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HomeMy WebLinkAboutCOM 0545.000 2018-2020 Wil®kabe Managing Director Harry Kim Mayor , o^ Barbara J.Kossow �r'' '+�"°• ��� Deputy Managing Director ,rff°OF°N►'� Ga1 nfv laf(ufunil (offtrr of f4P nvor 25 Aupuni Street,Suite 2603 e Hilo,Hawaii 96720 • (808)961-8211 + Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 Fax(808)323-4440 October 10 2019 C- .7 Aaron S. Y. Chung, Council Chair and Members of the County Council County of Hawaii '. 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 09-090A (REZ 09-000090) Applicant: Dr. Trevor Rodrigues Request: Time Extension to Condition D (Time to Complete Construction) and F (Dedicate Future Road-Widening Setback) Tax Map Key: 2-2-050:043 As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced requests. Sincerely, HARRY KIM Mayor MTransCounc ilRodriguesREZ09-090 Enclosures cc: Planning Department Comm. No. 15 W9 Ref. To: County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Dote OT{ �q-4 OF f'q o Harry Kim Joseph Clarkson, Chair v v Mayor Thomas RaFfipiy, Vice Chair Gilbert Aguinaldo Wil Okabe _ Dean Au Managing Director Donn Dela Cruz Orf crF•H�'� John Replogle County of Ha ai`i WINDWARD PLANNING COMMISSION Aupuni Center - 101 Pauahi Street,Suite 3 - Hilo,Hawaii 96720 Phone(808)961-8288 - Fax(808)961-8742 T - ?6,f Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 09-090A (REZ 09-000090) Applicant: Dr. Trevor Rodrigues Request: Time Extension to Condition D (Time to Complete Construction) and F (Dedicate Future Road-Widening Setback) Tax Map Key: 2-2-050:043 The Windward Planning Commission, at its duly held public hearing on October 3, 2019, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 09-09A. The subject property is located along the north side of East Kawili Street at the corner of Laukapu Street and across the street from Central Supply, Waiakea Houselots, Waiakea, South Hilo, Hawaii. The applicant,Dr. Trevor Rodrigues,has submitted an application to amend two(2) conditions of Change of Zone Ordinance No. 09-90A, which was originally approved on September 2,2009, and reclassified approximately 45,800 square feet of land from a Single- Family Residential-10,000 square feet (RS-10) to an Industrial-Commercial Mixed 20,000 sq. ft. (MCX-20) zoning district. The applicant is requesting amendments to the following conditions: ■ Five (5)-Year Time Extension for Condition D (Time to Complete Construction) ■ Five (5)-Year Time Extension for Condition F (Future Road Widening) rwv��;I��t7!a���dr,1'Icry V.c om Hawai'i County is an Fqual Opportunity Provider and Employer til<xruonu g,( Ina Qreoa(w- xrai Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 2 The applicant proposes to construct a veterinary clinic, as well as two (2) other buildings for commercial office and warehouse space in the future. The Final Plan Approval indicates a 6,43 8 sq. ft.building with 25 parking stalls for the veterinary clinic.The applicant is requesting condition amendments to accommodate longer than expected Building Permit and Plan Approval process times, and the passing of the"end construction"deadline of July 22, 2019. 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 of their fault or negligence. The applicant had retained the services of appropriate design professionals, and preliminary plans were developed shortly after the rezoning was approved in 2009. However, the heavy demands of the applicant's medical practice required more attention and time than the proposed development.At the same time, the applicant was still seeking various means to finance the project. After securing the retroactive administrative 5-year time extension in 2016, the applicant had only three (3) years to complete the project.The applicant prepared plans for Final Plan Approval and then worked to finalize construction plans to be submitted for a Building Permit. The permitting process took longer than anticipated, and although a contractor was selected and financing was put in place for the project,construction was put on hold as it would not be completed by the "end construction" deadline of July 22, 2019. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone under Ordinance No. 09-90A(REZ-09-000090)has not changed,and Final Plan Approval has been granted for the proposed use. The applicant is seeking additional time to complete construction of the proposed project and to dedicate the 10-foot future road widening strip fronting Laukapu Street due to the time required to obtain necessary pen-nits and approvals, and because the "end construction" deadline has passed. The applicant secured Final Plan Approval on September 25, 2017, and after approximately a year of processing time, the applicant obtained an approved Building Permit on October 28, 2018. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Staff notes that 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. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 3 The current zoning (Industrial-Commercial Mixed-Use; MCX-20) continues to be consistent with the General Plan's Land Use Pattern Allocation Guide(LUPAG)map,which defines the subject parcel and its immediate surrounding area as Industrial(ind).The purpose of the Industrial-Commercial Mixed-Use zoning district is "to allow mixing of some industrial uses with commercial uses" The amendment requests continue to conform to the goals,policies and standards of the General Plan in that the proposed development will be established in an area adequately served by necessary services such as water,utilities and transportation systems.The land uses in the immediate area are a mixture of a few single-family residences with predominant commercial and industrial uses.While the requested use would be consistent with the design and scale of the immediate area, the proposed use may still generate some impacts to the nearby residential uses.To that end the applicant has designed the proposed development to mitigate these issues by the thoughtful placement of buildings,parking areas, lighting, and landscaping. The proposed amendments continue to be consistent with the following goals, policies, and actions of the General Plan: ECONOMIC ELEMENT • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii; • 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; and • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. This request would provide opportunities for a veterinarian clinic to re-establish itself in an area that is already serviced by a good transportation system and infrastructure. Further,the project site is located in proximity to a number of similar sized commercial and businesses entities, such that the project aligns with the overall character of the area. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 4 LAND USE—COMMERCIAL • Provide for commercial developments that maximize convenience to its users; • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • 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. The proposed use is compatible to the existing an evolving commercial and light industrial uses in this area.As the site is already serviced by adequate infrastructure,including County sewer and water lines, this project should not require the addition or expansion of public services. The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP), adopted in 1975, suggests single-family residential uses in this area, however, this area is transitioning to higher-density commercial/light industrial type uses. The proposed time extension to Ordinance No. 09-90 would allow for the establishment of a relevant commercial use that would be in-line with the commercial developments in the area. The property is 45,800 square feet in size and is rectangular in shape and is approximately 200 feet by 229 feet in size. There are presently five (5)rental units on site, and these units will continue to be rented until the applicant is ready to start construction; a minimum of six-month's notice will be given to tenants to vacate. The remainder of the property includes common landscaping(i.e.,grass and small shrubs),as well as unimproved driveways to the rental structures. To the north and sharing a property boundary is a Limited-Industrial(ML-20)zoned property that is entirely developed with a large commercial building that houses several businesses, such as Apria Healthcare and Sweet Thunder Products (Fusion Sushi). Across Kawili Street lies more Limited-Industrial(ML-20)zoned properties that contain commercial and light industrial uses such as car repair, car rentals, and the Farm Supply Cooperative. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 5 Directly east of the subject property is a group of Single-Family Residential (RS-10)zoned properties that contain residential structures, while to the west along Laukapu Street are properties zoned Industrial-Commercial Mixed (MCX-20) and contain businesses such as Central Supply Company. According to the Final Plan Approval for the proposed development, access to the property shall be via both East Kawili Street and Laukapu Street. However, according to Condition E of Ordinance No. 09-090A,"Access to the project site shall be limited to right- turn in, right-turn out movements at [East] Kawili Street and full movements at Laukapu Street and shall meet with the approval of the Department of Public Works. Should there be future road improvements at[East] Kawili Street, such as a dedicated turn lane fronting the subject site that can reasonably and safely accommodate left turn movements, left turn movements may be permitted by the Department of Public Works.All driveway connections to [East] Kawili Street and Laukapu Street shall conform to Chapter 22 of the Hawaii County Code." County water for the subject parcel is either available from an 8-inch line fronting East Kawili Street or Laukapu Street, which was determined to be sufficient to J address fire flow requirements. i The property has no severe geological or topographical problems which cannot be 1 rectified, or which would render the land unusable. The project site is located within Zone "X", which is an area of minimal flood hazard. The parcel is also located outside the Tsunami Evacuation Zone. According to DPW, all development-related runoff shall be disposed of on site and shall not be directed toward any adjacent properties. l No professional floral or faunal surveys were conducted of the site due to the history of the property being used for residential purposes. The request is not contrary to Chapter 205A,Hawaii Revised Statues,relating to Coastal Zone Management. The project site is not proximate to the shoreline and is situated outside of the SMA. There is no record of any designated public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural,historical or natural resources exist on the property, and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus,it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved amendment,prior to its commencement or establishmentupon the subject Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 6 1 property. Additional governmental requirements may include the issuance of building permits,the installation of approved wastewater disposal systems,compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), compliance with SHPD requirements, among others. Compliance with all applicable governmental requirements is a condition of this approval; 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. Based on the above findings,the Planning Director recommends that a favorable I recommendation be forwarded to the County Council to amend Ordinance No. 09- 090A. 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. 09-090A 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. Staff notes that the Windward Planning Commission, at their October 3, 2019 meeting, moved to amend Conditions D, F, P and Q of Change of Zone Ordinance No. 09- 090A to remove timing constraints for project development. 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 will be provided under separate cover. Sincerely, Joseph B. B.Clalrksonned by Joseph Clarkson Date 2019.10.09 09:23:24-10'00' Joseph Clarkson, Chairman Windward Planning Commission 1,RodriguesAmendREZ09-090wpc2 Enclosures cc: Sidney Fuke, Planning Consultant Dr. Trevor R. Rodrigues Department of Public Works Department of Water Supply Ronald Kim, Esq., Corporation Counsel BDrTrevorRodriguesAmendREZ.ajr.9.08.19 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DR. TREVOR RODRIGUES AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09-090A (REZ 09-000090) DR. TREVOR RODRIGUES has submitted an application for a time extension request for Condition D (Time to Complete Construction) and Condition F (Future Road-Widening) of Ordinance No. 09-090A,which reclassified approximately 45,800 square feet of land from a Single- Family Residential-10,000 square feet(RS-10)to an Industrial-Commercial Mixed Use(MCX-20) zoning district in 2009. The subject property is located along the north side of East Kdwili Street at the comer of Laukapu Street and across the street from Central Supply, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-050:043. APPLICANT'S REQUESTS AND REASONS 1. Applicant's Requests: The applicant is requesting amendments to the following conditions of Ordinance No. 09-090A: ■ Five (5)-Year Time Extension for Condition D (Time to Complete Construction) ■ Five (5)-Year Time Extension for Condition F (Future Road Widening) 2. Applicant's Reasons for the Requests: The applicant had retained the services of appropriate design professionals, and preliminary plans were developed shortly after the rezoning was approved in 2009. However, the heavy demands of the applicant's medical practice required more attention and time than the proposed development. At the same time, the applicant was still seeking various means to finance the project. After securing the retroactive administrative 5-year time extension in 2016, the applicant had only three (3) years to complete the project.The applicant prepared plans for Final Plan Approval and then worked to finalize construction plans that were submitted for a Building Permit. The permitting process took longer than anticipated, and although a contractor was selected and financing was put in place for the project, construction was put on hold as it would not be completed by the "end construction" deadline of July 22, 2019. 3. Current Proposed Plan:The applicant is proposing to relocate its veterinarian clinic(Aloha Veterinarian Center)currently located on Holomua Street to the subject site.The applicant's -1- current clinic is on leased land and therefore they wish to relocate the clinic to land owned by the applicant.The applicant proposes to construct a veterinary clinic, as well as two(2)other buildings for commercial office and warehouse space in the future.The Final Plan Approval indicates a 6,438 sq. ft. building with 25 parking stalls for the veterinary clinic. 4. Landowner: Dr. Trevor Rodrigues 5 Supportive Information:The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1-Application for Time Extension and Amendments to Ordinance No. 09-090A dated July 29, 2019) CHRONOLOGY OF LAND USE PERMITTING 6. September 2,2009: Effective date of Change of Zone Ordinance No.09-090A,approved by the County Council to change the zoning of TMK: (3) 2-2-050:043 from a Single-Family Residential-10,000 square feet (RS-10) to an Industrial-Commercial Mixed 20,000 sq. ft. (MCX-20)zoning district in order to relocate an existing veterinarian clinic to the property. (Planning Department Exhibit 2 - Ordinance No. 09-090A) 7. September 16,2016:Application for retroactive time extension request for Condition D&F on Ordinance No. 09-090A. Request submitted by the applicant for a five (5) year time extension, retroactive from the original July 22, 2014 end construction deadline. 8. September 26, 2016: The Planning Director granted an administrative time extension to Conditions D&F,retroactive to the initial July 22, 2014"finalize construction"deadline; a new deadline of July 22, 2019 to finalize construction was set. 9. September 25,2017: Final Plan Approval for a 6,438 sq. ft.building with 25 parking stalls was secured by the applicant (PLA-17-001431). 10. October 23, 2018: Building permit issued to the applicant for the proposed project (BH2018-01592). STATE AND COUNTY PLANS 11. State Land Use Designation: Urban. 12. General Plan Land Use Pattern Allocation Guide(LUPAG)Map:Industrial(ind).These areas include uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light-industrial and industrial-commercial uses. -2- 13. Milo Community Development Plan(CDP):The Hilo CDP, adopted by Resolution No. 1 on May 21, 1975, identifies the area as Single-Family Residential-10,000 sq. ft. (RS-10). 14. County Zoning: Industrial-Commercial Mixed(MCX-20).According to the Zoning Code, the Industrial-Commercial Mixed(MCX-20) district is intended to promote and maintain a viable mix of light industrial and commercial uses. 15. Special Management Area (SMA): The SMA is a part of the Coastal Zone Management Program regulated by the County. The property is not within the County's Special Management Area (SMA) and is located approximately 2,600 feet from the nearest SMA boundary and approximately 6,000 feet from the nearest shoreline. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 16. Project Site: The subject square-shaped property is situated along the north side of East Kawili Street at the corner of Laukapu Street and across the street from Central Supply; the property is approximately 45,800 square feet in size. Currently the property has three (3) residential structures that are being used as five(5)rental units.There is a gravel entrance on to the property from both East Kawili Street and from Laukapu Street. The remaining portions of the property are heavily vegetated or landscaped. 17. Surrounding Zoning and Land Uses: To the north and sharing a property boundary is a Limited-Industrial (ML-20) zoned property that is entirely developed with a large commercial building that houses several businesses, such as Apria Healthcare and Sweet Thunder Products (Fusion Sushi). Across East Kawili Street are more Limited-Industrial (ML-20) zoned properties that contain commercial and light industrial uses such as car repair, car rentals,and the Farm Supply Cooperative.Directly east of the subject property is a group of Single-Family Residential (RS-10) zoned properties that contain residential structures,and to the west along Laukapu Street are properties zoned Industrial-Commercial Mixed (MCX-20) and contain businesses such as Central Supply Company. 18. FEMA Flood Insurance Rate Map (FIRM): Zone X (area of minimal flood hazard determined to be outside of the Special Flood Hazard Area). 19. Archaeological/Historical Resources: As the site is fully developed with residential uses, no professional surveys were conducted. The applicant has stated that should any archeological features or sites be discovered, work will immediately cease and the State -3- Historic Preservation Division (SHPD) shall be contacted. SHPD has reviewed the site during the application for a grading permit by the applicant. SHPD stated that "based on available information, SHPD's determination is no historic properties affected for the current project." (Planning Department Exhibit 3—Letter dated August 9, 2018) PUBLIC UTILITIES AND SERVICES 20. Access: According to the Final Plan Approval for the proposed development, access to the property shall be via both East Kawili Street and Laukapu Street. However, according to Condition E of Ordinance No. 09-090A,"Access to the project site shall be limited to right- turn in,right-turn out movements at East Kawili Street and full movements at Laukapu Street and shall meet with the approval of the Department of Public Works. Should there be future road improvements at East Kawili Street, such as a dedicated turn lane fronting the subject site that can reasonably and safely accommodate left turn movements, left turn movements may be permitted by the Department of Public Works. All driveway connections to East Kawili Street and Laukapu Street shall conform to Chapter 22 of the Hawai'i County Code". 21. Traffic: According to the applicant,the proposed veterinarian clinic, with an area of 6,438 sq. ft., should not exceed the threshold to require a Traffic Impact Analysis Report(TIAR)— primarily due to the nature of the business, which is appointment generated. Based on the .Institute of Traffic Engineering manual, the AM/PM trip generation for office use is 1.49 trips per 1,000 square feet. For a maximum 7,000 sq. ft. office building, the projected movements would be 10.43 trips or less than ten(10) movements during the AM/PM peak hours. Thus it appears this projected use does not reach the TIAR threshold. 22. Water: County water is available to the site.According to Rezone Ordinance No. 09-090A, Condition B: "Prior to the issuance of a water commitment by the Department of Water Supply (DWS) the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the `Water Commitment Guidelines Policy' to DWS within 180 days from the effective date of this ordinance". Per letter dated September 13, 2019, the DWS states: The Department requests that the applicant submit updated estimated maximum daily water usage calculations for the proposed uses,prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include -4- estimated peak flow in gallons per minute and the total estimated maximum daily water usage in gallons per day.After review of the calculations,the Department will determine the appropriate service lateral and meter-sized required". Additionally, Condition C of Ordinance No. 09-090A states: "the applicant shall install a reduced pressure type backflow prevention assembly within five (5) feet of the water meter on private property, to be inspected and approved by DWS". 23. Wastewater:The property's wastewater system will be connected to the County Sewer line in this area. 24. Solid Waste: According to Condition L of Rezone Ordinance No. 09-090A, the applicant was to submit a Solid Waste Management Plan to the Department of Environmental Management(DEM) for review and approval prior to the issuance of Final Plan Approval. On September 11,2017 the applicant's agent submitted a Solid Waste Management Plan for the proposed project. By letter dated September 12, 2017 the DEM—Solid Waste Division took no exception to the SWMP and stated that a Notice of Authorization is required for the disposal of construction waste. However, per the Planning Department, Condition L of the Change of Zone Ordinance No. 09-090A has been satisfied. 25. Essential Utilities,Police,Fire and Medical Services:All essential utilities are available to the subject parcel. Police and fire services are available nearby. AGENCIES AND ORGANIZATIONS' COMMENTS 26. Fire Department: (Planning Department Exhibit 4—September 4, 2019 Letter) 27. Department of Water Supply: (Planning Department Exhibit 5—September 13,2019 Letter) AGENCIES -NO RESPONSE 28. Department of Public Works—Traffic;Department of Public Works—Building; State Land Use Commission. AGENCIES - NO COMMENTS/NO CONCERNS 29. Department of Public Works — Engineering Division; Department of Environmental Management; Police Department. PUBLIC COMMENTS 30. As of the date of this writing, the Planning Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -6- SidneyFuke, F ng Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•variance•Zoning Telephone:(808)969-1522 Gell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports July 29, 2019 Mr. Michael Yee, Director Planning Department r ' `= COUNTY OF HAWAII 101 Pauahi Street Hilo, 1-11 96720 ` -a Dear Mr. Yee: Subject: Time Extension Request—Dr. Trevor Rodrigues REZ 09-000090, Ord. No. 09 050 Waiakea Houselots, South Hilo, HI,TN1K: 2-2-050:043 The rezoning of the subject property, consisting of 45,800 square feet, into the Industrial-Commercial Mixed (MCY-20) district(Ord.No. 09 050) became effective on July 22,2009. (Exhibit A—Ordinance No. 09 050) The request was to allow the development of a veterinarian clinic on the subject property. Condition D required completion of the proposed development within five (5) years of the effective date of the ordinance or July 22, 2014. Similarly, Condition F required the dedication of a 10-foot wide future road widening strip along Laukapu Street also within that five (5) year window. Inasmuch as those obligations were not fulfilled, pursuant to Condition P, an administrative time extension to July 22, 2019 was sought and approved by the Planning Director in a letter, dated September 26, 2016. (Exhibit B —Time Extension Administrative Approval) Regrettably and as will be elaborated below, in spite of a concerted and diligent effort to meet that deadline, it could not be met. As such and pursuant to Condition P, on behalf of Dr. Trevor Rodrigues ("applicant"),we respectfully request an additional 5- year extension to July 22,2024 to complete construction of the project(Condition D) and dedicate the 10-foot road widening strip (Condition F). (Exhibit A) The reasons for these requests and other associated information are outlined 0 below. CL 1. NATURE OF REQUESTS In the September 16, 2016 letter requesting the administrative extension, it was ,C: noted that after the rezoning was approved,the applicant promptly retained the services of an architect and had preliminary plans developed. However, the . { demands of his practice and securing the appropriate financing resulted in the project being partially stalled. Since then, the applicant has made considerable progress and is now ready to begin construction. J,9 - --� ` i Mr. Michael Yee, Director July 29, 20198 Page 2 However,because the construction completion deadline of July 22, 2019 has passed and the required future right-of-way has not been dedicated, proceeding with the construction poses some measure of entitlement risk. As such, although the applicant has secured its construction loan and selected a contractor,there is some measure of risk if, after completion, a certificate of occupancy is denied. As such,the Applicant is requesting a five (5) year time extension to July 22, 2024 to complete construction of the project(Conditions D) and dedicate the 10- foot future road widening strip fronting Laukapu Street(Condition F). II. PROJECT LOCATION The subject site consists of 45,800 square feet and is identified by TMK: 2-2-050: 043. It is located on the southeastern corner Laukapu and Kawili Streets. (Exhibit C—Location Map) III. PROPOSED DEVELOPMENT The applicant wishes to relocate its veterinarian clinic (Aloha Veterinarian Center) located on Holomua Street to the subject site. The applicant's clinic is situated on leased land and wishes to relocate the clinic on land that it owns. Towards that goal, it secured Final Plan Approval on September 25, 2017 to construct a clinic that would consist of a six thousand four hundred thirty eight (6,438) square foot building with twenty five (25) parking stalls. (Exhibit D— Final Plan Approval). After nearly a year of processing time, a building permit for the structure (Exhibit E—Site and Elevation Plans)was finally approved on October 28, 2018 (Exhibit F—Building Permit). As noted earlier, the applicant already has the required financing and a selected a contractor. However, because construction could not be realistically completed by July 22, 2019,the applicant is debating whether to authorize construction now or wait until the requested extension has been approved. Nonetheless, the applicant realizes that an extension is needed, and that is the basis of this request. IV. REZONING CONDITIONS - Rezoning time extensions require compliance with applicable prevailing codes, particularly the concurrency provision of the Zoning Code. Further,project's compliance with the conditions of the rezoning ordinance also needs to be discussed. As such,this section addresses those requirements. E Mr. Michael Yee,Director July 29, 20198 Page 3 As noted earlier,the subject area was initially rezoned into the MCX-20 district on July 22,2009, subject to conditions. (Exhibit A). The pertinent conditions and their status follow. A. The applicant, its successors or assigns, shall be responsible for complying with all of the stated conditions of approval. The property is owned by the applicant. As such, it has and intends to continue to assume the responsibility of complying with all pertinent conditions and any amendments thereto of this rezoning ordinance. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. Because water was available,no commitment deposit was made. The civil construction plans associated with the building permit reflects the required water improvements to address matters such as fire flow,backflow preventer and related improvements. C. The applicant shall install a reduced pressure type backflow prevention assembly within five (S)feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply. This is reflected in the approved construction plans and will be done in conjunction with construction of the project and completed prior to its occupancy. D. Construction of the proposed development...shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant...shall secure Final Plan Approval... Plans shall identify...paved driveway access and parking stalls...Landscaping shall also be identified..... An additional five (5) year extension of this condition is being sought. Further, as reflected in Exhibit D, Final Plan approval was granted,which included parking, access, landscaping, and related information. Mr. Michael Yee, Director July 29,20198 Page 4 E. Access(es) to the project site shall be limited to right-turn in, right-turn out movements at Kawili Street and full movements at Laukapu Street and shall meet with the approval of the Department of Public Works... . The Final Plan Approval approved building permit site plan(Exhibit E) reflects these access parameters. F. A 10 foot wide future road-widening strip along the Laukapu Street frontage shall be subdivided and dedicated to the County of Hawaii within five (5) years from the effective date of this ordinance. This requirement has not been fulfilled, but it will be done prior to issuance of the certificate of occupancy for the proposed project. G. The applicant shall provide improvements to the project's frontage along Kawili Street and Laukapu 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. Improvements shall be located within the fixture road-widening setback. This requirement will be fulfilled prior to issuance of an occupancy permit. The approved civil plans that were part of the building permit reflect these improvements. H. The applicant shall provide a minimum 20-foot corner radius at the intersection of Kawili Street and Laukapu Street incorporating the road widening setback This is reflected in the approved site plan. (Exhibit E) 1. Streetlights and traffic control devices shall be installed as may be required by the Trak Division, Department of Public Works. The requirements of the Traffic Division were addressed, and if needed, accommodated in the approved construction plans for the project. J. All development-generated runoff shall be disposed of onsite and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of i t t Mr.Michael Yee,Director July 29,20198 Page 5 the Department of Public Works prior to receipt of a Certificate of Occupancy. The DPW-approved drainage study was submitted in conjunction with Plan Approval application. The civil plans approved by the DPW also address these requirements. The improvements will be completed prior to issuance of the Certificate of Occupancy for the project. K. The project shall connect to the existing County sewer line prior to the issuance of o Certificate of Occupancy. The required sewer connection is reflected in the approved civil plans for the project. This will be implemented prior to issuance of the Certificate of Occupancy. L. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. As noted in the OTHERS section of the Final Plan Approval, said plan was approved on September 12, 2017. (Exhibit D) M. Should any remains of historic site...be encountered, work in the area shall cease...work will proceed upon an archaeological clearance from DLNR- HPD.... This requirement will be adhered to. N. Should the Council adopt a Unified Impact Fee Ordinance...conditions included herein shall be credit towards the requirements of the Unified Impact Fees Ordinance. This is not applicable, inasmuch as such an ordinance has not been passed as of this date. O. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. This has and will continue to be complied with by the applicant and/or its construction consultants and contractors. Mr. Michael Yee,Director July 29, 2019 Page 6 P. This relates to a time extension, enabling the Planning Director to grant an initial extension. It also establishes criteria for its extension. In this case, The Planning Director in a letter, dated September 26, 2016, granted the initial extension. (Exhibit B). Pursuant to this condition, the applicant is requesting retroactive extension from July 22, 2019 plus five (5) years to address the requirements of Conditions D (project completion) and F (dedication of the 10-foot wide future road widening strip). IV. JUSTIFICATION OF REQUEST Condition P of the rezoning ordinance (Exhibit A) outlined three (3) circumstances under which 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. The applicant had retained the services of appropriate design professionals, and preliminary plans were developed shortly after the rezoning was approved. However,the heavy demands of his veterinarian work precluded a more focused attention to this project. At the same time,the applicant was still seeking various means to finance the project. Collectively,then,they project got a bit sidelined. After securing the administrative 5-year time extension in 2016, retroactive to July 22, 2014, it left the applicant with essentially only three(3) years to complete construction of the project. The applicant believed it could complete the project within the 3-year window. In so doing, it prepared plans for Final Plan Approval and secured its approval on September 25, 2017. It then finalized its construction plans and submitted plans for a building permit shortly thereafter, hoping to begin construction in early 2018. However, the permitting process took much longer than anticipated, with the permit finally being issued on October 23, 2018. Although a contractor was selected and financing in place by the end of the year, construction has been in limbo because the approximate 18-month construction period would have gone beyond the July 22, 2019 completion deadline. E Mr. Michael Yee,Director July 29,2019 Page 7 If the permit were timely issued as hoped in late 2017 or early 2018, even with the 18-month construction schedule,the project could have been completed before the July 22, 2019 deadline. Unfortunately, that was not the case. If the requested time extension is granted, the applicant will definitely be able to complete the project well within the 5-year window. 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 Nilo 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(LU-PAG)Map that defines the subject property and its immediately surrounding area for Industrial. The last 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 MCX-20. The land uses in the immediate area are a mixture of a few single-family residences with predominant commercial and industrial uses. The commercial and/or industrial uses range from auto dealership, automobile parts store, auto repair shops, commercial complex, office buildings, contractor's base yard, restaurants/eateries. As such, while the requested use would be consistent with the design and scale of the immediate area,the proposed use could still generate some impact to the few residences in this area. To mitigate these impacts, design and construction factors such as the placement of buildings, parking areas, lighting, landscaping, and the like will be taken into account. Thus,retention of the MCX-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 Mr. Michael Yee, Director July 29,2019 Page S Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii • 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 • 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 veterinarian clinic to re- 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 applicant 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 existing and evolving commercial and industrial related uses in this area,the proposed clinic with its MCX-20 Mr.Michael Yee,Director July 29, 2019 Page 9 zoning would be consistent with the land use pattern in this area, while making it convenient for the region and surrounding neighborhoods. 2. ]Land Use Element(Commercial) Goals a Provide for commercial developments that maximize convenience to its users. ® 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. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • 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 ® Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Cormnercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. i, Mr. Michael Yee,Director July 29,2019 Page 10 • 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. • 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 commercial/light industrial spaces. The proposed use is compatible to the existing and evolving commercial and light industrial uses in this area. At the same time, 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 and sewer lines are 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 a veterinarian clinic is not inherently a noxious use, potential pollution concerns would be minimal, if at all. Being used as a residence in the past,the prospects of the site now 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 consistent with the growing mix of commercial uses. To further mitigate potential visual and noise impact to the only residential use to the north, additional landscaping will be provided. t Mr.Michael Yee,Director July 29, 2019 Page I I Finally,the standards for the clinic have been addressed via the Final Plan Approval and building permit processes. These include the height, setbacks, uses,parking, landscaping, and the like. 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 G). The reasons, in summary, and their relationship to the present, included: • Consistency with the County General Plan LUPAG map and Goals and Policies. • 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 in this area. • Availability or provision by the applicant 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. • Site not having any resource issues, such as archaeological, drainage, botanical, or avifaunal. 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 extension. It should be noted,however, that since the MCX-20 zoning was approved in 2009,the only substantive change to the Zoning Code was the adoption of the coneurrency provision, Section 25-2-46. That provision 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 ("Tl"') if more than fifty(5 0)trips are generated by a project during the peak hours. In this situation,the proposed veterinarian clinic with an area of Mr. Michael Yee, Director July 29,2019 Page 12 6,438 square feet should not exceed the threshold for a TZAR. For one, most of clients are seen on an appointment basis, thus,making traffic more structured. This is unlike a restaurant or other retail type of uses. Further, based on to the Institute of Traffic Engineering manual (the manual used by traffic engineers in preparing Traffic Impact Analysis Report),the AM./PM trip generation for office use is 1.49 trips per 1,000 square feet. Thus, for a maximum 7,000 square foot office building,the projected movements would be 10.43 trips or less than ten(10)movements during the AM/PM peak hours. Thus, the projected use does not reach the TIAR"threshold". County water for the project is still available from either an 8-inch line fronting Kawili Street or Laukapu Street. The 8-inch line should be sufficient to address fire flow requirements. The County sewer line also fronts the property. 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. 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 applicant; 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. ,erely, SIDNEY M. FUKE Planning Consultant Enclosures Copy—Dr. Trevor Rodrigues wl enclosures COUNTY OF HAWA.I`I 'TE OF HAWAPI BILL NO. $8.A ORDINANCE O. =� A AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE IAP), ARTICLE 8;.CHAPTER 25 (ZONING CODE) OF THE HAWAFT COUNTY CODE 1983 (2005 EDITION),BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDEN'T'IAL- 10,000 SQUARE FEET(RS-10) TO INDUSTRIAL- CONTMERCIAL MIXED-20,000 SQU AR.E FEET(MCS:-20)AT WAIAKEA HOUSELOTS, WALAKEA, SOUTH HILO,HAWAII, COVERED BY TAX MAP KEY: 2-2-050:043. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF I-LAWAI`I: SECTION 1. Section 25-8-33. Article 8, Chapter 25 (Zoning Code)of the Hawaii County Code 1983 (2005 Edition),is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakca Housetots, Waiakea, South Hilo,Hawaii,shall be Industrial-Commercial Mixed- 20,000 square- feet quarefeet(MCX-20): Beginning at the southwest corner of this parcel of land, also being the northeast corner of the intersection of the rights-of-way of Laukapu Street and Kawili Street, the coordinates of said paint of beginning referred to Government Suraey Triangulation Station "IIALU"being 3,894.00 feet South and 10,121.00 feet East and thence running by azimuths measured clockwise from true South: L 1800 00, 00" 200.00 feet along the east side ofLaukapu Street(40' wide); 2. 2700 00' 00" 229.010 feet along Lot 2-A, Block 46, 'Waiakea House Lots, First Series; 3. 011 00, 00" 200,00 feet along Lots 6-A and 8, Block 46, Waiakea House Lots, First Series; 4. 90-- 00, 00" 229.00 feet along the north side of I:awili ,Street(80' wide)to the point of beginning and i containing an area of 45,800 Sq. Ft., more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) reasonably conceived to fulfill needs directly emanating;from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use, A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the"Water Commitment Guidelines Policy"to the Department of Grater Supply Nvith,in 180 days from the effective date of this ordinance. C. The applicant shall install a reduced pressure type backflow prevention assembly within five (5) feet of the water meter on private property,which must be inspected and approved by the Department of Water Supply. -2- D. Construction of the proposed development, including the innprovements listed in 3 Condition G, shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures,paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in ,accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. F. Access(es)to the project site shall be limited to right-turn in,right-turn out movements at Kdwili Street and full movements at Laukapu Street and shall meet with the approval of the Dcpartment of Public Works. Should there be future road improvennents at Ka.wili Street, such as a dedicatee)turn lane fronting the subject site that can reasonably and safely accommodate left turn movements, left turn movements may be permitted by the Department of Public Works. All driveway connections to K5wili Street and Laukapu Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. F_ A l0-foot wide future road widening ste-ip along the Laukapu Street frontage shall be subdivided and dedicated to the County within five (5)years from the effective date of this ordinance. G. The applicant shall provide improvements to the project's frontage along K-dwili Street and Laukapu Street consisting of-, but not limited to,pavement-widening lvith concrete curb, gutter and sidewalk. drainage improvements and any required 3 utility relocation,meeting the approval of the Department of Public Works. The improvements shall be located within the future road widening setback. H. The applicant shall provide a minimum 20-foot corner radius at the intersection of Mwili Street and Laukapu Street incorporating the road widening setback. 1. Streetlights and traffic control devices shall be installed as may be required.by the Traffic Division,Department of Public Works. J. All development generated runoff shall be disposed of on site and shall riot be directed toward any adjacent properties, If required, a drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval for any neve structures, Any drainage improvements shall be constructed, meeting with the approval of the Department of Public Works 'prior to the issuance of a Certificate of Occupancy. K. The project shall connect to the existing COUnty sewerline prior to the issuance of a Certificate of Occupancy. L. A Solid Vdaste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. I M. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DL'-NR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance fi-om DLNR- HPD when it finds that sufficient mitigation measures have been taken. -4- I N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. 0. The applicant shall comply with all County, State and Federal laws,rules, regulations and requirements. P. initial extension of time for the performance of conditions within the I ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 1 Granting of the time extension\vould 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 perfoinied within one year may be extended for up to one additional year}. 5. If the applicant should require an additional extension of tine; the Planning Department shall submit the applicant's request to the County Council for appropriate action. -5- Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 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: COUNCIL MEl�ZBER, COUNTY OF HAAWAI`I Kana_ Hawai'i Date of Introduction: August 5, 2009 Date of 1st Reading: August 5, 2009 Date of 2nd Reading: August 19, 2009 Effective Date: September 2, 2009 REFEREtNCZ Cor len.' 363 i l I -6- RS-i0 RS-10 R5-10 MCX-20 r cj �— --{ mcx-20 AAL-20 MC?{-20 RS-10 RS-]0 RS-10 a R5-10 RS-10 � E.LANIK,2 .ULA ST. I RS-10 RS-10 R5-10 RS-10 G ML-20 SINGLE FAMILY RESIDENTIAL•t0,d00 i� SQUARE FEET(RS•10) NCX-20 ML-10 7C}iNDUSTRIAI_-GC3MMERGIAL MIXED- r 2.,860 SQUARE FEET JAQCX-20) ML-10 r 10 {45,808 SQ.FT) MCX-20 moi+ R5-10 RS-10 MCX-20 CN-10 MCX-2d MCX-20R5-10 3,m.vo S ]a m.00E E.KA WILI ST. FIALS%" R540 ML-20 AAL-20 ML-20 c � CI7 _ Q --' -- Q ML-20 � ML-20 ML-20 0 150 300 600 900 1,200 RS-10 Feet Al E N T T() T H E Z 0 IN' I N"' G C C)DEI AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITIONT), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET(RS-10)TO INDUSTRIAL-COMMERCIAL MIXED- 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA SOUTH HILO, HAWAII MAI'PREPARED BY- COUNTY OF I-IAWAI'I,PLANNING DEPARTMENT TNI K:2-2-50:43 DATE:February G,2009 EXHIBIT"A,. (Dr.Rodrigues tutao 125BI OFFICE OF THE COUNTY CLERK County of Hawai'i Kona.Hawaii i IntroducedBv: Donald Ikeda v�tROLf CA'fT Tit: Date Introduced: August 5, 2009 �'AYES . NOES ABS EX First Reading: August 5, 2009 Enriques t 1 d Published: N/A ' u Ford X Greenwell X - REiW,4RKS: A re-vote for first and second Hoffmanni X reading was Laken due to lawsuit (W. Hawaii v Ikeda X County cf Hawai'i) re the Council -tg. held on Nicole X 6-16-09. A copy of the oricinal certification flnishi X beet re this measure is attached. Ya�ong }{ Yoshimoto X Sect)ndReading: August 19, 20,09 9 0 I 0 0 ToNlavor: kuqusz 28, 2009 Returned: September 3, 2009 ROLL CALL VOTE F,frective: SeptEmber 2, 2009 AYES NOES ABS EX Published: September 16, 2009 Enriques X Ford X - REA,14RKS: Greenwell X - Hoffmann X _ -- Ikcda X Naeole X Onishi X Yagoong X Yoshimoto X it 1 Df) 1 f IZ 131`C'T 171 1't prat the.forc oinc, BILL was ar ogled by the Counly Comicil published os etIdicaled IIJCJVi.t APPROVED AS TO FORM AND LEGALITY: — COUNCIL Cl N IRPER>SO DEPUT CORPORATION CO NSEL COUNTY OF HAWAII Date AUG 3 1 2009 COUNTY CLERK 88A j� Bill No.: _ ��✓��'�` C-3 6 3 j PC-3:� �- -ovedl isuppr oV d d li [ dal, Reference: OrdNo.: — 09 -90A OFFICE OF THE COUNTY CLERIC. County of Hawaii Hila, HawaiiRr ? Introduced By; Donald Ikeda �, � �y�$ L AOL V -fE t: Date Introduced: June 16, 2009 AYES , NOES::r ABS EX First Reading: June 16, 2009 Enriques :F4 Published: N/A Ford X Greenwell x REMARKS: Hoffmann x Ikeda X Naeole X Onishi X Yagong x Yoshimoto x Second Reading: 7aly 8, 2009 8 0 1 0 To Mayor,. July 16, 2009 Reformed: July 22, 2009 ROLL CALL VOTE Effective: July 22, 2009 AWES NOES ABS EX Published: July 30,_2009 Enriques X Ford x REA4,4 RKs: Greemell x Hoffmann X Ikeda x Naeole X �... Omishi x Yagomg X Yoshimoto x i8 0 1 0 I DO HEREB Y CER TIF)'that the for—egoitz€;BILL was adopted by the County Council ptablished us indicated above, j APPROVED AS TO Eta AND LEGALITY: ACOUNCIL CH.�4IRPL"RSON PU Y 'ORPORATI(ON COMNSEL D _ C(OU'N QF 4-1P.,WAI`I COUNTY CLERK Date . 1 88 ._ Zan- Bill No.: C-363/PC-33 �Il�nrov4cG'L) upprav this day Reference: Ord No,: of 120 AIJAYOR, COUNTYOFHAWA]'1 SUZANNE D.CASE CUAWERSON Ct Nq'n, R0,IRD OF LAND AVD NATMU RESOURCES DAVID Y.LGE P-•u',g g 9"'P:��� COSLSitiSIDN ON WATER RESOI'RCE h LtNAGE.OTT GOVERNOR OF HAWAII J h;' ROBERT It 6LXSL'DA _ F FOUTOIYUEY JEFFREY T.PETERSON ild dOdA "y Y`4:n; j] DErL-ry OME[,TOR-WATTR A(�UAZICR L'RIES F �`-`C'Sn'�,.: nonTIIvG nw aen.N NANCETiON OrcoNVEYANco j(J COM1L10-tiStON ON WATER RE SOURCE LU,NAGE\dM p ,n+"`-'�'6 N •-"-"�-J CONS ERVATION AND COASTAL L"OS CONSERVATION AND RESOURCES D.URCEMFM STATE OF HAWAII GLANOWD FORFS NmNTE w'O.DLQE DEPARTMENT OF LAND AND NATURAL RESOURCES OSTORINDRESEFRFSERRVE CO S«teoFNd`''a� K,vu�auwEcsS MXDERtT:coa�OSS[ON STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUEIIHEWA BUILD LNG 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 August 9,2018 Michael Yee,Planning Director LOG NO:2018.01327 County of Hawaii DOC NO: 1808SN03 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 Dear Mr.Yee: SUBJECT: Chapter 6E-42 Historic Preservation Review— County of HaEvaii Grading Permit Application for Aloha Veterinary Center Waiakea Ahupua`a,South Hilo District,Island of Hawaii TNIK: 3 2-2-050:043 This letter provides our review of this County of Hawaii grading permit application that was received by our office on June 7, 2018. The applicant proposes grading activities to facilitate the construction of a 2-story, 5,500 sq. ft. ments to existing public right-of--way.The project area is a veterinary clinic,landscaping,a parking lot and improve 0.87-acre portion of the 1.003-acre parcel. A review of our records indicates that no archaeological inventory survey(AIS)has been conducted for this parcel. No historic properties have been identified within or near the subject parcel.Aerial photos confirm that the project area has been impacted previously by rural development. It is unlikely that any surface historic properties remain within the current project area. Based on available information, SHPD's determination is no historic properties affected for the current project. Therefore,the permit issuance process may proceed. Attach to permit: In the unlikely event that subsurface historic resources, including human skeletal remains, structural remains, cultural deposits, 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. Please contact Sean Naleimaile at (808) 933-7651 or at Sean.P.Naleimaile czlhawaii. ov for any questions or concerns regarding this letter. Al ha, Alan S.Downer,PhD Administrator,State Historic Preservation Division Deputy State Historic Preservation officer cc. Jeff Ross(jross�a islandengineeringlle.com) Robyn Matsumoto(Robyn Matsumoto(ayhawaiicount'y a-ov) 4- 0- CD C} Harry Kim Darren J. Rosario Mayor Fire Chief Lance S. Uchida Deputy Fire Chief OF V.1,0unty of ' 'W--ai HAWAII FIRE DEPARTMENT 25 Aupuni Street e Suite 2501-Hilo,Hawaii 96720 (808)932-2900 o Fax(808)932-2928 September 4, 2019 TO: MICHAEL YEE,PLANNING DIRECTOR FROM: DAR EN J.ROSARIO, FIRE CHIEF SUBJECT: Amendment to Change of Zone Ordinance No. 09 50 (REZ 09-000090) Applicant: Dr. Trevor L. Rodrigues Request: Amendment to Condition D (Complete Construction) and Condition F (Dedicate 10-Foot Future Road Widening Strip) Tax Map Key: 2-2-050:043 In regards to the above-mentioned Amendment to Change of Zone Ordinance application, the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE,2006 EDITION Note: llairai'i State Fire Code, Notional Fire Protection Association 2006 version, with County o'lleiit,,cti'i(t)7ieiid7,iieiits. County anjendinents are identified ivith apreceding "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. fC7 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the C fire department for review and approval prior to construction. A -C 't LZ Hazvai'i County is an Equal Opportunity Provider and Employer. Michael Yee September 4,2019 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. CN 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 18.22.1 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 m'-) or less are 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 4, 2019 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 131), or NFPA 13R, the distance in 18.2.32.1 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 131), 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 vertical clearance 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 4, 2019 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. C— 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 in 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 4, 2019 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 strictures 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 4, 2019 Page 6 18.2.4.2.5 Locks, gates, doors, barricades, 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 may be 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. 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 4, 2019 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 County water 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 2000gpm per the Department of Water 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 (FDC) 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 4, 2019 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 It 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 stricture 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. u1+ ©p N4PL L -4 DEPARTMENT° OF WAFER SUPPLY COUNTY OF HAWAVI 2'' Fx:�u�•t' °`V. 345 KEKUANAQ`A STREET, SUITE 20 = HILO, HAWAII 96720 TELEPHONE (808) 961-8050 . FAX (808) 961-8657 September 13, 2019 -.n TO: Mr. Michael Yee, Director- Planning Department FROM: Keith K. Okamoto,Manager—Chief Engineer — c SUBJECT: Amendment to Change of Zone Ordinance No. 09050 (REZ 09-000090) Applicant—Dr. Trevor L.Rodrigues _ -'3 Request: Amendment to Condition D (Complete Construction)and Condition F (Dedicate 10-Foot Future Road Widening) Tax Map Key 2-2-050:043 We have reviewed the subject request and have the following comments. Please be informed that there are two(2) existing services (Account Nos. 110-01500 and 110-01600). The Department requests that the applicant submit updated estimated maximum daily water usage calculations for the proposed uses,prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the estimated peak flow in gallons per minute and the total estimated maximum daily water usage in gallons per day. After review of the calculations,the Department will determine the appropriate service lateral and meter-size required. Should there be any questions, please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Keith K. Okamoto,P.E. Manager—Chief Engineer TS:dfg copy— Dr. Trevor L. Rodrigues , Mr. Sidney Fuke, Planning Consultant C C LLA Water, Our Most Precious l(esource . . . Ka Wai A Xane. . . The Department of Water Supply is an Equal Opportunity provider and employer. RDrTrevorRodi iguesREZ.aj x.9.4.19 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DR. TREVOR RODRIGUES AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09-090A (REZ 09-90) Upon carefiil review of the request to amend conditions of Change of Zone Ordinance No. 09-90A, the Planning Director is recommending that a favorable recommendation for amendments to Conditions D and F of Ordinance No. 09-90A be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based on additional information presented at the public hearing. This recommendation is based on the following findings: The applicant, Dr. Trevor Rodrigues, has submitted an application to amend two (2) conditions of Change of Zone Ordinance No. 09-90A, which was originally approved on September 2, 2009, and reclassified approximately 45,800 square feet of land from a Single-Family Residentidl-10,000 square feet (RS-10) to an Industrial-Col-mercial Mixed 20,000 sq. ft. (MCX-20) zoning district. The applicant is requesting amendments to the following conditions: • Five (5)-Year Time Extension for Condition D (Time to Complete Construction) • Five (5)-Year Time Extension for Condition F (Future Road Widening) The applicant proposes to construct a veterinary clinic, as well as two (2) other buildings for commercial office and warehouse space in the fi.lture. The Final Plan Approval indicates a 6,438 sq. ft. building with 25 parking stalls for the veterinary clinic. The applicant is requesting condition amendments to accommodate longer than expected Building Pen-nit and Plan Approval process times, and the passing of the "end construction" deadline of July 22, 2019. The non-performance is the result of conditions that could not have been foreseen or qre beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. The applicant had retained the services of appropriate design professionals, and preliminary plans were developed shortly after the rezoning was approved in 2009. However, the heavy demands of the applicant's medical practice required more attention and time than the proposed development. At the same time, the applicant was still seeking various means to finance the project. After securing the retroactive administrative 5-year time extension in 2016, the applicant had only three (3) years to complete the project. The applicant prepared plans for Final Plan Approval and then worked to finalize construction plans to be submitted for a Building Permit. The permitting process took longer than anticipated, and although a contractor was selected and financing was put in place for the project, construction was put on hold as it would not be completed by the"end construction" deadline of July 22, 2019. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone Linder Ordinance No. 09-90A (REZ-09-000090) has not changed, and Final Plan Approval has been granted for the proposed use. The applicant is seeking additional time to complete construction of the proposed project and to dedicate the 10-foot future road widening strip fronting Laukapu Street due to the time required to obtain necessary pen-nits and approvals, and because the "end construction" deadline has passed. The applicant secured Final Plan Approval on September 25, 2017, and after approximately a year of processing time, the applicant obtained an approved Building Permit on October 28, 2018. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Staff notes that 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 plaruzing policy document still rests with the County general Plan. The current zoning (Industrial-Commercial Mixed-Use; MCY-20) continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map, Which defines the subject parcel and its immediate surrounding area as Industrial (incl). The purpose of the Industrial-Commercial Mixed-Use zoning district is "to allow mixing of some industrial uses with commercial uses". The amendment requests continue to conforn to the goals, policies and standards of the General Plan in that the proposed development will be established in an area adequately served by necessary services such as water, utilities and transportation -2- systems. The land uses in the immediate area are a mixture of a few single-family residences with predominant commercial and industrial uses. While the requested use would be consistent with the design and scale of the immediate area, the proposed use may still generate some impacts to the nearby residential uses. To that end the applicant has designed the proposed development to mitigate these issues by the thoughtful placement of buildings,parking areas, lighting, and landscaping. The proposed amendments continue to be consistent with the following goals, policies, and actions of the General Plan: ECONOMIC ELEMENT • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii; • The County shall provide an economic envirorunent which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment; and a The (County shall strive for diversification of its eeonoiEny by strengthening existing industries and attracting new endeavors. This request would provide opportunities for a veterinarian clinic to re-establish itself in an area that is already serviced by a good transportation system and infrastructure. Further, the project site is located in proximity to a number of similar sized commercial and businesses entities, such that the project aligns with the overall character of the area. LAND USE— COMMERCIAL Provide for commercial developments that maximize convenience to its users; Distribution of commercial areas shall be such as to best meet the demands of neighborhood, cornlnunity and regional needs. 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. The proposed use is compatible to the existing an evolving commercial and light industrial uses in this area. As the site is already serviced by adequate infrastructure, -3- including County sewer and water lines, this project should not require the addition or expansion of public services. The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP), adopted in 1975, suggests single-family residential uses in this area, however, this area is transitioning to higher-density commercial/light industrial type uses. The proposed time extension to Ordinance No. 09- 90 would allow for the establislunent of a relevant commercial use that would be in-line with the coir nercial developments in the area. The property is 45,800 square feet in size and is rectangular in shape and is approximately 200 feet by 229 feet in size. There are presently five (5) rental units on site, and these units will continue to be rented until the applicant is ready to start construction; a minimum of six-month's notice will be given to tenants to vacate. The remainder of the property includes common landscaping (i.e., grass and small shrubs), as well as unimproved driveways to the rental structures. To the north and sharing a Property boundary) is a Limited-Industrial (ML-20) � zoned property that is entirely developed with a large commercial building that houses several businesses, such as Apria Healthcare and Sweet Thunder Products (Fusion Sushi). Across Kawili Street lies more Limited-Industrial (ML-20) zoned properties that contain commercial and light industrial uses such as car repair, car rentals, and the Fam1 Supply Cooperative. Directly east of the subject property is a group of Single-Family Residential (RS-10) zoned properties that contain residential strictures, while to the west along Laukapu Street are properties zoned Industrial-Commercial Mixed (MCY-20) and contain businesses such as Central Supply Company. According to the Final Plan Approval for the proposed development, access to the property shall be via both East Kdwili Street and Laukapu Street. However, according to Condition E of Ordinance No. 09-090A, "Access to the project site shall be limited to right-turn in, right-turn out movements at [East] Kawili Street and full movements at Laukapu Street and shall meet with the approval of the Department of Public Works. Should there be future road improvements at [East] Kdwili Street, such as a dedicated turn lane fronting the subject site that can reasonably and safely accommodate left turn movements, left turn movements may be permitted by the Department of Public Works. -4- Aii driveway coni e-C-LI ns to [East] Kawili Street and Laukapu Street shah conform to Chapter 22 of the Hawaii County Code." County water for the subject parcel is either available from an 8-inch line fronting East Kdwili Street or Laukapu Street, which was determined to be sufficient to address fire flow requirements. The property has no severe geological or topographical problems which cannot be rectified, or which would render the land unusable. The project site is located within Zone "X", which is an area of minimal flood hazard. The parcel is also located outside the Tsunami Evacuation Zone. According to DPW, all development-related runoff shall be disposed of on site and shall not be directed toward any adjacent properties. No professional floral or faunal surveys were conducted of the site due to the history of the property being used for residential purposes. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The project site is not proximate to the shoreline and is situated outside of the SMA. There is no record of any designated public acdess to the shoreline or mountain areas that traverses the s6. According to the applicant, no valued cultural, historical or natural resources exist on the property, and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable govennnental requirements in connection with the approved amendment, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), compliance with SHPD requirements, among others. Compliance with all applicable goveininental requirements is a condition of this approval; 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. -5- Based on the above findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 09-090A. 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. 09-090A 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. -6- JNYYfOF},� . COUNTY OF HAWAII _• STATE OF HAWAII ?�rF OF'N►�' (s�t BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 09 90A, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL—COMMERCIAL MIXED—20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-050:043 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 09 90A is amended as follows: 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. 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 HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- R5-i0 RS 10 I -- �,+ ---- R5-10 I � WO MCX-20 , N,CX-20 ML-20 RS-20 PS-10 RS-10 R5-10 RS-10 M[X-2p d E.LANTKf bZA ST. car, _- O R,5-10 S 10 RS-10 RS-10 � RS-10 � G � ML-20 SINGLE FAMILYRESIDENTIAL-ta,411 SQUARE FEET(RS•10) MCX-20 TO INDUSTRIAL-GOh151 EROIAL I IIXEO- 20,000SQUAREFEETIMICX-a) ML-1010 (45,500 SQ.FT) (f MCX-20 R5-10 i RS-SO 1 x r CN-10 �$ r4 M _0 w s t _ hICX-20 MCX-20 RS-10 Fs400 s 171.00r E.I:AWIL.I ST. 85-10 ML-20 ML-20 ML-20 E cHn ML-20 �111 _....- -- M ML-20 L-20 0 150 300 600 000 1,200 Rs-10 som Feet I .AMENDING SECTION 25-8-33 (CITE` OF FILO ZONE MAP) ARTICLE 8 CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITIOI\T), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FANIILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COTVIlMERCIAL M- -LXED- 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOC.JSELOTS, WAIAKEA SOUTH HILO, HAWAII MAI'PREPARED BY- COUNTY OF RkWM1.PLANNING DEPARTMENT TM K:2-2-50:43 DATE.February o,2009 EXHIBIT"A" (Dr.Rodrigues- FOR REFERENCE ONLY Man 175R) CDrTrevorRodriguesAinendREZ.ajr.9.4.19 DR. TREVOR RODRIGUES AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09-090A (REZ 09-000090) AMENDED CONDITIONS OF APPOVAL A. The applicant,successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. [Pr-iof to +".-.e issuanee of a water commitment by the Depai4ment of Watef Supply, the applicant shall s4mit the antieipateEl maxinim-um daily water- usage eale-ulations as reeemmended by a registered engineer-, an-d a water-eoR-Anitment deposit iR aeeor-danee the"Water-(;onunitment guidelines Policy"to the Depai4ment of Water Supply within 180 days f o the Arm etive data of ths,,,.d;,,a„ee.]The applicant shall submit updated estimated maximum daily water usage calculations as recommended by a registered engineer, for review and approval by the Department of Water Supply. The applicant shall comply with the Department of Water Supply for the appropriate service lateral and meter-size required. C. The applicant shall install a reduded pressure type backflow prevention assembly within five (5)feet of the water meter on private property,which must be inspected and approved by the Department of Water Supply. D. Construction of the proposed development,including the improvements listed in Condition G, shall be completed within five (5) years from the effective date of this amended ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paced driveway access and paved parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. -1- E. Access(es) to the project site shall be limited to right-turn in, right-turn out movements at Kdwili Street and full movements at Laukapu Street and shall meet with the approval of the Department of Public Works. Should there be future road improvements at East Kdwili Street, such as dedicated turn land fronting the subject site that can reasonably and safely accommodate left turn movements,left turn movements may be permitted by the Department of Public Works. Al driveway connections to East Kdwili Street and Laukapu Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. F. A 10-foot wide future road widening strip along the Laukapu Street frontage shall be subdivided and dedicated to the County within five (5)years from the effective date of this amended ordinance. G. The applicant shall provide improvements to the project's frontage along East Kdwili Street and Laukapu Street consisting of,but no limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation,meeting the approval of the Department of Public Works. The improvements shall be located within the future road widening setbacks. H. The applicant shall provide a minimum 20-foot corner radius at the intersection of East Kdwili Street and Laukapu Street incorporating the road widening setback. 1. Streetlights and traffic control devices shall be installed as may be required by the Traffic Division, Department of Public Works. J. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties.[if required,a drainage study shall be prepared and s„r,mittoa to the Department of Public Works prior-to the issuance of Final Plan Appfoval for:any-ftew structures-] Any drainage improvements shall be constructed,meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy. K. The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy. L. A Solid Waste Management Plan shall be submitted to the Department of Enviromnental Management for review and approval prior to the issuance of a Certificate of Occupancy. -2- M. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (SHPD)shall be immediately notified. Subsequent work shall proceed upon an archeological clearance from SHPD when t fins that sufficient mitigation measures have been taken. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. P. [An initial&,itansion of time for-the per-faftnanee of eonditioftswithin the or-dinanee may gfanted by the Planning Dir-eeter upon the following eircuinstanees: 1. The tion per-f4manee is the result of eenditions that could not have been foreseen or are be��nd the eefitfel of the applieant, sueee-s-��signs, and that are- not the- result of their-f nit n egli enee Code.2. Citunting of the time extension would not be contfaFytO the Genefal Plan of Zoning 3. Granting of the time extension would not be eontrary to the original reasons for-the granting of the eh ge of zone. 4. The time extension granted shall be for a period not to exeeed the period or-igina4 granted for- per-fennanee (i.e., a eondition to be perfenned within one year-May4w v xterided for up to one additional yeaf). -S-.] If the applicant should require an additional extension of time,the Planning Director shall submit the applicant's request to the County Council for appropriate action. Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -3- o � o � Z � o rn � Dz rn rn 0 on O 11O 2 oD oz o � � p rn O - O v N 0 rn O C o rn z D z n rn O D m3: < m M = M Z Z o � � � Ov O '< � -< o = 0 m 0 m `0 - > > 00 n %0 � � 0 � o � c3 3: DO mm 70 X m X z O m m m O D cZn cZ00 i,- 0 i>- O � 0 � 0 z Dz � z v � - _ z0 0 z7on7a O G� nOn � - - OzO zz 0 0 0 � O 0 z z T o ■ ■ ■ ■ ■ O N -nD 0 r —n O = O Z O = rn rn = 0 D � D D � _ D G� � rn rn -„ r n rn rn Z Z Q r rn > C r D Z O = y ao n G� D D = D n0 rn D Z rn z Z z rn -� Z y n z z rn nn rn Orn 0< � O 7u � O --a O O rn C O D < mM OC)O _ O 70o O � 7 z c D 0 y � D rn Z C � 0 70 z O Z O r 0 70 - Z O o Z rn rn -� z mZO m O 0 W � (� Z m Z 70 D rn D D > D� rn Z rn rn D Z cn z Z Z O N 0 Z Z cn O O 0n 70 O rn C rn O `o O D '�' x z O cn D rn � � o cz rn CI = r O _ m D D = O m O Z n rn z Z O rn _ Dz D n N _ Or O Z n N z O D ?� O 0 0 Z � N Z D O Z O -Z Oz rn z = n O cn rn �" r +fit`` ♦s �` >> "". a$ f Ilk Q .� h r b' .•t _ w i til ♦. 1 )p•% �Y.Y �> ofr } _ 4 � a. .•'` �G B I�t _ w a + .�Yr Yi �{��� w D:;OU84^.f i �r•-r.• �C n •..''''�'..F^ � ♦ tau,� 1S 0ubuIL{ r . r jo Lys • K61ar4ea St , J� � N,mom >__._ ,. � �m•. .� .� m, ■ warty ■vGiMe 2), 0 mail 'T pp r jj L aM ► '1 r �". ♦ m } i1 :iPvs�s�. 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