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HomeMy WebLinkAboutREVISED RECOMMENDATION AND CONDITIONS OF APPROVAL (REZ-21-000245)RWagncrlbosNREZ.IIc 6.1.21 JOHN A WAGNER AND CHARLENE Y IBOSHI CHANGE OF ZONE APPLICATION (REZ 21-000245) REVISED RECOMMENDATION AND CONDITIONS OF APPROVAL Following the applicant's request (Planning Department Exhibit la), the Planning Director and applicant have agreed to several revised conditions. With regards to Conditions B & G, the Planning Director is recommending to remove the change in tenancy timing trigger and replace with "addition to an existing structure or development in Condition B". Thus the timing triggers for Condition B & G would remain as either an establishment of a new permitted land use in the CG zoning district or any addition to an existing structure or development, which would be consistent with the Hawaii County Code Chapter 25 Section 25-2-71(a) Zoning Code requirements for Nan Approval. Concerns were also made of the existing width of the Kino`ole Street sidewalk frontage in Condition G. Staff conducted a site visit to verify the existing width of the Kino`ole Street sidewalk with planter strip that fronts the property. At the site visit, staff measured from the base of the existing wall to the edge of the sidewalk with planter strip to be just under 10 feet at 9.85 feet. Thus possibly not meeting the Department of Public Works 10 -foot wide sidewalk requirement. The Department of Public Works confirmed to the Planning Department that their intent was to install the sidewalk from the base of the existing wall to the edge of existing pavement, even if it is slightly less than 10 feet wide. Based on the preceeding, the Planning Director is recommending to add to Condition G "or as wide as the present property line and paved right of way will allow, and" to account for the existing width of the Kino`ole Street sidewalk. Lastly, with regards to Condition 0, there is a typographical error in which Condition K, relating to historic sites is incorrectly mentioned as the exception to the allowance for an initial extension of time for performance of conditions. The Planning Director is taking this time to correct the discrepancy to remove Condition K and replace it with Condition J relating to sewer connection. Therefore, the Planning Director finds it prudent to revise Condition B, G, and 0 of its favorable recommendation. As such, the Planning director recommends amending Condition B, Condition G and Condition 0 as follows: B. Plan approval shall be required prior to [change in tenancy for the existing office ase;] establishment of a new land use permitted within the CG zoning district, or any addition to an existing structure or development according to Section 25-2-7I(a) of the Zoning Code. A drainage study shall be prepared by professional civil engineer licensed in the State of Hawai`i 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 the Department of Public Works prior to receipt of a Certificate of Occupancy for the new use. G. Prior to the [ ] establishment of a new land use permitted in the CG zoning district, or any addition to an existing structure or development the applicants, successors, or assigns shall provide improvements to the subject property's entire Kino`ole Street frontage[s] consisting of a "full width" concrete sidewalk of 10 -foot width or as wide as the present property line and paved right of way will allow, and meeting with the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. G. An initial extension of time for the performance of conditions within the ordinance except for Condition [K]) 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 applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Due to requirements in Hawaii County Code Chapter 2I -County Sewers, the timing requirement for connection to the county sewer (Condition [K], is not eligible for an administrative time extension. 1 a.. ()dices of \ eh & K I '' lies n. planning Direct,: rnnh (11 11,14%,11.1 Hannon! I)cparLint l (1; Potain Stare!, Ste i fide. Hawaii 14020 Re C hinge of Zone Application 1I4.I/21.0002451 Request_ Single fantity Residential- I n.000 Square Feer (RS -f 0) tri (1-ne thiatie3elL „}.IV equate i CCL Il 11-7 '1 4ppltentrr /01c WaLIler and r harlot:: Ihtsht iahjcct. Regue-sivo (.lunges to C onus ,as 13 (1 and'() al the Dralt Conditions of Approval MK No 4_317.-N2 1124 022 Ifear 1):rectnr Kern n hohalt of John Wagrrel and (ha;'lene Ihosh.1 [.Applicant' . applicants belch) retin:11ulh tegaext cha;igev to Cnntliri•ms "Er, "G" anal "47 of the shalt Conditions lot pm ot d.. the -ust iacat tans Io, which art explained below. Aiieched hereto ave the trait itNaft ons lir Appr.r.a: with Applicant: requested .hunges(deieteal teat is stricken ass in havekats. ;udsed !CAI Is unser bled 1. With regard tui onJiti'ii " 11" and "(i", as t _ri. rhe urggeriog nicehan•sin lot holh the condnrrns tor plan antra:al gad vJ '' ilk nnprevements, .Anplicunts request that the language veferri nt to a "change in ten:tnck from the existing of use' be tin icken. this ret inion will aesouni for the <'.Inarinn where tate tenant.: etndd camgc without tins corresponding chance r.r expansion cif the currant use•. 1 hui, the triggering mechanism fur Kith .H Ihese cunotin .s 1arnd;l remain either the estahbshmcnl of a nets land use Nil the Cf i zoning district or ane addition to da exist nE, trucnhrc or desektpnient.'tnd as lor pan apprasal (tnder Condition- W consistent with the toning requirements kinder( mmt+ ( ode, Sec ..".5-2-"i tin) With egad 7.2 Commduic.n (i", a; Ln as the .i:Icnntk inyi;oscn'.e nt requltelnent to it full O -Gnat width. where the e sicanc paxement ins tiding the grassy arca. measures less than ten fret 49.R' feel per I )Yl4't Immo the present proper -1k line to the citrh edea, .Applicants iequeat 11 add the option tkintpr.c the sidewalks to the full 1 O -lost width or is wide a2 the pn^seri! rn 'try:mental pale) nghl of snit} COI allow 1 his change will account to the ex15l1ng w 01h and mead an) retuirentent that teould result in an encroachment into the nick wall on Applicant's proper) or onto the 10:1d/ray In addition. Applicant.; request that the p!ural nYrnatagcs'r ht changed to ! e cint, uiar "$antagt't en as le reduce cnntusren rtgardme the sidewalk arca required to he improves. Woh regard In Condition "0", it appears that the exception lo the atlnwance liter an initial extrusion of lime for performance of consiiions within the rxdirtunce is missiateJ as Condition Planning Dept. t4213°I Exhibit1q -- Law Offices of Yeh & Kim June I, 2021 Planning Department, County of Hawaii Page 2 K" (pertaining to a cease work mandate if surface or subsurface historic resources are found on the property) versus Condition "J" (pertaining to connecting the property to the public sewer within 180 days from the effective date of the ordinance), which mistake appears in two places in this Condition. Thus, Applicants request that this mistake be corrected in both places that it appears. We are grateful for the Planning Department's hard work and dedication on the Background Report and Recommendations in this matter and in working cooperatively with Applicants to try to address their concerns. Please do not hesitate to contact us if you have any questions or require any additional information. Very truly yours, LAW OFFICES OF YEH & KIM_— Encls. ec: John Wagner and Charlene Iboshi JOHN A WAGNER AND CHARLENE Y IBOSHI CHANGE OF ZONE APPLICATION (REZ 21-000245) CONDITIONS OF APPROVAL A. The applicant(s), its successor(s) or assign(s) shall be responsible for complying with all of the stated conditions of approval. B. Plan approval shall be required prior to [ - - - - - - fficcu• ..--,] establishment of a new land use permitted within the CG zoning district, or any addition to an existing structure or development according to Section 25-2-71(a) of the Zoning Code. A drainage study shall be prepared by professional civil engineer licensed in the State of Hawaii and submitted to theDepartment of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meetingwith the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy for the new use. C. Prior to the establishment of a new land use permitted in the CG zoning district, the applicants shall submit 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 Department of Water Supply in accordance with Rule 5 of the Department of Water Supply's Rules andRegulations. The applicants are responsible for maintaining valid water commitments until such time that required water facilities charges are paid in full. D. The applicants shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. E. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. F. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. G. Prior to the [ _ " - _ •' ' - ] establishment of a new land use permitted in the CG zoning district, or any addition to an existing structure or development, the applicants, successors, or assigns shall provide improvements to the subject property's entire Kino'ole Street frontage[s] consisting of a "full width" concrete sidewalk of l0-foot width or as wide as the present property line and paved right of way will allow, and meeting with the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. 11. Construction within the County right-of-way shall comply with Hawai i CountyCode, Chapter 22, County Streets. Should the applicants, successors, or assigns develop a land use which the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TZAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicants shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Lono Street and Kino'ole Street that may be deemed necessary by the Department of Public Works. J. The property shall connect to the public sewer in accordance with Section 21- 5 ofthe Hawaii County Code within 180 days of the effective date of this ordinance. If required by the Director of the Department of Environmental Management, theapplicants shall conduct a sewer study prior to connection to the County sewer system. The applicants shall provide sewer line or other facility improvements as the Director of Environmental Management may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. K. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the applicants shall cease work in the immediate vicinity of the find, protect the find from additionaldisturbance and contact the State Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become duc and payable prior to receipt of Final Plan Approval or Final Subdivision Approval, whichever is applicable, and shall be based on the actual number of additional residential units or lots created. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCP!). The fair share contribution shall have a combined value of $9,662.28 per multiple family residential unit or lot ($15,057.57 per single family residential unit or lot). The total amount shall be determined with the actual number of residential lots according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit or lot (single family residential unit or lot) shall be allocated as follows: 1. $4,766.13 per multiple family residential unit or lot ($7,261.03 per singlefamily residential unit or lot) to the County to support park and recreational improvements and facilities; 2. $150.63 per multiple family residential unit or lot ($350.27 per single family residential unit or lot) to the County to support police facilities; 3. $463.37 per multiple family residential unit or lot ($691.83 per singlefamily residential unit or lot) to the County to support fire facilities; 4. $206.52 per multiple family residential unit or lot ($302.89 per single family residential unit or lot) to the County to support solid waste facilities; and 5. $4,075.63 per multiple family residential unit or lot ($6,451.55 per singlefamily residential unit or lot) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the PlanningDirector, upon consultation with the appropriate agencies and approval of the County Council. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions includedherein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. The applicants, their successors and/or assigns shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements for theproposed development, including but not limited to the Fire Department, Department of Public Works, Department of Water Supply and Department of Health. O. An initial extension of time for the performance of conditions within the ordinance (except for Condition [{4]J) 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 applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Planor 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 periodoriginally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Due to requirements in flawai'i County Code Chapter 21 -County Sewers, thetiming requirement for connection to the county sewer (Condition [I4]J) is not eligible for an administrative time extension. P. 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.