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
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File ve. 2 N G/H
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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
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Stephrn K. Yanmshiro
Mayor
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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
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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
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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
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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
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NiFpW410TREET
HWO, HAWAII ~i7~
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• has psld ell M!u property texas due the Coungr d Flevau eP io end indudino Dec. 31. 1998.
Refercnce•
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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
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~ 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
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~.'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
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