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HomeMy WebLinkAboutCOM 0275.000 1998-2000 t~ N rJ~~~ William G. Davis Mangging Director Stephen K. Yamashiro Mayor Henry Cho ~R,o•,M'~~•` Depufy Managing Director fi~aurt#g of ~ttfutcii 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuaki[ti Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 Apri126, 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: /Change of Zone Ordinance No. 96-159 (REZ 840) Applicant: Finance Holdings Request: Amendment to Conditions B, D, E, I, J & K Tax Map Key: 2-2-44:3, 31, 32, 35 and 37 Change of Zone Application (REZ 98-27) Applicant: Nanawale Estates Co. Request: O to RA-la Tax Map Key: 1-4-47:87 Change of Zone Application (REZ 98-28) Applicant: Nanawale Estates Co. Request: O to RA-la and A-Sa Tax Map Key: 1-4-59:77 Change of Zone Application (REZ 98-29) Applicant: Nanawale Estates Co. Request: O to FA-la Tax Map Key: 1-4-76:38 e,yi ~t rA~. N0. 2 7S File ve. 2 N G/H ftef, To: P~ ftef. Date'APR Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 Apri126, 1999 Amend Hawaii County Code -Chapter 23 (Subdivisions) Initiator: Planning Director Amend Hawaii County Code -Chapter 25 (Zoning) Initiator: Planning Director Change of Zone Application (REZ 99-004) Applicant: Leigh R. Hilbert Request: O and A-la to FA-2a Tax Map Key: 1-4-73:18 As required by Chapter 4, Sec. 5-4.3(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, ~ ~ ~ IY~v' p en K,~~/ ashiro Mayor L041699.MAY Enclosures cc: Planning Department Mtv Os ~l'.~ ~VL~ Stephrn K. Yanmshiro Mayor ~Ji ~ ~ea~OF MFG' KLD1Yxt~~1 II~ ~tt~2Ytt PLANNING COMMISSION 25 Aupuni Street, Room 109 • Wlo, Hawaii %720-{252 (808) 961-8288 Fax (808) 9649615 APR 2 6 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 96-159 (REZ 840) Applicant: Finance Holdings Request: Amendment to Conditions B, D, E, I, J & K Tax Map Key: 2-2-44:3. 31.32. 35 and 37 The Planning Commission, after a duly held public hearing on April 16, 1999, voted to recommend for your approval the proposed legislative bill to amend Conditions B, D, E, I, J and K of Change of Zone Ordinance No. 96-159, which changed the district classification of land from Single Family Residential (RS-10) to Neighborhood Commercial (CN-7.5). The amendment to the conditions relates to submittal of water commitment requirements, location of proposed commercial area, restriction of access requirement, deletion of submittal of a Traffic Impact Analysis Report, reduction of curbs, gutter and sidewalk improvements along Kahaopea Street, and deletion of construction of Awapuhi Street extension. The property is the former Hirose Nursery located at the southeast corner of the Kanoelehua Avenue and Kahaopea Street intersection at Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting to amend various conditions of Change of Zone Ordinance No. 96-159, that were originally approved by the County Council for Tri-Electric, Inc. effective December 5, 1996. The original applicant proposed to develop the property with mixed uses -including single family and multiple family Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 residential, a small commercial area and community building. Subsequent to that time, Finance Holdings, Ltd. acquired the properties in late 1997, in conjunction with a foreclosure action against the prior owners by the affiliated company Finance Factors, Ltd. The new applicant intends to commence with the neighborhood commercial component of the development and is seriously reconsidering on whether to include a residential component as originally planned. According to the applicant, the approval of the request to amend Conditions B, D, E, I, J and K, would enable them to develop a viable project in light of the present state of the economy. These amendments relate to submittal of water commitment requirements, location of proposed commercial area, restriction of access requirement, deletion of submittal of Traffic Impact Analysis Report, reduction of curbs, gutter and sidewalk improvements along Kahaopea Street and deletion of construction of Awapuhi Street extension. The subject properties total approximately 7.29 acres and consist of five parcels that are located on the corner of Kahaopea Street and Kanoelehua Avenue. Approximately 60% of the property is relatively flat (Zone X) and slopes lower to the east. The remaining eastern portion of the property is located in Zone "AE" (100-year special flood hazard area) according to the current Flood Insurance Map. Within the AE zone, there is a floodway and the flood fringe. Existing structures include the Hirose Nursery building and one dwelling. There is a parcel in the middle of the subject lands with frontage along Kanoelehua Avenue, TMK: 2-2-44:30, that is not a part of this request. The subject properties have an overgrowth of trees, including mango and palms. Buildings are not easily visible from the Kanoelehua Avenue. Access to the subject development would be from Kahaopea Street which is a County roadway with a 40-foot right-of--way. The Hilo zoned map references Kahaopea Street as a collector street, which requires a 60-foot right-of way. The original applicant proposed to align a proposed access road into the development to meet with Awapuhi Street, which is presently aCounty-dedicated roadway that borders the southern boundary of the property. The request to amend the following Conditions B, D, I, J and K would be in keeping with the General Plan, not unreasonably burden public agencies and would be in keeping with the original reasons for granting the change of zone. The applicant is requesting that Condition B be amended to defer the water commitment due date from within 90 from the effective date of the rezoning to prior to any subdivision or development. The 90-day requirement is a standard condition included in Change of Zone Ordinances to ensure water availability. The purpose of the water commitment payment is to provide assurance that water is and will be available to the subject properties. A delay in payments may affect the availability of Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 water to the project. No water commitment deposit has been paid to date. The Department of Water Supply did not have any objections to delaying the payment date; however, they did state that unless a payment is made, water availability is subject to change. With new owners, it is believed that a request for a time extension to make the water commitment payment is a reasonable request. Standard procedures and requirements within the Planning Department for processing subdivisions require that all water commitments be paid prior to securing Tentative Subdivision Approval. The applicant should be aware, however, that assurances for water availability can only be secured upon submittal of the water commitment to the Department of Water Supply. Based on the applicant's request, Condition B is amended, as follows: B. The anticipated maximum daily water usage shall be submitted and the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" [within ninety (90) days from the effective date of the rezoning] prior to securing Tentative Subdivision Approval. The request to delete the section of Condition D which limits commercial uses to the area between the proposed extension of Awapuhi Street and the Kanoelehua Highway is a reasonable request. The entire development azea, to include TMK: 2-2-44: 3, 31, 32, 35 and 37, falls within the Low Density Urban designation on the General Plan. With approval of the CN-7.5 zoning, the applicant has secured the rights to use the subject properties for commercial uses. To limit commercial uses to specific portions of the property without cause would be unreasonable. Other agency requirements, in relation to flood zone and drainage, may place limitations on the extent and location of development on the subject property. In addition to the applicant's request, it is recommended that the last sentence in Condition D, limiting the maximum residential density to 3,000 squaze feet of land for each dwelling, also be deleted, as the applicant should be allowed to develop the properties in accordance with Zoning Code requirements for the Neighborhood Commercial zoned district. This district classification allows for single-family or multiple-family dwellings with a maximum density of 1,250 squaze feet of land per rentable dwelling or dwelling unit. Also, in accordance with Planning Depaztment's Rule 17, Landscaping Requirements, it is recommended that the wording of Condition D on landscaping requirements be reworded to require the submittal of a Landscaping Plan. Based on the above, Condition D would be amended to read as follows: D. In conjunction with the submittal of plans for subdivision review or plan approval review, a master plan for the subject property shall be filed Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 with the Planning Director. Final Plan Approval for the subject property and related improvements shall also be secured from the Planning Director. Plans to be submitted for final subdivision approval or final plan approval shall also comply with the approved master plan and all conditions of approval set forth in this ordinance. The purpose of the master plan is to provide comprehensive principles and guidelines for the commercial and residential development within the subject property in order to assure that the development is compatible with the surrounding azea. The master plan shall include, but not be limited to, standazds and guidelines relative to open space, azchitecture building controls (appearance, siting, heights, building materials, signs, etc.), terrain, topography, off-street parking, landscaping, setbacks from property lines and buildings, lot coverage ratio, etc. and enforcement procedures. A Landsca~g Plan. in accordance with PlanninGg Depaztment's Rule 17 shall also be submitted to (Plans shall) include landscaping along property boundazies, for the purpose of mitigating any potential adverse noise and visual impacts to adjoining pazcels and the intersection. Multiple-family residential structures shall be designed to be in keeping with the single family residential character of the azea. [To ensure that uses of the subject property meet the intent of the "Low Density" designation of the General Plan Land Use Pattern Allocation Guide Map, all commercial uses, with the exception of any required parking, shall be limited to the land area between the proposed extension of Awapuhi Street and the Kanoelehua Highway. Further the maximum residential density shall be three thousand square feet of land area for each dwelling unit.J The applicant's request to delete Condition I regazding the requirement to construct the Awapuhi Street extension and dedicate it to the County, is considered a reasonable request. It is more feasible to wait for a traffic study and flood study, thereby allowing the applicant some flexibility to discuss their new plans further with the affected agencies. Awapuhi Street presently exists with a stubout adjacent and to the south (mauka) of the subject property in the Ruthie Subdivision. It also exists to the north (makai) across of Kahaopea Street. Although, the construction of an Awapuhi Street connection is desirable, it may not be a feasible option if flooding prohibits it's construction. Although, the previous applicant's original plans included construction of Awapuhi Street, new conceptual plans indicate a roadway commecting to Kanoelehua Avenue. In addition, even with the deletion of Condition I, there is still a Condition K that requires all accesses and roadways within the subject property to meet with the requirements of the Depaztment of Public Works and/or Depaztment of Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Transportation. If final discussions determine that Awapuhi Street should still be constructed, then the applicant shall comply with the construction of the Awapuhi Street connection. Based on the above, it is recommended that Condition I, which presently reads as follows, be deleted: [I. The applicant shall construct an extension of Awapuhi Street across the subject property to Kahaopea Street and shall dedicate the street extension to the County upon its completion. The street extension shall be constructed to county dedicable standards or to such other standards as may be specified in a planned unit development permit.] The applicant has also requested an amendment to Condition J, to reduce the requirement that curbs, gutter and sidewalk improvements be required along the entire Kahaopea Street frontage of the subject property. Reasons are that, due to the Palai Street Floodway, major improvements may be required, including the construction of a bridge structure. Comments from the Department of Public Works, recommend that installation of improvements along the entire frontage along Kahaopea Street still be a requirement rather than only up to a proposed driveway. They also state that the construction of a bridge structure does not seem necessary. Particularly, since the proposed development will be commercial in nature, standards should be maintained that ensure the safety of the public. With the proposed signalization improvements at the Kahaopea/Kanoelehua Avenue intersection, there may be more people living within the vicinity walking to/from the site. Public safety is a major component to development of a commercial site. Due to the Fact, however, that a flood study has not yet been conducted, some flexibility is reasonable, should major drainage improvements be required that would make the roadway improvements infeasible. As such, it is recommended that curb, gutter and sidewalk improvements be required between Kanohelehua Avenue and the access road along the south side of Kahaopea Street. For the area fronting the subject property between the access road and the eastern boundary, we agree that these or other improvements should be required by the Department of Public Works provided that no major drainage structures, such as a bridge or culvert, aze required by such improvements. Based on the above, Condition J is amended as follows: J. Prior to securing final subdivision approval or the issuance of certificate of occupancy for the subject property, which ever occurs first, the south is de 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 Kanoelehua Avenue an_d the access road to the subject meeting with the approval of the Department of Public Works and shall be dedicated to the County upon its request. For the area fronting hP ci jgssp~~r~ between the access road and the eastern boundary these or o her improvements may be required by the Department of Public Works provided that no maior drainage structures such as a bridge or culvert are required by such improvements. Although the applicant is requesting that a section of Condition K, that requires the existing driveway access on Kahaopea Street to be closed and access to be by Awapuhi Street be deleted, it is recommended that this condition be amended only. It should still be included that access to the subject property be by way of the Awapuhi Street extension or an acceptable access point as agreed upon by the Planning Director in consultation with the Department of Public Works and/or Department of Transportation. It may be premature to have the construction of a new Awapuhi Street access driveway extension be an absolute requirement prior to the preparation of a flood study and traffic study. According to the applicant, they are in discussion with the Department of Transportation. A recent letter from the Department of Transportation requests that Kahaopea Street access be closed and Awapuhi Street be used. Due to the close proximity of the existing driveway to the Kahaopea Street/Kanoelehua Avenue intersection, it is agreed that the existing access should be closed. However, should the construction of the Awapuhi Street extension not be feasible due to flood issues, other options can be discussed with the Department of Transportation and/or Department of Public Works for an alternate access point. Amending this section of Condition K, provides the new owners some flexibility and time for discussion with the affected agencies on an alternate interior roadway design and access location, based on considerations and recommendations of the TIAR and flood study. The main focus of Condition K will remain, thereby requiring all accesses and roadways to meet with the requirements of Department of Public Works and/or Department of Transportation with the closing of the existing access. Based on the above, rather than delete Condition K, it is recommended that Condition K be amended as follows: K. Accesses to the property and all roadways within the subject property shall meet with the requirements and approval of the Planning Director. upon consultation with the Department of Public Works and/or the State Department of Transportation. The applicant shall close the existing driveway access on Kahaopea Street and access to the subject property shall be by the way of the Awapuhi Street extension or an alternate access point as agreed upon by the Planning Director. upon consultation • Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 with the Denartment of Public Works and/or State Department of Transportation. The request to amend Condition E, on the other hand, would unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, school improvements, police and fire protection, and other related infrastructure and would not be in keeping with the original reasons for granting the change of zone. These amendments may also adversely affect similar or related existing uses within the surrounding area, community or region. The applicant is also requesting to delete portions of Condition E, regarding the submittal of a Traffic Impact Analysis Report (TIAR). It is recommended that the TIAR requirement be kept as a condition. According to the Department of Public Works, a TIAR is instrumental in assessing present and future level of service of traffic impact from a development. It provides a forecast of traffic volumes and makes recommendations for improvements. This information is the basis for determining the need for future roadway and intersection improvements in the vicinity. The submittal of a TIAR was originally recommended by the Department of Public Works. Both the Depaztment of Public Works and Department of Transportation, in providing comments on this request, have recommended that the submittal of a TIAR still be required. It is recommended that Condition E, remain as a condition, with a minor amendment that improvements/pro rata shaze are made in meeting with the approval of Department of Public Works and Department of Transportation, as follows: E. A Traffic Impact Analysis Report shall be submitted for review and approval by the Department of Public Works and the Department of Transportation prior to the submittal of plans for subdivision review. Prior to the issuance of the certificate of occupancy for any portion of the subject property, the applicant shall be responsible for constructing and/or paying for its pro rata share of intersection improvements at the intersection of Kanoelehua Avenue and Kahaopea Street subject to the traffic mitigation measures required by the Traffic Impact Analysis Report for the subject property meeting with the approval of the Department of Public Works and Department of Transportation. Finally, comments received from the Department of Water Supply, Department of Public Works and the State Department of Transportation have been considered in determining whether to approve the applicant's request to amend conditions of Ordinance No. 96-159. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 Based on the above findings, proposed amendments to Conditions B, D, I, J and K aze not contrary to the original reasons for approving the Change of Zone. On the otherhand, the proposed amendment to Condition E would be contrary to the original reasons for approving the Change of Zone, place an additional burden on public agencies and may adversely affect similaz or related existing uses within the surrounding area, community or region. It is recommended that a favorable recommendation be forwazded to the County Council to amend only Conditions B, D, I,JandK. For your favorable consideration, an amendment to Conditions B, D, I, J and K of Ordinance No. 96-159 is transmitted. Conditions have been realphabetized to reflect changes. We are enclosing a copy of the request and a copy of the staff background for your information. Sincerely, ~JGI,v~?~/Y f f~~~ o/1`i? Leonard Tanaka, Chairman Planning Commission LFinan02.PC Enclosures cc: Mr. Robert Miyasato Depaztment of Public Works Department of Water Supply Kazu Hayashida, Director/DOT-Highways, Honolulu WILLIAM L. MOORS PLANNING 159 HALM STREET " f HILO,HAWAII 96720 (808) 935-0311/Fax (SOS) 934-0162 ~ ~ ' '1 ~ : ' r c . ~1 February 23, 1999 ~ Virginia Goldstein, Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Change of Zone Ordinance No. 96-159; Application REZ 840 Finance Holdings, Ltd. Waiakea, South Hilo, Hawaii Island TMK: 2-2-44: 3, 31, 32, 35 and 37 This is to follow up with respect to the letter of October 16, 1998 from Finance Holdings, Ltd., requesting certain changes be made to the conditions of approval of Ordinance No. 96-159 as well as discussion with your staff. In addition to the proposed amendments to Ordinance No. 96-159, we are requesting that an amendment to Condition J be considered as well. The proposed revision is shown below, with deletions bracketed and new material underscored and bolded. Proposed Revisions to Condition J Prior to securing final subdivision approval or the issuance of certificate of occupancy for the subject property, which ever occurs first, the south side of Kahaopea Street shall be improved and widened with the construction of curbs, gutter and sidewalk improvements (with pavement widening and transitions) fronting the subject property,l2¢tween Kanolehua Avenue and the access road to the subject area. meeting with the approval of the Department of Public Works and shall be dedicated to the County upon its request. Justification: The Palai Stream floodway extends through the eastern portion of the subject area. If Kahaopea Street is required to be widened and improved through the floodway, major improvements may be required, including construction of a bridge structure. In order to ensure the project area can be reasonably developed, we feel that the improvements should ATTACH. C-275 (B-74) Virginia Goldstein February 23, 1999 Page No. 2 be limited to the portions of Kahaopea Street that are outside or on the fringe of the floodway. This will also minimize develop within the floodway with its potential impacts on down stream areas. The proposed amendment also limits the proposed improvements and widening of Kahaopea Street to the south side. Finance Holdings, Ltd. does not control the north side of Kahaopea Street. Consequently, it would not be able to acquire the land necessary for widening of the roadway. We apologize for any inconvenience in considering this proposed revision. Please call me if you have any questions or require any additional information on this matter. Sincerely, ~U~,~tJa~^ ~ ~ n~-- William L. Moore cc: Robert Miyasato, President, Finance Holdings, Ltd. Roland Higashi, President, Creative Arts Hawaii BPinanOl.skg~/5/99 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT FINANCE HOLDINGS, LTD. CHANGE OF ZONE ORDINANCE NO. 96-159 (REZ 840) AMENDMMIIV'T TO CONDITIONS B. D. E. I. J and K FINANCE HOLDINGS, LTD. is requesting to amend Conditions B, D, E, I, J and K of Change of Zone Ordinance No. 96-159, which changed the district classification of land from Single Family Residential (RS-10) to Neighborhood Commercial (CN-7.5) The amendment to conditions relates to submittal of water commitment requirements, location of proposed commercial azea, restriction of access requirement, deletion of submittal of Traffic Impact Analysis Report, reduction of curbs, gutter and sidewalk improvements along Kahaopea Street, and deletion of construction of Awapuhi Street extension. This property is the former Hirose Nursery located at the southeast corner of the Kancelehua Avenue and Kahaopea Street intersection at Waiakea, South Hilo, Hawaii, TMK: 2-2-44: 3, 31, 32, 35 & 37. BACKGROUND INFORMATION 1. Ordinance No 96-159: Effective November 14, 1996, the County Council approved the applicant's request to reclassify the subject pazcel from an RS-10 to a CN-7.5 zoned district. The applicants originally proposed to develop the property with mixed uses - including single family and multiple family residential; a small commercial area and community center. The developer was considering the option of applying for a Planned Unit Development. The landowner/applicant at that time was Tri-Electric, Inc., with William M. Hirose, as President. Subsequent to that time, Finance Holdings, Ltd. acquired the properties in late 1997, in conjunction with a foreclosure action against the prior owners by the affiliated company Finance Factors, Ltd. (See Exhibit A -Ordinance No. 96-159) 2. Landowners: The landowner for the TMK: 2-2-44: 03 is the Mazgazet Hirose Trust. Permission to apply for the subject amendments was granted by Helen Doi, Trustee. TMK: 2-2-44: 31, 32, 35 and 37 aze owned by Finance Holdings, Ltd., who filed the request to amend Conditions of Ordinance No. 96-159. 3. Tax Clearance: At the time of filing, a tax cleazance from the Real Property Tax Division in Hilo, was submitted with the application. APPLICANTS' REQUEST 4. Original Request/Reasons: By letter dated October 16, 1998 with attachments and letter dated February 23, 1999, the applicant requested amendments to Conditions B, D, E, I, J and K of Ordinance No. 96-159. Finance Holdings, Inc., as new owners, intend to commence with the neighborhood commercial component of the development and aze seriously rewnsidering whether to include a residential component as originally planned. These amendments relate to the following: 1. Defer water commitment payment (Condition B): Applicant wants to defer the required water commitment payment from 90 days from the effective date of rezoning to prior to any subdivision or development, which they feel is a more reasonable time frame. The water commitment has not been paid to date. 2. Remove limitation on location of proposed commercial area (Condition D): According to this condition, commercial uses aze limited to an azea between the proposed extension of Awapuhi Street and Kanoelehua Highway. Since the entire pazcel is designated Low Density Urban on the General Plan, the applicant doesn't want limitations placed on them as to where the development should be located. 3. Delete requirement to submit a Tra„~ic Impact Analysis Report (77AR) (Condition E): Applicant feels that a TZAR in an unreasonable expense and that intersection improvements are already required as conditions. 4. Delete requiremera to construct the Awapuhi Street extension and dedicate it to the County (Condition I): Applicant feels that the construction of the Awapuhi Street extension should be deleted since topographic conditions make it infeasible from an economic standpoint. 5. Reduce the requiremera to install curbs, gutter and sidewalk improvemens along the entire subject frontage of Kahaopea Street (Condition J): The request -2- is that the improvements be reduced and required only from Kanoelehua Avenue up to the access road for the subject property rather than the entire frontage along Kahaopea Street. Reasons are that due to the situation that the Palm stream floodway extends through the eastern portion of the subject azea, major improvements may be required, including construction of a bridge structure. 6. Remove restriction of access location on Kahaopea Street (Condition K): The request is to remove the restriction that the existing driveway access on Kahaopea Street be closed and that a new access be by way of the Awapuhi Street extension. Applicant would like some flexibility to work out an access plan acceptable to the State and County without restrictions. At the time of application submittal, discussions were ongoing with the State Department of Transportation. According to the applicant, approval of their request to amend Conditions B, D, E, I, J and K would enable them to develop a viable project in light of the present state of the economy. (See Exhibit B -Letter of request with attachments from Finance Holdings, Ltd. dated October 16, 1998 and February 10, 1999; and letter dated February 23, 1999 amending request to include Condition .n 5. Initial Public Hearing/Amended Request: Upon submittal of their original request to amend Conditions, B, D, E, I and K; and a scheduled Planning Commission Public Heazing held on February 19, 1999, the applicants requested that their application be deferred to the next public hearing in Hilo. Subsequently, the applicant submitted a request to also amend Condition J. 6. Tri-Electric, Inc.'s Original Plans: Tri-Electric, Inc. the previous owner, originally proposed to consolidate and resubdivide the property in order to develop a diversity of mixed uses -including single-family residential, multiple-family residential, a small commercial area and community center. Plans were to landscape the development and construct a road connecting the adjacent subdivision with Kahaopea Street. Lots would range in size from approximately 7,560 squaze feet to 50,400 squaze feet, with the developer considering the option of applying for a Planned Unit Development (PUD). -3- With the CN-7.5 designated zoning, the applicants aze entitled to develop single-family or multiple-family dwellings with a maximum density of 1,250 squaze feet of land per rental dwelling or dwelling unit. (See Exhibit C -Conceptual Plans for previously owned Tri-Electric development) D - ip7'~ON OF PRO .RTY A_ SUR1t0 IN A_RFA 7. Subject Property: The subject properties total approximately 7.29 acres and consist of five pamels. They are located on the comer of Kahaopea Street and Kanoelehua Avenue. Approximately 60% of the property is relatively flat (Zone 3~ and slopes lower to the east. The remaining eastern portion of the property aze located in Zone "AE" (100-yeaz special flood hazard area) according to the current Flood Insurance Map. Within the AE zone, there is a floodway and the flood fringe. Existing structures include the Hirose Nursery building and one dwelling. The subject property has an overgrowth of trees, including mango and palms. Buildings are not easily visible from the Kanoelehua Avenue. There is a paroel surrounded by the subject parcels, TMK: 2-2-44:30 that is not apart of this request. 8. Surrounding Zoning/[Isea: Properties surrounding the subject pazcels are zoned RS-10. The subject property is bordered by ICahaopea Street to the North with single family residences across the street. To the south is the Ruthie Subdivision which was subdivided into 21 lots in 1994 and further subdivided into 251ots in 1997. Awapuhi Street was constructed in 1994 for providing access to these lots. To the east is privately-owned vacant land that is located within a floodway. The property is bordered by I{anoelehua Avenue to the west; and located diagonally across the Puainako Shopping Center, which is zoned CN-10. The project site had been in nonconforming commercial use as the Hirose Nursery, which operated a garden, plant nursery and snack shop. The operations ceased yeazs ago. PUBLIC FACILITIES AND UTII,ITIES 9. Access: Access to the subject development would be from Kahaopea Street which is a County roadway with a 40-foot right-of-way. The Hilo zoned map references I{ahaopea Street as a collector street -which requires a 60-foot right-of way. The -4- Department of Public Works originally recommended 1) improvements to I{ahaopea Street to include curb, gutter and sidewalks and pavement widening and transitions; and 2) the construction of the Awapuhi Street extension and 3) the submittal of a TIAR. I{ahaopea Street intersects with ICanoelehua Avenue, which is a State Highway. During the original rezoning request, the State Department of Transportation recommended intersection improvements, to include street lights, signalization and right-taro deceleration on the northbound side of I{anoelehua Avenue. They also recommended closing the existing driveway and providing a new driveway connecting to the existing Awapuhi Street. The original applicant proposed to align a proposed access road into the development to meet with Awapuhi Street, which is a paved County-dedicated roadway with a 50-foot right of way bordering the southern boundary of the property and provides access to lots within the adjacent Ruthie Subdivision. Awapuhi Street also extends on the north side of I{ahaopea Street and on the south side of East ICawailani Street. 10. Water: Water can be made available to the subject property from an existing 8-inch waterline along Kahaopea Street, a 20-inch line along Kanoelehua Avenue, and from the end of an existing 8-inch waterline along Road A. The water commitment deposit has not been paid as of date. 11. Other essential Utilities and Services are or can be made available to support the proposed development. AGENCIES' COMMENTS 12. Fire Department (March 9, 1999 Memo): - "We have no comments on the above-referenced Change of Zone Application." (See also Exhibit D -February 1, 1999 and Applicant's Letter of Respoase dated February 10, 1999) 13. Real Property Tas Office (March 3, 1999 Memo): "There are no comments at this time. Current Real Property taxes aze paid through June 30, 1999." Applicant's Letter of Response dated March 29, 1999: "This is to acknowledge receipt of a copy of the memorandum dated Mazch 3, 1999 -5- from the Department of Finance -Real Property Tax regazding the proposed amendments to Change of Zone Ordinance No. 96-159 (REZ 840), Waiakea, South Hilo, Hgwaii Island indicating that they do not have any comments on the proposed request at this time." 14. Department of Public Works: (See Exhibit E -January 13, 1999 and Applicant's Letter of Response dated February 10, 1999. Also see March 10, 1999 Memo and Applicant's Letter of Response dated March 29, 1999) 15. Department of Water Supply: (See Exhibit F -January 27, 1999 Memo and Applicant's Letter of Response dated February 10, 1999. Also see March 25, 1999 Memo) 16. Police Department: (See Exhibit G -January 7, 1999 Memo and Applicant's Letter of Response dated February 10, 1999. Also see March 12, 1999 Memo and Applicant's Letter of Response dated March 29, 1999) 17. Department of Transportation -Honolulu: (See Exhibit H -February 10, 1999 and April 1, 1999 Letters) 18. Department of Transportation -Kilo: (See Exhibit I -February 12, 1999 Letter) AGEN - - NO O NT F 19. Department of Land and Natural Resources - SHPD/Land Management and HELCO. PUBLIC COMMENTS 20. Josephine %eliipio: February 17, 1999 Letter (See Exhibit J). -6- COUNTY OF HAWAII STATE OF HAWAII BILL NO. 3a3 • (Draft 4) ORDINANCE NO. 96 159 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-7.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-44:3, 31, 32, 35 AND 37. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial (CN-7.5): Beginning at the northwest comer of this parcel of land, being also the northwest comer of Lot 2-A and at the southeast comer of the intersection of Kanoelehua Avenue and Kahaopea Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI", being 9,712.77 feet South and 10,610.05 feet East, thence Homing by arimuths measured clockwise from true South: 1. 265° 42' 384.00 feet along Kahaopea Street; 2. 355° . 42' 444.24 feet along Lou 3 and 4; 3. 38° 45' ~ 122.06 feet along Lot 4; 4. 265° 42' 108.06 feet along Lot 4; 5. 355° 42' 130.51 feet along Lot 4; 6. 265° 42' 75.25 feet along Lot 4; EXH131T 7. 355° 42' 236.06 feet along Grant 13,091 to Hanichi and Chiye Masuda Matsumoto; 8. 85° 42' 474.00 feet along Grant 10,461, Part 2 to Mrs. Hatsuyo ICawahara Ihori (Lot 21, Roadway Lot A, Lou 10 and 11, Ruthie Subdivision); 9. 175° 42' 50.00 feet along ICanoelehua Avenue; 10. 265° 42' 248.45 feet along Lot 1-B;. 11. 155° 12' 206.89 feet along Lot 1-B; - 12. 94° 42' 188 ~ 1 feet along Lot 1-B; 13. 175° 42' 626.75 feet along Kanoelehua Avenue to the point of beginning and containing an area of 322,414 Square Feet All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The anticipated maximum daily water usage shall be submitted and the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of the rezoning. C. Final Subdivision Approval of the proposed consolidation/resubdivision of the subject property shall be secured within five ~5) years from the effective date of -2- the rezoning. The subdivision plans shall delineate a 10-foot road widening strip along the I{ahaopea Street frontage. D. In conjunction with the submittal of plans for subdivision review or plan approval review, a master plan for the subject property shall be filed with the Planning Director. Final Plan Approval for the subject property and related improvements shall also be secured from the Planning Director. Plans to be submitted for final subdivision approval or final plan approval shall also comply with the approved master plan and all conditions of approval set forth in this ordinance. The purpose of the master plan is to provide comprehensive principles and guidelines for the commercial and residential development within the subject property in order to assure that the development is compatible with the surrounding area. The master plan shall include, but not be limited to, standards and guidelines relative to open space, architecture building controls (appearance, siting, heights, building materials, signs, etc.), terrain, topography, off-street pazking, landscaping, setbacks from property lines and buildings, lot coverage ratio, etc. and enforcement procedures. Plans shall include landscaping along property boundaries, for the purpose of mitigating any potential adverse noise and visual impacts to adjoining parcels and the intersection. Multiple-family residential structures shall be designed to be in keeping with the single family residential character of the surrounding area. To ensure that uses of the subject property meet the intent of the "Low Density" designation of the General Plan Land Use Pattern Allocation Guide Map, all commercial uses, with the exception of any • required parking, shall be limited to the land area between the proposed extension of Awapuhi Street and the Kanoelehua Highway.. Further, the maximum residential density shall be three thousand square feet of land area for each dwelling unit. E. A Traffic Impact Analysis Report shall be submitted for review and approval by the Department of Public Works and the Department of Transportation prior to the submittal of plans for subdivision review. Prior to the issuance of the certificate of occupancy for any portion of the subject property, the applicant shall be responsible for constructing and/or paying for its pro rata share of intersection improvements at the intersection of Kanoelehua Avenue and Kahaopea Street subject to the traffic mitigation measures required by the Traffic Impact Analysis Report for the subject property. F. A Solid Waste Management Plan for the subject property shall be submitted for review and approval to the Dcpartment of Public Works in conjunction with the submittal of subdivision plans or plan approval to the Planning Director. G. The applicant shall obtain, if required, a FEMA letter of Map Revision (I.OMR) for the subject property prior to securing Final Subdivision Approval or final plan approval, whichever occurs first. 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. I. The applicant shall construct an extension of Awapuhi Street across the subject property to Kahaopea Street and shall dedicate the street extension to the County upon iu completion. The street extension shall be constructed to county dedicable standards or to such other standards as may be specified in a planned unit development permit. -4- J. Prior to securing final subdivision approval or the issuance of certificate of occupancy for the subject property, which ever occurs first, 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 meeting with the approval of the Depaztment of Public Works and shall be dedicated to the County upon its request. K. Accesses to the property and all roadways within the subject property shall meet with the requirements and approval of the Department of Public Works and/or the State Department of Transportation. The applicant shall close the existing driveway access on Kahaopea Street and access to the subject property shall be by way of the Awapuhi Street extension. L. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies. M. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall secure the concurrence of the Office of Housing and Community Development that the applicant's affordable housing requirements for the residential development of the subject property, if any, have been mutually agreed to prior to Final Subdivision Approval for any portion of the subject property. ' N. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to pazks and recreation, fire, police, solid waste disposal facilities, and roads. The amount of the fair shaze contribution shall be the sum which is the product of multiplying the number of residential units proposed to be developed by the amounts allocated hereinbelow for each such unit, and shall become due and payable prior to final subdivision -5- approval or final plan approval for any portion of the subject property or its increments. If the subject property is developed in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval or final plan approval of each incremrnt shall be a sum calculated in the same manner according to the nttmber of additional proposed residential units in each such increment. The fair share contribution may be is a form of cash, land, facilities, or any combination thereof acceptable to the director in consultation with the affected agencies. The fair share contribution shall have a maximum combined value of $4,645.29 per multiple-family residential unit and $7,239.16 per single-family residential unit. Based upon the applicant's representation of intent to develop up to 37 residential units, the indicated total fair share contribution is S116,132.25 for the multiple family residential units and $86,869.92 for single-family residrntial units, whichever is applicable. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and paymrnt provisions set forth in this Condition N. The fair share contribution shall be allocated as follows: 1. $2,291.39 per multiple-family residential uttit for an indicated total of $57,284.75 and $3,490.85 per single-family residential unit for an indicated total of $41,890.20 to the County to support park and recreational improvements and facilities;, 2. $72.42 per multiple-family residential unit for an indicated total of $1,810.50 and $168.40 per single-family residrntial unit for an indicated total of $2,020.80 to the County to support police facilities; 3. $2?2.77 per multiple-family residential unit for an indicated total of $5,569.25 and $332.61 per single-family residential unit for an indicated total of 53,991.32 to the Counq~ to support fire facilities; _(r 4. $99.29 per multiple-family residential unit for an indicated total of $2,482.25 and $145.62 per single-family residential unit for an indicated total of $1,747.44 to the County to support solid waste facilities; 5. $1,959.42 per multiple-family residential unit for an indicated total of $48,985.50 and $3,101.68 per single-family residential unit for an indicated total of $37,220.16 to the State or County to support road and traffic improvements. The fair shaze contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (fiCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute improvements/facilities related to pazks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the director. The cost of providing and constructing the improvements required in Conditions E, I, ,l`and K shall be credited agairut the sum specified in Condition N(5) for road and traffic improvements. For purposes of administering Condition N, the fair mazket value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to the review and approval of the director, upon consultation with the appropriate agencies. O. • Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -7- P. 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; and 4. The time extension granted shall be for a period not to exceed the pcriod originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -g- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL ME ER, CO TY OF HAWAII Hilo, Hawaii Date of Introduction: October 16, 1996 Date of 1st Reading: October 16, 1996 Date of 2nd Reading: ~ 6, 1996 Effective Date: Decenber 5, 1996 APPROVED AS TO FORM AND LEGALITY DEPUTY CORPORATION COUNSEL DATED: /I~ZG~YG -9- i IRS-10 f ? I I Pue~neks ~ RS 10 0 I I fern Lenten _ i p ~ ~ g GN 10 = a I I Z ¦ ~ ~ NOEA?1 ks-10 m n~ 1 ~ _ ~ 9,712.77 S ~ ~ I x I ~ ~ 10,610.05 E g , "HALM" ® ks-lo I~1 i I - - I i_ - - ST~Ef WIDENING UNE _ - t0' FUTURE R~ ' - ~ SINGLE FAMILY o i ~ RESIDENTIAL I ~ I ~ m (RS-10) TO I ~ I rn NEIGHBORHOOD = COMMERCIAL 1 ~ I ks-lo I ~ y (CN-7.5) I ~ I ~ AREA: 322,41 4 SOFT IzI' Z 1°I c I ~ ~ D R5-10 G I ~ m z i I c rn I> I I ~j., I k5-10 ~ RS-10 l Ili I $ I 1 1 I c I 1 RS-10 I I O ~ 1 n ~ D ~ 7~j I I M1oNe. PL O I I J, RS-10 i 1~ AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN=7.5) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 2-2-44: 3.31,32,35 ona 37 OCTOBER 131996 EXHIBIT ;4" mn-r, een~¢t OFFICE OF THE COUNIY CLERIC County of Hawaii - w; - Haawii (DRAFT 3) ROLL CALL VOTE AYFS N013 ABS EX Introduced By: Takashi DQninm X Date Introduced: October 16, 1996 Fast Reading. October 16, 1996 Eas X Published: October 23, 1996 mod' X ~ X RF1vIARKS: X Osocio Van De Car X X X 8 0 1 0 (DRAFT 4) ROLL CALL VOTE Second Reading: ~ye~r : 199(, AYES NOES AILS F:X To Mayor. N]t7Pl11hf+r 7. 19% Returned: November 14, 1996 ''"'l"w F~fectivr. N/A ~~Y X Published N/A ids X De I~au X REMARKS: D~ 11/14/96-Returne3 fxvn Mavor's Office for Oho X seconssderatian. Van De Car X Ra Smttti X 8 1 0 0 I DO HEREBY CERTTFY that the foregoing BILL mas adopted by the County Council and published as indicated abova O CFIAIIt1?!AN ~„Nn~K Approved/Disapproved this day of 29 MAYOR,COIINTYOFHAWAII g~~lyo,; 343 (Draft 4 ) Referenet C-1382/PC- 61 Ord No.: OFFICE OF THE COUNTY C County of Hawaii u, i ^ Hawaii ~ ~ v ~ i • ROLL CALL VOTE AYES NOPS ABS EX Introduced By: Date Introduced: A`~"k` Fast Reading. Ea51 Published: De Lima REMARKS: Doatin o Osorio Van: De Car Ra Smith (DRAFT 4) Reconsideration: ROLL CALL VOTE November 21, 1996 AYES NOES ABS EX To Mayor. November 25, 1996 Returned: Decetd~er 5. 1996 ArakaW X Effective: December 5, 1996 Earl X Publi4hed December 13, 1996 Childs X De Liao X REMARKS: Doa+in 11/21/96 - Recronsiderat~~n r+f a; i i ~av r~ca. 4. Osorio Van De Car g ~ X So>ith X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL ryas adapted by the County CouncfI and published as indicated aboae. • C ,~(CIL CHAIRMAN Lam( t~,~~~' COtlN2Y CLERK Approved/Biswpp'rased this `S day /7~r~- ~(2tM~ OR. CO!lNTY HAWAII B;;; No•; 343 (Draft 4 ) Refemete: C-1382/PC-1 1 Ord No.: FINANCE HOLDINGS, LTD. 1164 Bishop Strut, Suite 1100 • • • • Honolulu, HI 96813 • Telephone (808)548-3347 • • • • • • • • Fax (808) 548-3330 October l6, 1998 r,cT r',ii 3 1i' ~ 1~. ~~i ei~i~ Ms. Virginia Goldstein, Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96770 RE: ORDINANCE NO.96-159 PROPOSED CHANGES IN CONDITIONS Dear Ms. Goldstein: We are writing to request that certain changes be made to the conditions contained in the referenced ordinance. We are enclosing our check in the amount of $250.00 as the required filing fee for this matter. As you may be aware Finance Holdings, Ltd., acquired the property in late 1997 in conjunction with a foreclosure action against the prior owners by our affiliated company Finance Factors, Ltd. The following changes are being requested because our company intends to commence this project with the neighborhood commercial component of the development, and is seriously reconsidering whether to include a residential component. Essentially the proposed changes, if approved, would permit us to develop a viable project in light of the present state of the economy. The proposed revisions are as follows, with the deletions bracketed and the new material underscored: Revision to Condition B: The anticipated maximum daily water usage shall be submitted and the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days [from the effective date of the rezoning] prior to any subdivision or development. Justification: The proposed development was designed with conceptual plans for the project when the rezoning was initiated. It is unrealistic to require payment to the Department of Water Supply prior to formulating concrete development plans, and often long before the development commences. Payment to the Department of Water Supply within 90 days prior to subdivision or development is more reasonable. Revision to Condition D: In conjunction with the submittal of plans for subdivision review or plan approval review, a master plan for the subject property shall be filed with the Planning Director. Final Plan EXHIBIT OOy~$~ Virginia Goldstein October 16, 1998 Page 2 Approval for the subject property and related improvements shall also be secured from the Planning director. Plans to be submitted for final subdivision approval or final plan approval shall also comply with the approved master plan and all cohditions of approval set forth in this ordinance. The Purpose of the master plan is to provide comprehensive principles and guidelines for the commercial and residential development within the subject property in order to assure that the development is compatible with the surrounding area. The master plan shall include, but not be limited to standards and guidelines relative to open space, architecture building controls (appearance, siting, heights, building materials, signs, etc.), terrain, topography, off-street pazking, landscaping, setbacks from property lines and buildings, lot coverage ratio, etc. and enforcement procedures. Plans shall include landscaping along property boundaries for the purpose of mitigating any potential adverse noise and visual impacts to adjoining pazcels and the intersection. Multiple-family residential structures shall be designed to be in keeping with the single family residential character of the surrounding azea. [To ensure that the uses of the subject property meet the intent of the "Low Density" designation of the General Plan Land Use Pattern Allocation Guide Map, all commercial uses, with the exception of any required parking, shall be limited to the land azea between the proposed extension of Awapuhi Street and the Kanoelehua Highway.] Further, the maximum residential density shall be three thousand square feet of land azea for each dwelling unit. Justification: The restriction on the location of commercial uses is not necessary, since the entire property is zoned to meet the intent of the "Low Density" designation of the General Plan Land Use Pattern Allocation Guide Map. The limitation on development of commercial areas to one portion of the property also prohibits the development of a functional master plan. Further, the requirement of the master plan will, in itself, permit the Department to insure that the low density character of the area is maintained. Thus, it is requested that the restriction on the location of the commercial area be deleted as a condition of this ordinance. Revision to Condition E: [A Traffic Impact Analysis Report shall be submitted for review and approval by the Department pf Public Works and the Department of Transportation prior to the submittal of plans for subdivision review. Prior to the issuance of the certificate of occupancy for any portion of the property, the applicant shall be responsible for constructing and/or paying for its pro rata share of intersection improvements at the intersection of Kanoelehua Avenue and Kahaopea Street subject to the traffic mitigation measures required by the Traffic Impact Analysis report for the subject property.] Justification: This condition should be deleted in its entirety. The traffic impact analysis is an unreasonable expense and the construction requirement essentially duplicates other conditions already contained in the ordinance. Intersection improvements, as required by the County and State, are required under Conditions K and L. Virginia Goldstein October 16, 1998 Page 3 Revision to Condition I: [The applicant shall construct an extension of Awapuhi Street across the subject property to Kahaopea Street and shall dedicate the street extension to the County upon its completion. The street extension shall be constructed to county dedicable standards or to such other standards as may be specified in a planned unit development permit.] Justification: This condition should be deleted because topographic conditions on the property make the extension of Awapuhi Street all the way to Kahaopea Street infeasible from an economic standpoint and is consistent with the anticipated development plan, a copy of which is attached. Revision to Condition K: Accesses to the property and all roadways within the subject property shall meet with the requirements and approval of the Department of Public Works and/or the State Department of Transportation. [The applicant shall close the existing driveway access on Kahaopea Street and access to the subject property shall be by way of the Awapuhi Street extension.] Justification: The deletion of the restriction on access off of Kahaopea Street is being requested. We would prefer being able to work out an plan for access which is acceptable to both the State and the County without any specific restrictions. In addition, we have begun discussions with the State Department of Transportation regarding access to the property, but the Department of Transportation cannot accommodate our request until the subject condition is deleted. Copies of correspondence with the Department of Transportation aze attached for your information. If you need any additional information, please feel free to contact me. Thank you in advance for your action in promptly processing this request. Sincerely, Rick John Vice Pres ent R]:dkk ,~\wpWU.rn\101698.159 Enc. CREATIVE~RTS H A W A I I .aw,~~.,....bm.~,r u..., r..„m„ June 3, 1998 Kazu Hayashida Department of Transportation State of Hawaii 869 Punchbowl Street Honolulu, Hawaii 96813 Dear Mr. Hayashida: I am writing this letter to request an access easement for TMK 2-2-44:31,32,35 8 37 on Kanoelehua Avenue in Hilo. I am planning to develop a visitor type shopping complex. I have enclosed a preliminary plot plan showing the approximate area of the access easement. I am interested to know if the access easement is possible and the cost of obtaining the access easement. I have a recent appraisal if that would help determine the value of the access easement. Thank you for your consideration on this matter. If you have any questions, please call me at (808) 935-7393. Sincerely, Roland Higash President 500 Kalanianaole Avenue Hilo. Hawaii 96720 Telephone (8081 935-7393 Fax (608 93;-831- JUA-17-97 TQE 10:58 AM WES S~~"WA ASSOC. FAX K0. 80AQ352070 p, Z ~r. ~ i ter' ~ ~ i i) p r r , „ i i ~ ~ , ~ i i , ` " 1 ' ~ / r, ~ i 1 • 11~ 11 I I f I 1 I I I ~ I I 1 ~ ~ I I ~ ~ f I ~ 1 ~ , , „ i i ~ ~ / 1 j i ~ ==_~I i ~ ~ ~ ~ ~ - a ~ , I J , l , „ ~ • i i \ ti ~ ~ ~ r---------------- ;;o, o N , BENJAMIN J. CAVETANO t u ~ , KAZU HAVABHIOA n10VERNOR : Y ,'~e : ± DIRECTOR _ pEPUTV DIRECTORS BRIAN K. MINAAI ' ~ GLENN M. OKIMOTO STATE OF HAWAN IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION ~~r~~v HIONWAYS DIYI&DN HWY-RM QIGxrOF-WAY BuNCN 3 .73416 888 ALUUM $TREEi, Sulre 502 HoNDLtn.u, HAWAII 96813 July 14, 1998 Mr. Roland Higashi President Creative Arts Hawaii 500 Ralanianaole Avenue Hilo, Hawaii 96720 Dear Mr. Higashi: Subject: Ranoelehua Avenue Widening, FAP No. F-011-2(12) Tax Map Key (3) 2-2-44:31, 32, 35 & 37 Request for Access onto Kanoelehua Avenue Based on our review of your submission we regret to inform you that your request is denied. Applicable conditions of Hawaii County Ordinance No. 96-159 must comply with any submission of development for the property (See attachment). If you have any questions, please call me at (808) 587-2022. Very .truly yours, QQ LAURA A. MANUEL Right-of-Way Agent Property Management Section Attachment FINANCE HOLDINGS, LTD. King & Alakea Street ~ P.O. Box 3979 ~ Honolulu, H[ 96812-3979 ~ Telephone (808) 548-3356 ~ Fax (808) 548-3330 February 10, 1999 p D Ms. Virginia Goldstein ~ ' Planning Director ~ County of Hawaii ~ -r~ 25 Aupuni Street, Room 109 - Hilo, HI 96720-4252 _ rte= - r] Dear Ms. Goldstein: ,-o SUBJECT: CHANGE OF ZONE ORDINANCE N0.96-159(REZ 840) APPLICANT: FINANCE HOLDINGS REQUEST: AMENDMENT TO CONDITIONS B, D, E, I & K TAX MAP KEY: 2-2-44:3, 31, 32, 35 AND 37 I am in receipt of your letter dated February 5, 1999, in regazd to the above change in zoning ordinance. The purpose of this letter is to notify the Department that Mr. Rick Johnson is no longer an employee of Finance Holdings, Ltd. All future correspondence should be sent to the attention of the undersigned at the address noted on the letterhead. In addition, I wish to advise the Planning Depattrttent that Finance Holdings has retained Mr. Bill Moore of William L. Moore Planning as a consultant for this zoning change. In this capacity, Mr. Moore is designated as Finance Holding's authorized representative before the Planning Depattment and the Planning Commission, and I request that copies of future correspondence also be directed to him at 159 Halai Street, Hilo, HI 96720. Mr. Moore will be responding to all of the comments generated during the Agency review of the proposed change of zoning. Your staff may direct any inquiries regarding these items directly to him at 935-0311. In the event there are any questions regarding the foregoing, please feel free to contact me in Honolulu at (808) 548-5120. Very truly yours, Robert Miyasato President pab cc: Howard Murai >>NOV 06 '98 08~58HM FINfYdCE REFlLTY-MSC (!30815483330 :eoe ee~ e~~e P.1 ` ` couNTY of NAwal DBPARTNIGNT OF FINANCE R6AL FIEOFHlTY TAX D1VI610N NiFpW410TREET HWO, HAWAII ~i7~ r~ rt R~pewee . (nr.1~N8) • ~,~e ttoveelxr 5, 19 9B ~~•13) 2-2-044-031. 032. 035. F 037 TNe Ie m oMIN PII(48~E IFJJJYII+IG3 L'm , (pueune4ncor(Q • has psld ell M!u property texas due the Coungr d Flevau eP io end indudino Dec. 31. 1998. Refercnce• (It appUcable) ~ . Tg1i AM Affl~ulei ~ TeDC C1LL'k Rwl FFraparty Tex DlvWoh i ~ RseHP Fax Nola 7e71 //^D$. neat?~oe ! X eG wwe. ~ nAr e Foe F" e/. FINANCE HOLDINGS, LTD. 1164 Bishop Street Suite 1100 Honolulu, HI 96813 Telephone (808) 548-3347 Fax (808) 548-3330 =c December 14, 1998 't? ~i i Ms. Virginia Goldstein Planning Dirctor County of Hawaii 25 Aupuni Street Hilo, HI 96770 Re: County of Hawaii Ordinance 96-159 Affecting TMK's: 2-2-44: 03, 31, 32, 35, 37 Dear Ms. Goldstein: This letter serves as documentation consenting to the proposed amendment of the referenced ordinance by Finance Holdings, Ltd.. Very truly yours, Helen Doi Trustee of Margaret Hirose Trust Owner of TMK 2-2-44:03 0~.1.69"~ ~ WILLIAM L. MOORS PLANNING 159 HALAI STREET ~ 1~'t-~ 4 Hu.o,HAwnn 96720 ` ' ~~Il f (808) 935-0311/Fa: (808) 934-0162 ,...i February 23, 1999 Virginia Goldstein, Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: , f Subject: Change of Zone Ordinance No. 96-159; Application 1tEZ 840 Finance Holdings, Ltd. Waiakea, South I3'ilo, Hawaii Island TMK: 2-2-44: 3, 31,.32, 35 and 37 This is to follow up with respect to the letter of October 16, 1998 from Finance Holdings, Ltd., requesting certain changes be made to the conditions of approval of Ordinance No. 96-159 as ~ well as discussion with your staff. In addition to the proposed amendments to Ordinance No. 96-159, we are requesting that an amendment to Condition J be considered as well. The proposed revision is shown below, with deletions bracketed and new material underscored and bolded. Proposed Revisions to Condition J Prior to securing final subdivision approval or the issuance of certificate of occupancy for the subject property, which ever occurs first, the south side of Kahaopea Street shall be improved and widened with the construction of curbs, gutter and sidewalk improvements (with pavement widening and transitions) fronting the subject property, between ~nolehua Avenue and the access road to the subject area. meeting with the approval of the Department of Public Works and shall be dedicated to the County upon its request. Justification: The Palai Stream floodway extends through the eastern portion of the subject area. If Kahaopea Street is required to be widened and improved through the floodway, major improvements may be required, including construction of a bridge structure. In order to ensure the project area can be reasonably developed, we feel that the improvements should Oll`? Virginia Goldstein February 23, 1999 Page No. 2 be limited to the portions of Kahaopea Street that are outside or on the fringe of the floodway. This will also m+n~n+~~e develop within the floodway with its potential impacts on down stream areas. The proposed amendment also limits the proposed improvements and widening of Kahaopea Street to the south side. Finance Holdings, Ltd. does not control the north side of I{ahaopea Street. Consequently, it would not be able to acquire the land necessary for widening of the roadway. We apologize for any inconvenience in considering this proposed revision. Please call me if you have any questions or require any additional information on this matter. Sincerely, ~(J~,~U~s~. William L. Moore cc: Robert Miyasato, President, Finance Holdings, Ltd. Roland Higashi, President, Creative Arts Hawaii o a ~ z 1 d o 5 ' Z \ ~ SZ~ 11i•~ • v • r_ s _ o ~ a ~ X • d • ~ ~ W I 3 • ~ • ' ; • V /fir • ~ s ~ ,71,1 ~0~ • ~ V urd • ~c ~ ~ ~ PI ~ z ~ ~ ~ to J ~ g ~ ~ 4/ i ~ ~p~ J` ~ v2 ~ 13~ik ~'~-JoaN•..r~ ~l - al uq° 11 11 ~ DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII t f~i i>+ 25 AUPU NI STREET HILO, HAWAII 96720 °r xnx~~. TELEPHONE (808) 961-6660 FAX (809) 961-6657 January 27, 1999 . - T0: Planning Department - J FROM: Milton D. Pavao. Manager - SUBJECT: CHANGE OF ZONE ORDINANCE N0. 96-159 APPLICATION (REZ 840) REQUEST: AMENDMENT TO CONDITIONS B, D, E, I, AND K APPLICANT: FINANCE HOLDINGS, LTD. TAX MAP KEY: 2-2-044:003, 031, 035. AND 037 We have reviewed the subject application and our comments follow. We have no comments on Conditions D, E, I, and K. Condition B requires the payment of the water commitment deposit within 90 days from the effective date of the rezoning. We have no objections to revising this requirement to 90 days prior to any subdivision or development. However, the developer shall be aware that unless a water commitment is secured in accordance with our Water Commitment Guidelines Policy• water availability is subject to change. If you have any questions regarding these comments and request, please contact our En ineering Division at 961-8660. r M o P vao. P.E. Mana er BCM: copy - Finance Holdings. Ltd. EXHIBIT (/!later brin~d rro~r¢66... WILLIAM L. MOORE PLANNING 159 EIALAI STREET HILO, HAWAII 96720 (808) 935-0311/Fa: (808) 934-0162 February 10, 1999 Virginia Goldstein, Director County of Hawaii Planning Department - 25 Aupuni Street " Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Change of Zone Ordinance No. 96-159; Application REZ 840 Finance Holdings, Ltd. Waiakea, South Hilo, Hawaii Island TMK: 2-2-44: 3, 31, 32, 35 and 37 This is to acknowledge receipt of a copy of the memorandum dated January 27, 1999 from the Department of Water Supply (DWS) regarding the proposed amendments to Change of Zone Ordinance No. 96-159 (REZ 840), Waiakea, South Hilo, Hawaii Island. Finance Holdings, Ltd. acknowledges DWS's comments and understands that unless a water commitment is secured in accordance with the Waler Commitment Guidelines, water availability to the property is subject to change. Please call me if you have any questions on this matter. Sincerely, C~1~~c~~ ~ cc: Milton D. Pavao, P.E., Manager, Department of Water Supply Robert Miyasato, President, Finance Holdings, Ltd. Roland Higashi, President, Creative Arts Hawaii a~ urr• O~~, f b^^i I•' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII • 25 AU PUNT STREET HILO, HAWAII 96720 •r N~•,"~, TELEPHONE (606) 981-6660 FAX (606) 961-8657 March 25. 1999 ~J ( ~ J T0: Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE ORDINANCE NO. 96-159 (REZ 840) REQUEST: AMENDMENT TO CONDITION J (IN ADDITION TO B, D, E. I'. AND K) APPLICANT: FINANCE HOLDINGS. LTD. TAX MAP KEY: 2-2-044:003, 031. 035. AND 037 We have reviewed the subject application and have no comments on Condition J. If you have any questions regarding these comments and request, please contact our Engineering Division at 961-8660. Milton D. Pavao, P.E. Manager BCM:gms copy - Finance Holdings, Ltd. William L. Moore, Planning 7 • • , UVafer ~rin~s ~ro~r¢s6 . DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE : January 13, 1999 71Leara~ar~du~lc TO PLANNING DEPARTMENT FROM ~NGINL~TG D~RSION c^ - SUBJECT : CHANGE OF ZONE ORDINANCE N0.96-159 = APPLICATION (REZ 840) = - ? Applicant: Finance Holdings, Ltd. - _ Location: Waiakea, South Hilo, Hawaii TMK: 3 / 2-2-44: 3, 31, 32, 35, & 37 : - , J~ We have reviewed the subject amendment and our comments aze as follows: 1. Comments in our memorandum (REZ 96-11) dated May 30, 1996 still applies. We are not in agreement to any of the proposed changes. 2. The subject properties are found within Flood Zone "AE", according to the Flood Insurance Rate Map dated September 16, 1988. The applicant will be required to submit a flood study prepazed by a licensed professional civil engineer and submit to FEMA for a Letter of Map Revision (CONK). Approval of this LOMR shall be secured before any development. 3. Condition "E" needs to remain. A Traffic Impact Analysis Report (TIAR) prepared by a licensed professional traffic engineer is necessary. However, if the applicant is willing, without any objections, to provide all dedicable roadway improvements, a TIAK may not be necessary. These improvements may consist of, but not limited to, (1) full pavement widening and sidewalk improvements on Kahaopea Street, (2) full intersection improvements at Awapuhi Street and Kahaopea Street intersection, (3) full intersection improvements at Kahaopea Street and I{anoelehua Avenue, (4) possible intersection improvements at Awapuhi Street and Kawailani Street intersection, (5) possible roadway improvements on I{awailani Street, (6) full improvements to the interior Awapuhi Street extension, and (7) any other improvements along I{anoelehua Avenue as requested by the State Department of Transportation. EXHIBIT p~~3:3~~ Memorandum January 13, 1989 Page 2 of 2 4. Condition "I"needs to remain. The original plan showed Awapuhi Street being extended from the Awapuhi Street stubout on the Kawailani Street side (Kathie Subdivision) to Kahaopea Street. This stubout was phumed and constructed for this very purpose. Deleting this concept would eliminate any possibility of this road from ever being connected, and the Ruthie Subdivision would be in direct nonconformance. 5. Condition "K" needs to remain in its entirety. The present driveway and access easement (Easement "A") to the old Hirose Nursery needs to be extinguished, and the Awapuhi Street extension constructed. The present driveway is too close to the highway intersection. 6. Additional comments on the revised development plan aze as follows: A. This revised roadway layout does not allow access to Pazcels 30 and 33. How will access be provided if Easements "A" 8t "B" aze extinguished? B. The flood boundary limit is plotted wrong on the revised plan. The applicant needs to plot the entire flood zone boundaries accurately. Should there be any questions concerning this matter, please feel free to contact Casey Yanagihara in our Engineering Division at Ext. 8327. CKY copy: HDOT (Hawaii District) ' WILLIAM L. MOORS PLANNING 159 HALM STREET HILO, HAWAII 96720 (808) 935-0311/Faz (808) 934-0162 February 10, 1999 L Virginia Goldstein, Director County of Hawaii Planning Department ~ 25 Aupuni Street Hilo, Hawaii 96720 - ~ Dear Ms. Goldstein: - , . v Subject: Change of Zone Ordinance No. 96-159; Application REZ 840 Finance Holdings, Ltd. Waiakea, South I-Tilo, Hawaii Island TMK: 2-2-44: 3, 31, 32, 35 and 37 This is to acknowledge receipt of a copy of the memorandum dated Tanuary 13, 1999 from the Department of Public Works, Engineering Division regarding the proposed amendments to Change of Zone Ordinance No. 96-159 (REZ 840), Waiakea, South Hilo, Hawaii Island. The following is in response to the specific concerns raised by the Department of Public Works: DPW Comment No. 1 We acknowledge DPW's concems on the proposed amendments. However, Finance Holdings, Inc. believes it can adequately address the concems based on the following responses. DPW Comment No. 2 We understand that portions of the subject properties aze subject to flooding, based on the Flood Insurance Rate Map (F]RM) designations. A flood study will be prepared by a licensed engineer and submitted to DPW for review and approval prior to any development activity in the designated flood zones. If required, a Letter of Map Revision (LOMAR) will be secured in accordance with the requirements of the Federal Emergency Management Agency, prior to any development within these areas. DPW Comment No. 3 Finance Holdings, Ltd., its successors or assigns is willing to conduct a Traffic Impact Analysis Report (TIAR) in accordance with the requirements of Condition E. However, Virginia Goldstein February 10, 1999 Page No. 2 we believe this TIAR is not necessary. It is our understanding that the State Department of Transportation is in the processing planning and construction signal lights at the Kahaopea Street-Kanoelehua Avenue Lrtersection. Furthermore, the Finance Holdings, Ltd, its successors or assigns, has already agreed to improve the section of Kahaopea Street fronting the subject property with curb, gutter and sidewalk in accordance with Condition J of Ordinance No. 96-159. Consequently, improvements will be provided to this azea whether or not a TIAR is prepared. DPW Comment No. 4 We believe that the deletion of this condition is reasonable. The extension of Awapuhi Street through the subject property would require the acquisition and development of property that is not owned or controlled by Finance Holdings, Ltd. This property (TMK: 2-2-44: 30) is developed with a residence and is occupied by its owner. Accordingly, it maybe impossible for the applicant to comply with this condition. The extension of Awapuhi Street through the subject property would require significant improvement within an existing flood zone. The southern portion of the property is in a low area and fills with water during flood events. Until a flood study is completed, it cannot be determined if this extension can feasiblely be constructed in this location. From a circulation standpoint, there is existing alternative routes connecting Kahaopea Street with Kawailani Street to the south and Puainako Street to the north via Ahuna Street.. Awapuhi Street dead-ends to the north of Kahaopea Street. Because of the location of the Palai Stream floodway in this area, it is unlikely that Awapuhi can be extended to intersect with Puainako Street. Even if the connection of Awapuhi Street between Kahaopea Street and Kawailani Street maybe physically possible, we believe it will not significantly contribute to the overall circulation network in this area. DPW Comment No. 5 We understand DPW's desire to have the connection to the subject property be from the Awapuhi Street extension on the north side of the property. However, until such time as a drainage study is completed, we cannot be sure of the ability to actually construct improvements in the area. The proposed amendmem to Condition K provides flexibility to the landowner as to the final location of the access and still gives final approval authority to the DPW. Accordingly, DPW has final say over the location of the access to the subject property. Virginia Goldstein February 10, 1999 Page No. 3 DPW Comment No. 6. A. Finance Holdings, Ltd., its successors or assigns shall work with the owners of TMK: 2-2-44: 30 and 33 to ensure access is provided. The location of these access easements will be determined as part of the final development plan and included on any subsequent subdivision applications. B. The flood boundaries will be replotted to reflect the boundaries shown on the FIltM maps. We appreciate the opportunity to respond to the comments provided by the Department of Public Works. Please call me if you have any questions on this matter. Sincerely, William L. Moore cc: Engineering Division, Department of Public Works Robert Miyasato, President, Finance Holdings, Ltd. Roland Higashi, President, Creative Arts Hawaii DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII rye DATE : Mazch 10, 1999 I/~iP.i~l C6q:~aEIIC~LI.iIL TO PLANNING DEPARTMENT FROM -~ENGW£EhIIVG~ - / SUBJECT CHANGE OF ZONE ORDINANCE NO.96-159 (REZ 840) - Applicant: Finance Holdings, Ltd. ' Location: Waiakea, South Hilo, Hawaii TMK 3 / 2-2-44: 3, 31, 32, 35, & 37 We have reviewed the proposed amendme~ from your memorandum dated February 26, 1999 and our are as follows: 1. Comments in our memorandum (RR7 840) dated January 13, 1999 still applies. We are not in agreement to any of the proposed changes• 2. Condition "J" needs to remain as is. Improvements need to be along the entire urooertv fronta¢e. We should not be burdened with necessazy improvements being passed onto the public. The developer can widen and improve the south-side of Kahaopea Street; however, the north-side would still require some widening to properly center the road within the existing or planned right- of-way. We cannot make this determination, nor should we limit ourselves, u~l we analyze the area by a phmirrretric map showing what is actually the situation on-ground. We are not requiring any land acquisition along thenorth-side of Kahaopea Street. Improvements can be constructed within the existing rightof--way and the future road widening azea along the south-side of Kahaopea Street. 3. The Kahaopea Street improveme~s can be constructed at-grade, at its e:osting vertical alignme~, and not substantially affect the existing flood zone. We will not require the construction of a bridge structure that does not appeaz necessary. We will require the developer to submit a flood study to FEMA anyway; therefore, construction of any improvements along Kahaopea Street should not significantly alTect the feasibility of this development. Should there be any questions concerning this matter, please feel flee to contact Casey Yanagihara in our Engineering Division at Ext. 8327. V !~i 6 ~ CICY WILLIAM L. MOORE PLANNING 159 HALAI STREET HILO, HAWAII 96720 (808) 935-0311/Fai (808) 934-0162 c,_ . Mazch 29, 1999 ` - Virginia Goldstein, Director County of Hawaii _ Planning Department ' 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Change of Zone Ordinance No. 96-159; Application REZ 840 Finance Holdings, Ltd. Waiakea, South Hilo, Hawaii Island TMK: 2-2-44: 3, 31, 32, 35 and 37 This is to acknowledge receipt of a copy ofthe memorandum dated March 10, 1999 from the Department of Public Works, Engineering Division regarding the proposed amendments to Change of Zone Ordinance No. 96-159 (REZ 840), Waiakea, South FTilo, Hawaii Island. We acknowledge that the Department of Public Works has concerns about the requested amendments. However, we believe that these request are reasonable given the physical constraints associated with the project site. With respect to the proposed amendment to Condition J, we have no the revisions are being requested to we have no objections to the widening and improvement to the south side of Kahoapea Street, provided it is limited to improvements required to center the road with the existing/planned right-of--way. However, we fell it is unreasonable to require the provision of curbs, gutter and sidewalks on both the north and south sides ofKahaopea Street as currently implied in Condition J. With respect to the provision of sidewalks and drainage improvements along the south side of Kahaopea Street, the primary concern is triggering major drainage improvements related to any activity within the Palm Stream Floodway. The current language of Condition J requires construction activity in the Floodway itself, which could trigger major drainage improvements, including a bridge structure. We understand that a Flood Study will be required to be submitted and approved prior to any work in the FEMA designated floodway. In order to balance the concerns about improvement to the frontage of the project,area, the applicant would have no objections to a further amendment to Condition J which would provided that other improvements to Kahaopea Street, fronting the subject property may be required by Virginia Goldstein March 29, 1999 Page No. 2 the Department of Public Works, provided no major drainage structuresrmprovements are required by such improvements. We appreciate the opportunity to respond to the comments provided by the Department of Public Works. Please call me if you have any questions on this matter. Sincerely, ~ William L. Moore cc: Engineering Division, Department of Public Works Robert Miyasato, President, Finance Holdings, Ltd. Roland Higashi, President, Creative Arts Hawaii Miv or • ~,w Wayne G. Carvalho Poliu Chief Stephen K Yamaahiro Mayor , Jamea S. Coaea ~M••.... ••y~ Dcputy Police Chief h er x• ~IIlITCf~I II~ ~tlftTtitt POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii %720.3998 1808193533]7 • Fas (808) %1"2702 il C' L.. i January 7, 1999 ti TO VIRGINIA GOLD IN, PLANNING DIRECTOR FROM J CO , DEPUTY POLICE CHIEF, ACTI POLICE CHIEF SUBJECT: CHANGE OF ZONE ORDINANCE NO. 96-159 APPLICATION (REZ 840) APPLICANT: FINANCE HOLDINGS, LTD REQUEST: AMENDMENT TO CONDITIONS B, D, E, I & K TAX MAP KEY: 2-2-44:3, 31, 32, 35, & 37 Staff reviewed the conditions associated with the above-referenced project. The impact of increased traffic congestion at the Kahaopea Street/Kanoelehua Avenue intersection concerns us. The intersection currently serves as a conduit to the Panaewa Houselots residential subdivision which is slated for expansion, as well as the Puainako Town Center shopping complex. We ask that particular attention be directed to Section 2 of Ordinance No. 96-159, Bill No. 343, Draft 4. This change in district classification conditional upon the following; Subsection E, A Traffic Impact Analysis Report, addressing improvements to the Kahaopea Street/Kanoelehua Avenue intersection. ST:lmg/lk EXHIBIT ,may '~'1}'i Y~'.~~ WILLIAM L. MOORE PLANNING 159 HALAI STREET HILU, HAWAII 96720 (808) 935-0311/Faz (808) 934-016Z v February 10, 1999 ` ` Virginia Goldstein, Director County of Hawaii ~ _ r' Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Change of Zone Ordinance No. 96-159; Application REZ 840 Finance Holdings, Ltd. Waiakea, South ITilo, Hawaii Island TMK: 2-2-44: 3, 31, 32, 35 and 37 This is to acknowledge receipt of a copy of the memorandum dated January 7, 1999 from the Police Department regarding the proposed amendments to Change of Zone Ordinance No. 96-159 (RF7 840), Waiakea, South Kilo, Hawati Island. Finance Holdings, Ltd., its successors or assigns is willing to conduct a Traffic Impact Analysis Report (TIAR) in accordance with the requirements of Condition E. However, we believe this TIAR is not necessary. It is our understandmg that the State Department of Transportation is in the processing planning and construction signal tights at the Kahaopea Street-Kanoelehua Avenue Intersection. Furthermore, the Finance Holdings, Ltd, its successors or assigns, has already agreed to improve the section of Kahaopea Street fronting the subject property with curb, gutter and sidewalk in accordance with Condition J of Ordinance No. 96-159. Consequently, improvements will be provided to this area whether or not a TIAR is prepared. Please call me if you have any questions on ttus matter. Sincerely, I '~~lMtitL i~ W~'--~' cc: James S. Correa, Deputy Police Ctrief Robert Ivliyasato, President, Finance Holdings, Ltd. Roland Higashi, President, Creative Arts Hawaii ~v or w ~ Wayne G.Carvalho Police Chief Stephen K. Yamashiro ~'1ayo~ James S. Correa Ji. ~~iii w',tJ Deputy Police Chief ~aunf~r n~ ~tI£uttit POLICE DEPARTMENT 349 Kapiolanl Sheet • Hilo, Hawaii 96720-3998 ((10819353311 • Fax (808) %1-2702 March 12, 1999 TO VIRGINIA GOLDSTEIN, PLANNING DIRECTOR ~ FROM S~~\%1~'/G. CARVALHO, POLICE CHIEF -I Yy SUBJECT: CHANGE OF ZONE ORDINANCE NO. 96-159 (REZ 840) APPLICANT: FINANCE HOLDINGS, LTD REQUEST: AMENDMENT TO CONDITION J (IN ADDITION TO B, D, E, I AND K) TAX MAP KEY: 2-2-44:3, 31, 32, 35, & 37 Staff reviewed the proposed amendment to Condition J in the above-referenced project. As previously stated in our memorandum of January 7, 1999, we remain concerned about the impact of increased traffic congestion at the Kahaopea Street/Kanoelehua Avenue intersection. We reiterate our position that granting .of this amendment remain contingent upon the referenced (Subsection E) traffic impact analysis report, addressing improvements to the Kahaopea Street/Kanoelehua Avenue intersection. Thank you for allowing us to comment on this matter. WGC:ST:lmg/lk ~r..- WILLIAM L. MOORS PLANNING 15911ALAISTREET HILU, HAWAII 96720 (808) 935-0311/Fu (808) 934-0162 v~ Mazch 29, 1999 _ c '9 Virginia Goldstein, Director - County of Hawaii - Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Change of Zone Ordinance No. 96-159; Application REZ 840 Finance Holdings, Ltd. Waiakea, South Hilo, Hawaii Island TMK: 2-2-44: 3, 31, 32, 35 and 37 This is to acknowledge receipt of a copy of the memorandum dated March 12, 1999 from the Police Department regarding the proposed amendments to Change of Zone Ordinance No. 96-159 (RF7. 840), Waiakea, South Hilo, Hawaii Island. As we stated in our previous response, Finance Holdings, Ltd., its successors or assigns is willing to conduct a Traffic Impact Analysis Report (TIAR) in accordance with the requirements of Condition E. However, we believe this TIAR is not necessary. It is our understanding that the State Department of Transportation is in the processing planning and construction signal lights at the Kahaopea Street-Kanoelehua Avenue Intersection. Furthermore, the Finance Holdings, Ltd, its successors or assigns, has already agreed to improve the section ofKahaopea Street fronting the subject property with curb, gutter and sidewalk in accordance with Condition J of Ordinance No. 96-159. Consequently, improvements will be provided to this area whether or not a TIAR is prepared. Please call me if you have any questions on this matter. Sincerely, ~~,lc~,~CJaM„ ~ cc: Wayne G. Carvalho, Police Chief Robert Miyasato, President, Finance Holdings, Ltd. Roland Higashi, President, Creative Arts Hawaii ~e•~r,a .t Stephea K. Yamashiro r Edward Bumatay Afagor Attlrg Pyre ak/ ,••I of N•,~,• ~IIlITC~~i II~ ~bifItbTii FIRE DEPARTMENT 777 RWuea Aveaue • EA~11 Lase, Room 6 • Hilo, Hawaii 96770-a2a9 (808) 961-8197 • Pu (BOBS 961-8496 Jalzuary 28, 1999 0 D l To: Virginia Goldstein, Planning Director - i From: Edward Bumatay, Acting Fire Chief ~ SUBJECT: CHANGE OF ZONE ORDINANCE NO. 96-159 APPLICATION ~u'~ (REZ 840) APPLICANT: FINANCE HOLDINGS, LTD. REQUEST: AMENDMENT TO CONDITIONS B, D, E, I & K TAX MAP KEY: 2-2-44:3, 31, 32, 35, & 37 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 of this section. "(b) Where Required. Fire apparatus access roads shall be required for 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. "EXCEPTION3: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "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). EXHIBIT ~P~~ao~y. C Z S -'-~?008.9 0~` To: Virginia Goldstein, Planning Director Page 2 January 28, 1999 "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 of the 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 may be impaired by vehicle congestion, condition of terrain, 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 of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not 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 clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus 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 apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Virginia Goldstein, Planning Director Page 3 January 28, 1999 "(i) Hridgea. 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 imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15$) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) 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: "INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY SYSTEMS AND APPLIANCES "Installation "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 jurisdiction 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 premises and shall have approval of the chief. "(b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting 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 To: Virginia Goldstein, Planning Director Page 4 January 28, 1999 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 accordance 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 consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing 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. "(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 fire 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 To: Virginia Goldstein, Planning Director Page 5 January 28, 1999 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." ~ EDWARD S TAY Acting Fire Chief EB/mo WILLIAM L. MOORS PLANNING 159 HALM STREET - HILO, HAWAII 96720 (808) 935-0311/Fa: (808) 934-0162 y _ t=~ February 10, 1999 Virginia Goldstein, Director , County of Hawaii _ ? Planning Department _ 25 Aupuni Street - - Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Change of Zone Ordinance No. 96-159; Application REZ 840 Finance Holdings, Ltd. Waiakea, South Hilo, Hawau Island TMK: 2-2-44: 3, 31, 32, 35 and 37 This is to acknowledge receipt of a copy of the memorandum dated January 28, 1999 from Edwazd Bumatay, Acting Fire Chief to the Planning Director regarding the proposed amendments to Change of Zone Ordinance No. 96-159 (REZ 840), Waiakea, South Hilo, Hawaii Island. The memorandum outlined the Fire Department's requirements as stated in the Fire Code. In this regazd, please be informed that Finance Holdings, Ltd., its successors or assigns, intends to comply with the requirements of the Fire Code. Please call me if you have any questions on this matter. Sincerely, ~~i~,Q-~~~,~cl ~ UV~1~ William L. Moore cc: Edward Bumatay, Acting Fire Chief, Hawaii County Fire Department Robert Miyasato, President, Finance Holdings, Ltd. Roland Higashi, President, Creative Arts Hawaii BEN.lAMIN J. CAYETANO GOVERNOR to M~ KAZU HAVASHIDA w~ ~,as~ DIRECTOR DEPUTY DIRECTORS BRIAN K. MINAAI ~ / GLENN M. OKIMOTO ~y„~° STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HWY-PS HONOLULU, HAWAII 968135097 2 2622 FEB I 0 1999 L ~*1 ~.'1 C% D C", ~ Ms. Virginia Goldstein Director Planning Department County ofHawaii c 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Proposed Amendments to Conditions, Change of Zone Ordinance No. 96-159 (REZ 840), Finance Holdings, Ltd., South Hilo TMK: 2-2-44: 3, 31, 32, 35, 37 Thank you for requesting our review of the proposed amendments to conditions in Change of Zone Ordinance No. 96-159. The proposed revisions/deletions of Conditions E and K aze unacceptable. We feel that a traffic impact analysis report is needed and that access to the project azea should be via the Awapuhi Street extension and the driveway at Kahaopea Street should be closed. If there aze any questions regarding these comments or if the applicant wishes to discuss their proposals, please contact our Highways Hawaii District office at 933-8866. Very truly yours, KAZU HAYASHIDA Duector of Transportation EXHIBIT FEB-12-99 FRI 02 17 PM DOT HWYS HAWAII FAX N0, 808 9338889 P, O1 BBWMNJ. GYETANO ~ `ory N112U HAYAfiNIDA OOYBINp1 r wad ~ GN~C1011 GlrIA1'OiliCT01M Bi11AN K MMM11 GIGNN N.ONINOTO 'q_gFED 1'r P.`1 'L '~3 STATE OF HAWAII ~ . , ~ IN NEPLY necsn nr DEPARTMENiOF1NWBPORTATtON ~ ; : I'.~, r r, HIOHWAIIS pYllION [`i li u i i ~ ~ . ; H~_H 99-2.0125 P:0. BOOfAa7 HIL0. HAWNI80TJ0 TEIERpN@ (908)!3~!!o0•FA7C (EO!) 90-0!!9 February 12,1999 Poet-a'FaxNO[e 7671 2r/L, pp,s? woo„ ~ w~. ~ G3?~- 8 Ms. Virginia Goldstein F„~, Fi[ ~ Dircctar Planning Department • - County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Ms. Goldstein: This confirms the State FIighways Division notice that the ICaltaopea/ICanoelehua lntetseclioa will bo signalized in the very near future. The pmject is scheduled to be advertisod for construction in May or June of this year. Please call me at 933-8866 if you have any questions. Very t/r~,u~lyMyoiusf, STANLEY TAMURA llawaii District F.ngincer EXHIBIT T RENJATIIN J. CAVETANO ~ o r „ KAAI HAVASHIDA GOVERNOR ` i% gRECTOR DFDUfY gRECTORS BRIAN K. MINAAI f GLENN M.OKIMOTO AO! •Y•~ STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 988135097 HWZ'_pS 2.3216 ~,PR - 11999 Ms. Virginia Goldstein Director , Planning Department - County of Hawaii _ 25 Aupuni Street, Room 109 - - , Hilo, Hawaii 96720 i J~ Deaz Ms. Goldstein: Subject: Change of Zone Ordinance No. 96-159 (REZ 840), Amendment to Condition J (in addition to B, D, E, I and K), Finance Holdings, Ltd., Hilo TMK: 2-2-44: 3, 31, 32, 35, and 37 Thank you for requesting our review of the pioposed amendment to Condition J for this development. We feel that the road improvements should extend along the entire frontage of the project and not just between Kanoelehua Avenue and the access road. However, since the road in question is under County of Hawaii jurisdiction, we defer to the County's judgement. Very truly yours, KAZU HAYASHIDA Director of Transportation ~ ,q, ~1~ V FEB 17 '99 02:10PM HI PRINTING-KONH (806)329-7621 P,Sil ~ ~ ~i February l7, 1999 ~I~N; ~J/,~~ ~ rvrz!let, 96/- 87S/z~ RE: Finance Holdings, ):bd. sad dwebpment of the former Hirose ~7~/v Nursery property located along ll;aaoekhaa Avenne and Kahaopea ~~~/~O~j/ y Street, TMK: 2-2.d4s3.i1,32,33 dc37, ~ f->'fA~~ Dear Planning Commission, Dil/ a, 99 As a former resident and ftegttent traveler to Hilo, and oa behalf of my mother, Myra Keliipio, and others from the l?anaewa Hawaiian Homes subdivision who emit the subdivision ftnm [Cahaopea Street onto Kanodehua and/or crass Kanoekhua from fiahaopea Street, I would like to express my coacems over the amendmoms requested by the^~ applicant, Fintutce Hokiings, Ltd. ~ J~ I am not a traffic engintor, but I think anryone using Kaisaopea Street to enter or exit the Hawaiian Homes subdivision, will quickly realize that -o there will be a very significant traffic ~rt upon current users of Kahaopea Street resulting from the commercial developmem by Finance Holdings, Ltd. ' ~ ~ I believe that the Traffic Analyse Report sod possibly the Avvapahi Street eonaecdoa wort required under the otigiml development conditions for very good safety and Planning rt~song. 1'herefere, l siroap~y urge that you not delete these two entreat conditions until yon consult with and get edaoaled by a smart and unbiased ruffle engineer. In other words, Pkase postpone your decision until utter you love bun Pro1~Y edunted You commissioners are >mt traf5c engineers so this would be the most prudent thing to do on behalf of oar safety sad to save the county from eay future lawsnib. Additionally, I can foresee some frightening traffic accidems and some potdltiel lawsuits if you gram this developer direct access omo Kanoelehua Avenue without addressing the safety of those from the subdivision that will be eateriug (both turning onto or crossing) Kenoelehua Avemle from Kahaopea $treQt Theiefar'e> before you allow this developer to proceed wilt this project, Please lostaU a tramc light at the intersection of Ilianodehtra and ICalwopea Street. It is my tmdastanding that the ooutny is already planning to install a ttafRc light at this intersactio4 so please make it a top priority soon be even conshvction traffic from this development will be e hazard to me, my mom theta from the Hawaiian Hottus subdivision that use IGahaopea Street i you 'ously 'der all that I have said T -you, P P.O. Bos Kealakekaa, Hi 96750 (808) 326.7998 EXHIBIT .~L_. oo~v~o fps o