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Home My WebLink AboutCOM 0669.001 2010-2012 THOMAS L. H. YEH *Law Offices of Yeh & Moore A Limited Liability Law Company tly @lava.net 85 W.Lanikaula Street Hilo,Hawaii 96720-4199 MICHAEL W. MOORE oor Telephone(808)961-0055 FAX(808)969-1531 mmore @lava net April 23, 2012 J Pete Hoffman, Chair Planning Committee ci? Office of the County Clerk o 25 Aupuni Street Hilo, Hawaii 96720 Re: Proposed Amendments to Ordinance No. 99-116 TMK: (3) 2-2-044:031, 032, 035 and 037 Dear Chairman Hoffman and Planning Committee Members: This letter is submitted in reference to Bill No. 229, scheduled for the Planning Committee's May 1, 2012, agenda. The Windward Planning Commission has recommended a five (5)year time extension of time for the conditions of Ordinance No. 99-116. By way of background, Ordinance No. 99-116 extended the neighborhood commercial district classification of the above-referenced properties, as initially adopted under Ordinance No. 96-159. The subject property is the former site of the Hirose Nursery. Former members of the Hirose family first obtained the rezoning approval in 1996; however, they were unable to complete the development of the property. The property has long been vacant of any nursery use and has been used by unauthorized persons for the unauthorized deposit of abandoned vehicles and junk over the years. The requested time extension will further a much more productive and beneficial use of the property, generate additional employment during the construction and operation phases, and result in substantially higher tax revenues. Since acquiring the property after Ordinance No. 99-116 was adopted, the current owner, Graphic Images Hawaii, Inc., has spent much time and effort in creating a viable development plan that is planned to provide retail space, restaurant and gas station facilities to the neighborhood and the vicinity, and also developed a traffic circulation plan which meets with the conceptual approval of all agencies, including the Department of Transportation and the Department of Public Works. Projected road improvements will include the addition of a deceleration lane and an ingress only driveway from Kanoelehua Avenue into the property. Road widening, curbs, gutters and sidewalks will be installed on Kahaopea Street. The Kahaopea Comm. No. q I Ref. To: /PC. Ref. Date W' 01 2012 Law Offices of Yeh & Moore ATTORNEYS AT LAW A Limited Liability Law Company Pete Hoffman, Chair Planning Committee Hawaii County Council Office of the County Clerk April 23, 2012 Page No. 2 entrance to the site will be placed at the intersection of Kahaopea Street and Awapuhi Street. A copy of a draft preliminary site plan is enclosed for your review. The Applicant has been paying real property taxes based on the property's commercial zoning, engaged in development planning, worked with the transportation and public works agencies, completed a Traffic Impact Analysis Report, and is ready to move forward with the proposed development. The Applicant is in agreement with the proposed conditions recommended by the Windward Planning Commission, but requests that Conditions H and I be revised to allow the Applicant to implement the drainage improvements in conjunction with obtaining plan approval for any part or portion of the property, and required road improvements prior to the issuance of a certificate of occupancy for any portion of the property. We have enclosed proposed language of revision to Conditions H and I. While we understand the rationale that had been provided, the Applicant's plan for consolidation and resubdivision of the property, together with the proposed development, is different from the assumptions that have been made. First of all, the proposed consolidation and resubdivision of the four (4) lots which are owned by the Applicant will not result in any greater number of lots than currently exist, but will be designed to implement a comprehensive development plan which requires a different lot configuration then currently exists in order to achieve the enclosed layout. No actual development or alteration of the land will occur at this stage. Under Section 23-7 of the Subdivision Code, this kind of action typically does not trigger conditions. From a timing standpoint, construction financing will be obtained once the lots are reconfigured, and at that point, final development plans and specifications can be completed, along with related road improvement plans. Not until plan approval, or grading or building permits are applied for, may any alteration of the land actually occur. Secondly, no development will occur in areas designated as Flood Zone AE because the Applicant has no desire to place any portion of the development in such an area. The enclosed site plan reflects this. Not until the Applicant seeks plan approval will any alteration of land be contemplated, and Conditions G, J, L, M and N (as well as the Flood Control Code) already provide adequate conditions for the road and drainage issue. As for traffic and road improvements, they would also need to be completed prior to occupancy of any portion of the property, and the need for such improvements would not be triggered until occupancy occurred. Law Offices of Yeh & Moore ATTORNEYS AT LAW A Limited Liability Law Company Pete Hoffman, Chair Planning Committee Hawaii County Council Office of the County Clerk April 23, 2012 Page No. 3 The Applicant is not attempting to avoid or shirk its obligations. Rather, the issue is when the required drainage and roadway improvement should be completed, which should be tied to approvals for the actual development of the property, rather than the act of obtaining a plat map which redraws lot boundaries. The Applicant is comfortable with language that would require that drainage improvements be constructed prior to receipt of plan approval for any portion of the property, and that the required roadway improvements be completed prior to the issuance of a certificate of occupancy for any portion of the property, unless a greater number of lots than currently exists is created in the consolidation/resubdivision process or any development were to occur per the enclosed revisions to Conditions H and I. We look forward to the Planning Committee meeting and will be happy to respond to any questions or comments which the Committee will have. Thank you for your consideration of the above. Very truly yours, LAW OFFICES OF YEH & MOORE A Limited Liability Law Company. I / f/..� L- --. THOMAS L.H. YEH Encls. cc: Graphic Images Hawaii, Inc. Alternative Conditions H and I H. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to securing Final Subdivision Approval or final plan approval for the subject property, whichever occurs first, provided that if the subject property is consolidated and re- subdivided in a manner which results in the creation of the same or fewer number of lots than existed before the consolidation/resubdivision action and no development of the subject property occurs prior to receipt of such consolidation/resubdivision approval, such drainage improvements shall be constructed prior to securing final plan approval for any portion of the subject property. Prior to securing final subdivision approval or the issuance of certificate of occupancy for the subject property, whichever first occurs first, the south side of Kahaopea Street shall be improved and widened with the construction of curb, gutter and sidewalk improvements (with pavement widening and transitions) fronting the subject property between Kanoelehua Avenue and the access road to the subject property meeting with the approval of the Department of Public Works and shall be dedicated to the County upon its request, provided that if the subject property is consolidated and resubdivided in a manner which results in the creation of the same or fewer lots number of lots than existed before the consolidation/resubdivision action and no development of the subject property occurs prior to receipt of such consolidation/resubdivision approval, such road improvements shall be constructed prior to securing the issuance of a certificate of occupancy for any portion of the subject property. 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