HomeMy WebLinkAboutCOM 0008.001 2012-2014 COM . fJ
( /COU&icn
NORMAN K.HAYASHI,LLC
Land Use Planning
563 W. Kawailani Street
Hilo, Hawaiil 96720
Tel: 808.959.7838
January 7, 2013 g Cell: 808.895.0120
1 E-mail: nkhayashi @hawaiiantel.net
Honorable J Yoshimoto, Chairperson
County Council—Hawaii County
Hawaii County Building
25 Aupuni Street
Hilo, HI 96720
Dear Chairperson Yoshimoto and Members of the County Council:
Subject: Bill 3 —Change of Zone Application
RS-l0 to ML-20
Applicant: Ms. Dien-Jung Lin
TMK: 2-2-035:045
I am representing Ms. Dien-Jung Lin with her request to rezone the above-captioned
property from a Single-Family Residential— 10,000 square feet(RS-10)to a Limited
Industrial—20,000 square feet(ML-20) district.
The property is located along the west side of Kanoelehua Avenue and over 300 feet
from the Kanoelehua Avenue—Hualalai Street intersection, Waiakea Houselots, South
Hilo, Hawaii. The applicant intends to establish an office and parking for a family-
operated tour operation. The existing single-family dwelling will be converted to office
space for the tour operation. There will be only 3 to 4 family members who will be
working on-premise. Areas for the tour mini buses and vans, and employee parking will
be provided on-site. The drivers for the buses and vans will report to the property to pick
up their respective buses and vans and will immediately drive off to pick up their clients.
The clients will not drive to the site but instead,will be picked up at the airport, cruise
ship harbor, and at the hotels.
During the rezoning review process, the County Department of Environmental
Management(DEM) recommended that the existing sewer system be extended to the
project, which is a distance of over 300 feet. It is our understanding,however, that such a
condition was not included by the Planning Department since the previous County
Councils felt that such a condition was unnecessary. There were two previous rezonings
in the immediate vicinity that were approved with a condition that required the
landowners to connect to the existing public sewer system. However, after the rezonings
were approved, the Planning Department and the County Council concluded that such a
mandatory hook-up condition was not necessary and left the decision to the State
Department of Health as to the type of sewer requirement for both of these rezonings.
Coincidently,the DEM also agreed with the changes reflected in the ordinances which
are attached to this letter(Ordinance Nos. 11-67 and 08-96). The applicant suggests that
Comm. No. • I
Ref. To: IIMM[!.!
Ref. Date
a similar condition be included which would state that the method of sewer disposal shall
meet the approval of the State Department of Health. Your favorable consideration of
this change of zone application, with the inclusion of the above suggested condition,
would be greatly appreciated.
I will be in attendance at the January 9 meeting to answer any questions that the Council
members may have on the application. It is my understanding that a member of the
Planning Department will also be in attendance to address its position on this matter.
Sincerely,
Norm. . Hayashi
Attachments
cc: Ms. Bobby-Jean Leithead Todd, Planning Director
Ms. Dien-Jung Lin
2
COUNTY OF HAWAII 'a _ STATE OF HAWAII
BILL NO. 59
ORDINANCE NO. 11 67
AN ORDINANCE AMENDING ORDINANCE NO. 03-82 WHICH AMENDED 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
LIMITED INDUSTRIAL—20,000 SQUARE FEET(ML-20)TO INDUSTRIAL-
COMMERCIAL MIXED USE—20,000 SQUARE FEET(MCX-20)AT WAIAKEA, SOUTH
HILO,HAWAII,COVERED BY TAX MAP KEY 2-2-035:061.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 03-82 is amended as follows:
"SECTION 1. Section 25-8-33, Article 8,Chapter 25 (Zoning Code)of the Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at [W-aialkeaj Waiakea,
South Hilo,Hawai`i, shall be Industrial-Commercial Mixed Use—20,000 square feet
(MCX-20):
Beginning at a point at the northeast corner of this parcel of land,being also the
southeast corner of a portion of Lot 8,Block 23, Grant 12,773 to Margaret C. Adrian and
the westerly side of Kanoelehua Avenue,the coordinates of said point of beginning
referred to Government Survey Triangulation Station"Halai"being 1363.00 feet south
and 11,062.50 feet east and running by azimuths measured clockwise from true south:
1. 0° 00' 100.00 feet along the west side of Kanoelehua
Avenue;
2. 90° 00' 210.50 feet along a portion of Lot 12,Grant 11,393
to John G. Perreira;
3. 180° 00' 100.00 feet along Lot 9, Grant 10,766 to Yoshio
Kodani;
-I-
4. 270° �. 210.50 feet along a portion of Lot 8,Grant nt 12of ,773
to Margaret C. Ad ian to the poi
beginning and c lrtaining an area of 21,050
square feet.
All as shown on the map al±ached hereto, marked Exh=+bit"A"and by reference
made a part hereof. -
SECTION 2. In accordance with Secti-)n 25-2-44,Hawai`i Cot.'nty Code 195f, (2005
Edition),the County Council fords the following conditions are:
(1) Necessary to prevent circums. nces which May be adverse to the public
health, safety and welfare;or
(2) Reasonably conceived to fulfill n is directly emanating from the land use
proposed with respect to:
(A) Protection of the puh'tic from the potentially deleterious effects of
the proposed u�c,or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant,its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer,and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy"to the Department
of Water Supply within ninety days from the effective date of this ordinance.
C. Construction of the proposed development shall be completed [within=
- ' - " = . "- •- - • • . - -]by June 5,2013. Final Plan
Approval by the Planning Director in accordance with the Zoning Code shall be
secured by the applicant prior to the commencement of construction.
-2-
C C
Development plans shall identify existing and proposed structures,fire protection
measures,paved driveway accesses and parking stalls, and other improvements
associated with the proposed use. Landscaping shall be included in the
development plans to mitigate any potential adverse noise or visual impacts to
adjacent properties in accordance with the Planning Department's Rule No. 17
(Landscaping Requirements).
D. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval. A copy of the approved
plan shall be submitted to the Planning Department prior to the issuance of Final
Plan Approval.
E. 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
submitted to the Department of Public Works prior to the issuance of Final Plan
Approval. Any drainage improvements shall be constructed meeting with the
approval of the Department of Public Works prior to the issuance of a certificate
of occupancy.
F. The applicant shall [ . . -. . . = - ,. _ . .. - - . . - . • - _ .`.
== • - - - , - •••. - - - • . -• - . •--• .•. - ] dispose of development-
generated wastewater in a manner meeting with the approval of the State
Department of Health.
G. The applicant shall install a backflow preventer(reduced pressure type)meeting
with the approval of the Department of Water Supply prior to the issuance of the
certificate of occupancy.
H. All plans for work within the State highway Right-of-Way(ROW)and all
driveway connections to Kanoelehua Avenue shall comply with State Highways
Division design standards.
-3-
The applicant shall comply with all applicable laws,rules,regulations and
requirements of the affected agencies for the proposed development.
J. Should the Hawai`i County Council adopt a Unified Impact Fees Ordinance
setting forth criteria for imposition of exactions or the assessment of impact fees,
conditions included herein shall be credited towards the requirements of the
Unified Impact Fees Ordinance.
K. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include,but not
be limited to, the status of the development and to what extent the conditions of
approval are being complied with. This condition shall remain in effect until all
of the conditions of approval have been complied with and the Planning Director
acknowledges that further reports are not required.
L. [ ,
• i• • . ..
or Zoning-Code.
-4-
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.
M. 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."
SECTION 2. Material to be deleted is bracketed and struck through and material to be
added is underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUC D BY:
rwliF -qv • s1
COUNCI ' MBER, '04 TY •; HAWAII
Kona ,Hawai`i
Date of Introduction: July 7, 2011
Date of 1st Reading: July 7, 2011
Date of 2nd Reading: July 22, 2011
Effective Date: August 17, 2011
Rte,:RENGEs fir 225
-5-
._,..,
. ,
. , ( ,
_ ,
....._
: ,
G-7 - 66-7.5 CG-7.5 o ML-201 i ML-2• . to-3 /
ML-20
R5_1(1 R5-10 R5-10 m RS•10 ; R5-10 m 1
t -- ML-20 2
2 L
N
I O Ml-1 O R5-1 O I ML-20 /
i 1 . .. I W I`� E
R5-10 RS-10 R5-t0 R5 10 1.
'I .F -f. S
'. 10 R5-10 R5-10 RS I O R51 I O ML-10
1 I I R5-10 ML-20
-•- i — L _ . ORt N
.�
R5 10 L-1 O
---- - ------ ------------- -1. .. - —--
G6-20
CG-20 RSi 10 ' R5-10 ML-20
• _ - l RS-10 1 OPEN ML-20
J , ML-20 1,363.00 S
- r 1 I - -- T-- 1(,06258 E
R5-,o !— 85-10 WWII
1 its-1 o Rs-10 -1 o R5-110 ML-2o LIMITED INDUSTRIAL(ML-20)TO
` 1 'r.‘, -I_,• Sts . _ _ INDUSTRIAL-COMMERCIAL MIXED(MCX 20)
I• 10 85-10 ■I _CNC 10 0- R3 o AREA=21,050 SQ.FT.-• rR5.
■ 1
--- -- RS Io a ML-20
I R5-1 O v a
! - -.2 I c -— - .-
Y
R5-10 R5-10 R5-10 MG-I a
--- z-----1-- -• 1— : -7--.) .
530 265 0 530 1060 1.590
Feet
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
LIMITED INDUSTRIAL (ML-20) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20)
AT WAIAKEA HOUSE LOTS, HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 2-2-035:061
Dale:EXHIBIT"A" 1 tetra 7> 2003
FOR REFERENCE ONLY (8ritharlte;t0$$)
. ; . ( '-') r
,
OFFICE OF THE COUNTY CLERK
County of Hawai'i
Kona, Hawai'i
Introduced By: Pete Hoffmann ROLL CALL VOTE
Date Introduced: July 7, 2011 AYES NO @r., gS , EX
LI
First Reading: July 7, 2011 Blas X 'Ti
Published: N/A Ford X
Hoffmann X :Ti
REMARKS: Ikeda X i ' '
Onishi X
Pilago 4t
Smart X
Yagong X
Yoshimoto X
Second Reading: July 22, 2011 8 0 1 0
To Mayor: August 2, 2011
Returned: August 17, 2011 ROLL CALL VOTE
Effective: August 17, 2011 AYES NOES ABS EX
Published: August 27, 2011 Blas X
Ford X
REMARKS:
Hoffmann X
Ikeda X
Onishi X
Pilago X
Smart X
Yagong X
Yoshimoto X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO 0-----
FO" AND LEGAL! f t CO FAL 'A, COUNCIL CHAIRPE•RPORATI N •� / //1 9
DEPU C O O SEL lit.. 4 S
COUN OF HAWAII
Date
AUG - 9 2011 C UNTY CLERK •
Bill No.: 59
II d C-225/PC-22
Reference:
App►oved/Dis proved this ay 67
of , 20 « . Ord No.:
_.c.;.._.......)\--
MAYOR, COUNTY OF HA I;.fi?'1 ---..
BRBrilhanteREZ 1011.doc-4/29/11
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND and RECOMMENDATION REPORT
PLANNING DIRECTOR INITIATED
AMENDMENT TO CONDITION F OF CHANGE OF ZONE ORDINANCE NO.03-082
PLANNING DIRECTOR has initiated an amendment to Condition F of Change of Zone
Ordinance No. 03-82, which changed the district classification of approximately 21,050 square
feet from Limited Industrial-20,000 square feet(ML-20)to Industrial-Commercial Mixed Use-
20,000 square feet(MCX-20)zoned district. The property is located in Waiakea House Lots,
1st Series,along the west side of Kanoelehua Avenue,approximately 290 feet north of its
intersection with Kekiianao`a Street,Waiakea, South Hilo, Hawai`i,TMK: 2-2-035:061.
GENERAL INFORMATION
1. Land Ownership: The subject property is owned by Butchie II,LLC,which is an entity
solely owned by William V.Brilhante.
RELEVANT BACKGROUND INFORMATION
2. June 5,2003: Effective date of Change of Zone Ordinance No. 03-82,which rezoned the
21,050 square foot property from a Limited Industrial-20,000 square feet(ML-20)to a
Industrial-Commercial-Mixed Use-20,000 square foot(MCX-20)zoned district to
accommodate a proposed commercial,office and retail complex. At that time,plans
envisioned a 7,094-square foot, one-story building.
3. Ordinance No.03-82 was issued subject to various conditions of approval,one of which
is related to the disposal of wastewater generated by the proposed commercial,office and
retail development. Condition F reads as follows:
"F. The applicant shall connect to the existing County sewer lateral within Kino`ole
Street prior to the issuance of a certificate of occupancy."(emphasis added)
4. Landowner Notification: Landowner William V.Brilhante,in a letter to the Planning
Director dated February 28,2011 (see Exhibit A),explained the absence of a sewer line
fronting the subject property.
SUBJECT REQUEST .
5. Request: The Planning Director has initiated a proposed amendment to Condition Fto __
allow the landowner to dispose of development-generated wastewater in a manner
meeting with the approval of the State Department of Health. The Planning Director
recommends that Condition F be amended as follows: (material to be deleted is
bracketed and struck out while material to be added is underscored)
"F. T h e a p p li c a n t shall [-. ... - . ,. - :- , _ .. . _ - ..._ .. - .., .`: -
. .-_ . : ., .,... __ : . - ,,, .. . : __. ..., ]dispose of development-
generated wastewater in a manner meeting with the approval of the State
Department of Health."
6. Purpose: The subject property is situated along Kanoelehua Avenue,in excess of one
mile from Kino`ole Street. It is obviously apparent tliat the intent of this condition was to
require a sewer hookup to a sewer main within Kanoelehua Avenue,a street that directly
fronts the subject property,and not Kino`ole Street. Upon further research,however,it
was recently discovered that no sewer main exists within that section of Kanoelehua
Avenue fronting the subject property. (See attached Exhibits B&C-sewer line maps)
__-----,The closest sewer main is located in excess of 315 feet away in the vicinity of
Kekuanao`a Street. So a series of misinterpretations and errors by the Planning
Department resulted in a Condition F that cannot be reasonably implemented. Therefore,
/` the Planning Director has initiated the proposed amendment to Condition F to allow for
the use of an on-site,individual wastewater disposal system meeting with the approval of
the State Department of Health.
7. Housekeeping Measures: Since a performance condition(Condition C)within
Ordinance No. 03-82 to complete construction of the proposed project is tied in to the
effective date of the ordinance,a housekeeping amendment to Condition C is
recommended to preserve the original compliance deadline established under Ordinance
No.03-82.
-2-
RECOMMENDATION
For the reasons stated above,the Planning Director recommends that the Planning
Commission forward a favorable recommendation of the accompanying bill to the County
Council to amend to Condition F of Ordinance No.03-82.
-.3-
iJVIYI�� _
1 Butchie II, LLC
1342 Kilauea Avenue ': E_ ,
Hilo HI 96720
(808)935-1121
February 28,2011
Ms. Bobbie Jean Leithead-Todd
Planning Director
County of Hawaii
101 Pauahi St, Suite 3
Hilo HI 96720-3043
Re: Kanoelehua Avenue
TMK: 3/2-2-35-61
Dear Bobbie Jean:
I hope all is well with you.
As you are aware, there is a requirement on the above referenced property stating
connection to the sewer line must be made.
There is no sewer line fronting this property along Kanoelehua Avenue as
confirmed per the attached form from the Wastewater Division.
We would appreciate some kind of memo for our files so we can proceed with our
building plans.
Thank you for your continued cooperation and assistance.
Sincerely
is
/:;
i .
Bill `Butchie"Brilhante
Butchie II, LLC
enclosure
Planning Dept.
Cc: Mr. William Takaba Exhibit
Managing Director, County of Hawaii A
SCANNED
MAR031a1i
REQUEST FOR PUBLIC INFORMATION
TO: COUNTY OF HAWAII—DEM DATE: a!d I I 1!
WASTEWATER DIVISION
FAX: (808)961-8644 PHONE: (808)961-8338
FROM:
MAILING ADDRESS:
FAX: PHONE:
SUBJECT: INFORMATION REQUESTED FOR TMK: 3) a- •3S = d('I
NOTE: THIS FORM APPLIES ONLY TO PROPERTIES LOCATED IN THE HILO, PAUKAA, PAPAIKOU, PEPEEKEO,
KAPEHU AND KAILUA-KONA AREAS.
ALL OTHER PROPERTIES ARE NOT IN VICINITY OF PUBLIC SEWER
(FOR DEPARTMENT OF ENVIRONMENTAL MANAGEMENT USE ONLY)
NOT
YES NO KNOWN
❑ ��� ❑ Property is accessible to the public sewer.
❑ ❑ Property is currently being billed sewer user charges.
❑ ❑ Property is connected to a public sewer.
❑ ❑ ❑ Extension of public sewer service to property is scheduled within the next 2 years.
D. ❑ ❑ Extension of public sewer service to property is scheduled within the next 10 years.
Comments:
Notes:
According to Hawaii County Code,Section 21-5 (Connection to sewer required),"Owners of all dwellings,buildings,
or properties used for human occupancy,employment,recreation,or other purposes,which are accessible to a sewer
are required to connect directly with the public sewer...". In addition,"The director may grant a variance/exemption
of the foregoing connection requirements to owners of single-family dwellings...". Please refer to Section 21-5 of the
County Code for additional details.
According to the Plumbing Code,a cleanout is required to be installed at the property line. In the event that a cleanout
is not installed and it is determined that the property is currently connected to the sewer system,installation of a
cleanout will be required.
Investigations of the connection status may be available through the Wastewater Division on a time available basis.
Confirmation of connection status does not guarantee that all permits and approvals have been granted. Please contact
the Wastewater Division for further information.
Requests for Public Information will be responded to within 10 days of receipt.
Antoinette L Nakatani __.. ------------ t j 2711 1
Wastewater Division Date
Hawaii County is an Equal Opportunity Provider and Employer Amended 04/30/04
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Planning Dept.•
Exhibit G
http://coh40/aspnet client/ESR/WebADF/PrintTaslcLayautTemplates/default.htm 4/8/2011
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COUNTY OF HAWAII -:''a--= 4'`�
: -�j :�. STATE OF HAWAII
BILL NO. 293
ORDINANCE NO. 08 96 (DRAFT 2)
AN ORDINANCE AMENDING ORDINANCE NO. 07 40 WHICH RECLASSIFIED LANDS
FROM LIMITED INDUSTRIAL—20,000 SQUARE FEET(ML-20)TO INDUSTRIAL-
COMMERCIAL MIXED USE—20,000 SQUARE FEET(MCX-20)AT WAIAKEA, SOUTH
HILO,HAWAI'I,COVERED BY TAX MAP KEY 2-2-35:47.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 07 40 is amended as follows:
"SECTION 2. In accordance with Section 25-2-44,Hawai`i County Code 1983 (2005
Edition)the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be 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.
A. The applicant,its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within 180 days from the effective date of this ordinance.
•
C. Construction of the proposed development shall be completed within five(5)
years from the effective date of this ordinance. Prior to construction,the
applicant, successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
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),Chapter 25 (Zoning Code),Hawaii County
Code.
D. Ingress and egress to the subject property from Kanoelehua Avenue shall meet
with the approval of the Department of Transportation. Any improvements, if
required, shall meet with the approval of the Department of Transportation.
E. The applicant shall submit a completed FAA(Federal Aviation Administration)
Form 7460-1 to the FAA for review. A copy of the completed form shall also be
submitted to the Planning Director prior to Final Plan Approval.
F. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. If required,a drainage study shall be
prepared and submitted to the Department of Public Works prior to the issuance
of Final Plan Approval. 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.
-2-
•
G. .. . .
a Certificate of Occupancy] Individual wastewater systems shall be installed,
meeting with the approval of the Department of Health. Although the Property is
not currently directly accessible to the public sewer along Kanoelehua Avenue,
upon receipt by the Applicant and/or its successors and assigns of official
notice that the Property is accessible to the public sewer,all buildings on the
Property shall be connected to the public sewer,pursuant to section 21-5(a),
Hawai`i County Code,as amended.
H. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
I. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
State Historic Preservation Division(DLNR-HPD)shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
K. The applicant shall comply with all County, State and Federal laws, rules,
regulations and requirements.
-3-
L. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant,successors or assigns,and
that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
3. Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance(i.e.,a condition to be performed within
one year may be extended for-up to one additional year).
5. If the applicant should require an additional extension of time,the Planning
Department shall submit the applicant's request to the Planning Commission
for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning of the area to its original or
more appropriate designation."
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
-4-
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: rC
COUN IL ME ER, COUNTY OF AI`I
Hilo, Hawaii
Date of Introduction: June 3, 2008
Date of Ist Reading: June 3, 2008
Date of 2nd Reading: June 18, 2008
Effective Date: June 30, 2008
REFERENCE; Comm.
1192.2
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7116 100 0. ip6 a► MO VD "TOM
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
1983(2005 EAMON),BY CHANGING THE DISTRICT CLASSIFICATION
FROM LIMITED INDUSTRIAL-20,000 SQ.FT.(ML-20) .
TO INDUSTRIAL—COMMERCIAL MIXED-20,000 SQ. FT.(MCX 20)
AT WAIAKEA,SOUTH HILO,HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
FOR'REFERENCE ONLY
K.:2 2 :041 Date:October 410,2006
EXHIBIT"A"
Mork ReaR1r:1215}
I
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
(Draft 2)
Introduced By: Stacy K. Higa ROLL CALL VOTE
Date Introduced: June 3, 2008 AYES NOES ABS EX
First Reading: June 3, 2008 Ford X
Published: N/A Higa X
Hoffmann X
REMARKS: Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
Second Reading: June 18, 2008
7 0 2 0
To Mayor: June 26, 2008
Returned: June 30, 2008
ROLL CALL VOTE
Effective: June 30, 2008 AYES NOES ABS EX
Published: July 9, 2008
Ford X
Higa X
czo
REMARKS.
Hoffmann X r Z
Ikeda X •'- r
r
Jacobson X b = 1
— — Naeole X -0 1
Pilago X
Yagong X
Yoshimoto X ry
9 0 0 0
/DO HEREBY CERTIFY that the foregoing BILL was •-:: -- • the County Council published as
indicated above. _fit
APPROVED AS TO Ne,'
F04 AND LEG• ITY:
D 'U ORPORATION !.UNSEL ,
COUN OF HAWAII t
Date JUN 2 6 2006 COUN L RK
Bill No.: 293 (Draft 2)
approv ' Disapproved this �D day
Reference: C-1192.2/PC 84
uJ JU.410 20 d Ord No.: OS 96
1.9 YO LAITY OF HAWAII
oY �-
CARLSMITH BALL LL FB 19 Pfd 1 ? 5I
A LIMITED LIABILITY LAW PARTNERSHIP tl""j�')��\�t { ;_ �jt y T�7��N�'
BOUNTY OF HAWAII
121 WAIANUENUE AVENUE
P.O.Box 686
HILO,HAWAII 96721-0686
TELEPHONE 808.935.6644 FAX 808.935.7975
W W W.CARLSMITH.COM
SLIM@CARLSMITH.COM
February 15, 2008
Christopher Yuen
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Ordinance No. 07-40
Applicant: Clark Realty Corporation, a Hawaii corporation
Request: Deletion of Condition G
TMK: (3) 2-2-35:047
Dear Mr. Yuen:
This firm represents Clark Realty Corporation, a Hawaii corporation, under Ordinance
No. 07-40 ("Ord. 07-40"). Ord. 07-40 effective 04/04/07 changed the district classification for
the Property from Limited Industrial 20,000 square feet (ML-20) to Industrial-Commercial
Mixed 20,000 square feet (MCX-20) for approximately 21,050 square feet to allow for the
construction of an approximately 8,532d square foot two-story office building and related
improvements.
Condition G provides that:
" The project shall connect to the existing County sewerline prior
to the issuance of a Certificate of Occupancy."
During the rezoning review and approval process, the Department of Environmental
Management, Wastewater Division("DEM")had recommended that the existing sewer system
be extended to the Project as a condition for rezoning approval. However, the DEM has since
reconsidered its earlier position requiring the Project to connect to the County sewerline and by
letter dated 01/17/08 has exempted the Project from such requirement (Exhibit 1).
Therefore, on behalf of Clark Realty Corporation, this will request that Condition G be
deleted in it's entirety. As provided in Condition K, the Applicant will comply with State
Department of Health requirements relative to the method of sewage disposal. We enclose a
filing fee of$250.00.
EXHIBIT 32
b
HONOLULU • KAP°,FT • HILO • KONA • MAUI G 5 S;IIY!1N • I us A C:F:T F5
ti
Christopher J. Yuen
February 15, 2008
Page 2
Please feel free to contact me or my paralegal Katherine Luga should you have any
questions or require additional information concerning this request. Thank you for your
consideration and assistance.
Very truly yours,
STEVEN S.C. L I�
SSL/KYL
xc: Clark Realty Corporation
Robert D. Triantos, Esq.
4852-1421-2354.1.023459-00042
g '
'- Bobby Jean Leithead-Todd
Harry Kim i.;,�� ', ��'•.: Director
Mayor n•t. •
�a;•M ! Nelson Ho
(/'�� �*y�Tt Deputy Director
ituuufv afAtftntt`t
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo,Hawaii 96720
(808)961-8083•Fax(808)961-8086
http://co.hawaii.hi.us/directary/dir envmna.htm
January 17, 2008
Mr. Barry Francis
Vice President
Clark Realty Corporation
75-5722 Kuakini Highway
Suite 203
Kailua-Kona, HI 96740
Re: Request for Exemption to Connect to Public Sewer
TMK: 2-2-35:47
Dear Mr. Francis,
1 am in receipt of your request dated November 26, 2007. This letter is to confirm my December
6, 2007 email notifying you that your request would be approved by the department.
The Wastewater Division previously recommended that the property owner be required to extend
the sewer system as a condition for rezoning approval as indicated in Bill 30. Since the County
sewer line is not currently located within Kanoelehua Street where the property is located and
due to the high expenditure that would be required to extend the sewer system to service the
property,the Department has reconsidered it's position and is approving your request for
exemption to connect to the County sewer line.
If you have questions or require additional clarification, please do not hesitate to contact me at
961-8083 or Bert Saito, Wastewater Division Chief at 961-8513.
Sincerely, C/e,
Bobby Jean Leithead Todd
DIRECTOR
cc: Harry Kim, Mayor
Ivan Torigoe, Corporation Counsel
Bert Saito, WWD Chief
Lillian You, WWD Accountant 1
Matt McWhirter
County of t tawai'i is an Equal Opportunity Provider and Employer