian T. Nishimura, Planning Consultant
a Mr. Galen M. Kuba, Division Chief, Engineering Division, County of Hawaii, Department of
Public Works
BRIAN T. NISHINfITRA, PLANNING CONSt1LTANf
l0t Aupuni Street, Suite 217
Hilo, Hawaii 96720-422 ]
Phone: (808) 935-7692 Fax: (SOS) 935-6126 F.-mail: btnishi@verizon.neC
July 12, 2005
Mr. Cluistopher J. YaF7, Direr 4.or
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Subject: Change of Zone Application (REZ OS-006)
Applicant: Howard DeLima, Jr. & Napua DeLima
Request: RS-10 to MIS 20
TMK: (3) 2-2-35: 9 and 10
Dear Mr. Yuen:
"this is in response to comments from the Department of Water Supply regarding the subject
application. The applicant has reviewed the comments and will comply with all stated
requirements.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Brian T. Nishimura, Planning Consultant
c. Mr. Milton D. Pavao, Manager, County of Hawaii, Department of Water Supply
cUr~~:~ ~ ~~v~l~ ~~r1~
~ ~
May 23, 2005
County of Hawaii
County Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
RE: Change of Zone Application
Howard DeLima Jr. & Napua DeLima
Single Family Residential 10,000 (RS-10) to Limited Industrial
20,000 (ML-20)
TMK: (3) 2-2-35:9 8 10
Please be advised that we strongly support the proposed change of zone for
the above listed property.
Sincerely,
Bruce A. Hansen
President
cc: Brian T. Nishimura
558 Kanoelehua Ave., Hilo, Hawaii 96720 ~>~~:~33
808 935-0279 • Fax 808 935-7597 E X H I B I T
Builders License Number BC 16835
RDeLima-REZOS-006.~wd 07-19-OS
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
HOWARD (JR). AND NAPUA DELIMA
CHANGE OF ZONE APPLICATION (REZ OS-006)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request from a Single Family Residential -10,000 square foot (RS-10) to Limited
Industrial - 20,000 square foot (ML-20) zoned district 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 recommendation based upon additional information
presented at the public hearing. This favorable recommendation is based on the following
findings:
The applicants are requesting a Change of Zone for 45,800 square feet of land
from aSingle-Family Residential - 10,000 square foot (RS-10) to a Limited Industrial -
20,000 square foot (M L-20) district in order to relocate their plumbing business. The
applicants intend to consolidate the two existing parcels and will demolish the existing
structures. Anew 12,800 square foot (80' x 160') steel-framed structure will be
construcl:ed.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from a Single Family Residential (RS-10) to
Limited Industrial (ML-20) zoned district will conform to the goals, policies and
standards of the Economic, Land Use and Industrial Elements of the General Plan.
The proposed change of zone request from RS-10 to ML-20 would further the County's
goals of providing an economic environment which allows new or existing businesses to
expand and diversify the County's economic base, and also increase choice of
occupations. The proposed use would be consistent with the following goals, policies
and standards of the Economic, Land Use and Industrial Elements of the General Plan.
Economic Element:
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
• Strive for diversity and stability in its economic system.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
• Strive for an economic climate that provides its residents an opportunity for
choice of occupation.
• Strive for diversification of the economy by strengthening existing industries and
attracting new endeavors.
The applicants will be providing residents who live in this area of South
Hilo with more opportunities for services and employment. The applicants will
be able to strengthen their existing plumbing business by being allowed the
opportunity to own and build on the subject site.
Land Use Element:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
• Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
-2-
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access and public need.
The proposed change of zone is located in an area designated in the General Plan
to allow industrial uses. The request compliments the projected light industrial needs of
residents within this vicinity of South Hilo.
Industrial Element
• Designate and allocate industrial areas in appropriate proportions and in keeping
with the social, cultural and physical environments of the County.
• Achieve a broader diversification oflocal industries by providing opportunities
for new industries and strengthening existing industries.
• Locate industrial areas convenient to transportation facilities, and provide a
variety of industrial zoned districts and lot sizes, depending on the needs of the
industries and the communities.
• Industrial development shall be located in areas adequately served by
transportation, utilities and other essential infrastructure.
The proposed change of zone will strengthen the applicant's existing business,
which will be located in an area adequate served by transportation, utilities and essential
infrastructure.
The proposed rezoning action conforms to the LUPAG Map, which
designates the area for Industrial Development. The Land Use Pattern Allocation
Guide (LUPAG) Map component of the General Plan is a representation of the
document's goals and policies to guide the coordinated growth and development of the
County. It reflects a graphic depiction of the physical relationship among the various
land uses. The requested change of zone to a ML-20 district conforms to the LUPAG
Map, which designates the properties and its surrounding area as Industrial. Such
designation includes uses such as manufacturing and processing, wholesaling, large
storage and transportation facilities, light industrial and industrial-commercial uses.
Therefore, the requested Limited Industrial zoning is consistent with the Industrial
designation on the LUPAG Map for this area of South Hilo.
-3-
The Change of Zone request from a Single Family Residential (RS-10) to
Limited Industrial (ML-20) zoned district is not consistent with the Hilo
Community Development Plan for this area. The Hilo Community Development Plan,
which was adopted in 1975, designates the area for residential uses. However, the Hilo
CDP is in need of being updated, as this area is in transition from residential to
commercial and light industrial uses in the General Plan.
The advantage of this area for industrial zoning is its location in close proximity
to water, air transportation terminals, harbor facilities and the residential population of
Hilo. The proposed change of zone would complement the existing industrial and
commercial land uses that already exist in this area and will provide for an orderly
development of the area.
The properties are located within an area adequately served with essential
services and facilities such as water, sewer, transportation systems and other
utilities. Access to the subject properties will be from Kalanikoa Street and Hualani
Street, which are County roadways. A condition will be added requiring the applicants to
provide full improvements to the entire frontage along Kalanikoa and Hualani Streets
consisting of, but not limited to, pavement widening with concrete curb, gutter and
sidewalk, drainage improvements, and any required utility relocation, based on comments
received from the Department of Public Works.
The properties have County water and are connected to the County sewer system.
All wastewater generated will be disposed into the County sewer system. All other
utilities and services are available to the subject properties.
The properties have no severe geological or topographical problems which cannot
be rectified or which would render the land unusable. The properties are located within
Zone X, an area determined to be outside the 500-year floodplain. Based on comments
from the Department of Public Works, all development generated runoff shall be
disposed of on site and shall not be directed toward any adjacent properties. The
Department of Public Works has requested a drainage study, which shall be included as a
condition of approval, along with any drainage improvements as required.
-4-
The properties are situated within close proximity to commercial areas,
employment centers and public safety services. There are several commercial and
employment centers located within one or two miles from the subject properties. These
include the Waiakea Center, the Prince Kuhio Mall, and businesses along Kalanikoa
Street to the north, Piilani Street, Kanoelehua Avenue and others.
Public safety services within the area include the Hilo Central Fire Station located
on Kinoole Street, the Police Headquarters located on Kapiolani Street, and the Hilo
Medical Center located approximately 3 miles from the properties.
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statutes, relating to Coastal Zone Management. The properties are not located in the
Special Management Area. The site is not proximate to the shoreline and therefore will
not be impacted by coastal hazard and beach erosion. There is no record of a designated
public access that traverses the properties. No valued cultural, historical or natural
resources exist on the properties and there is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated
that the proposed request will have any adverse impact on cultural or historical resources
in the area.
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O
Ka'Aina "decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
• The valued cultural, historical, and natural resources found in the rezoning area:
There are no valued cultural, historical and natural resources found in the
rezoning area. The properties were previously disturbed for the construction of
dwellings.
• Possible adverse effect or impairment of valued resources: Given the scope of
work previously conducted and the property's urban setting, no known rare,
-5-
threatened, or endangered species are known to inhabit the parcel or are expected
to be discovered on the site.
• Feasible actions to yrotect native Hawaiian rights: To the extent to which
traditional and customary native Hawaiian rights are exercised, the proposed
action will not affect traditional Hawaiian rights; therefore, no action is necessary
to protect these rights
Based on the above findings, approval of this change of zone request from Single
Family Residential (RS-10) to Limited Industrial (ML-20) zoned district would result in an
appropriate land use pattern that will further benefit the general public.
The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter
25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration.
Please note the proposed conditions of approval attached to the draft bill.
-6-
COUNTY OF HA`WAI`I STATE OF I-IAWAI`I
BILL NO. _
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL
(RS-10) TO LIMITED INDUSTRIAL, (ML-20) AT WAIAKEA, SOUTH ILO, HAWAII,
COVERED BY TAX MAP KF:Y 2-2-35:9 & 10.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
'fhe district classification of the following area situated at Waiakea, South Hilo,
Hawaii, shall be Limited Industrial (ML-20):
Beginning at the northeast corner of this parcel of land, being also the southwest
corner of the intersection of Kalanikoa Street and Hualani Street, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALAL", being
963.00 feet South and 10,579.00 feet East, thence running by azimuths measured
clockwise from true South:
1. 360° 00' 200.00 feet along Kalanikoa Street;
2. 90° 00' 229.00 feet along Grant ] 1,058 to Mrs. Margaret Ah
Ki (L,ot 6B);
3. 180° 00' 200.00 feet along Grant 9771 to Tsutae Murashige
(Lot 3) and along Grant 10,058 to Thos. M.
Cunningham (Lot I);
4. 270° 00 229.00 feet along Hualani Street to the point of
beginning and containing an area of 45,800
Square Feel.
l-
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. [n accordance with Section 25-2-44, Hawai `i County Code, the County
Council finds the following conditions are:
Necessary to prevent circumstances which maybe adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SF,E ATTACHED CONDITIONS
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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of introduction:
Date oC 1st Reading:
Date of 2nd Reading:
Effective Date:
CG-7.5 CG475 _ CG 7.5 I ML-20
- - - ML_20 N I -
F
CG-7.5 CGi7.5 T 5 ML-20 ~ - ~ ML-20
_ _ _ J CG~~~
o - R5410 RS, 10 RS- 0 i S RS-10
RS-10 m
03 - _ - -
~ SINGLEaFAMILY ML-zo rzslo II Mcx-zo
-
RS.10~T0 II - -
LIMITE INDU TRIAL (ML-20) Md-to ML-zo
5,
Rs fo FT. - - S-
- 90, 579.00E
_ ~ ~ ~ S-f0 it ML-f0
R~ ao "HALAI",~,
s-f0
Hua am t
' RS-f0 413 m~ ~
RS-10 f0 R5~10 m E RS f0 -10 ~
I c o
c u9£ RS-f0 c
~a ;
~ d
- - ~ R -10 _ _ r- D
_ T. i - <
R540 - Md-f0
f0 f
°1 RS-f0
CN-20 ftS-f0 CG-20 ~
Sc__-_
CN-20 [n MCX-20
CG-10 _ ~ _ I ~ I
RS-10 T ~ ML-20
- -1 I__ _ -I
of CN-f0 I _ r--- RS-f0
CG-20 RS40
. _ - - - ' I - 1_-__.__ -
-
RS-f0 RS-10 RS~fO R f0 R 40 RS~fO ML-20
Kekuanaoa St
RS-f0 RS-f0 RS40 RS40 C -10 RS-f0 MCX-20
290 145 0 296 580 870 1.160 1 450
Feul
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM SINGLE-FAMILY RESIDENTIAL (RS-10)
TO LIMITED INDUSTRIAL (ML-20)
AT WAIAKEA, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK. 2-2-035.009 & 010 Date. May 25, 200
EXHIBIT '~A'~ (Howard DeLima, Jr & Napua DeLima. i 166)
CDeLima-REZOS-006.jwd 07-20-OS
HOWARD (JR). AND NAPUA DELIMA
CHANGE OF 7.ONE APPLICATION (REZ OS-006)
CONDITIONS OF APPROVAL
A. The applicants, their successors or assigns shall be responsible for complying with ail of
the stated conditions of approval.
B. Construction of the proposed development shall be completed within five (5) years from
the effective date of this ordinance. Prior to construction, the applicants, successors or
assigns shall secure Final Plan Approval for the proposed development from the Planning
Director in accordance with Section 25-2-7Q Chapter 25 (Zoning Code), Hawaii County
Code. Plans shall identify all existing and/or proposed structures, paved driveway access
and parking stalls associated with the proposed development. Landscaping shall also be
indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to
adjacent properties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements). Landscaping shall follow the standards applicable
to light industrial zones that abut residential zones.
C. Improvements shall be constructed along the entire frontage of Kalanikoa Street and
Hualani Street consisting of, but not limited to, pavement widening with concrete curb,
gutter and sidewalk, drainage improvements, and any required relocation of utilities,
meeting with the approval of the Department of Public Works.
D. The applicants shall provide a minimum 20-foot property line curve radius at the
intersection of Kalanikoa and Hualani Streets. The curve radius shall incorporate any
future road widening setbacks(s) as established by the Planning Department.
E. All driveway connections to Kalanikoa Street and Hualani Street shall conform to
Chapter 22, Streets and Sidewalks, of the Hawaii County Code.
F. Install streetlights, traffic control devices, signs, and markings meeting with the approval
of the Department of Public Works, Traffic Division.
G. A drainage study shall be prepared and any 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.
H. All development-generated runoff shall be disposed of on-site and shall not be directed
toward any adjacent properties.
I. The development shall connect with the County's sewer system prior to the issuance of a
Certificate of Occupancy, meeting with the approval of the Department of Environmental
Management.
J. 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 Resource -State Historic Preservation Division
(DLNR-SHPD) shall be immediately noti5ed. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
K. The applicants shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
L. A final status report shall be submitted to the Planning Director upon compliance with all
conditions of approval of this change of zone.
M. 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 General Plan or
Zoning Code.
3. Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within one
year maybe extended for up to one additional year).
5. If the applicants should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for appropriate
action.
-2-
N. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or more
appropriate designation.
-3-