Loading...
HomeMy WebLinkAboutPD RECOMMENDATION (REZ-21-000243)RHIW_REZ_3 2021 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MARTIN ANDERSON DECLARATION OF TRUST,NORMAN ABRAHAM PPIANAIA REV. LW.TRUST,AND KAPOHO PROPERTIES,LLC CHANGE OF ZONE APPLICATION (REZ 21-000243) Upon careful review of the request against the guidelines for granting a Change of Zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Open(0)to Industrial-Commercial Mixed Use-20,000 square feet(MCX-20) for 3.29 acres of land 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. This favorable recommendation is based on the following findings: The applicants are requesting a Change of Zone from an Open (0) zoning district to an Industrial-Commercial Mixed Use-20,000 square feet (MCX-20) zoning district for 3.29 acres of land that includes seven (7) separate parcels. In order to accommodate the rezone request to MCX-20 the applicants have proposed a consolidation and resubdivision from the existing 7 parcels into 4 separate parcels with the required 20,000 square feet of area. The proposed MCX-20 zoning designation would allow up to seven parcels, 20,000 square feet in size, but due to constraints from existing development that cross existing property lines, as well as setback and other development requirements, a maximum of four (4) parcels are being created. The project site (7 separate TMKs) is irregularly shaped and is accessed via Kamehameha Avenue along the northern boundary of the project site. It is currently developed with a number of large office-type or warehouse-type buildings including the historic Hilo Iron Works building. There are currently sixteen (16) different businesses either using the space for offices or for warehouse/storage, however, one (1) business (McDonnel Frame) utilizes the space for manufacturing. Existing paved parking areas, covered walkways and other appurtenances small work sheds, storage) are also located within the project site. The project site is considered fully developed with little to no landscaping or lawn areas other than a grass area on the eastem-makai side ofthe project site. The Change of Zone request from Open (0) to Industrial-Commercial Mixed-20,000 square feet (MCX-20) conforms to, among others, the goals, policies and standards of the General Plan Economic and Land Use Elements. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Economic Elements ofthe General Plan: Land Use Element(Industrial and Commercial) Industrial) Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County Industrial) Promote and encourage the rehabilitation of industrial areas that are serviced by basic community facilities and utilities. Commercial) Provide for commercial developments that maximize convenience to users. Commercial) Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Economic Element Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural, and social environment. Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. Strive for diversity and stability in the economic system. 2- Under Section C-2-a(2) of the Amended Urban Renewal Plan (1965), the entire area occupied by the Hilo Iron Works is designated as limited industrial. The Plan further states that "the only industrial uses permitted within the Project Area (i.e., Plan area) shall be the Honolulu [sic] Iron Works operations and the commercial fishing and related activities". In 1975 the Hilo Community Development Plan (CDP) listed six recommendations for allocating industrial land within the Hilo CDP boundaries: 1. Availability of large, relatively flat and developable land which has expansion potential for industrial use beyond the period of this plan, but which does not encroach appreciably on agricultural suitable lands or into areas which are suitable for other urban uses. 2. Accessibility to port facilities for import and export of fuel and materials. 3. Accessibility to the airport for the shipment of goods. 4. Good road access to living areas or employees and to the commercial and financial facilities of Hilo. 5. Availability, at economic cost, of utility systems. 6. Compatibility with nearby land uses, with any noxious industrial uses buffered from residential and other urban activities. The 2005 County of Hawai`i General Plan (GP) included an amendment that changed the GP designation for the Hilo Iron Works site from Open to Industrial; it should be noted that the GP identified the Hilo Iron Works site specifically as appropriate for industrial-commercial zoning and uses. In 2016 the Banyan Drive Hawaii Redevelopment Agency (BDHRA) produced a concept plan for the Banyan Drive area which included the Hilo Iron Works site. That plan, which was vetted by both the public and private sectors and approved by the agency, identified the project site as "commercial/industrial". The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The 3 LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject area is designated Industrial (ind). The General Plan states the Industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. The applicant's proposed rezone request to the Industrial-Commercial Mixed Use zoning district is consistent with the LUPAG "Industrial" zoning designation for the project site. The revision to the Zoning Code, completed in 1996, incorporated the concept of mixed-use zones to allow compatible commercial uses to mix with light industrial uses. Mixed use light industrial and commercial zones may include, but are not limited to, wholesale, retail, office uses and personal and business services which align with the current uses of the project site. Mixed use zones are appropriate in areas of economic transition, such as light industrial areas that are in demand as sites for commercial uses, and older residential areas needs as sites for more intensive development. The proposed change of zone would complement the existing land uses at the project site as well as the future development plans for Banyan Drive and Hilo Urban areas. The project site is bounded to the south and east by the Wailoa River which empties into Hilo Bay, crossing Kamehameha Avenue. To the west of the project site is a 1.89-acre parcel owned by the State of Hawaii (Division of Aquatic Resources) that has been developed with buildings, parking, and fencing that is within the Urban State Land Use District and within the County of Hawaii Open zoning district. West of the DAR facility is the Wailoa River State Park. The majority of the parcels surrounding the project site are within the State Land Use Urban District, are zoned "Open" within the County zoning district and designated as "Open" within the General Plan LUPAG map. The proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. When considering any request to change the zoning district of a property, the Director shall consider the purpose of the existing and proposed zoning district and the purpose of the Zoning Code and shall recommend a change in zoning only where it would result in a more appropriate land use pattern that will further the public necessity and convenience 4- and the general welfare. The predominant land use in this area is a mix of commercial, recreation, government, and both State and County parks. The site is over 250 feet from a storage shed located at the Wailoa Boat Harbor to the south of the site while the State Division of Aquatic Resources (DAR) uses an improved State-owned parcel west of the project site for research and other agency specific activities, such as a base yard. In the past DAR has utilized the Hilo Iron Works site for accessory office and research space similar to the United States Geological Survey (USGS) that currently rents three (3) areas for office and storage uses. For the purpose of promoting health, safety, or the general welfare of the County, the Zoning Code regulates and restricts the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off-street parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. In considering the purposes of the Zoning Code in relation to the proposed request, the approval of the request will result in a higher density. If approved, the applicant could conduct improvements to the structures, and establish new commercial and industrial activities not permitted within the current Open zoning district. In considering the request in relation to the surrounding zoning, the request will result in an appropriate land use pattern. Based on the above information, the proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience, and the general welfare of the County. The proposed request will not burden public agencies to provide utilities and services to the subject property. Access to the subject parcel is via an entrance off the County managed Kamehameha Avenue directly into the Hilo Iron Works site. As the entrance to the site is existing and well used there is no proposed changes or alterations to this ingress/egress. According to the State Department of Transportation there is adequate existing access, and that agency did not require any improvements or changes to the access during the application review. 5- Water to the project site is already being provided by the County Department of Water Supply (DWS). There is an existing 6-inch and 12-inch waterline fronting the project site along Kamehameha Avenue and according to the applicant there is one (1) water mater servicing the existing parcels on site. According to the Dept. of Water Supply, water can be made available from the existing 6-inch and 12-inch waterline within Kamehameha Avenue which both front the subject parcel but may require additional meters to accommodate the new parcels. The DWS did request that the applicant submit estimated maximum daily water usage calculations for each new parcel, for review and approval. Additionally, the DWS stated that the 12-inch waterline within Kamehameha Avenue is adequate to provide the required 2,000 gallons per minute flow for fire protection, as per the Department's Water System Standards but that the location of the fire hydrant was not sufficient and may need to be relocated or a new hydrant constructed. Based on the Hawaii County sewer network map an existing gravity main is located adjacent to the project site, however, according to the County Dept. of Environmental Management (DEM) - Wastewater Division, the project may require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. Additionally, DEM states they may require a sewer study to determine of[sic] connection is adequate for proposed development. The FIRM map identifies the project site to be within Flood Zone VE which is currently denoted as "coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves." There is no proposed construction or development planned at this time, therefore conditions related to development related drainage or stormwater management have not been included. Future development requests and subsequent reviews may include those conditions for any future development. All other essential utilities and services are or can be made available to the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is located within the Special Management Area but is not considered a coastal property as it is over 500 feet from the nearest shoreline (Hilo Bay). While it is not a coastal property, it is adjacent to 6- the Wailoa River State Recreation Area, and as such the potential for harm to resources from development/construction runoff would be a concern. However, in this instance, the entire site is currently developed with parking areas, buildings and other associated structures and this proposed action does not include external improvements or changes to the existing development. There is no record of a designated public access that traverses the property. 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. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa`akai 0 Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama'aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. However, the site has been used as a commercial/industrial building (Hilo Iron Works) since its construction in 1919. The valued cultural, historical, and natural resources found in the rezoning area: The property has been used for now over a century as the Hilo Iron Works facility which includes commercial and light industrial uses and activities. A Ch. 6E-42 review by the State Historic Preservation Division (SHPD) indicated that while the Hilo Iron Works building is historic and has a SIHP No., there have been numerous permitted modifications to the building over the years and as such determined that the proposed rezone project will have no affect on historic properties. Possible adverse effect or impairment of valued resources: The Project site is almost entirely covered with development (e.g., buildings and paved parking) and includes only limited landscaping with non-native trees and a small grassy area. Therefore, the proposed rezone project is not anticipated to influence or impact any valued resources. Feasible actions to protect native Hawaiian rights: No gathering is taking place on the site, nor has any lineal descendant or native Hawaiian requested access to the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore,no action is necessary to protect these rights. Based on the above findings, approval of the Change of Zone request from Open (0) to Industrial-Commercial Mixed-20,000 square feet (MCX-20) would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) Article 8, Chapter 25 (Zoning) of the Hawaii County Code 1983 (2016 Edition, as Amended) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. 8- COUNTY OF HAWAII •l.4\ "'-'''/ •: 'STATE OF` AWAI°11 BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN TO INDUSTRIAL-COMMERCIAL MIXED DISTRICTS-20,000 SQUARE FEET(MCX-20) AT PIOPIO, WAIAKEA, HAWAII, COVERED BY TAX MAP KEY: 2-2- 001:008, 017, 018, 019, 024, 030, AND 034. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code)of the Hawaii County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Piopio, Waiakea, Hawai`i, shall be Industrial-Commercial Mixed Districts—20,000 square feet(MCX-20): LOT 12-A Beginning at the northwest corner of this parcel of land, being the north corner of Lot 12 of Block"E"of the"PIOPIO SUBDIVISION" and on the south side of Kamehameha Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI",being 2,038.16 feet North and 8,777.16 feet East, and running by azimuths measured clockwise from True South: I.25T 12' 76.93 feet along Kamehameha Avenue; 2. Thence along the remainder of Parcel 14, along a curve to the right with a radius of 1,452.70 feet, the chord azimuth and distance being; 290° 10' 25" 35.14 feet; 1- 3.290° 52' 24.58 feet along the remainder of Parcel 14; 4. 21° 00' 39.58 feet along the Land of Waiakea; 5.110° 52' 24.48 feet along Lot 12 of Block"E"of PIOPIO SUBDIVISION"; 6. Thence along same, along a curve to the left with a radius of 1,413.11 feet, the chord azimuth and distance being; 108° 51' 16.5" 99.23 feet to the point of beginning and containing an area of 3,615 square feet, more or less. LOT A-1 Beginning at the northwest corner of this parcel of land,being the north corner of Baitfish and Fisheries Facility, Executive Order 3564 and on the south side of Kamehameha Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI"being 1,952.56 feet North and 8,400.38 feet East, thence running by azimuths measured clockwise from True South: 1.257° 12' 260.45 feet along Kamehameha Avenue; 2.347° 12' 197.84 feet along Lot A-5 and Lot A-4; 3. 7T 12' 260.45 feet along Lot A-2; 4.I6T 12' 197.84 feet along Baitfish and Fisheries Facility, Executive Order 3564 to the point of beginning and containing an area of 51,527 Square Feet or 1.183 Acres, more or less. LOT A-2 Beginning at the northwest corner of this parcel of land,being the southwest corner of Lot A-1 and on the east side of the Baitfish and Fisheries Facility, Executive Order 3564, the coordinates of said point ofbeginning referred to Government Survey Triangulation Station"HALAL"being 1,759.63 feet North and 8,444.21 feet East, thence running by azimuths measured clockwise from True South: 1.257' 12' 260.45 feet along Lot A-1; 2- 2. 34T 12' 37.00 feet along Lot A-4; 3. 9° 26' 26.36 feet along Lot A-3; 4. 34T 12' 44.64 feet along Lot A-3; Thence following along the north edge of Wailoa River for the next three (3) courses, the direct azimuths and distances between points being; 5. 77° 42' 139.51 feet; 6. 91° 20' 14.00 feet; 7. 91° 21' 100.44 feet; 8.167° 12' 76.85 feet along Baitfish and Fisheries Facility, Executive Order 3564 to the point of beginning and containing an area of 0.605 Acre, more or less. LOT A-3 Beginning at the north corner of this parcel of land, being the southeast corner of Lot A-4 and being the west corner of Lot A-7, the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI"being 1,799.24 feet North and 8,785.54 feet East, thence miming by azimuths measured clockwise from True South: 1.34T 12' 55.09 feet along Lot A-7; Thence following along the north edge of Wailoa River, the direct azimuth and distance between points being; 2. 68° 30' 92.22 feet; 3.16T 12' 44.64 feet along Lot A-2; 4.189° 26' 26.36 feet along Lot A-2; 3- 5. 257° 12' 81.18 feet along Lot A-4 to the point of beginning and containing an area of 0.122 Acre, more or less. LOT A-4 Beginning at the northwest corner of this parcel of land, being the south corner of Lot A-5 and on the east side of Lot A-1, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1,935.85 feet North and 8,67126 feet East, thence running by azimuths measured clockwise from True South: 1.257' 12' 125.94 feet along Lot A-5; 2.347° 12' 29.03 feet along Lot A-6; 3. C 16' 137.03 feet along Lot A-7; 4. 77° 12' 81.18 feet along Lot A-3; 5.167' 12' 158.54 feet along Lot A-2 and Lot A-1 to the point of beginning and containing an area of 17,068 Square Feet, more or less. LOT A-5 Beginning at the north corner of this parcel of land, being the northwest corner of Lot A-6 and on the south side of Kamehameha Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 2,038.16 feet North and 8,777.16 feet East, thence running by azimuths measured clockwise from True South: 1.347° 12' 76.30 feet along Lot A-6; 2. 77° 12' 125.94 feet along Lot A-4; 3.167° 12' 76.30 feet along Lot A-1; 4.257° 12' 125.94 feet along Kamehameha Avenue to the point of beginning and containing an area of 9,609 Square Feet, more or less. 4- LOT A-6 Beginning at the northwest corner of this parcel of land, being the north corner of Lot A-5 and on the south side of Kamehameha Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAL"being 2,038.16 feet North and 8,777.16 feet East,thence running by azimuths measured clockwise from True South: Following along Lot 12-A, along a curve to the right with a radius of 1,413.11 feet, the chord azimuth and distance being; I.288° 51' 16.5" 99.23 feet; 2.290' 52' 24.48 feet along Lot 12-A; 3.290° 44' 52.46 feet; Thence following along the edge of Wailoa River, the direct azimuth and distance between points being; 4. 15' 30' 91.38 feet; 5.110° 44' 126.26 feet along Lot A-7; 6.167° 12' 105.33 feet along Lot A-4 and Lot A-5 to the point of beginning and containing an area of 0.312 Acre, more or less. LOT A-7 Beginning at the north corner of this parcel of land,being the west corner of Lot A-6 and being the east corner of Lot A-4, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI"being 1,935.44 feet North and 8,800.50 feet East, thence running by azimuths measured clockwise from True South: 1. 290° 44' 126.26 feet along Lot A-6; 5- Thence following along the edge of Wailoa River, the direct azimuths and distances between points for the next three (3) courses being: 2. 14° 16' 56.30 feet; 3. 38° 00' 85.04 feet; 4. 66° 35' 59.51 feet; 5.167° 12' 55.09 feet along Lot A-3; 6.186° 16' 137.03 feet along Lot A-4 to the point of beginning and containing an area of 0.373 Acre, 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 (2016 Edition, as amended), the County Council finds the following conditions are: 1) Necessary to prevent circumstances which may be adverse to the public health, safety, and welfare; or 2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: A) Protection of the public from the potentially deleterious effects of the proposed use, or B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS 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 6- 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 Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: OPEN of OPEN x OPEN LOT 12-A OPEN OPEN TO INDUSTRIAL- COMMERCLAL MIXED DISTRICTS- — LOTA-520,000 San.(ML%Q0) OPEN TO INDUSTRIAL-COMMERCIAL NDUSTRIAL TOTAL MEA 361530.Fi. COMMERCIAL MIXED DISTRICTS• 70,000 Sa.FT.I MC%a0) TOTAL AREA TAN SOFT. 103816'N BAYFRONT HWY. e nz16'E I NArAr OPEN LOT A6 Kp. MEHPMEN comMTALAR .3126iFICis- 1,95256'N ERCI SOFT.MIXED D%3R) 9<W.]e'E 1.9]S.B$'N L895.dd'N TOTAL AREA12 ACRE NAIAI' S571.26'E SSWSPETNLArALAI" LOT AI OPEN TO INDUSTRIAL COMMERCIAL MI%EO DISTRICTS- O 20,000 SCUT IMC%.201 OTOTALAREAI]8]ACRES 785. 2aN a OPEN 3,785.54'E T1AIA1' 8. 444.2 '. 44021'E LOT A-1OPEN "Harm OPENTOINOUSTRIAL- LOMMFRC0 LMI%EODISTRICTS-0TAL SOFT. M3 ACRNigLARFAO,]]]ALRE KUAWA ST. LOT A-2 OPEN TO INDUSTRIAL OPEN COMMERCIAL MIXED DISTRICTS- 604el 0n00 SaF11IMO%-20)NIa11pe OPEN TOTAL AREA 0.605 ACRE LOT A-4 OPEN TO INDUSTRIAL- COMMERCIAL MIXED DISTRICTS• LOT AJ 20,000 SORT..IMC%30) OPEN TO INDUSTRIAL-OPEN TOTAL AREA 17,068 SOT.F COMMERCIL MIXED DISTRICTS- 20000 SO.T..IMCX-201 TOTAL AREA 0,122 ACRE OPEN OPEN Feet 0 100 200 400 600 800 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN TO INDUSTRIAL-COMMERCIAL MIXED DISTRICTS - 20,000 SQ. FT. (MCX-20) AT PIOPIO, WAIAKEA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-2-001:024,030,034,019,008,017 8 018 • DATE:March 2,2021 EXHIBIT"A" M.Anderson.N.Pilanaia,8 Kapoho Properties LLC Mao 1419 MARTIN ANDERSON DECLARATION OF TRUST, NORMAN ABRAHAM PI'IANAIA REV.LIV.TRUST,AND KAPONO KAPOHO PROPERTIES,LLC CHANGE OF ZONE APPLICATION(REZ-21-000243) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall comply with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply(DWS), the applicant(s) shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. In order to accommodate yard setbacks and minimum lot size requirements of the MCX- 20 zoning district, the applicant, its successors or assigns shall secure Final Subdivision approval to consolidate the seven (7) existing lots and re-subdivide into a maximum of four(4)new lots within two(2)years of the effective date of this ordinance. D. Prior to subdivision of any portion of the rezoned area, a Traffic Impact Analysis Report TIAR) shall be submitted for review and approval by the State Department of Transportation. The applicants shall implement, when required by the Department of Transportation, at no cost to the County, any transportation system improvements to Kamehameha Avenue that may be deemed necessary by the Department of Transportation. E. Access to Kamehameha Avenue and all driveway connections to County Streets shall conform to Chapter 22, County Streets of the Hawaii County Code and follow State roadway design standards as required by the Department of Transportation. F. A drainage study of the project site, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. G. The applicant shall comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. H. As required by the Director of the Department of Environmental Management (DEM), the applicant, its successors, or assigns shall conduct a sewer study prior to connection to the County sewer system. The applicant shall provide sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. I. Plan approval shall be required prior to the construction or installation of any new structure or development, or any addition to an existing structure or development according to Section 25-2-71(a)of the Zoning Code. J. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to the Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development K. 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. L. The applicant, its successors and/or assigns shall comply with all applicable County, State and Federal codes, laws, rules, regulations, and requirements for the proposed development, including the Department of Public Works, Department of Water Supply and Department of Health. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e, a condition to be performed within one year may be extended for up to one additional year). N. 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.