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HomeMy WebLinkAboutPD Recommendation Report (PL-REZ-2026-000104.Amend REZ 727) -1- R_Talon_1_REZ_Amend COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION TALON 1 PROPERTIES LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 92-122 (PL-REZ-2026-000104 / Amend REZ 727) Upon careful review of the request to amend Change of Zone Ordinance No. 92-122, the Planning Director is recommending that a favorable recommendation to amend the ordinance to provide a five-year time extension to comply with Condition C (Final Plan Approval) and Condition D (Complete Construction) be forwarded to the Hawaiʻi County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter the recommendation. This recommendation is based on the following findings: The applicant, Talon 1 Properties LLC, has submitted an application requesting a five-year time extension to comply with Condition C, relating to Final Plan Approval, and Condition D, relating to commencement and completion of construction, of Change of Zone Ordinance No. 92-122. Ordinance No. 92-122 became effective on November 20, 1992, and changed the zoning of approximately 2.57 acres of land from Resort-Hotel 750 square feet (V-.75) to Limited Industrial-20,000 square feet (ML-20). The four parcels originally affected by the ordinance were subsequently consolidated into the present parcel identified as TMK: (3) 2-2-033:011. The applicant proposes to develop the property with a three-story self- storage warehouse containing approximately 93,603 square feet of enclosed floor area and approximately 98,500 square feet of total enclosed and covered area. The facility would contain approximately 264 individual storage units, two covered porte-cocheres, parking and loading areas, landscaping, drainage improvements, utility connections, and associated site improvements. The applicant also proposes to extend the presently undeveloped portion of Mililani Street north of -2- Piʻilani Street to County dedicable standards and extend the County sewer line from its existing terminus near the Piʻilani Street/Mililani Street intersection. The estimated project cost is approximately $5 million. A Special Management Area Use Permit application, PL-SMA-2025-000085, is being processed concurrently for the proposed development. The original Change of Zone was approved in connection with a proposal by Suisan Company, Ltd. to relocate a fish processing, warehouse, and office operation to the subject lands. Prior to the Change of Zone, the Hawaiʻi County Council adopted Resolution No. 151-90 requesting that the Planning Director study the feasibility of redesignating the subject area from Medium Density Urban to Industrial on the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. General Plan Amendment Ordinance No. 91-72 subsequently became effective on July 24, 1991, redesignating the subject property from Medium Density Urban to Industrial. Change of Zone Ordinance No. 92-122 followed in 1992, establishing the ML-20 zoning. Final approval of Consolidation (SUB 831-Revised) was granted on October 24, 1994, consolidating the four parcels affected by Ordinance No. 92-122 into the present parcel. However, the proposed fish-processing development was never completed, and the time limitations contained in Conditions C and D subsequently expired. In 2018, the former property owner, Piilani Partners, LLC, sought an amendment to the same ordinance for additional time to satisfy Conditions C and D in connection with a proposed potable water well and commercial bottling facility. On December 6, 2018, the Windward Planning Commission recommended approval of a five-year time extension, finding that the prior non-performance was attributable to circumstances beyond the applicant’s control and that an extension would not be contrary to the General Plan or Zoning Code. However, the County Council did not approve the requested time extension. Therefore, the time requirements contained in Conditions C and D of Ordinance No. 92-122 were not extended and remain expired. The current request again seeks five additional years to allow development of the property under its existing ML-20 zoning. -3- 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. The development deadlines established by Ordinance No. 92-122 expired many years before Talon 1 Properties acquired an interest in and initiated development of the subject property. The failure of the original fish-processing proposal and subsequent development proposals to proceed occurred under previous ownership and was not attributable to the current applicant. Since pursuing development of the property, the current applicant has undertaken substantial planning and environmental review work necessary to establish a new use on the site. The applicant has prepared project plans, a Traffic Impact Analysis Report, an Archaeological Inventory Survey, a Cultural Impact Assessment, biological studies, a Storm Water Pollution Prevention Plan, and other supporting environmental documentation. A Final Environmental Assessment and Finding of No Significant Impact for the Talon 1 Properties Self- Storage Warehouse was published in the September 8, 2025, edition of The Environmental Notice. The applicant is also pursuing the Special Management Area Use Permit and other land use approvals necessary to proceed with the project. Given that the existing time limitations expired before the current applicant assumed responsibility for development of the property, and considering the applicant’s subsequent efforts to advance a specific development proposal through environmental and land use review, the Planning Director finds that the historical non-performance was not the result of fault or negligence by the current applicant. A five-year extension would provide a reasonable period to complete Final Plan Approval and construction of the proposed facility. Granting of the time extension would not be contrary to the original reasons for granting the Change of Zone. Although the specific development presently proposed differs from the fish-processing, warehouse, and office facility contemplated when Ordinance No. 92-122 was adopted, the fundamental land use action authorized by the ordinance was the establishment of industrial zoning on -4- the subject property. The County Council first amended the General Plan LUPAG designation of the property from Medium Density Urban (mdu) to Industrial (ind) through Ordinance No. 91-72 and subsequently rezoned the property to Limited- Industrial (ML-20) through Ordinance No. 92-122. The original rezoning recognized the suitability of industrial uses on the property notwithstanding the surrounding mixture of recreational, commercial, residential, and open-space uses. Industrial and warehouse-related activities had also historically occurred on portions of the subject property. While the original proposal was intended to support Suisan Company’s fish-processing operation and associated fishing industry activities, the current ordinance established an ML- 20 zoning district rather than a project-specific land use designation. The proposed self-storage warehouse is an industrial storage use consistent with the types of uses contemplated within the Limited Industrial zoning district. It would continue the industrial land use designation established by the General Plan and Zoning Code rather than introducing residential or other development inconsistent with the existing Industrial LUPAG designation. Therefore, while the specific project has changed, granting additional time to develop the site with an industrial storage use would not be contrary to the underlying land use rationale for establishing the ML-20 zoning. The Planning Department also notes that the subject zoning has existed since 1992 and that the County has subsequently reviewed another industrial development proposal for the property. In December 2018, the Windward Planning Commission recommended a five-year extension of Conditions C and D for a proposed water bottling and warehouse facility. However, the County Council did not approve the requested amendment, and the proposed five-year extension therefore did not become effective. As a result, the time requirements contained in Conditions C and D of Ordinance No. 92-122 remain expired. In commenting on the present applications, the State Office of Planning and Sustainable Development acknowledged this prior action and stated that the requested five- year time extension is justified for the proposed self-storage warehouse project. -5- Granting of the proposed amendment would not be contrary to the 2005 General Plan, Community Development Plan or Zoning Code. The subject property is designated Industrial on the General Plan LUPAG Map. The Industrial designation provides for uses including manufacturing and processing, wholesaling, large storage and transportation facilities, and light industrial and industrial-commercial activities. The proposed self-storage warehouse is consistent with the storage component of this designation. The General Plan is intended to serve as a policy guide for the coordinated growth and development of the County and to provide for an appropriate distribution of residential, commercial, industrial, agricultural, and open-space uses. The request is consistent with the following applicable land use objectives and policies of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Allocate appropriate zoning in accordance with the existing or projected needs of neighborhoods, communities, regions, and the County. • Encourage the development and maintenance of communities meeting the needs of their residents in balance with the physical and social environment. • Achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. • Encourage the development of industrial facilities in appropriate locations where necessary infrastructure and public services are available. • The proposed amendment does not change the existing ML-20 zoning or expand the area zoned for industrial use. Rather, the request provides additional time to implement a zoning classification that has existed for more than three decades and remains consistent with the Industrial LUPAG designation. The Hilo Community Development Plan, adopted in 1975, identifies the vicinity for multi-family residential development and recommends that nearby lands associated with recreational resources remain in open space. However, the Community Development Plan predates General Plan Amendment Ordinance No. -6- 91-72 and Change of Zone Ordinance No. 92-122, through which the County Council subsequently designated and zoned the subject property for industrial use. The proposed amendment does not alter the boundaries of the existing industrial district or extend industrial zoning into surrounding Open, Resort-Hotel, Commercial, or Residential districts. The subject property is currently zoned Limited Industrial-20,000 square feet (ML-20). Properties farther north, west, and southwest are primarily zoned Resort-Hotel, Safety-750 square feet (V-S-.75); the Wailoa River State Recreation Area and Hoʻolulu Park complex are zoned Open; and properties south and southeast of the site are primarily zoned General Commercial-7,500 square feet (CG-7.5). The surrounding area therefore contains a mixture of recreational, open- space, commercial, residential, and industrial-related land uses. The proposed development is compatible with the intent of the ML district, which accommodates limited industrial and related uses while providing separation and development standards intended to minimize adverse effects upon surrounding properties. The proposed building would have a height of approximately 41 feet 8 inches, below the 45-foot height limit applicable to the district. Final site design, landscaping, parking, access, lighting, drainage, and other development details will be subject to review through the concurrent Special Management Area Use Permit and subsequent Plan Approval processes. Subsequent to acceptance of this application, the County adopted the General Plan 2045 through Ordinance No. 26-44, which became effective on June 26, 2026. Because the subject application was accepted and processing commenced prior to the effective date of General Plan 2045, this request is being evaluated for consistency with the 2005 General Plan. Nevertheless, the Planning Department has also reviewed the request in relation to General Plan 2045 to determine whether the proposed amendment would conflict with the County’s current long-range land use policies. General Plan 2045 itself recognizes that its land use maps are forward-looking, long-range guides, are subject to existing zoning and State Land Use District classifications and are not retroactive or intended to change existing zoning. -7- The requested amendment is also consistent with the relevant land use policies and development pattern established by General Plan 2045. The new Plan establishes a Light/Service Industrial (LI) land use designation for uses including business parks, research and development centers, product assembly, distribution centers, laboratories, cottage industries, and other light service industrial activities, and specifically identifies ML and MCX zoning as compatible zoning districts. More specifically, General Plan 2045 identifies Waiākea Houselots as an existing Service and Innovation Industrial Center, characterized by Light Industrial land uses and compatible ML and MCX zoning. The standard guidelines describe these areas as appropriate for business and industrial uses that are not considered noxious or heavy industrial, are located close to population centers, and are situated on reasonably level land with access to paved roads. The proposed self- storage warehouse is consistent with this service-oriented industrial character and does not involve heavy manufacturing, processing, or other potentially noxious industrial activity. General Plan 2045 also directs growth toward existing urban areas served by infrastructure. Policy 13.2 prioritizes increased density, rehabilitation, and redevelopment within existing zoned urban areas already served by, or located near, basic infrastructure. The Plan further supports planning for appropriate industrial/business parks and directs industrial development to areas adequately served by transportation, utilities, and other essential infrastructure. Of particular relevance, Policy 13.34 supports locating regional-scale industrial and warehouse sites near major transportation corridors, airports, and harbors, while Policy 13.38 calls for mitigation of industrial impacts on surrounding uses through landscaping, trees, open space, buffer areas, and other appropriate conditions. The subject property is an existing ML-20 zoned parcel within the urbanized Hilo area and is located near existing roads, water, sewer, commercial, recreational, and other public infrastructure. The proposed project would utilize an existing industrially zoned parcel rather than establish a new industrial district or extend industrial development into undeveloped rural or natural lands. Necessary mitigation relating to landscaping, visual compatibility, drainage, access, and other -8- potential effects on surrounding recreational, commercial, and residential uses can be addressed through the concurrent Special Management Area Use Permit, Plan Approval, and other applicable development approvals. The proposed development is also generally consistent with General Plan 2045 policies concerning infrastructure and natural hazards. The Plan requires adequate on-site infrastructure for development, including water, wastewater, and multimodal infrastructure, and directs that natural hazards be considered in land use planning and permitting. The subject property is located within Flood Zone X, and the project proposes connections or extensions to existing County water and wastewater infrastructure. DWS has indicated that water can be made available subject to satisfaction of its requirements, including determination of necessary water system and fire-protection improvements. General Plan 2045 similarly directs that water distribution improvements be adequately sized for fire protection and that new development reduce water demand, retain runoff, decrease flooding, and recharge groundwater where practicable. Therefore, although General Plan 2045 was adopted after acceptance of the subject application and is not the General Plan under which the requested amendment is being evaluated, the Planning Director finds that the proposed five- year time extension and contemplated self-storage development are not contrary to, and are generally consistent with, the land use pattern, industrial development policies, infrastructure objectives, and hazard-resiliency principles established by General Plan 2045. Adequate infrastructure and public services can be provided to serve the proposed development. The Department of Water Supply (DWS) indicated that water can be made available from an existing six-inch waterline within Piʻilani Street and stated that it has no objection to the proposed five-year time extension, subject to the applicant satisfying DWS requirements. DWS requires that water usage calculations prepared by a professional engineer be submitted for review and approval to determine any required water system improvements, facilities charges, meter requirements, and other conditions of water service. DWS also requires installation of an appropriate reduced-pressure backflow prevention -9- assembly. DWS further noted that the existing six-inch waterline in Piʻilani Street and eight-inch waterline in Manono Street are inadequate to provide the 2,000 gallons-per-minute fire-flow requirements contained in DWS Water System Standards. Any required fire-protection improvements will therefore need to be addressed during subsequent design and agency review by the Fire Department and DWS. The accompanying conditions of approval will require compliance with DWS requirements. The Department of Public Works, Engineering Division, has not provided comments on the current amendment request as of the date of this report. During review of the 2018 amendment request, however, DPW recommended that the portion of Piʻilani Street fronting the subject property be improved to commercial standards, including concrete sidewalks, curbs, gutters, and drainage improvements. DPW also recommended participation in or a fair-share contribution toward future improvements to the unimproved portion of Mililani Street, together with appropriate drainage and traffic-control improvements. These requirements are generally consistent with Conditions H and I of Ordinance No. 92-122. Piʻilani Street presently has an approximately 60-foot-wide right-of-way and 22-foot-wide pavement. Although the existing right-of-way width meets the minimum 60-foot standard for an urban business and industrial street under Section 23-41 of the Hawaiʻi County Code, the existing pavement width does not meet the 36-foot minimum pavement standard. Accordingly, roadway improvements will be addressed through conditions of approval and subsequent review by the Department of Public Works. Wastewater from the proposed self-storage facility will be relatively limited and is proposed to be conveyed to the County wastewater system through an extension of the existing sewer line near the Piʻilani Street/Mililani Street intersection. The Department of Environmental Management may require additional sewer analysis or improvements prior to connection; however, DEM did not submit comments on either application. The applicant will remain responsible for complying with all applicable wastewater requirements. -10- A Traffic Impact Analysis Report (TIAR) was prepared for the proposed project and evaluated existing traffic conditions and future conditions with and without the project. Existing study intersections generally operate at acceptable levels of service. Future traffic growth may warrant improvements to the Manono Street/Piʻilani Street intersection independent of or in combination with project- related traffic, and the analysis recommends continued monitoring and potential future intersection improvements. The Hawaiʻi Police Department reviewed the proposed amendment and does not anticipate significant traffic or public-safety concerns. The proposed project will also involve improvement and extension of Mililani Street along the western side of the subject property to County dedicable standards. Access, roadway improvements, drainage, and other infrastructure will remain subject to the approval of the applicable County agencies through subsequent project review. The request is not contrary to Chapter 205A, Hawaiʻi Revised Statutes, relating to Coastal Zone Management. The entire subject property is situated within the County’s Special Management Area; therefore, approval of the zoning amendment alone will not authorize development of the site. The applicant has concurrently submitted Special Management Area Use Permit Application PL- SMA-2025-000085, which will separately evaluate the proposed development against the objectives, policies, and Special Management Area guidelines of Chapter 205A, HRS, and Planning Commission Rule 9. The subject property is approximately 625 feet east of the Wailoa River/Waiākea Fishpond and approximately 2,300 feet from the mouth of the Wailoa River at Hilo Bay. The property is not a shoreline parcel and is located within Flood Zone X. The Final Environmental Assessment concluded that the proposed development would not result in significant impacts to recreational resources, public access, coastal resources, or other environmental resources, subject to implementation of identified mitigation measures. The Office of Planning and Sustainable Development reviewed the concurrent SMA Use Permit application and acknowledged the justification for the -11- requested five-year zoning time extension. OPSD also recommended consideration of Low Impact Development measures for stormwater management and consultation with the State Department of Health Clean Water Branch regarding National Pollutant Discharge Elimination System requirements if the project disturbs one acre or more. These issues will be addressed through the SMA Use Permit and subsequent development approvals. In view of the Hawaiʻi State Supreme Court’s PASH and Ka Paʻakai O Ka ʻĀina decisions, the issue relative to Native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and associated traditional and customary practices of the site. 1. Investigation of valued resources: A Cultural Impact Assessment was prepared for the project in September 2023 and evaluated the historical and cultural setting of Waiākea Ahupuaʻa and the Hilo Bay area. An Archaeological Inventory Survey was also completed for the subject property and reviewed through the State Historic Preservation Division process. Biological and environmental studies were completed as part of the Final Environmental Assessment. 2. The valued cultural, historical, and natural resources found in the rezoning area: The Archaeological Inventory Survey identified one historic site consisting of a concrete slab interpreted as a historic foundation or walkway associated with previous industrial activity on the property. The site was determined significant for its information content and was adequately documented through mapping, written descriptions, and photography. No further work or preservation was recommended. Several displaced isolated objects associated with historic activity were also documented but were not identified as significant historic properties. The Cultural Impact Assessment documents the broader historical and cultural significance of Waiākea Ahupuaʻa, including the importance of the Wailoa River/Waiākea Fishpond and surrounding coastal and freshwater resources. However, the subject parcel has experienced substantial historic -12- disturbance and industrial/warehouse-related use, and no ongoing traditional and customary Native Hawaiian practices were identified as occurring on the project parcel. A biological survey did not identify any threatened or endangered plant or animal species on the subject property. The property has also been previously cleared and disturbed. 3. Possible adverse effect or impairment of valued resources: Based on the archaeological, cultural, biological, and environmental investigations completed for the project, there is no evidence that the requested zoning time extension itself will adversely affect or impair valued cultural, historical, or natural resources or the exercise of traditional and customary Native Hawaiian rights. The amendment would extend the time available to satisfy conditions of an existing zoning ordinance and does not itself authorize physical development. Potential effects associated with construction and operation of the proposed self-storage facility are being evaluated through the concurrent SMA Use Permit application and will remain subject to applicable historic preservation and environmental requirements. 4. Feasible actions to protect Native Hawaiian rights: No specific traditional or customary practices have been identified on the subject property that would require additional protective action as part of the requested amendment. However, should previously unidentified cultural resources, archaeological resources, human remains, or evidence of traditional and customary practices be encountered during development, work within the affected area shall cease and the appropriate agencies shall be contacted in accordance with applicable State law and permit conditions. The requested amendment is reasonable in duration and scope. The applicant requests five years to satisfy outstanding requirements for Final Plan Approval and completion of construction. Considering the scale of the proposed development, the need to obtain a concurrent SMA Use Permit and subsequent infrastructure and construction approvals, and the applicant’s substantial completion of environmental and technical studies, five years is considered a reasonable period within which to proceed. -13- The amendment also provides an opportunity to update the conditions of Ordinance No. 92-122 to reflect the current development proposal and current standard condition language. Conditions that were specific to the original fish- processing facility or have already been satisfied may be deleted or revised as appropriate, while applicable requirements relating to access, roadway improvements, drainage, water, wastewater, agency approvals, and timely completion of the project should be retained or updated. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with development of the subject property prior to commencement or establishment of the proposed use. These requirements include, but are not limited to, approval of the concurrent Special Management Area Use Permit, Final Plan Approval, grading and grubbing permits, building permits, wastewater approvals, Department of Water Supply requirements, applicable State Department of Health permits, compliance with the Fire Code, and applicable accessibility requirements. Compliance with all applicable governmental requirements shall remain a condition of approval. Based on the preceding findings, the Planning Director recommends that a favorable recommendation to amend Change of Zone Ordinance No. 92-122 to provide a five-year time extension to comply with Condition C (Final Plan Approval) and Condition D (Complete Construction) be forwarded to the Hawaiʻi County Council. The accompanying draft bill to amend Ordinance No. 92-122 is provided for consideration. The proposed conditions should also be updated as necessary to reflect the current development proposal, current agency requirements, and standard condition language. COUNTY OF HAWAI‘I STATE OF HAWAI‘I BILL NO. (Planning Department) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 92-122, WHICH AMENDED SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL, SAFETY (V-S-.75) TO LIMITED INDUSTRIAL (ML-20) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY NOS. 2-2-033:011, 12, 19, AND 20. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Section 2 of Ordinance No. 92-122 is amended to read as follows: “SECTION 2. [This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall comply with all of the stated conditions of approval. B. Final consolidation approval of the subject properties shall be secured within one year from the effective date of the change of zone. C. Final plan approval for the proposed fish processing/ warehouse/office facility and related improvements shall be secured from the Planning Department within one year from the date of Final Consolidation Approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 {Zoning Code), plans shall be submitted a minimum of forty-five {45) days prior to the date for which plan approval must be secured. Plans shall indicate proposed structures, landscaping and parking associated with the proposed development. D. Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter. - 2 - E. In the design and review of any improvements, due consideration shall be given to the minimization of noise and adverse visual impacts through appropriate siting, height, bulk, color schemes, signage, and landscaping. F. Access to the project site shall meet with the approval of the Department of Public Works. G. The method of sewage and solid waste disposal shall meet with the approval of the appropriate governmental agencies. H. That portion of Piilani Street fronting the project site shall be improved to commercial standards. This improvement shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development. I. Upon the development of parcels along the unconstructed portion of Mililani Street in the immediate vicinity of the subject properties, the applicant shall either participate in the construction of Mililani Street or a fair share contribution of its construction (280 feet) at a time and in a manner meeting with the approval of the Department of Public Works. J. A drainage system, if required, shall be installed meeting with the approval of the Department of Public Works. K. Comply with all applicable laws, rules, regulations and requirements, including those of the Departments of Public Works, Health and Fire. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance. M. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this Change of Zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. N. An 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 - 3 - 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); and 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. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. This approval does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies.] 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” - 4 - 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 this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I BY REQUEST OF THE: Planning Director _______________, Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: C_Talon_1_REZ_Amend COUNTY OF HAWAIʻI PLANNING DEPARTMENT CONDITIONS OF APPROVAL TALON 1 PROPERTIES LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 92-122 (PL-REZ-2026-000104 / Amend REZ 727)_________________________________ [(A) the applicant, its successors or assigns shall comply with all of the stated conditions of approval; (B) final consolidation approval of the subject properties shall be secured within one year from the effective date of the change of zone; (C) final plan approval for the proposed fish processing/ warehouse/office facility and related improvements shall be secured from the Planning Department within one year from the date of Final Consolidation Approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 {Zoning Code), plans shall be submitted a minimum of forty-five (45) days prior to the date for which plan approval must be secured. Plans shall indicate proposed structures, landscaping and parking associated with the proposed development; (D) construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter; (E) in the design and review of any improvements, due consideration shall be given to the minimization of noise and adverse visual impacts through appropriate siting, height, bulk, color schemes, signage, and landscaping; (F) access to the project site shall meet with the approval of the Department of Public Works; (G) the method of sewage and solid waste disposal shall meet with the approval of the appropriate governmental agencies; (H) that portion of Piilani Street fronting the project site shall be improved to commercial standards. This improvement shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development; (I) upon the development of parcels along the unconstructed portion of Mililani Street in the immediate vicinity of the subject properties, the applicant shall either -2- participate in the construction of Mililani Street or a fair share contribution of its construction (280 feet) at a time and in a manner meeting with the approval of the Department of Public Works; (J) a drainage system, if required, shall be installed meeting with the approval of the Department of Public Works; (K) comply with all applicable laws, rules, regulations and requirements, including those of the Departments of Public Works, Health and Fire; (L) should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (M) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this Change of Zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and (N) an 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); and 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. Further, should any of the conditions not be met or substantially complied -3- with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation.] A. The applicant, its successors or assigns (“Applicant”) shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development, or other development/use as permitted by its zoning district classification, shall be completed within five (5) years from the effective date of this ordinance. The time during which required plans, reports, studies, or relevant permit applications are under review for approval by governmental agencies shall not count toward the five-year completion deadline established by this condition. To justify such tolling, the Applicant shall provide evidence of the excluded time period to the Planning Department for review and approval. Such evidence shall consist of dates obtained from a governmental agency website, permitting program, or office indicating when the required plans, reports, studies, or permit applications were submitted, approved, denied, or returned by the governmental agency. C. Prior to construction, the Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai‘i County Code. Plans shall identify all existing and/or proposed structures, paved driveway access, parking stalls, landscaping, and other improvements associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department Rule No. 17 (Landscaping Requirements) and Chapter 25, Hawai‘i County Code. D. 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 prepared by a professional engineer licensed -4- in the State of Hawai‘i to the Department of Water Supply (DWS). A water commitment deposit shall be paid to the DWS within one hundred and eighty (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. E. The Applicant shall install a reduced-pressure type backflow prevention assembly as required by the Department of Water Supply. The backflow prevention assembly shall be installed by a licensed contractor within five (5) feet of the water meter on private property and shall be inspected and approved by the Department of Water Supply prior to commencement of water service. F. The Applicant shall contact the County Fire Department to determine the appropriate fire protection requirements or alternatives to provide the required fire flow to be installed prior to the issuance of a Certificate of Occupancy. G. All driveway connections to Piʻilani Street shall conform to Chapter 22, County Streets, Hawai‘i County Code, and shall meet with the approval of the Department of Public Works. H. The portion of Piʻilani Street fronting the subject property shall be improved to commercial standards, including roadway and associated frontage improvements as required by the Department of Public Works. Such improvements shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. I. The Applicant shall improve the unimproved portion of Mililani Street fronting or immediately adjacent to the subject property, in a manner meeting with the approval of the Department of Public Works. -5- J. The property shall connect to the public sewer in accordance with Section 21-5 of the Hawai‘i County Code prior to issuance of a Certificate of Occupancy. K. Prior to construction of any extension of the County sewer system, the Applicant shall obtain all approvals required by the Department of Environmental Management, including approval by County Council resolution pursuant to Section 21-26.1 of the Hawai‘i County Code, if applicable. L. If required by the Director of the Department of Environmental Management, the Applicant shall prepare a sewer study in accordance with applicable wastewater system design standards prior to approval to connect to the County sewer system. The Applicant shall construct any sewer line or other facility improvements identified by the study and required by the Department of Environmental Management. M. The sewer connection serving the development shall be accomplished via Piʻilani Street, unless otherwise approved by the Department of Environmental Management. N. Discharge of unpolluted water into the County sewer system is prohibited pursuant to Section 21-8 of the Hawai‘i County Code. O. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a professional civil engineer licensed in the State of Hawaiʻi and submitted to the Department of Public Works prior to issuance of Final Plan Approval. 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. P. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai‘i County Code. Q. A National Pollutant Discharge Elimination System (NPDES) permit and an Underground Injection Control (UIC) permit, if required, shall be secured -6- from the State Department of Health before the commencement of construction activities. R. 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 Applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) 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. S. The Applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. T. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this ordinance. The report shall address the status of the development and compliance with the conditions of approval. This condition shall remain in effect until all conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. U. An initial extension of time for the performance of conditions within this ordinance may be requested in accordance with Section 25-2-44, subsections (c) and (d), of the Hawaiʻi County Code. V. If any conditions have not been completed by the deadline, or if a time extension request has not been submitted in accordance with section 25-2- 44(c), the Planning Department shall inform the Applicant that the ordinance is null and void without further action by the County. In that event, the zoning designation of the property(s) affected by the ordinance shall automatically revert to its immediate prior zoning designation.