HomeMy WebLinkAboutCOM 0063.000 2018-2020 Wil Okabe
Managing Director
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Mayor
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25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 CO co—C
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 l
(808)323-4444 • Fax(808)323-4440 =r"
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January 4. 2019
Aaron S. Y. Chung, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chair Chung and Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 97 13 (REZ 843)
Applicant: Nelson and Susan Fukuhara
Request: Five-Year Extension of Time to Comply With Condition C
(Complete Construction)
Tax Map Key: 2-2-023:012
Amendment to Change of Zone Ordinance No. 92-122 (REZ 727))
Applicant: Piilani Partners, LLC
Request: Amendment to Condition C (Plan Approval) and Condition D
(Complete Construction)
Tax Map Key: 2-2-033:011
As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Windward Planning Commission's letters and
enclosures regarding the above-referenced requests.
Sind ly,
. t
HARRY KIM
Mayor
MTransCouncilNeskovicREZ 18-229GHCFami1yREZ l 8-230
Enclosures ,,
Comm. No. 03
cc: Planning Department Ref. TO:
County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date JAN 11 2019
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Joseph Clarkson, Chair
Harry Kim p
Mayor �.1�: %�.4.. Donald Ikeda,Vice Chair
Gilbert Aguinaldo
•,= w;:; Donn Dela Cruz
''E 0F'%41, - Thomas Raffipiy
John Replogle
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
- 4ZQ1
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chair Chung and Council Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 9713 (REZ 843)
Applicant: Nelson and Susan Fukuhara
Request: Five-Year Extension of Time to Comply With Condition C
(Complete Construction)
Tax Map Key: 2-2-023:012
The Windward Planning Commission, at its duly held public hearing on December 6, 2018,
recommended for your approval the proposed legislative bill for an amendment to Change of
Zone Ordinance No. 97 13. The property is located on the southeast side of the Kino`ole Street-
Kamana Street intersection, Waiakea, South Hilo, Hawaii.
The applicants are requesting a 5-year time extension to comply with Condition C
of Change of Zone Ordinance No. 97 13, which states:
Construction of the proposed commercial development shall be completed within
five (5)years from the effective date of this ordinance. Prior to the start of
construction, Final Plan Approval for the proposed commercial development and
related improvements shall be secured from the Planning Director. Plans shall
identify structures, fire protection measures,paved parking stalls and paved
driveway and other improvements associated with the proposed use. 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."
Hawai`i County is an Equal Opportunity Provider and Employer
• 1
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 2
This condition required that construction of the proposed commercial development be
completed by February 20, 2002. The applicants are requesting a 5-year time extension
from the date of approval of this proposed amendment to complete construction of a
4,000-square foot single-story structure for retail/office use and related improvements,
which was the same project proposed originally.
Additionally, the applicants are requesting an amendment to Condition B (time to
secure water) to read as follows:
"The applicants, its successors, or assigns shall provide the maximum daily water
usage calculations prepared by a professional engineer licensed in the State of
Hawai`i, and a water commitment deposit in accordance with the "Water
Commitment Guidelines Policy" shall be submitted to the Department of Water
Supply prior to the submittal of plans for Plan Approval review by the Planning
Department. Based upon the calculations, if required, the applicants shall install a
larger or additional service lateral or meter, and remit the prevailing facilities
charge to the Department of Water Supply. The applicants are responsible for
maintaining valid water commitments to support the proposed development until
such time that required water facilities charges are paid in full."
Lastly, the applicants are requesting that the initial administrative time extension
condition (current Condition H)be retained as part of the amendment request.
The Director is supportive of the proposed amendments to Conditions B & C and
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supports the applicants' request to retain the administrative time extension condition
since it is possible it may take more than five years to secure and finalize permits,
construction plans, and complete construction of the proposed development.
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns, and that
are not the result or their fault or negligence. The applicants have been unable to
proceed with construction of the project due to various unforeseen circumstances,
including financial difficulties, based on the global economic recession. They are
committed to completing the construction of a retail/office building, which will help
accommodate the relocation of their current office from Waianuenue Avenue to the new
proposed office. The applicants purchased the property from the previous applicants just
before the original ordinance was approved and remain committed to completing the
commercial development as evidenced by their continued ownership of the property for
over 20 years. Thus, the non-performance is the result of conditions that could not have
been foreseen and were beyond the control of the applicants.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 3
Approval of this request is not be contrary to the General Plan or Zoning
Code nor with the original reasons for granting the Change of Zone. There have not
been any significant changes to the General Plan for this area since the change of zone
was approved in 1997. At that time the General Plan LUPAG Map designation for the
property was the same that it is today, High Density Urban. This designation allows for
general commercial,multiple family residential (up to a density of 87 units per acre) and
related services, thus the current General Commercial (CG) zoning is consistent with the
General Plan designation.
Additionally, the proposed commercial development is still consistent with the
permitted uses allowed under the General Commercial (CG) zoning district in the Zoning
Code.
Lastly, the reasons for granting the original change of zone have not changed. The
applicants still proposed to construct a 4,000-square foot single-story structure for
retail/office use and related improvements to help accommodate the relocation of their
current office from Waianuenue Avenue to the new proposed office, which is the same
development proposed when the original rezoning request was approved.
The Department of Public Works (DPW)provided comments to the original
change of zone request. DPW recommended that access to the subject property be
limited to Kamana Street and be prohibited from Kino`ole Street. They commented that
improvements along the frontage of Kamana Street shall include construction of
commercial standard concrete curb, gutter and sidewalk along with pavement widening
and transition. Additionally, DPW recommended to eliminate the grass planting strip and
provide full width commercial standard concrete sidewalk along the Kino`ole Street
frontage. This requirement was also conditioned as part of the change of zone approval
directly north across Kamana Street for Change of Zone Ordinance 09 166.
This favorable recommendation is made with the understanding that the applicants
remain responsible for complying with all other applicable governmental requirements in
connection with uses permitted within the General Commercial zoning district,prior to its
commencement or establishment upon the subject property. Additional governmental
requirements may include the issuance of building permits, compliance with the Fire
Code, installation of improvements required by the American with Disabilities Act
(ADA), among many others. Compliance with all applicable governmental requirements
is a condition of this favorable recommendation; failure to comply with such
requirements will be considered a violation that may result in enforcement action by the
Planning Department and/or the affected agencies.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 4
Based on the above findings, the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Ordinance No. 97 13. In
addition, the Planning Director recommends that existing conditions in the ordinance be revised
to reflect the current standard language for conditions of approval. The accompanying draft bill
to amend Ordinance No. 97 13 is provided for your favorable consideration. Please note the
proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and
struck-through; new material is underscored.
We are enclosing copies of the staff Background, Planning Director's Recommendation, the
Power point presentation and a draft transcript of the hearing for your information.
Sincerely,
Clarkson, Chairman
ose n
Windward Planning Commission
LFukuharaAmendREZ843wpc2
Enclosures
cc: Sidney Fuke, Planning Consultant
Nelson and Susan Fukuhara
Department of Public Works
Department of Water Supply
Amy Self, Esq., Corporation Counsel
•
• BFukuharaAmendREZ.jwd 11/23/18
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
NELSON AND SUSAN FUKUHARA
AMENDMENT TO CONDITION C
CHANGE OF ZONE ORDINANCE NO. 97 13 (REZ 843)
NELSON AND SUSAN FUKUHARA (formerly John S. Jr. and Linda Tolmie) are
requesting a 5-year time extension to comply with Condition C (Complete Construction) of
Ordinance No. 97 13, which changed the zoning of 21,164 square feet of land from the
Single-Family Residential-10,000 square foot (RS-10) zoning district to the General
Commercial-20,000 square foot (CG-20) zoning district in 1997. The subject property is located
on the southeast side of the Kino`ole Street-Kamana Street intersection, Waiakea, South Hilo,
Hawai`i, TMK: (3) 2-2-023:012.
PROPOSED ACTION
1. Request: The applicants are requesting a 5-year time extension to comply with
Condition C of Change of Zone Ordinance No. 97 13, which states:
"Construction of the proposed commercial development shall be completed
within five (5) years from the effective date of this ordinance. Prior to the start of
construction, Final Plan Approval for the proposed commercial development and
related improvements shall be secured from the Planning Director. Plans shall
identify structures, fire protection measures,paved parking stalls and paved
driveway and other improvements associated with the proposed use. 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."
This condition required that construction of the proposed commercial development be
completed by February 20, 2002. The applicants purchased the property from the
previous applicants just before the original ordinance was approved. The applicants did •
• not request an administrative time extension from the Planning Director as allowed by
Condition H. The applicants are requesting a 5-year time extension from the date of
approval of this proposed amendment to complete construction of a 4,000-square foot,
• -1
•
single-story structure for retail/office use and related improvements, which was the same
project proposed originally.
Additionally, the applicants are requesting an.amendment to Condition B (time to secure
water) to read as follows"
"The applicants, its successors, or assigns shall provide the maximum daily water
usage calculations prepared by a professional engineer licensed in the State of
Hawai`i, and a water commitment deposit in accordance with the "Water
Commitment Guidelines Policy" shall be submitted to the Department of Water
Supply prior to the submittal of plans for Plan Approval review by the Planning
Department. Based upon the calculations, if required, the applicants shall install a
larger or additional service lateral or meter, and remit the prevailing facilities
charge to the Department of Water Supply. The applicants are responsible for
maintaining valid water commitments to support the proposed development until
such time that required water facilities charges are paid in full."
Lastly, the applicants are requesting that the initial administrative time extension
condition (current Condition H) be retained as part of the amendment request.
2. Reasons for Request: The applicants have been unable to proceed with construction of
the project due to various unforeseen circumstances, including financial difficulties,
based on the global economic recession. They are committed to completing the
construction of a retail/office building, which will help accommodate with the relocation
of their current office from Waianuenue Avenue to the new proposed office.
3. Supportive Information: The applicants, who are the landowners, have submitted the
attached in support of the request: (Planning Department Exhibit 1 —Amendment
Request Letter Dated August 13, 2018)
BACKGROUND INFORMATION
4. February 20, 1997: Effective date of Ordinance No. 97 13, which rezoned 21,164
square feet of land from Single-Family Residential-10,000 square feet (RS-10) to General
Coirunercial-10,000 square feet (CG-10). (Planning Department Exhibit 2—
Ordinance No. 97 13)
STATE AND COUNTY PLANS •
5. State Land Use Designation: Urban. •
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6. • General Plan LUPAG Map: High Density Urban. •
7. County Zoning: General Commercial- 20,000 square foot minimum lot size (CG-20).
8. Hilo Community Development Plan: The Hilo Community Development Plan adopted
by Planning Commission Resolution No. 1 on May 21, 1975 suggests a Multiple-Family
Residential- 4,000 square feet (RM-4) zoning district for this area.
9. Special Management Area (SMA): The property is not located within the SMA and is
located approximately 1,900 feet from Waiakea Pond and approximately 4,900 feet from
the nearest shoreline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
10. Subject Property: The subject property is a 21,164-square foot, rectangular-shaped lot.
The property is currently vacant of structures except for pipe fencing along Kino`ole
Street and a portion of Kamana Street. There was a single-family dwelling on the
property previously but was demolished as the structures were infested with termites.
11. Surrounding Zoning/Land Uses: Surrounding properties are zoned Single-Family
Residential— 10,000 square feet (RS-10), which are primarily in residential use, and
General Commercial—20,000 square feet (CG-20), which consist mainly of some home
office type uses, a credit union and medical facilities.
12. Flood Zone: Zone"X", an area determined by FEMA to be outside the 500-year flood
plain.
13. Flora/Fauna Resources: No formal flora/fauna study was submitted with the
application as the site has been used extensively for residential purposes for several
decades. •
14. Archaeological/Cultural/Historical Resources: It is highly unlikely that any
archaeological, cultural or historic sites are present on the property as the property has
been developed in the past with a dwelling until 2000 when it was demolished. A copy
of this rezone application was sent to SHPD as part of this application process and the
Planning Department has not received a response as of the date of this writing.
15. Cultural or Native Gathering Rights: There is no evidence'of any traditional and
customary Native Hawaiian rights being practiced on the site.
16. Public Access: There is no record of public access that traverses the property.
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• 17. Traffic: Traffic generated by a 4,000-square foot retail/office building is estimated to •
generate about 6 peak hour trips during the a.m./p.m. peak periods.
PUBLIC UTILITIES AND SERVICES
18. Access: Access is from Kamana Street fronting the northern boundary of the property.
Kamana Street is a County owned and maintained roadway with a 25-foot wide pavement
in good condition and approximately 6-foot wide paved and grassed shoulders within a
60-foot right-of-way. The Department of Public Works previously commented that
access should not be permitted from Kino`ole Street to the subject property and that
improvements along Kamana Street should include construction of commercial standard
curb, gutter and sidewalk along with pavement widening and transition.
19. Water: County water can be made available to the site from an existing 8-inch waterline
within Kino`ole Street and from an existing 6-inch line within Kamana Street.
20. Wastewater: The property is located in an area that the Department of Health has
,designated as a Critical Wastewater Disposal Area. The property will connect to the
existing public sewer system.
21. Solid Waste: Solid waste will be disposed at the Hilo landfill.
22. Essential Utilities and Services: Electricity and telephone are available on the property.
Police, fire and medical services are available in Hilo.
AGENCIES' COMMENTS
23. Department of Public Works- Engineering Division: (Planning Department
Exhibit 3—October 4, 2018 and September 18, 1996 Memos)
24. Department of Water Supply: (Planning Department Exhibit 4— October 5, 2018
Memo
25. Department of Environmental Management- Wastewater Division: (Planning
Department Exhibit 5 —September 11, 2018 Memo)
26. Police Department: (Planning Department Exhibit 6—September 18, 2018 Memo)
27. Eire'Department: (Planning Department Exhibit 7—September 19, 2018 Memo)
28. State Department of Health: (Planning Department Exhibit 8—September 12, 2018
Memo)
• -4-
AGENCIES-NO RESPONSE
29. Department of Land and Natural Resources-State Historic Preservation Division and Real
Property Tax Office.
APPLICANTS' RESPONSE TO AGENCY COMMENTS
30. The applicants' representative submitted the following letter in response to the
Department of Water Supply's comments: (Planning Department Exhibit 9 —Letter
Dated October 22, 2018)
PUBLIC COMMENTS
31. As of this writing, the Planning Department has not received any written comments or
objections from the general public or adjacent landowners on the subject application.
•
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f>> SidneyFuke, Planning Consultant
.,
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning
Telephone:(808)969-1522•Fax:(808)969-7996 •Subdivision•Land Use Permits
P •Environmental Reports
t«14,1 E-mail:sidfuke@hawaiiantel.net
August 13,2018
Mr. Michael Yee,Director 7.2
r-
Planning Department
COUNTY OF HAWAII `- C'
101 Pauahi Street ) co
Hilo,HI 96720 ->,
Dear Mr.Yee: ��_' F-•
Subject: Time Extension Request—Nelson and Susan Fukuhara =
REZ 96-24, Ord.No.9713 -�
Waiakea,South Hilo,HI,TMK: 2-2-023:012
The rezoning of the subject property,consisting of 21,164 square feet, into the
Commercial-General(CG-20)district(Ord.No. 97 13)became effective on February 20,
1997. The request then was to allow the construction of a 4,000 square foot single-story
structure for retail/office use and related improvements.
Condition C of the referenced ordinance required completion of the project within
five(5)years of the effective date of the ordinance(February 20,2002). While a 5-year
extension was possible to February 20,2007,the project was never started.
Unfortunately,due to circumstances as will be explained below,the construction of the
proposed structure was never started within the allotted period.
As such and through this office,Nelson Fukuhara Trust and Susan Fukuhara Trust
("Applicants")are requesting a time extension amendment of the subject ordinance to
allow for the project or development to proceed. (See Exhibit A,letter of authorization)
The reasons for this request and other associated information are outlined below.
I. NATURE OF REQUEST
The Applicants purchased the subject site in 1996,shortly prior to the effective
date of the,subject ordinance with the hope of constructing the commercial complex and
relocating its office from Waianuenue Avenue to that new complex. Due to varying
circumstances,including financing,the project never got off the ground within the
allotted period.
The Applicants are now in a better position to start and complete the project today
in accordance in accordance with the current zoning. However,because the development
deadline has expired,the status of the CG-20 zoning is in"limbo"and any development
cannot proceed.
119958
Planning t:
Exhibit
Mr.Michael Yee,Director
August 13,2018
Page 2
As such,the Applicants are requesting a five(5)year time extension from the
effective date of this amendment to complete the project,with the possibility of an
administrative extension,similar to conditions required of other projects of this
nature.
fI.
PROJECT LOCATION
The subject parcel consists of 21,164 square feet. It is located in the Waiakea
area of the City of Hilo. More specifically,it is situated on the southeast corner of the
intersection of Kinoole Street and Kamana Street. (Exhibit B)
III. PROPOSED DEVELOPMENT
The original applicants(John S.Tolmie and Linda Tolmie)planned to construct a
4,000 square foot commercial office/retail building on the subject site. The preliminary
site plan reflected fifteen(15)parking stalls,which included one(1)handicapped stall.
Access would have been from Kamana Street. (Exhibit C)
When the property was purchased by the Applicants,their plan was to develop the
site in accordance with the preliminary plan. To that end,the Applicants had an existing
single-family dwelling on the site demolished in 2000. That continues to be the
Applicants plan.
IV. REZONING CONDITIONS
As noted earlier,the subject area was initially rezoned(Ordinance No. 97 13)into
the CG-20 district on February 20, 1997, subject to a number of conditions. As outlined
in the rezoning ordinance(Exhibit D),there was also another time sensitive condition
(Condition B)relating to the submittal of a water usage calculation study and payment of
the water commitment fee. That,too,was not complied with timely.
Other conditions included construction of a curb, gutter,sidewalk fronting
Kamana Street(Condition D)and submittal of a solid waste management plan(Condition
E). None of these conditions were fulfilled,inasmuch as the project was never
implemented.
Aside from time extensions of Condition B relating to the water usage calculation
and payment of the water commitment fee and Condition C relating to construction
completion,the Applicants are not requesting any further amendments. However,it is
understood that some of the other conditions may need to be updated and new ones
attached to reflect prevailing policies and/or ordinance.
Mr.Michael Yee,Director
August 13,2018
Page 3
IV. JUSTIFICATION OF REQUEST
Condition H of the rezoning ordinance(Ordinance No. 97 13) outlined three(3)
circumstances under which a whereby the Planning Director could consider an initial
time extension request. These circumstances presumably also apply to an extension to be
considered by the County Council,with the recommendations of the Planning Director
and Windward Planning Commission. As such,these circumstances and their
justification follow.
A. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, its successors or assigns,
and that are not the result of their fault or negligence.
Subsequent to the Applicants purchasing of the subject, several factors
affected their ability to develop the property within the prescribed time.
As noted earlier,the Applicants acquired the property in the late 1996,just
prior to its rezoning. It had every intention of developing it, as evidenced by
their proceeding with the demolition of the structure on the site in 2000. The
Applicants believed that it could have completed the project before the
February 20,2002 deadline or,if an extension were needed,just a few years
after the deadline.
The Applicants delayed start of the project in 2001,as it had some personal
needs to tend to that was of a higher priority. Just when things got settled,
however,there was the global economic meltdown and the financial crisis that
began in 2008. That made securing the required financing to start and
complete the new structure difficult. The Applicants thus had to defer the
project.
The meltdown—in Hawaii—continued after the September 11,2011 attack,
which further caused havoc and turmoil within the financial sector. This
further affected the Applicants' ability to readily secure the required
financing. Further,the Applicants were understandably concern that the
commercial market may not be as strong as desired to justify its financing.
Relative to the financing end,however, although there are signs that the
economy is on an upswing,time is still needed for the Applicant to finalize its
plans,secure the financing, and address the multitude of rezoning conditions.
Besides,a time extension is needed to clear up the"limbo"status of the site's
CG zoning.
Mr.Michael Yee,Director
August 13,2018
Page 4
It should be noted that,in a letter dated December 11,2013,to the Applicants,
the Planning Director inquired about the status of the project. The Applicants
did not respond as at that time,it had no immediate development plans.
However,this situation has changed,resulting in this request for the needed
time extensions.
B. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
It should be noted that since the site was rezoned,there has not been any
significant land use regulatory change in this area. The Hilo Community
Development Plan has not been updated,and thus,the only relevant planning
policy document still rests with the County General Plan.
The proposed request is still not contrary to the General Plan's Land Use
Pattern Allocation Guide(LUPAG)Map that defines the subject property
and its immediately surrounding area for High Density Urban uses. The most
recent revisions to the General Plan(February 2005)did not make any
changes affecting the subject site. The current designation on the LUPAG
map is the same as when the subject property was initially zoned CG-20.
1
There are a number of commercially-zoned and related uses adjacent to and
also proximate to the subject site along both sides of Kinoole Street and
Kamana Street. Actually, a property immediately north of the subject site was
rezoned into the CG-20 zone(TMK:2-2-022: 008)on December 30, 2009.
Thus,retention of the CG-20 zoning would serve the area as well as
complement the various urban-type of uses already established in this area.
Concurrently,it would be consistent with the following pertinent provisions of
the General Plan Policies:
1. Economic Element
Goals
• Provide residents with opportunitiesto improve their quality of life.
• Economic development and improvement shall be in balance with the
physical and social environments of the island of Hawaii.
Mr.Michael Yee,Director
August 13,2018
Page 5
® The County of Hawaii shall strive for diversity and stability in its
economic system.
• The County shall provide an economic environment which allows
new,expanded,or improved economic opportunities that are
compatible with the County's natural and social environment.
Policies
6 The County shall provide an economic environment which allows
new, expanded,or improved economic opportunities that are
compatible with the County's natural and social environment.
• The County shall strive for an economic climate which provides its
residents an opportunity for choice of occupation.
® The County shall strive for diversification of its economy by
strengthening existing industries and attracting new endeavors.
The County shall encourage the development of a visitor industry
which is consistent with the social,physical, and economic goals of
the residents of the County.
Discussion
The request would provide opportunities for a small office building to
establish itself in an area that is already serviced by a good transportation
system. Relatedly,all required infrastructure is there or,if not and/or
needed,will be provided by the Applicants without taxing government's
servicing ability.
Further,the area is located proximate to commercial and business areas,
making the site accessible to these uses.
At the same time,because of the types of use(office and possibly some
small retail)and its small-scaled nature,the requested project should be
consistent with the land use pattern in this area,while making it
convenient for the region and surrounding neighborhoods.
Mr.Michael Yee,Director
August 13,2018
Page 6
2. Land Use Element(Commercial)
Goals
® Provide for commercial developments that maximize convenience to
its users.
o Provide commercial developments that complement the overall pattern
of transportation and land usage within the island's regions,
communities,and neighborhoods.
Policies
® Commercial facilities shall be developed in areas adequately served by
necessary services, such as water,utilities,sewers, and transportation
systems. Should such services not be available,the development of
more intensive uses should be in concert with a localized program of
public and private capital improvements to meet the expected
increased needs.
e Distribution of commercial areas shall be such as to best meet the
demands of neighborhood,community and regional needs.
e The development of commercial facilities should be designed to fit
into the locale with minimum intrusion while providing the desired
services. Appropriate infrastructure and design controls shall be
incorporated into the review of such developments.
Standards
e Commercial developments shall be located in areas adequately served
by transportation,utilities,and amenities. Commercial developments
shall provide for adequate internal circulation amongst commercial
facilities in the area.
• Off-street parking and loading facilities shall be provided.
• Commercial development shall maintain or improve the quality of the
present environment through the consideration of visual,access,
landscaping,and other design elements in their development.
Mr.Michael Yee,Director
August 13,2018
Page 7
o Preference shall be given to commercial lands with a reasonably level
topography.
Discussion
As the City of Hilo and its surrounding area continue to grow,there will
be a need for more office space. However,not all office uses need to be in
large structures. Smaller structures in areas of transition—such as here—
. would be appropriate. From a visual and infrastructure perspective,the
proposed project would not overwhelm the surrounding area.
The subject site also fulfills other policies and standards articulated in the
General Plan.The site is already serviced by adequate infrastructure, and
where there are not,will be extended and/or provided by the Applicant.
The County water line is already available to the subject site.
Police and fire protective services are available within a 5-minute response
time. As such,this project should not require addition public services to
be provided.
The site does not have any on-site development constraints. The land is
relatively level and is designated "X" on the FIRM map. Further,because
office use is not noxious,potential pollution concerns would be minimal,
if at all.
Being used as residences in the past and to the present,the prospects of the
site serving as a habitat for rare or endangered plant or animal life appear
remote. There is also little evidence that the site would have any
archaeological feature.
Because of the proposed scale and type of use,the request would be-
ironically-generally compatible with some residential uses to its south
and east,yet being compatible with the commercial uses bordering its
property to the north and west. It would also be consistent with the
growing mix of commercial uses. To further mitigate potential visual and
noise impact,additional landscaping can be provided adjacent to any
adjacent residential properties south and east of the subject site.
•
Finally,the standards for an office building will be fulfilled. These
include the acreage,setbacks,uses,parking, etc.
Mr.Michael Yee,Director
August 13,2018
Page 8
•
C. Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone.
The reasons for approving the rezoning of this site were articulated in the
Planning Commission's recommendation to the County Council (Exhibit E).
The reasons,in summary, and their relationship to the present,included:
® Consistency with the County General Plan LUPAG map and Goals and
Policies.
i Furtherance of the County's goals of providing an economic environment
which allows new or existing businesses to expand and diversify the
County's economic base, and thereby also increase occupational choices.
This is still a goal of the County.
® Site's positive physical and locational attributes which meet the
commercial/industrial needs in the context of the industrial designation of
the County General Plan. This is still applicable today, as there have not
been any amendments to the General Plan.
® Availability or provision by the Applicants of all essential utilities and
services. The discussion relates to the improvements to the roadway
right-of-way,connection to the wastewater system,and the like. This is
also a commitment on the part of the Applicants.
® Site not having any resource issues,such as archaeological, drainage,
botanical, or avifaimal. The site continues to be used residentially. The
zoned area is designated"X"on the flood maps.
It is thus maintained that the reasons used to support the existing zoning still
apply to the requested time extensions. It should be noted,however,that since the CG-20
zoning was approved in 1997,the only substantive change to the Zoning Code was the
adoption of the concurrency provision, Section 25-2-46. Specifically,it requires that all
rezoning, including time extension,address traffic,potable water, and civil defense siren
concerns.
Relative to traffic,the concurrency provision requires a Traffic Impact Analysis
Report("TIAR")if more than fifty(50)trips are generated by a project during the peak
hours. In this situation,the proposed office use for the two structures with a combined
area of 2,500+/-square feet, generates less turning movements or traffic than a retail
shop. According to the Institute of Traffic Engineering manual(the manual used by
traffic engineers in preparing Traffic Impact Analysis Report),the AM/PM trip
Mr.Michael Yee,Director
August 13,2018
Page 9
generation for office use is 1.49 trips per 1,000 square feet. Thus,for a maximum 4,000
square foot office building,the projected movements would be 5.96 or less than six(6)
movements. Thus,the projected use does not reach the TIAR"threshold".
Notwithstanding not reaching the TIAR"threshold", of these projected maximum
six (6)AM/PM movements,it is assumed that at least 50%or three(3)movements would
be right turn movements into the project site from Kamana Street. Right turn movements
into the project site should not significantly impede traffic along either Kamana Street or
Kinoole Street.
County water for the project is still available from either an 8-inch line fronting
Kinoole Street or 6-inch line from Kamana Street. The 8-inch line should be sufficient
to address fire flow requirements.
Further,there is a civil defense siren less than five hundred (500)feet from the
subject site.
As such,approval of this request should not be incongruous with the concurrency
provision of the Zoning Code. .
V. SUGGESTED LANGUAGE
Pursuant to the request,the Applicants suggest the following language for your
consideration:
1. Replace Condition B relating to water requirement with an updated condition to
read as follows:
"The applicant(s), its successors, or assigns shall provide maximum daily water
usage calculations prepared by a professional engineer licensed in the State of
Hawaii, and a water commitment deposit in accordance with the "Water
Commitment Guidelines Policy"shall be submitted to the Department of Water •
Supply prior to submittal of plans for Plan Approval review by the Planning
Department. Based upon the calculations, if required, the applicant(s)shall
install a larger or additional service lateral or meter, and remit the prevailing
facilities charge to the Department of Water Supply. The applicant(s) is
responsible for maintaining valid water commitments to support the proposed
development until such time that required water facilities charges are paid in
full."
•
Mr.Michael Yee,Director
August 13,2018
Page 10
2. Amending Condition 19 by enabling an administrative time extension. It could
read as follows,with the underscore being new language:
"An initial time extension from the effective date of this amendment, for the
performance of conditions within the ordinance may be granted by the Planning
Director upon the following circumstances: .... ."
Pursuant to this amendment request,please find enclosed the following:
a. Twenty(20)copies of this letter,with appropriate enclosures,including
the letter of authorization from the Applicants; and
b. A list of the surrounding property owners within 300 feet of the subject
property;real property tax clearance;and$250 filing fee.
Should you have questions on this matter,please feel free to direct them to me.
Thank you very much.
Sincerely,
V� V1
SIDNEY M.FUKE
Planning Consultant
Enclosures
Copy—Mr.Nelson Fukuhara w/enclosures
274 Waianuenue Avenue
Hilo,Hawaii 96720
TO WHOM IT MAY CONCERN:
Please be informed that as landowner of a property identified byTMK: 2-2-032: 012, we
have no objections to and consent to the(request to amend Ordinance 9713 by extending the
construction timetable and related amendments, as represented by our planning consultant,
Sidney M. Fuke.
14'�� �a�PtiP 15-9-1K
(Signature) Dat
( e)
NELSON FUK HARA
• s77hce
(Signature) (Date)
SUSAN FUKUHARA
EXEIIBIT A
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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 GENERAL COMMERCIAL (CG-20) AT WAIAKEA,
SOUTH HILO, HAWAII. '
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
T12K : 2-2-23:72 NOYMBER 12, 7996
EXHIBIT "A" cr
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COUNTY OF HAWAII STAFE OF HAWAII
BILL NO. 5
(Draft 2)
13
ORDINANCE NO. 9'
AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY CODE,BY
CIJANGiNG THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL
(RS-10)TO GENERAL COMMERCIAL (CG-20)'AT WAJAKEA,SOUTH 1-ILO,HAWAII,
COVERED BY TAX MAP KEY 2-2-23:12.
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:
Thc district classification of the fbllowing area situated at Waiakea,South Hilo,
Hawaii,shall be General Commercial (CG-20):
Beginning at the westerly corner of this parcel of land and on the northeasterly side of
Kinoole Street,the coordinates of said point of beginning referred to Government Survey
Triangulation Station "HALAL" being 2,706.52 feet South and 6,155.80 feet East and
running by azimuths measured clockwise from True South:
I. Following alone a curve to the right having a radius of20.00 feet,the chord
azimuth and distance being:
1930 10' 28.28 feet:
2. 238° 10' 150.00 feet along the southeast side of Kamana
Street;
3. 328° 10' 125.00 feet along Lot 10, Block 82 of Waiakea
Houselots,2nd Series:
4. 58° 10' 170.00 feet alone.Lot 12,Block 82 of Waiakea
Ilouselots,2nd Series;
EXHIBIT D
5. l48 10' 105.00 feet along northeasterly side of Kinoole
Street to the point of beginning and
containing an area of 21,164 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(s),its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants)shall submit daily water usage calculations� and the required
water commitment payment to the Department of Water Supply in accordance
with its"Water Commitment Policy" within 90 days from the effective date of
this ordinance.
C. Construction of the proposed commercial development shall be completed within
five(5)years from the effective date of this ordinance. Prior to the start of
construction, Final Plan Approval for the proposed commercial development and
related improvements shall be secured from the Planning Director. Plans shall
identify structures.fire protection measures.paved parking stalls and paved
driveway and other improvements associated with the proposed use. 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.
D_ Driveway access to The subject property from Kamana Street shall meet with the
approval of the Department Public Works. No access shall be permitted from
Kinoole Street. Kamana Street shall be provided along the entire frontage of the
property,with the exception of access points, with commercial standard concrete
curb,gutter and sidewalk along with pavement widening and transition,meeting
with the approval of the Department of Public Works,prior to the issuance of
• certificate of occupancy for the proposed commercial development.
E.
The applicant shall comply with the Count 's Solid Waste Management Plan.
lan.
F_ Upon compliance with applicable conditions of approval,prior to the
establishment of any new use or the opening of the proposed development,the
applicant shall submit a final status report,in writing,to the Planning Director.
G. 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.
H. An initial extension of time far the performance of conditions within the
ordinance may be granted by the Planning Director upon the following -
circumstances:
1. Non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants,successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the general plan or
zoning code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
-3-
4. The time extension granted shall be for a period not to exceed the period
originally ttranted lbr performance(i.e_,a condition to be performed
within one year may be extended for up to one additional year).
I. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director shall 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 oi'this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
'CII. MEMBER. COUNTY OF AWAII
Ilila, Hawaii
Date of Introduction: January 22, 1997
Date of est Reading: January 22, 1997
Date of 2nd Reading: February 7, 1997
Effective Date: February 20. 1997
APPROVED AS TO FORMAND LEGALITY
• - � t i t =
/ : /
s• ,,...-
PU tY CORPORATION COUNSEL
DATED: .!
r
._ 1
1 , 4
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
(DR?�FTE----- . - -, •
'97 FEB 2(d° �` ;T21OTE
AYES NOES ABS 1 EX
Introduced Ey: Bibby deanLeithead-Todd Aral aki CUUi':''I "
Date Introduced: January 22,- 1997 COUNTY OI,314,A
First Reading: January 22, 1997
Pub]isht rl: N/A
tt1cad-Toad X
..d.._ Ray 7.- 1 -----
REMARKS:
REMARKSS: Revnold5 •
Santangelo ( h -
�_ .—��_�-_ _ Smith I X 3 I
TyI er j X ! 1
--. ...._._ -- .. --._ Yasong X
ROLL CALL VOTE '
Second heading: February 7, 1997 -1.
AYES I NOES 1 ABS
I E�
To Mayor: February 11, 1997
Arakaki
Returned: February. 20, 1997 ` X i "i
.iii ective: February 20, 1997 Chung X I
Published February 28, 1997 Leithead-Todd X ______ �-
Ray X {l
REMARKS: Reynolds 1 X {-
--- Santangelo X ! __A_ I
V _ Smi rh X
__-.__.-_ _ — Tyler X -
..Y.___— _ -- Yagonc X j i i
8 0i 1 1 01
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicaledabavp. APPROVED AS TO
E AND LE IT ':
Ai
.V.-4-44-I Auri,I'--. , _ Allir, ...",.. .
C PUtY CORPORATION COUNSEL 0 CIL CHAIRMAN
COUNTY OF HAWAII -( 4 r
Date "I 1 COUN£YC_LERK
Approved/Diaap d this 7,o day
of Ct .I9 97 .
AO C. 4. ,.
MR,COUN1YCY HAWAII BiliNo.: 5 (Draft 2)
Reference: C-26/PC-2
Ord No.: )7 13
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SINGLE FAMILYr /
RESIDENTIAL RS--1O} r zi'
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TO GENERAL La-2a I -z 1 ',` �7
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CD-20 Ry . 10 RD - 5.73 CO ^O i r5 - 10 r CO1
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KAMANA STREET
RS - 10
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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 GENERAL COMMERCIAL (CG-20) AT WAIAKEA,
SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
'MK : 2-2-23:12 NOVEM ER 12. 1396
' EXHIBIT "A" crouuio t
,alp •-Li
Stephen m K.Yas*him ^ . �rr'*'
ler&yor
gounfg rif Aufunit
PLANNING COMMISSION
25 Aupunl Snort,Room 109• Ira%Hawaii 96720-4252
(808)961.8288 Fax(808)961-9615
•
`DEG- 9 1996
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 Application (REZ 96-24) C -1)-`1-5)
Applicant: John S. Tolmie, Jr. and Linda Tolmie
Request: RS-10 to CG-20
Tax Map Key: 2-2-23:12
The Planning Commission, after a duly held public hearing on November 21, 1996, voted to
recommend for your approval the proposed legislative bill to change the district classification
for approximately 21,164 square feet of land by changing the district classification from Single
Family Residential (RS- 10) to General Commercial (CG-20). The property is located on the
southeast corner of the Kinoole Street and Karnana Street intersection at Walakea, South Hilo,
Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
In order to consider an area for any type of zoning designation, specific goals,
policies and standards of the General Plan must be adequately addressed. Review of
these goals, policies and standards in the context of the proposed request, assists us in
evaluating and determining the most desirable use of land and to assure that
development is coordinated within the County in the best interest of its people, It is
only through a comprehensive policy analysis approach that evaluations and decisions
can be made to better time or stage developments to achieve quality growth. As'we
look at the larger picture, we realize that the implication of these evaluations and
decisions must also be considered, as each decision may have an impact not only on
.121,43
EXIT E EtEC # e 1996
_ Y
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
other similar areas in the County, but ultimately, on the future development of the
whole island.
The proposed change of zone to a General Commercial zoned district will
conform to the following goals, policies and standards of the Land Use Element of the
General Plan:
' Designate and allocate land uses hi appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and
facilities.
• Zoning request shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with
adjacent zoned uses, availability of public services and utilities, access, and
public need.
• The County shall encourage the development and maintenance of communities
'meeting the needs of its residents in balance with the physical and social
environment.
• Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
Approval of this request would also complement the following goals and
policies of the Commercial Element:
• To provide for commercial developments that maximize convenience to users.
• Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities and
neighborhoods.
• Commercial facilities shall be developed in areas adequately served by
necessary services, such as water, utilities, sewers and transportation systems.
• Distribution of commercial areas shall be such as to best meet the demands of
neighborhood, community and regional needs. •
•
Honorable James.Y. Arakaki, Chairman
and Members of the County Council
Page 3
* The development of commercial facilities should be designed to fit into the
locale with minimal intrusion while providing the desired services. Appropriate
infrastructure and design concerns shall be incorporated into the review of such
developments.
Also, in the General Plan, a Course of Action for commercial development
within the South Hilo District recommends that "Appropriately located commercial
zoned lands shall be allocated as the need arises" and "Commercial zoned lands in
proximity to the University of Hawaii at Hilo shall be allocated as the need arises."
This request would be consistent with the urban form depicted for Hilo in that it would
add commercial uses serving the entire City of Hilo and its surrounding region in a
central location and in close proximity to other similar commercial activities. Rezoning
of surrounding properties to a Commercial-zoned district is testimony to the demand
for commercial-zoned areas within the City of Hilo.
The Land Use Pattern Allocation Guide (LUPAG) Map of the General Plan is
also used to evaluate a change of zone request. This map reflects a graphic expression
of the General Plan's goals, policies, standards and courses of action, and it displays
the physical relationships among the various land uses. It also establishes the basic
land use pattern that is intended to guide the direction of future development on this
island. It is used as a long-range planning device; and its boundaries are broad and
flexible. In this case, the requested zone change conforms to the General Plan's Land
Use Pattern Allocation Guide (LUPAG)Map which designates the property for High
Density Urban uses. Such a designation may allow uses such as commercial, multiple
family residential and related services (general and office commercial; multiple family
residential up to 87 units per acre), provided the goals, policies and standards of the
General Plan are met.
The Hilo Community Development Plan(CDP), adopted by Resolution in 1975,
is intended to provide short and middle range implementation strategies for the goals,
policies and land use pattern presented in the General Plana While the Hilo CDP and
its Zone Guide Map, adopted over 15 years ago, suggests a Multiple Family
Residential-4,000 square feet per unit (RM-4) designation for the project site, it
recognizes the need for future commercial development to reinforce existing
commercial areas by,encouraging it to fill in to be a unified City Center rather than
further disassemble to other parts of Hilo. This City Center is defined as the area of
High Density Urban Development as outlined by the General Plan, which extends
southward from the Wailuku River to the general vicinity of the University of Hawaii
at Hilo. The expansion of the High Density Urban designation during the 1989
General Plan update to include areas in the immediate vicinity of the University of
ff.
f
•
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
Hawaii and recent Commercial-rezoning within the immediate area has solidified the
project area as part of the primary commercial core for this portion of Hilo.
The proposed request will not be materially detrimental to the public welfare
nor cause substantial adverse impact to the community's character or surrounding
properties. On the contrary, the proposed commercial retail/office building will be of
benefit to the general public. While single family residential homesites are located
adjacent to the project site, there are properties used for commercial uses along Kinoole
Street to the north and south of the subject property. Therefore, the proposed
development will complement the existing commercial character of this particular
section of Hilo. To ensure that surrounding single family residential dwellings are not
adversely impacted by any potential noise and visual impacts, it is recommended that
appropriate landscaping be provided along the property boundary as needed.
The granting of the proposed request will not adversely affect similar or related
existing uses within the surrounding area, community or region. While a formal
market study was not conducted by the applicants to demonstrate that the proposed use
will not have an adverse impact on similar uses within the region, the applicants
believe that there is a sufficient market for the project based on inquiries and
observation of the market activities in the area. The nearest commercial center other
than the applicants' development is the Hilo Shopping Center, referred to as the City
Center in the Hilo Development Plan. The applicants' proposal would be in keeping
with commercial expansion of the City Center.
The proposed request will not unreasonablyburden public agencies to provide
roads and streets, sewer, water, drainage, school improvements, police and fire
protection, and other related infrastructure. The project site is located within an area
adequately served with essential services and facilities such as water, transportation
systems and other utilities. Water is available to the project site through an existing
8-inch waterline along Kinoole Street and an existing 6-inch waterline along Kamana
Street. As recommended by the Department of Water Supply, daily water usage
calculations and the issuance of a formal water commitment shall be required in
accordance with their Water Commitment Policy. The applicants propose to establish
access to the property from Kamana Street, a County-maintained roadway having
60-foot right-of-way with a 25-foot pavement with approximately 6-foot paved
shoulders but with no curb, gutters or sidewalks. Kinoole Street has a 60-foot
right-of-way with a 36-foot pavement width with concrete curb, gutters and sidewalks.
As recommended by the Department of Public Works and consistent with other similar
rezoning within the area, it is recommended that commercial standard concrete curb,
gutter and sidewalk, along with pavement widening and transition, be provided along
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
the project site's Kamana Street frontage. The Department of Public Works
recommends that there be no vehicular access from Kinoole Street.
While lands within this portion of Hilo shows a definitive progression towards
commercial uses, surrounding properties are zoned RS-10 and are in residential use.
The project site is located on a corner; as such, the development will make a visual
statement. Therefore, it is recommended that landscaping elements, to be determined
during Plan Approval review, be incorporated within the proposed development to
,mitigate any adverse noise or visual impacts which may be generated by the proposed
retailfoffice use. This mitigative measure will ensure that the proposed development
fits into the Iocale with minimal intrusion while providing the desired services.
Finally, due to the improved nature of the project site and surrounding areas, it
is not anticipated that endangered or threatened candidate species of flora or fauna are
located within the project site, nor has the project site been identified as a significant
botanical or biological habitat. Further, it is also not anticipated that the proposed use
will have any adverse impact on cultural or historical resources.
The property has no severe topographic or geologic problems which cannot be
properly rectified or which would render the land unusable for the proposed use.
Based on the foregoing, approval of this change of zone request would result in
an appropriate land use pattern that will further the necessity, convenience and welfare
of the general public.
For your favorable consideration, an amendment to Section 25414, the City of Hilo Zone
Map, of the County Zoning Code is transmitted.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
We are enclosing a copy of the application and a copy of the staff background for your
information.
Sincerely,
Kevin M. Balog, Chairman
Planning Commission
AK:syw
LTolmi02.PC
Enclosures
cc: Honorable Stephen K. Yamashiro, Mayor
Mr. Gregory R. Mooers
John S. Tolmie, Jr. and Linda Tolmie
Department of Public Works
Department of Water Supply
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 5
(Draft 2)
13
ORDINANCE NO. '�
T
SECTION 25-114 (CITY OF HILO ZONE MAP),
ORDINANCE AMENDING
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL
COMMERCIAL (CG-20)AT WAIAKEA, SOUTH HILO, HAWAII,
(RS-10) TO GENERAL
COVERED BY TAX MAP KEY 2-2-23:12.
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 General Commercial (CG-20):
Beginning at the westerly corner of this parcel of land and on the northeasterly side of
Kinoole Street,the coordinates of said point of beginning referred to Government Survey
Triangulation Station "HALAI" being 2,706.52 feet South and 6,155.80 feet East and
running by azimuths measured clockwise from True South:
1. Following along a curve to the right having a radius of 20.00 feet, the chord
azimuth and distance being:
193° 10' 28.28 feet;
2. 238° 10' 150.00 feet along the southeast side of Kamana
Street;
3. 328° 10' 125.00 feet along Lot 10, Block 82 of Waiakea
Houselots, 2nd Series;
4. 58° 10' 170.00 feet along Lot 12, Block 82 of Waiakea
Houselots, 2nd Series;
Planning epL.
Exhibit
5. 148° 10' 105.00 feet along northeasterly side of Kinoole
Street to ,he point of beginning and
containing an area of 21,164 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(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicant(s) shall submit daily water usage calculations and the required
water commitment payment to the Department of Water Supply in accordance
with its "Water Commitment Policy" within 90 days from the effective date of
this ordinance.
C. Construction of the proposed commercial development shall be completed within
five(5) years from the effective date of this ordinance. Prior to the start of
construction, Final Plan Approval for the proposed commercial development and
related improvements shall be secured from the Planning Director. Plans shall
identify structures, fire protection measures, paved parking stalls and paved
driveway and other improvements associated with the proposed use. 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.
D. Driveway access to the subject property from Kamana'Street shall meet with the
approval of the Department Public Works. No access shall be permitted from
Kinoole Street. Kamana Street shall be provided along the entire frontage of the
property, with the exception of access points, with commercial standard concrete
curb, gutter and sidewalk along with pavement widening and transition, meeting
_7_
with the approval of the Department of Public Works, prior to the issuance of
certificate of occupancy for the prop)sed commercial development.
E. The applicant shall comply with the County's Solid Waste Management Plan.
F. Upon compliance with applicable conditions of approval, prior to the
establishment of any new use or the opening of the proposed development, the
applicant shall submit a final status report, in writing, to the Planning Director.
G. 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.
H. 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. Non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the general plan or
zoning code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
-3-
4. The time extension granted shall be for a period not to exceed the period
originally granted for p.rformance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
I. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director shall 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
11,
Ap. f#74,70v
'effCIL MEMBER, COUNTY OF •WAII
Hilo, Hawaii
Date of Introduction: January 22 1997
Date of 1st Reading: January 22 , 1997
Date of 2nd Reading: February 7 , 1997
Effective Date: February 20, 1997
APPROVED AS TO FORM AND LEGALITY
DEPUTY CORPORATION COUNSEL
DATED: 1_,'
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3
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 GENERAL COMMERCIAL (CG-20) AT WAIAKEA,
SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 2-2-23:12 NOVEMBER 12, 1996
EXHIBIT "A" (TOLMIE)
OFFICE OF THE COUNTY CLERK
County of Hawaii
• Hilo Hawaii
Cf f'!'. 'r7.:'n .
(DRAFT 21.— ——. i- .__
'97 FEB. 2 ORO!Y1 CI. 1210Th i
AYES NOES ABS I EX
Introduced By: Bobby Jean Leithead-Todd Asakaki COUN i'i' :, i T1
Date Introduced: January 22, 1997 Chung COUNTY OF 'tU
-La
First Reading: January 22, 1997
N/A Leithead-Todd X
Published: Ray - X
REMARKS: Reynolds X I _
Santangelo X
Smith X
. • Tyler X
. Yagong X I —___1
9 0 0 I 0 J
-
ROLL CALL VOTE
Second Reading: February 7, 1997 AYES NOES ABS I EX
To Mayor: February 11, 1997 -
Returned: - February 20, 1997 Arakaki X L—
Effective: February 20, 1997 Chung X
Published February 28, 1997 Leithead-Todd X
Ray X
REMARKS: Reynolds X
__ Santangelo X -
Smith X
--- Tyler X
Yagong X _ •
-- -- , — 8 0 1 I 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. APPROVED AS TO
r
Es'Aik AND LE !TY
411°P4'. . ' - ----0-- ,.....,-,
r % ' 4"...i -4---_. O CIL CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII -3
r/O7Je 4. ��
Ucte MI/f7 COUNTY CLERK
Approved/flp od this day
of a ! ,T9 97
,l MR, COUNTY HAWAII Bill No.: 5 (Draft 2)
Reference: C-26/PC-2
Ord.No.: 7 13
DEPARTMENT OF PUBLIC WOR OPT t Ppi 14 Z`
COUNTY OF HAWAII `'1
HILO, HAWAII Pi_f,f _ °IIEN T
! Gi jt,. (' 6i- "11,11
DATE: October 4, 2018
TO: Michael Yee, Planning Director
") �y A t i-ter ( �_
FROM: ot D,e'partment of Public Works, Engineering Division
SUBJECT: AMENDMENT TO CHANGE OF ZONE ORD. No. 97-13 (REZ 843)
Applicant: Nelson and Susan Fukuhara (formerly John S. Jr. Tolmie and
Linda Tolmie)
Request: Amendment to Condition C (Complete Construction
TMK: 2-2-023:012
We have reviewed the subject request forwarded by your memo dated September 5, 2018
and provide the following:
We have no objection to the time extension to complete the construction.
Questions may be referred to Robyn Matsumoto at 961-8924.
Planni
g
, SCANNED
Exhibit . I OCT - 9 2018
County of Hawaii is an Equal Opportunity Provider and Employer '
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: September 18, 1996
TO: Virginia Goldstein, Planning Director
Planning Department •
FROM: / alerCM!kub ('Division Chief
za�
Engineering Division
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 96-24) _r
Applicant: John S. Tolmie, Jr. and Linda Tolmie
Request: RS-10 to CG-20
Location: Waiakea, South Hilo, Hawaii y�
TMK: 2-2-23:12
We have reviewed the subject application and our comments are as follows:
1. Building shall conform to all requirements of the code and statutes pertaining to building construction.
2. All development generated runoff shall be disposed within the site and shall not be directed toward
any adjacent properties. The applicant shall be informed that if drywells are included in the subject
improvements, an Underground Injection Control (UIC) permit shall be applied for from the
Department of Health, State of Hawaii.
3. All earthwork and grading activities shall conform to Chapter 10, Erosion and Sediment Control, of
the Hawaii County Code.
4. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the
Hawaii County Code.
5. Immediately west of the property, is the County maintained Kinoole Street, a 60-foot right-of-way with
36-foot pavement in good conditional with concrete curbs, gutters and sidewalks. DPW
recommends eliminating the grass planting strip and providing full width commercial standard
concrete sidewalk along the Kinoole Street frontage. No vehicular access will be permitted along
Kinoole Street.
6. Access to the subject area is from Kamana Street, a County maintained roadway with a 25 foot
pavement in good condition and approximate 6 feet paved shoulders within a 60-ft width right-of-way.
Kamana Street shall be improved along the frontage of the property. Improvements shall inplude
construction of commercial standard concrete curb, gutter and sidewalk along with pavement
widening and transition. Proposed development driveway shall be located away from the
intersection.
7. Wastewater disposal shall meet with the requirements of the DPW, Wastewater Division.
CKY/CR
cc: BLD
W WD 96-24.CZA
4040' W T; S i !,.
,5#J Q� GAA „�'i I
�s QUI ,+ 0
.� :`' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWA!`!
: yry 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720
; TELEPHONE (808) 961-8050 • FAX (808) 961-8657
October 5, 2018 1-;
C •
TO: Mr. Michael Yee, Director
Planning Department
FROM: Keith K. Okamoto, Manager—Chief Engineer ;-
SUBJECT: Amendment to Change of Zone Ordinance No. 97-013 (REZ 843)
Applicant: Nelson and Susan Fukuhara
(formerly John S. Tolmie, Jr., and Linda Tolmie)
Request: Amendment to Condition C (Complete Construction)
Tax Map Key 2-2-023:012
We have reviewed the subject application and have the following comments and conditions.
Water can be made available from an existing 8-inch waterline within Kino`ole Street and from an
existing 6-inch within Kamana Street which front the subject parcel in accordance with the
Department's existing water availability conditions, which are subject to change without notice.
The Department has no objection to the proposed application subject to the applicant understanding
and accepting the following conditions:
1. The Department requests that the applicant submit estimated maximum daily water usage
calculations for the proposed use, prepared by a professional engineer licensed in the State of
Hawaii, for review and approval. The water usage calculations should include the total estimated
daily water usage in gallons per day and the estimated peak flow in gallons per minute (GPM),
including irrigation use.
8411 Upon receipt of the water usage calculations above, the Department will make a determination as
to the water commitment deposit amount and prevailing facilities charge, which is subject to
change, to be paid. Based on the water demand calculations, the Department will determine the
appropriate service lateral and meter size required. °2 °
2. The proposed zoning will require the installation of a reduced pressure type backflow prevention r
II. ILI
assembly, within five (5) feet of the meter on private property. If a larger or additional meter is
required, a backflow prevention assembly will also be required for that meter. The installation of
the backflow prevention assembly(s) must be inspected and approved by the Department before
water service can be activated. — -
CAN' ..(
• rri
. . . Water, Our Most PreciouscResource . . . Ka Wai A ?One. . . :i -1'
The Department of Water Supply is an Equal Opportunity provider and employer.
Mr: Michael Yee, Director
Page 2
October 5, 2018
3. Subject to other agencies' requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development, the applicant shall be responsible for
the relocation and adjustment of the Department's affected water system facilities, should they be
necessary.
Please be informed that the existing 8-inch waterline within Kino`ole Street is inadequate to provide
the required 2,000-gallons per minute of flow for fire protection, as per the Department's Water
System Standards.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning
Branch at 961-8070, extension 255.
Sincerely yours,
' Vr. i ' ba.
Keith K. Okamoto, P.E.
Manager— Chief Engineer
TS:dfg
copy— Mr. Sidney M. Fuke
Mr. Nelson and Ms. Susan Fukuhara
Harry Kim ` `yuF Hew'. William A.Kucharski '
Mayor .;, �_r't•` %/;. Director
Wilfred M.Okabe
F Aszil Diane A. Noda
Managing Director Deputy Director `
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 Hilo,Hawai`i 96720
Ph:(808)961-8083•Fax:(808)961-8086
cohdem@co.hawaii.hi.us
http://www.hawaiicounty.gov/environmental-management/
MEMORANDUM
TO: Michael Yee,Director • `- `is'
Planning Department /
FROM: William A. Kucharski,Director - `r /
Environmental Management Dep:aen :J
DATE: September 11, 2018
SUBJECT: Amendment to Change of Zone Ordinance No. 97 13 (REZ 843)
Applicant: Nelson and Susan Fukuhara(formerly John S. Tolmie, Jr.,
and Linda Tolmie)
Request: Amendment to Condition C (Complete Construction)
Tax Map Key: (3) 2-2-023:012
The Solid Waste Division has reviewed the subject application and offers the following
. comments and/or recommendations (contact the Solid Waste Division for details):
(X) No comments.
( ) Commercial operations, State and Federal agencies,religious entities and non-profit
organization may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to •
its fullest extent.
( ) Ample and equal room should be provided for rubbish and recycling.
( ) Green waste may be transported to the green waste sites located at the West Hawai`i11C10)19
Organics Facility and East Hawai`i Organics Facility, or other suitable diversion
programs.
•
( ) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines. C , may
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
( ) Other:
•
SCANNED
County of Hawaii is an Equal Opportunity Provider and Employer S E P 1 3 2018
Mr. Michael Yee, Director
September 11, 2018
Page 2.
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details):
( ) No comments.
(X) Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawai`i County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawai`i County Code. Complete Sewer Extension Application.
( ) Require extension of the sewer system to set-vide the proposed subdivision in accordance
with Section 23-85 of the Hawai`i County Code.
(X) Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management ("Director of DEM"), [X] applicant shall conduct a
sewer study in accordance with the then applicable wastewater system design
standards prior to approval to connect to the County sewer system. Applicant shall
provide such sewer line or other facility improvements as the Director of DEM may
reasonably require,which the sewer study may indicate are advisable for mitigation
of impacts of the proposed project. Contact Wastewater Division Chief for details.
( ) Other:
WK:mef
}
Harry Kim �°a�� F ,�'��`, Paul K.Ferreira
Mayor r.
: .�_ 4��.. ...,•, ‘u. �;-
.EP[ 2 , , 9 1 �i 1 Police Chief
'"'TR, _ I t �C 4r
+ c� N Mara `�• r i v I
''........-.:.,,i-
•' ,TF OF 'Al;t7-- CO t� 7 I l lj F I r ,=,.!I
.. ,._- Kenneth Bugado Jr.
Deputy Police Chief
County of HawaFit
POLICE DEPARTMENT
349 Kapiolani Street • Hilo,Hawaii 96720-3998
(808)935-3311 • Fax(808)961-8865
September 18, 2018
TO : MICHA LYE , PLA aii. IN,.gI' CTOR
FROM : MITCH LL . KANEHAILUAfR., ASSISTANT POLICE CHIEF
AREA I OPERATIONS BUR AU
SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 97 (REZ 843);
APPLICANT: NELSON AND SUSAN FUKUHARA (FORMERLY JOHN S.
JR. TOLMIE AND LINDA TOLMIE); REQUEST: AMENDMENT TO
CONDITION C (COMPLETE CONSTRUCTION)
TAX MAP KEY: 2-2-023:012.
Staff, upon reviewing the provided documents, does not anticipate any significant
impact to traffic and/or other public safety concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact Captain Gregory M. Esteban, South Hilo
Patrol, at (808)961-2214 or via e-mail at gregory.estebanhawaiicounty.gov.
GE:IIi/180846
Planning 216.0.
Exhibit. W.
SCANNED
"Hawai'i County is an Equal Opportunity Provider and Employer" 4'
Harry Kim - o?'`%OF••"•!,, y� _ Darren J. Rosario
Mayor + .�1�Li;.•, 1� Fire Chief ,
Lance S. Uchida ,
+111 rrQ 'P Deputy Fire Chief
fit,:14•OVIVO
CCountp of .biat' i •
HAWAII FIRE DEPARTMENT •
25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720
(808)932-2900•Fax(808)932-2928
September 19, 2018 •
TO: MICHAEL YEE, PLANNING DIRECTOR -T�, •
•
FROM: DARREN J. ROSARIO, FIRE CHIEF = ';
SUBJECT: Amendment to Change of Zone Ordinance No 97 13 (REZ 843)
Applicant: Nelson and Susan Fukuhara(formerly John S. Jr Tolmie and -
Linda Tolmie) '
•
Request: Amendment to Condition C (Complete Construction) •
Tax Map Key: 2-2-023:012
In regards to the above-mentioned Amendment to Change of Zone application, the following shall
be in accordance:
NFPA 1, UNIFORM FIRE CODE, 2006 EDITION
Note: Hawcii i State Fire Code, National Fire Protection Association 2006 version, with County
of Hawcii'i amendments. County amendments are identified with a preceding "C—" of the
reference code.
Chapter 18 Fire Department Access and Water Supply
18.1 General. Fire department access and water supplies shall comply with this chapter.
For 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, or
areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ
may require additional safeguards including, but not limited to, additional fire appliance units,
more than one type of appliance, or special systems suitable for the protection of the hazard
involved.
18.1.1 Plans.
18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the
fire department for review and approval prior to construction.
Planning
Exhibit
Wqp",
SCANNED ►
SEP 20 O8 F -16
Hawai'i County is an Equal Opportunity Provider and Employer. 20 k, I
Michael Yee
September 19, 2018
Page 2
18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be
submitted to the fire department for review and approval prior to construction.
C� 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate
any Fire hydrant unless such person first secures permission or a permit from the owner or
representative of the department, or company that owns or governs that water supply or system.
Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or
maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau
personnel.
18.2 Fire Department Access.
18.2.1 Fire department access and fire department access roads shall be provided and maintained
in accordance with Section 18.2.
18.2.2* Access to Structures or Areas.
18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es) to be
installed in an accessible location where access to or within a structure or area is difficult
because of security.
18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to
require fire department access be provided to gated subdivisions or developments through the
use of an approved device or system.
18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire
department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is
modified in a manner that could prevent fire department access.
18.2.3 Fire Department Access Roads. (*may be referred as FDAR)
18.2.3.1 Required Access.
18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building,
or portion of a building hereafter constructed or relocated.
18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes,parking lots lanes,
or a combination thereof
18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports,
sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are
J
present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the
AHJ.
Michael Yee
September 19, 2018
Page 3
18.2.3.1.4 When fire department access roads cannot be installed due to location on property,
topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be
authorized to require additional fire protection features.
18.2.3.2 Access to Building.
18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one
exterior door that can be opened from the outside that provides access to the interior of the
building. Exception: 1 and 2 single-family dwellings.
18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in
18.2.3.2.1 shall be permitted to be increased to 300 feet.
18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or
any portion of an exterior wall of the first story of the building is located not more than 150 ft
(46 m) from fire department access roads as measured by an approved route around the exterior
of the building or facility.
18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in
18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m).
18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided
when it is determined by the AHJ that access by a single road could be impaired by vehicle
congestion, condition of terrain, climatic conditions, or other factors that could limit access.
18.2.3.4 Specifications.
18.2.3.4.1 Dimensions.
C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved
turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family
dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than
20 feet wide within 150 feet of the structure being protected. An approved turn around area shall
be provided if the FDAR exceeds 250 feet.
C- 18.2.3.4.1.2 FDAR shall have an unobstructed verticalclearance c 1 ar n of not less then 13ft 6 in.
C-- 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such
increase or reduction does not impair access by the fire apparatus, and approved signs are
•
installed and maintained indicating such approved changes.
Michael Yee
September 19, 2018
Page 4
18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not
adequate to accommodate fire apparatus.
C- 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and
maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall
be comprised of an all-weather driving surface.
18.2.3.4.3 Turning Radius.
18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30
feet, and a minimum outside turning radius of 60 feet.
18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width.
18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in
length shall be provided with approved provisions for the fire apparatus to turn around.
18.2.3.4.5 Bridges.
18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall
be constructed and maintained in accordance with county requirements.
18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of
fire apparatus.
18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by
the AHJ.
18.2.3.4.6 Grade.
C-- 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12
percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a
Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum
gradient of such area(s) shall not exceed 10 percent.
18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road
shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire
apparatus of the fire department, and shall be subject to approval by the AHJ.
18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb
cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane.
•
Michael Yee
September 19, 2018
Page 5
18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be
approved the AHJ.
18.2.3.5 Marking of Fire Apparatus Access Road.
18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be
provided and maintained to identify fire department access'roads or to prohibit the obstruction
thereof of both.
18.2.3.5.2 A marked fire apparatus access road shall also be known,as a fire lane.
18.2.4* Obstruction and Control of Fire Department Access Road.
18.2.4.1 General.
18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any
manner, including by the parking of vehicles.
18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be
maintained at all times.
18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or
impede accessibility for fire department operations.
18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and
barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked.vehicles.
18.2.4.2 Closure of Accessways.
18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or
other approved barricades across roads, trails, or other accessways not including public streets,
alleys, or highways.
18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner.
18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the
manner prescribed
by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the
owner and the AHJ.
18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted
property identified in 18.2.4.2.1. •
Michael Yee
September 19, 2018
Page 6
18.2.4.2.5 Locks, gates, doors, ban-icades, chains, enclosures, signs, tags, or seals that have been
installed by the fire department or by its order or under its control shall not be removed,
unlocked, destroyed, tampered with, or otherwise vandalized in any manner.
18.3 Water Supplies and Fire Hydrants
18.3.1* A water supply approved by the county, capable of supplying the required fire flow for
fire protection shall be provided to all premises upon which facilities or buildings, or portions
thereof, are hereafter constructed, or moved into or within the county. When any portion of the
facility Or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus
access road, as measured by an approved route around the exterior of the facility or building, on-
site fire hydrants and mains capable of supplying the required fire flow shall be provided when
required by the AHJ.For on-site fire hydrant requirements see section 18.3.3.
EXCEPTIONS:
1. When facilities or buildings, or portions thereof, are completely protected with an
approved automatic fire sprinkler system the provisions of section 18.3.1 may be
modified by the AHJ.
2. When water supply requirements cannot be installed due to topography or other
conditions, the AHJ may require additional fire protection as specified in section 18.3.2
as amended in the code.
3. When there are not more than two dwellings, or two private garage, carports, sheds and
agricultural. Occupancies, the requirements of section 18.3.1 maybe modified by AHJ.
18.3.2*Where no adequate or reliable water distribution system exists, approved reservoirs,
pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable
of providing the required fire flow shall be permitted.
18.3.3* The location, number and type of fire hydrants connected to a water supply capable of •
delivering the required fire flow shall be provided on a fire apparatus access road on the site of
the premises or both, in accordance with the appropriate county water requirements.
18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the
fire department.
18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25
or county requirements as determined by the AHJ.
•
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18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected
unless located within a public right of way.
Michael Yee
. September 19, 2018
Page 7
18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned
to service. Owners of private property required to have hydrants shall maintain hydrant records
of approval, testing, and maintenance, in accordance with the respective county water
requirements. Records shall be made available for-review by the AHJ upon request.
C� 18.3.8 Minimum water supply for buildings that do not meet the minimum Countywater
pP Y g
standards:
Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for
Firefighting.
Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for
Firefighting.
Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for
Firefighting.
Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow
requirements.
Multiple story buildings shall multiply the square feet by the amount of stories when determining
the minimum water supply.
Commercial buildings requiring a minimum fire flow of 2000gpmper the Department of Water
q g gP p
standards shall double the minimum water supply reserved for firefighting.
Fire Department Connections (FDC) to alternative water supplies shall comply with 18..3.8 (1)-
(6) of this code.
NOTE: In that water catchment systems are being used as a means of water supply for
firefighting, such systems shall meet the following requirements:
1) In that a single water tank is used for both domestic and firefighting water, the water for
domestic use shall not be capable of being drawn from the water reserved for firefighting;
2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection
(F)DC) shall be as follows:
a) 4"for C900 PVC pipe;
b) 4" for C906 PE pipe;
c) 3" for ductile Iron;
d) 3' for galvanized steel.
Michael Yee
September 19, 2018
Page 8
3) The Fire Department Connection(FDC) shall:
a) be made of galvanized steel;
b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap;
c) be located between 8 ft and 16 ft from the Fire department access. The location shall be
approved by the AHJ;
d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as
measured from the center of the FDC orifice;
e) be secure and capable of withstanding drafting operations. Engineered stamped plans
may be required;
f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the
structure being protected;
g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code.
4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second
FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing
500gpm by engineered design standards. The second FDC shall be located in an area
approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations
at once, in mind.
5) Inspection and maintenance shall be in accordance to NFPA 25.
6) The owner or lessee of the property shall be responsible for maintaining the water level,
quality, and appurtenances of the system.
EXCEPTIONS TO SECTION 18.3.8:
1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment
storage.
2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access
Road requirements.
3) For one and two family dwellings, agricultural buildings, storage sheds, and detached
garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access
Road requirements, the distance to the Fire Department Connection may be increased to 1000
feet.
4) For one and two family dwellings, agricultural buildings, and storage sheds greater than
2000square feet, but less than 3000 square feet and meets the minimum Fire Department
Access Road requirements, the distance to the Fire Department Connection may be increased
to 500 feet.
Michael Yee
September 19, 2018
Page 9
5) For buildings with an approved automatic sprinkler system, the minimum water supply
required may be modified.
If there are any questions regarding these requirements,please contact the Fire Prevention
Bureau at (808) 932-2911.
Off-2-
DARREN J. ROSARIO
Fire Chief
KV:ds
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DAVID Y.IGE E o ti BRUCE S.ANDERSON PhD.'
GOVERNOR OF HAWAII P 4h,_ •DIRECTOR OF HEALTH - f
•
ia.
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: September 12, 2018
TO: Mr. Michael Yee -1-3
Planning Director, County of Hawaii
FROM: Eric Hondafrim M1; CD
District Environmental Health Program Chief --
SUBJECT: Amendment to Change of Zone Ordinance No. 97 13 (REZ 843)
Applicant: Nelson and Susan Fukuhara
Request: Amendment to Condition C
TMK: 2-2-023:012
The Health Department found no environmental health concerns with regulatory implications in
the submittals.
t
14 f
poi- 20476}
SidneyFuke, € ning Consultant
. xl^dx •Planning Variance•Zoning
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 dig ��`T ? „ g'
Telephone: (808)969-1522 • Fax (808)969-7996 2 P11 [ �Subdivision•Land Use Permits
E-mail:sidfuke@hawaiiantel.net •Environmental Reports
October 22, 2018 ()DUN
Mr. Michael Yee,Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yee:
Subject: Rezoning Time Extension Request (Ord. No. 97-013,REZ 843)
Nelson and Susan Fukuhara
Waiakea, South Hilo,llawaiI,TM1C: 2-2-023: 012
This is in response to the Department of Water Supply's ("DWS")memo, dated
October 5, 2018,relating to the subject application. While County water is available
from either Kino'ole Street or Kamana Street,pursuant to the DWS' requirement, please
be informed that:
1. The applicant will develop an anticipated maximum daily water use
calculation by a Hawaii-licensed engineer and submit it to the Department
of Water Supply. This will then help determine the projected number of
required water units so that the appropriate water commitments can be
determined and paid for by the applicant.
2. Appropriate construction plans will be developed in conjunction with the
building permit process. During the construction phase of this project;the
required backflow preventer, meter(s), and related off-site improvements
will be made.
I trust that the comments noted herein fully address the comments of the DWS. If
not or if there are further questions/comments on this matter,please feel free to contact
me. Thank you very much.
Sincerely,
41\1\.)
S NEY M. FUKE
Planning Consultant
Copy—Mr.Nelson Fukuhara via email
_.....:„ ' Er)
Nanning opt® 2 2 2018
X i i : 121270
RT:
RFulaiharaAmendREZ.jwd 11/23/18
COUNTY OF.IIAWAPI PLANNING DEPARTMENT
RECOMMENDATION
NELSON AND SUSAN FUKUHARA
AMENDMENT TO CONDITION C
CHANGE OF ZONE ORDINANCE NO. 97 13 (REZ 843)
Upon review of the request, the Planning Director recommends that a favorable
recommendation of the request to amend Condition C (complete constriction) of Change of
Zone Ordinance No. 97 13 be forwarded to the County Council, as well as for the requests for an
amendment to Condition B (water requirements) and the retention of an administrative time
extension (Condition H.). Since this recommendation is made without the benefit of public
testimony, the Director reserves the right to modify and/or alter this position based upon
additional information presented at the public hearing. This favorable recommendation is based
on the following findings:
The applicants are requesting a 5-year time extension to comply with Condition C
of Change of Zone Ordinance No. 97 13, which states:
"Construction of the proposed commercial development shall be completed
within five (5) years from the effective date of this ordinance. Prior to the start of
construction, Final Plan Approval for the proposed commercial development and
related improvements shall be secured from the Planning Director. Plans shall
identify structures, fire protection measures, paved parking stalls and paved
driveway and other improvements associated with the proposed use. 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."
This condition required that construction of the proposed commercial development be
completed by February 20, 2002. The applicants are requesting a 5-year time extension
from the date of approval of this proposed amendment to complete construction of a
4,000-square foot single-story structure for retail/office use and related improvements,
which was the same project proposed originally.
Additionally, the applicants are requesting an amendment to Condition B (time to
secure water) to read as follows:
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"The applicants, its successors, or assigns shall provide the maximum daily water
usage calculations prepared by a professional engineer licensed in the State of
Hawai`i, and a water commitment deposit in accordance with the "Water
Commitment Guidelines Policy" shall be submitted to the Department of Water
Supply prior to the submittal of plans for Plan Approval review by the Planning
Department. Based upon the calculations, if required, the applicants shall install a
larger or additional service lateral or meter, and remit the prevailing facilities
charge to the Department of Water Supply. The applicants are responsible for
maintaining valid water commitments to support the proposed development until
such time that required water facilities charges are paid in full."
Lastly, the applicants are requesting that the initial administrative time extension
condition (current Condition H) be retained as part of the amendment request.
• The Director is supportive of the proposed amendments to Conditions B & C and
supports the applicants' request to retain the administrative time extension condition
since it is possible it may take more than five years to secure and finalize permits,
construction plans, and complete construction of the proposed development.
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns, and that
are not the result or their fault or negligence. The applicants have been unable to
proceed with construction of the project due to various unforeseen circumstances,
including financial difficulties, based on the global economic recession. They are
committed to completing the construction of a retail/office building, which will help
accommodate the relocation of their current office from Waianuenue Avenue to the new
proposed office. The applicants purchased the property from the previous applicants just
before the original ordinance was approved and remain committed to completing the
commercial development as evidenced by their continued ownership of the property for
over 20 years. Thus, the non-performance is the result of conditions that could not have
been foreseen and were beyond the control of the applicants.
Approval of this request is not be contrary to the General Plan or Zoning
Code nor with the original reasons for granting the Change of Zone. There have not
been any significant changes to the General Plan for this area since the change of zone
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was approved in 1997. At that time the General Plan LUPAG Map designation for the
property was the same that it is today, High Density Urban. This designation allows for
• general commercial, multiple family residential (up to a density of 87 units per acre) and
related services, thus the current General Commercial (CG) zoning is consistent with the
General Plan designation.
Additionally, the proposed commercial development is still consistent with the
permitted uses allowed under the General Commercial (CG) zoning district in the Zoning
Code.
• Lastly, the reasons for granting the original change of zone have not changed.
The applicants still proposed to construct a 4,000-square foot single-story structure for
retail/office use and related improvements to help accommodate the relocation of their
current office from Waianuenue Avenue to the new proposed office, which is the same
development proposed when the original rezoning request was approved.
The Department of Public Works (DPW) provided comments to the original
change of zone request. DPW recommended that access to the subject property be
limited to Kamana Street and be prohibited from Kino`ole Street. They commented that
improvements along the frontage of Kamana Street shall include construction of
commercial standard concrete curb, gutter and sidewalk along with pavement widening
and transition. Additionally, DPW recommended to eliminate the grass planting strip and
provide full width commercial standard concrete sidewalk along the Kino`ole Street
frontage. This requirement was also conditioned as part of the change of zone approval
directly north across Kamana Street for Change of Zone Ordinance 09 166.
This favorable recommendation is made with the understanding that,the
applicants remain responsible for complying with all other applicable governmental
requirements in connection with uses permitted within the General Commercial zoning
district,prior to its commencement or establishment upon the subject property.
Additional governmental requirements may include the issuance of building permits,
compliance with the Fire Code, installation of improvements required by the American
with Disabilities Act (ADA), among many others. Compliance with all applicable
ove t
g rumen al requirements is a condition of this favorable recommendation; failure to •
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comply with such requirements will be considered a violation that may result in
enforcement action by the Planning Department and/or the affected agencies.
Based on the above findings, the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Ordinance No. 97 13. In
addition, the Planning Director recommends that existing conditions in the ordinance be revised
to reflect the current standard language for conditions of approval. The accompanying draft bill.
to amend Ordinance No. 97 13 is provided for your favorable consideration. Please note the
proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and
struck-through; new material is underscored.
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• I1gh!....
COUNTY OF HAWAPI Nftigkm STATE OF HAWAI6I
''�.�TE•OFN P'�
BILL NO.
ORDINANCE NO. ��
(P/AxiA)/A/
AN ORDINANCE AMENDING ORDINANCE NO. 97 13, WHICH.RECLASSIFIED LANDS
FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO GENERAL
COMMERCIAL—20,000 SQUARE FEET (CG-20) AT WAIAKEA, SOUTH HILO,
HAWAI`I, COVERED BY TAX MAP KEY: 2-2-023:012.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 1 and Section 2 of Ordinance No. 97 13 is amended as follows:
"SECTION 1. [. , • ' Section 25-8-3, Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2016 Edition as amended), is amended to change the
1
district classification of property described hereinafter as follows:
The district classification,of the following area situated at Waiakea, South Hilo,
•
Hawaii, shall be General Commercial—20,000 square feet (CG-20):
Beginning at the westerly corner of this parcel of land and
on the northeasterly side of
Kinoole Street, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "HALAI" being 2,706.52 feet South and 6,155.80 feet East and
running by azimuths measured clockwise from True South:
1. Following along a curve to the right having a radius of 20.00 feet, the chord
azimuth and distance being:
193° 10' 28.28 feet;
2. 238° 10' 150.00 feet along the southeast side of Kamana
Street;
3. 328° 10' 125.00 feet along Lot 10, Block 82 of Waiakea
Houselots, 2nd Series;
4. 58° 10' 170.00 feet along Lot 12, Block 82 of Waiakea
5. 148° 10' 105.00 feet along northeasterly side of Kinoole
Street to the point of beginning and
containing an area of 21,164 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 folio v:ing:]
In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 Edition, as amended), the
County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public health,
•
safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
INSERT CONDITIONS
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 3. [In the event that any portion of this ordinance is declared invalid, such
• • - • - - -- •• . . --• • .] Severability. If any provision of this
ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity
does not affect other provisions or applications of the ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this ordinance are
severable.
•
•
SECTION 4. This ordinance shall take effect upon its approval. •
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
,
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
•
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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 GENERAL COMMERCIAL (CG-20) AT WAIAKEA,
SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 2-2--23:12 NOVEMBER 12, 1996
EXHIBIT "A" FOR REFERENCE ONLY (,OIMIE)
C -z6 ' ,
•
• FuktdiaraAmendREZ.jwd 11/23/18 •
NELSON AND SUSAN FUKUHARA
AMEND CHANGE OF ZONE ORDINANCE NO. 97 13 (REZ 843)
CONDITIONS OF APPROVAL
[A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicant(s) shall submit daily water usage calculations and the required
- - - D--- -- - -s or .. • -
this ordinance.
C. Constriction of the proposed commercial development shall be completed within
construction,Final Plan Approval for the proposed commercial development and
- - - . .• -
driveway and other improvements associated with the proposed use. Plans shall
include landscaping along property boundaries, for the purpose of mitigating any
intersection.
D. Driveway access to the subject property from Kamana Street shall meet with the
approval of the Department of Public Works. No access shall be permitted from
Kino`ole Street. Kamana Street shall be provided along the entire frontage of the
property, with the exception of access points, with commercial standard concrete
curb, gutter and sidewalk along with pavement widening and transition, meeting
with the approval of the Department of Public Works, prior to the issuance of
certificate of occupancy for the proposed commercial development.
•
applicant shall submit a final status report, in writing, to the Planning Director.
G. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
ordinance may be granted by the Planning Director upon the following
circumstances:
- - -
foreseen or are beyond the control of the applicants, successors or assigns,
and that are not the result of their fault or negligence. •
?. 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.
originally granted for performance (i.e., a condition to be performed
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director shall initiate rezoning of the area to its original or more
appropriate designation.]
A. The applicants, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants, its successors, or assigns shall provide the maximum daily water
usage calculations prepared by a professional engineer licensed in the State of
Hawai`i, and a water commitment deposit in accordance with the "Water
Commitment Guidelines Policy" shall be submitted to the Department of Water
Supply prior to the submittal of plans for Plan Approval review by the Planning
Department. Based upon the calculations, if required, the applicants shall install a
larger or additional service lateral or meter, and remit the prevailing facilities
charge to the Department of Water Supply. The applicants are responsible for
-2-
•
'maintaining valid water commitments to support the proposed development until
such time that required water facilities charges are paid in full.
C. Construction of the proposed commercial development shall be completed within
five (5) years from the effective date of this amended ordinance. Prior to the start
of construction, Final Plan Approval for the proposed commercial development
and related improvements shall be secured from the Planning Director. Plans
shall identify structures, fire protection measures, paved parking stalls and paved
driveway and other improvements associated with the proposed use. Landscaping
shall also be indicated on the plans for the purpose of mitigating any adverse
noise or visual impacts to adjacent properties in accordance with the requirements
of Planning Department's Rule 17 (Landscaping Requirements), Chapter 25
(Zoning Code), Hawar i County Code.
D. Driveway access to the subject property from Kamana Street shall meet with the
approval of the Department of Public Works. No access shall be permitted from
Kino`ole Street. The proposed development driveway shall be located away from
the intersection. The applicants shall provide improvements to the project's
frontage along Kamana Street consisting of,but not limited to, pavement
widening with concrete curb, gutter and sidewalk, drainage improvements"and
any required utility relocation, meeting with the approval of the Department of
Public Works, prior to Certificate of Occupancy for the proposed commercial,
development.
• E. The applicants shall provide full width concrete sidewalks along the property's
entire Kino`ole Street frontage (replace the existing planter area with concrete),
meeting with the approval of the Department of Public Works, prior to Certificate
of Occupancy for the proposed commercial development.
F.. Should the applicants, successors or assigns develop a land use which the
Planning Department, in consultation with the Department of Public Works,
determines will generate over 50 peak hour trips, a Traffic Impact Analysis
Report (TIAR) shall be submitted for review and approval by the Department of
Public Works prior to Final Plan Approval. The applicants shall implement, when
-3-
•
required by the Department of Public Works, at no cost to the County, any
transportation system improvements to Kino`ole Street and/or Kamana Street that
may be deemed necessary by the Department of Public Works.
G. The project shall connect to the existing County sewerline prior to the issuance of
a Certificate of Occupancy for proposed commercial development. The
applicants shall conduct a sewer study in accordance with the applicable
wastewater design standards prior to approval to connect to the County sewer
system. The applicants shall provide such sewer line or other facility
improvements as the Director of the Department of Environmental Management
may reasonably require, which the sewer study may indicate are advisable for
mitigation of impacts of the proposed project.
H. In the unlikely event that surface or subsurface historic resources, including
human skeletal remains, structural remains (e.g. rock walls, terraces, platforms,
etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes
are identified during the demolition and/or construction work, cease work in the
immediate vicinity of the find, protect the find from additional disturbance and
contact the State Historic Preservation Division at (808) 933-7651. Subsequent
work shall proceed upon an archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair share contribution shall become
due and payable prior to receipt of Final Plan. The fair share contribution for
each lot shall be based on the actual number of residential units developed. The
fair share contribution in a form of cash, land, facilities or any combination
thereof shall be determined by the County Council. The fair share contribution
may be adjusted annually beginning three years after the effective date of the
amendment to the ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HCPI). The fair share contribution shall have a maximum
combined value of$9,195.34 per multiple family residential unit ($14,329.89 per
-4 •
-
• single family residential unit). The total amount shall be determined by the actual •
number of units according to the calculation and payment provisions set forth in
this condition. The fair share contribution per multiple-family residential unit
(single family residential unit) shall be allocated as follows:
1. $4,535.80 per multiple family residential unit ($6,910.13 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $143.36 per multiple family residential unit ($333.35 per single family
residential unit) to the County to support police facilities;
3. $440.97 per multiple family residential unit ($658.40 per single family
residential unit) to the County to support fire facilities;
4. $196.54 per multiple family residential unit ($288.25 per single family
residential unit) to the County to support solid waste facilities;
5. , $3,878.67 per multiple family residential unit ($6,139.77 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
J. 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.
K. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawai`i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Plan Approval.
-5-
L. The applicants shall comply with all County, State and Federal laws, rules,
regulations and requirements.
M. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. Non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns,
• and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the general plan
or zoning code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the applicants should require an additional extension of time, the
Planning Department shall submit the applicants' request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director shall initiate rezoning of the area to its original or more
appropriate designation.
-6-
NELSON AND SUSAN FUKUHARA
AMENDMENTS TO CONDITIONS
OF
CHANGE OF ZONE ORDINANCE NO. 97 13 (REZ 843)
rz
The applicants are requesting:
• A 5-year time extension to comply with Condition C (time to
complete construction) of Change of Zone Ordinance No. 97 13;
• An amendment to change the condition language for Condition B
(time to secure water); and
• That the administrative time extension condition (current
Condition H) be retained as part of the amendment request.
Reasons for the Request:
• The applicants have been unable to proceed with construction of
the project due to various unforeseen circumstances, including
financial difficulties, based on the global economic recession.
• They are committed to completing the construction of a
retail/office building, which will help accommodate with the
relocation of their current office from Waianuenue Avenue to the
new proposed office.
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Planning Director 's
Recommendation
Favorable Recommendation With Conditions
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
DECEMBER 6, 2018
A regularly advertised
hearing on the application of NELSON AND SUSAN FUKUHARA
(AMEND REZ 843) was called to order at 9:17 a.m. in the Countyof Hawai`i Aupuni Center
p
Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Joseph Clarkson presiding.
COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph,Clarkson, Donald Ikeda, Thomas
Raffipiy, John Replogle.
ABSENT &EXCUSED: Donn Dela Cruz.
ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy_;Corporation Counsel
for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Christian
Kay(Planner), Melissa Dacayanan(Planning Commission Support Technician), and Sarah
Hata-Finley(Commission Secretary)
And 4 members from the public in attendance
APPLICANT: NELSON AND SUSAN`FUKUHARA (AMEND REZ 843)
Application for a 5-year time extension to comply with Condition No. 2 (Complete Construction)
of Ordinance No. 97 13,_which changed the zoning of 21,164 square feet of land from the
Single-Family Residential-10,000 square foot(RS-10) zoning district to the General
Commercial-20,000 square foot (CG=20) zoning district in 1997. The subject property is located
on the southeast-side_of the Kino'ole Street-Kamana Street intersection, Waiakea, South Hilo,
Hawai`i, TMK: (3) 2-2-023:012
CLARKSON: The next item on the agenda is an application from Nelson and Susan Fukuhara,
another rezone application, and Jeff, would you please proceed?
DARROW: Thank you, Mr. Chairman. Good morning, Mr. Chairman and Members of the
Planning Commission.'-If I can direct your attention to our next presentation. Our Applicants are
Nelson and Susan Fukuhara. They are requesting amendments to conditions of Change of Zone
Ordinance No. 97 13. -
The Applicants are requesting a five-year time extension to comply with Condition C which is
your standard condition to complete construction within a period of time, and this is for Change
of Zone Ordinance No. 97 13. Additionally, they are requesting a change in language to
Condition B which is our standard time to be able to secure water commitments for the proposed
project. And, lastly, they are asking that the administrative time extension condition, that's the
current Condition H,be retained as part of this amendment request.
1
The reasons for the request is that the Applicants have been unable to proceed with construction
of the project due to various unforeseen circumstances including financial difficulties based on
the global economic recession. They are committed to completing the construction of a retail
office building which will help accommodate with the relocation of their current office from
Waianuenue Avenue to the new proposed office site.
This is our County zoning and location map. This is difficult to see, but the actual proposed
subject property is in this area here. It is identified with a black outline,but because the color is
so dark, it's hard to see. This is on the corner of Kamana Street and Kino`ole Street. We'll
zoom in on it.
This is the State Land Use designation map. This identifies the zoning as State Land Use Urban.
Again, this is General Commercial zoning for the State Land Use. It's located within the High
Density General Plan Land Use Pattern Allocation Guide Map area:
Here is a submitted site plan. This was actually submitted back originally,when the Applicant
submitted. So, this shows Kamana Street moving,running on the lower portion of the map, and
Kino`ole on the right side of the map. Entrance would be off Kamana Street with the proposed
office retail building on the right side of the property-with sufficient parking on-site.
These are proposed elevations, and here is an aerial photo Again, for reference, we have
Kamana Street, and we also have Kino`ole,Street This is right.at the intersection there.
Currently, there is no structures or uses on-the property other than-some parking that's been,
being utilized on a portion of the property.
Here are some site photos. This is on Kamana Street looking towards Kino`ole Street with the
subject property on the left side of the map right over in this area. This is looking back on
Kamana Street from the intersection of Kino`ole and Kamana with the subject property across
Kamana Street And, this is at the intersection ofKino`ole and Kamana with the subject property
on the left side of the map. You'll notice that there-is improvements in this particular area with
these rails that are in place.
The Planning-Director is recommending that the Planning Commission send a favorable
recommendation to the HawaiCounty Council for the proposed amended conditions that they
are requesting. With that, I'll answer any questions you may have.
CLARKSON: Any questions for Mr. Darrow from staff? If not, would the Applicant or their
representative please come forward? Would you please raise your right hand? Do you swear or
affirm to tell the truth on this matter before the Windward Planning Commission today?
FUKE: Yes, I do.
CLARKSON: Please introduce yourself and then proceed.
FUKE: Thank you very much, Mr. Chairman and Members of the Commission. My name is
Sidney Fuke. I'm a planning consultant. My business office is right across the street. First of
2
all, I'd like to initially acknowledge the absence of the Applicant. He couldn't make it to today's
meeting. He's a friend of mine. I've reviewed the staff's proposed recommendation and the
conditions, and he has, you know, concurred with them. I think the staff's report is
comprehensive as usual so if there are any questions that the Commissioners may have, I'd be
more than happy to respond to them.
CLARKSON: Any questions about this application?
RAFFIPIY: I'm just trying to read the, the Fire Department exhibit and see if there's anything
on—maybe it's not really Fire, but it's more of Traffic. There,is;that's an intersection, it's a
lighted, it's signalized in the intersection right there, and so if you turn in right there, it's going to
be right on the right side would be the driveway into the business, right?
FUKE: Yeah, the proposed—
RAFFIPY: —So, how is the traffic addressed`ori this one?
FUKE: Yeah, so the proposed access would come off of, you know, the side street. I think it's
Lanihuli Street—
RAFFIPIY: —Kamana—
FUKE: —Yeah, Kamana, Kamana, and then not on Kino`ole Kino`ole is the heavily traffic,
north-south traffic. So,the access would be situated furthest away from that particular
intersection. All intersections would have to be approved by Department of Public Works
relative to, you know,its-location,and they have certain standards as far as like proximity from
the traffic situation. So, in this situation, you know, it's going to have to be as far away from that
traffic light to minimize conflict
RAFFIPIY Right, yeah, I understand. The entry is going to be on Kamana, but I was more
worried about traffic coming on Kino`ole, turn, either turn left onto Kamana or turn right onto
Kamana and right there the intersection—I mean, not intersection, but the driveway. So, there's
that slow down, so I just wanted to bring it up that, you know, there may be some kind of
constriction in the intersection right there when, you know, when people try to turn in or yeah
turn into that facility, the new proposed facility.
FUKE: Yeah, fortunately, like Kamana Street, it's not like a heavily trafficked—you know, it's
just basically going into the elderly facilities like that. And, on Kino`ole Street, as you know, if
you're heading Hamakua direction to the north,there is a dedicated left-turn lane, so obviously,
if you're going mauka on Kamana, you know, it won't have any traffic impediment. If you're
making a right turn into the project site, you know, on Kamana, then it will be all right-turn
movements so hopefully, it won't be like a Starbucks situation right down the street over here.
RAFFIPIY: Thank you.
3
FUKE: The other factor is that it's going to be like an office use so it's not like a drive-in, you
know, where you have a steady stream of, you know, traffic coming in.
DARROW: I can speak to that question as well. In our Exhibit No. 3, we included not only the
current memorandum from Department of Public Works, but we also included the original
memorandum, and item no. 6 addressed the issue of access, and at the end of the paragraph, it
states that the proposed development driveway shall be located away from the intersection. So,
as Mr. Fuke had stated, is that they have a certain requirement, a distance that has to be away
from the intersection for them to get approved for their driveway access for this project, and it
appears on the map that with the radius, they have it almost as far as it can go and meet the
requirements for the access on Kamana Street. But, again, they're gonna push it as far away
from the intersection as they can.
RAFFIPIY: Thank you.
CLARKSON: Are there any further questions for the Applicant's representative from the
Commission? If not, thank you. There being no persons from the public=wishing to testify on
this application, the Chair will ask for a motion to close public testimony.
REPLOGLE: I move that we close public testimony.
IKEDA: Second.
CLARKSON: It's been moved and seconded that public testimony be closed. All those in
favor?
COMMISSIONERS: Aye.
CLARKSON: Opposed? Ayes have it. Public testimony is closed. At this time, the Chair will
ask for a motion for action on this matter.
REPLOGLE:
REPLOGLE:''Imove that a favorable recommendation be forwarded to the County Council on
the request to amend zone, Change of Zone Ordinance No. 97-13 based on the Planning
Director's recommendation and proposed amended [sic] conditions which shall be adopted.
IKEDA: Second.
CLARKSON: It's been moved and seconded that a favorable recommendation be forwarded to
the Council. If there is no further discussion on this matter, then I'll ask Mr. Darrow to poll the
Commission.
DARROW: Thank you, Mr. Chairman. With that, we'll take the roll call. Commissioner
Replogle?
REPLOGLE: Aye.
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DARROW: Commissioner Ikeda?
IKEDA: Aye.
DARROW: Commissioner Aguinaldo?
AGUINALDO: Aye.
DARROW: Commissioner Raffipiy?
RAFFIPIY: Aye.
DARROW: And Chair Clarkson.
CLARKSON: Aye.
DARROW: The motion passes five to zero Thank you.
CLARKSON: You will be notified in writing very soon
The discussion ended at 9:29 a.m. -
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
Windward Planning Commission
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