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HomeMy WebLinkAboutCOM 0332.000 2020-2022 OF sf Lee E.Lord Managing Director Mitchell D.Roth Mayor '• � Robert H.Command Departs Managing Director TE'CF M,'ii &UUN of Offs cue of fop An vor 25 Aupuni Street,Suite 2603 • Hilo,Hawai'i 96720 * (808)961-8211 Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawai'i 96740 (808)323-4444 . Fax(808)323-4440 June 30, 2021 Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Members: SUBJECT: Change of Zone Application (REZ 21-000245) Request: Single-Family Residential-10,000 Square Feet(RS-10) to General Commercial-7,500 Square Feet(CG-7.5) Applicant; John Wagner and Charlene Iboshi Tax Map Key: 2-2-024:022 As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, MITCHELL D. ROTH Mayor WouncilwagnerIboshiREZ21-245 Enclosures cc: Planning Department Comm. No. _ �J�'M Ref. To: County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date JUL 8 2021 �.�Y•OF lit Mitchell D.Roth �o� � John Replogle,Chair Mayor b6rG Gilbert Aguinaldo,Vice-Chair * s• Dean Au Lee E.Lord Managing Director *::' Joseph Clarkson •r':�� �` Michelle Galimba trf Of Mf�k Dennis Lin Thomas Raffipiy County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 JUN 2 8 2021 Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Change of Zone Application(REZ 21-000245) Request: Single-Family Residential-10,000 Square Feet(RS-10)to General Commercial-7,500 Square Feet(CG-7.5) Applicant; John Wagner and Charlene Iboshi Tax Map Key: 2-2-024:022 The Windward Planning Commission, at its duly held public hearing on June 3, 2021, recommended for your approval the proposed legislative bill for a Change of Zone from Single-Family Residential- 10,000 square feet (RS-10) to General Commercial-7,500 square feet (CG-7.5) zoning district for approximately 19,245 square feet of land. The property is located at 1290 Kino`ole Street, at the southwest (Puna-Mauka) corner of the Kino`ole and Lono Street intersection in Waiakea Houselots, Waiakea, South Hilo, Hawaii. The Windward Planning Commission voted to forward a favorable recommendation to the County Council as recommended by the Planning Director's recommendation and revised recommendation for Change of Zone Application REZ-21-000245 with the following condition changes: • Condition B (Plan Approval) - The Commission voted to adopt the Planning Director's revised recommendation to delete the change in tenancy timing trigger, "change in tenancy for the existing office use". Thus the timing trigger for Condition B 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 Plan Approval. • Condition G (Roadway Improvements) - The Commission voted to adopt the Planning Director's revised recommendation to delete the change in tenancy timing trigger, "change in Hawaii County is an Equal Opportunity Provider and Employer Maile David, Council Chair and Members of the County Council County of Hawaii Page 2 tenancy for the existing office use" and replace it with "addition to an existing structure or development". Thus the timing triggers for Condition B 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 Plan Approval. • Condition G (Roadway Improvements) - The Commission voted to adopt the Planning Director's revised recommendation to correct a typographical error, changing the word "frontages"to "frontage". • Condition G (Roadway Improvements) - The Commission voted to adopt the Planning Director's revised recommendation 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. • Condition O (Time Extension) - The Commission voted to entirely delete the Director's revised recommendation condition to time extensions as there was no condition within the Director's recommendation that had time limits. The ordinance conditions attached to this letter reflect the changes discussed above made by the Windward Planning Commission. The Commission concurs with the following Planning Director's recommendation and revised recommendation for a favorable consideration of the request: The applicants are requesting a Change of Zone from a Single-Family Residential — 10,000 square feet (RS-10) to General Commercial — 7,500 square feet (CG-7.5) zoning district for 19,295 square feet of land. The existing dwelling that is located on the subject property is currently being leased to the State of Hawaii Judiciary Branch for general office use, which includes the Child Advocacy Program and its related activities. The State of Hawaii has been leasing the subject property for its Child Advocacy Program general office uses and related activities since June 14, 1990. The applicant's recent rental agreement with the State of Hawaii is set to expire either on March 31, 2024 or within 120 days by written notice by either the tenant or landlord. The applicants are requesting to change the zoning to CG-7.5 in order to formalize the existing commercial use of the property as general office space for the landowner's lessee, the State of Hawaii and to allow for additional future land uses that are permitted in the CG District. Such change of zone will allow the landowners to continue the commercial use by future lessees and users as well as expand the pool of such users, should the current lease terminate thus providing greater commercial options to the surrounding community including the continued uses as general office space, as well as for potential use as a medical clinic. Maile David, Council Chair and Members of the County Council County of Hawaii Page 3 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 also be considered as they may have an impact on similar areas in the County. The change of zone request from an RS-10 to a CG-7.5 zoning district conforms to applicable goals,policies and standards of the General Plan and the Hilo Community Development Plan (CDP). 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 LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed CG-7.5 zoning conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the subject property as High Density Urban (HDU). Such designation allows general commercial, multiple family residential and related services (multiple family residential-up to 87 units per acre). In addition, the proposed CG-7.5 zoning is consistent with the following Land Use goals,policies, and standards of the General Plan: ■ Provide for commercial developments that maximize convenience to its users. ■ Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. ■ Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. ■ Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. ■ Preference shall be given to commercial lands with a reasonably level topography. The subject property is located at the southwest corner of the Kmo`ole Street and Lono Street intersection. The property is rectangular in shape with about 228 feet of frontage along Lono Street and 82 feet of frontage along Kino`ole Street. The topography is fairly level. According to tax records there is an existing single family dwelling and detached garage on the site that was constructed in 1925. Since 1990 the subject property has been used as office space for the site of the State of Hawaii Judiciary Branch's Children Maile David, Council Chair and Members of the County Council County of Hawaii Page 4 Advocacy Program and the Planning Department issued a zoning determination letter with conditions on May 10, 1990 to allow for the office use within the single family dwelling with conditions. The property is surrounded by a mix of commercial and residential uses. To the west, across Lono Street, there is a medical office that is zoned Neighborhood Commercial (CN- 10). To the north, across the Lono Street and Kino`ole Street intersection is a Credit Union on land zoned CG-20. Directly east, on land zoned CG-10 is a vacant lot. There are also some scattered single-family residences along Kino`ole Street. Located mauka from the subject property and directly behind is land zoned RS-10 and is used by the State of Hawaii for housing. The applicant will provide basic infrastructure needed to support commercial uses such as County potable water, connection to the County sewer system, sidewalk improvements along Kino`ole Street, and electrical service. Thus, the applicant's request is consistent with surrounding land uses and zoning and the goals, policies and standards of the General Plan. All essential utilities and services are available to the site. According to the Department of Water Supply (DWS), the subject property is serviced by an existing 5l8-inch meter, which is limited to an average daily usage of 400 gallons. The current meter is sufficient for the existing office use. County water is provided from an existing 8-inch waterline within Kino`ole Street which fronts the subject parcel. The 8-inch waterline is capable of providing the required pressure of 2,000 gallons per minute of water flow for fire protection for commercial zoning. The Department of Water Supply (DWS) requested that the applicants provide estimated maximum daily water usage calculations for the proposed commercial land use. Once the calculations are submitted, DWS will determine the appropriate water commitment deposit, prevailing facilities charge, and appropriate service lateral meter size required. Lastly, DWS will require the installation of a reduced pressure type backflow prevention assembly within five(5) feet of the meter on the subject property. As there is an existing office use permitted by a 1990 Planning Department Zoning determination(State of Hawaii Child's Advocacy Program) that remains in effect as long as the Child's Advocacy Program remains the tenant, the Planning Director is recommending that the existing office use permitted under this determination be allowed to continue without the applicant being required to provide updated water calculations and any associated water system improvements as may be required by the DWS. Instead, the Planning Director is recommending that the water calculations and any associated water system improvements be triggered in the event that a different land use permitted in the CG zoning is established on the subject property. Maile David, Council Chair and Members of the County Council County of Hawaii Page 5 Based on the proposed commercial zoning, the Department of Public Works (DPW) recommends that the applicant provide improvements to the subject property's entire Kino`ole Streets frontage consisting of a"full width" concrete sidewalk of ten(10)foot width meeting the requirement of the Americans with Disabilities Act and the approval of DPW. Similar to the water calculation determination above, the Planning Director is recommending a condition requiring the requested sidewalk improvements in the event that a different land use permitted in the CG zoning is established or there is an addition to an existing structure or development on the subject property. The proposed change of zone is not anticipated to generate over fifty trips. The anticipated number of future traffic to the property would not vary from the current use which has five(5) employees who work at the subject property daily with approximately four to six (4-6) clients at one time who visit the subject property five to six (5-6) times per month. Based on the preceding there are no traffic recommendations being made at this time. However, the Director is recommending adding a condition to require a Traffic Impact Analysis Report (TIAR) should the applicants or their successors develop a use that would exceed 50 peak hour trips in the future. The project site has no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. The property is located in flood zone "X"which is an area determined by FEMA to be outside the 500-year flood plain. DPW requires that all development generated runoff be disposed of on-site and not be directed toward any adjacent properties. All earthwork activity, including grading and grubbing, will need to conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. The preceding will be added as condtions of approval. According to the applicant, the subject property is currently connected to a cesspool. The subject property is accessible to the County sewer. The Department of Environmental Management(DEM)has indicated that any existing or new structure is required to connect to the public sewer within 180 days in accordance with Section 21-5 (Sewers) of the County Code. In addition, the Director of DEM may require the applicant to conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Finally, the applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. The preceding will be added as conditions of approval. There are no municipal waste collection services in the County. According to the application, solid waste will be disposed of the refuse at the county landfill in Hilo and eventually to the West Hawaii Sanitary Landfill. Electrical and telephone services are available to the property. Police and fire services and medical services are available nearby in Hilo. Maile David, Council Chair and Members of the County Council County of Hawaii Page 6 The request is not contrary to Chapter 205A,Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located over one and a half (1.5) miles from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. As the subject property was previous cleared, and given the suburban, developed nature of the surrounding area, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O 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 dwelling since its construction in 1925. The valued cultural, historical, and natural resources found in the rezoning area: According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. Possible adverse effect or impairment of valued resources: The subject property has been covered by development (single-family dwelling and related improvements) since 1925 and includes a large grassy lawn and landscaping and thus it is highly unlikely that the parcel contains threatened or endangered valued resources. Feasible actions to protect native Hawaiian rights: A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces,platforms,marine shell concentrations or human burials be encountered. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the Maile David, Council Chair and Members of the County Council County of Hawaii Page 7 subject properties. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the request to rezone the property from a Single-Family Residential-10,000 square feet (RS-10) to a General Commercial-7,500 square feet (CG-7.5) zoning district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code)of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Power Point presentation. A draft transcript of the hearing will to be provided under separate cover. Sincerely, 447&X�'e,�lp l John R. Replogle, Chairman Windward Planning Commission LwagnerlboshiREZ21-245wpc 1 Enclosures cc: Mr. Thomas L. H. Yeh, Esq. Ms. Jill D. Raznov, Esq. John Wagner& Charlene lboshi Department of Public Works Department of Water Supply Jean K. Campbell Esq., Corporation Counsel B WagnerlbosEREZAc.5.4.?1 COUNTY OF HAWAVI PLANNING DEPARTMENT BACKGROUND REPORT JOHN A WAGNER AND CHARLENE Y IB®SH1 CHANGE OF ZONE APPLICATION (REZ 21-000245) JOHN A WAGNER AND CHARLENE Y IB SHI have submitted an application for a Change of Zone from a Single-Family residential-10,000 square feet (RS-10)to a General Commercial-7,500 square feet (CG-7.5) zoning district for 19,295 square feet of land. The subject property is located at 1290 Kino`ole Street, at the southwest (Piina-mauk_+) confer oft�e Kino`ole and Mono Street intersection in Waiakea Houselots, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-024:022. PROPOSED ACTI®N 1. Applicants' Request: Change of Zone from Single-Family residential— 10,000 square feet (RS-10) to General Commercial—7,500 square feet (CG-7.5) zoning district for 19,295 square feet of land. According to the Zoning Code, the General Commercial district applies to an area suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city of a region.No CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct region. requirements for establishing a land use in the CG district, including a list of the variety of permitted land uses, are shown in Section 25-5-110 to 118 of the Hawaii County Code, Chapter 25 Zoning Code. (Planning Department Exhibit 1 —Zoning Coyle Requirements for General Commercial Districts) 2. Objectives of the Requests: The existing dwelling that is located on the subject property is currently being leased to the State of Hawaii Judiciary Branch for general office use, which includes the Child Advocacy Program and its related activities. The State of Hawaii has been leasing the subject property for its Child Advocacy Program general _ office uses and related activities since June 14, 1990. The applicant's recent rental agreement with the State of Hawaii is set to expire either on March 31, 2024 or within -i- f 120 days by written notice by either the tenant or landlord. The applicants are requesting to change the zoning to CCs-7.5 in order to formalize the existing commercial use of the property as general office space for the landowner's lessee, the State of Hawaii and to allow for additional fixture land uses that are permitted in the CCs District. Such change of zone will allow the landowners to continue the commercial use by future lessees and users as well as expand the pool of such users, should the current lease terminate thus providing greater commercial options to the surrounding community including the continued uses as general office space, as well as for potential use as a medical clinic. 3. Construction Timetable: The applicants hope to secure the County rezoning approval as soon as possible and no new construction is proposed at this time. 4. Landowner: John A Wagner and Charlene Y lboshi. 5. Supporting Information. (Planning Department Exhibit 2 - Change of Zone Application dated February 5, 2021) SUBJECT PROPERTY PERMIT HISTORY i 5. May 10, 1990: The Planning Department issued a determination in response to a zoning `- inquiry for the operation of the Children's Advocacy Center to be located on the subject property. The Planning Department made the determination with the provision that use of the subject property for the Children's Advocacy Center was permitted as a public service use. Also, the Children's Advocacy Center was to be the sole occupant of the structure and the office use was not transferrable. Lastly, the applicant was to acquire :Final Plan Approval from the Planning Department and any provisions to the request would require a re-evaluation. (Planning Department Exhibit 3-Zoning Inquiry Dated May 10, 1990) 7. June 13, 1990: Plan Approval (PA-2604) was granted for the landowner to operate the Children's Advocacy Center on the subject property. (Planning Department Exhibit 4- Plan Approval dated Juane 13, 1990) 8. August 15, 1990: The landowner applied for a Change of Use permit with the Department of Public Works Building Division to convert the single-family dwelling to be used as an office and was completed on October 29, 1990. While there are no records of a Certificate of Occupancy being completed, the Department of Public Works Building Division has verified that the landowner can request a Certificate of Occupancy to be -2- completed for the subject property at any time. STATE AND COUNTY PLANS 9. State Land Use Designation: Urban. 10. County Zoning: Single Family residential— 10,000 square feet (RS-10). 11. General Plan LUPAG Map: High Density Urban, which allows for general commercial, multiple family residential and related services (multiple family residential—up to 87 units per acre). 12. Filo Community Development Plan (CDP): The Hilo CDP was adopted by resolution No. 1 on May 21, 1975, identifies the area as RS-10 zoning for singlAafatnily residential development. 13. Special Management Area (SMA): The property is located over 1.5 miles from the nearest shoreline and is not situated within the Special Management Area. DESCRIPTION OF PROPERTIES AND SURROUNDING AREA r 14. Subject Property: The subject, 19,295 square foot property is located at the southwest corner of the Kino`ole Street and Lono Street intersection. The property is rectangular in shape with about 228 feet of frontage along Lono Street and 82 feet of frontage along lino`ole Street. The topography is fairly level. According to tax records there is an existing single family dwelling and detached garage on the site that was constructed in 1925. Since 1990 the subject property has been used as office space for the site of the State of Flawai`i Judiciary Branch's Children Advocacy Program and the Planning Department issued a zoning determination.letter on May 10, 1990 which allowed for the office use of the single family dwelling with conditions. 15. Surrounding Zoning/Land Uses: The property is surrounded by a mix of commercial and residential uses. To the west, across Lono Street, there is a medical office that is zoned Neighborhood Commercial (CIV-10). To the north, across the Lono Street and Kino`ole Street intersection is a Credit Union on land zoned C(3-20. Directly east, on land zoned CG-10 is a vacant lot. There are also some scattered single-family residences along Kino`ole Street. Located mauka from the subject property and directly behind is land zoned RS-10 and is used by the State of I-lawai`i for housing. -3- 16. U.S.D.A. Solt Survey: The soils are classified as Panaewa-Urban land complex soils with 2 to 10 percent slopes. The soil consists of volcanic ash over pahoehoe lava flows. The soil is considered moderately well drained with a high runoff class. 17. Flood Zone: The property is classified as Zone "X", (Asea of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system. 18. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the property due to the long-time residential use of the property and the urban character of the surrounding area. It is unlikely that rare or endangered floral or faunal resources are likely to be found within or proximate to the site. 19. Resources. No professional archaeological and cultural study was conducted of the property because it has been developed since the 1920`s with a residence. There are no known historic sites on the property as listed on the State or National Register of Historic Places. 20. Public Access: There is no public access to the mountains or the shoreline that traverses the property. 21. 'Traffic: According to the applicant, impacts to traffic and the surrounding area are minimal and the Change of Zone request will not lead to an increase in traffic. The anticipated number of future traffic to the property would not vary from the current use which has five (5) employees who work at the subject property daily with approximately four to six(4-6) clients at one time who visit the subject property five to six (5-6) times per month. However, should the change of zoning be approved, future permitted land uses in the Cts zoning district may generate over fifty(50)peak hour trips. Section 25-2- 46 (Concurrency Requirements) of the Zoning Code requires a Traffic Impact Analysis Report(TZAR) for any land use that will generate over 50 peak hour trips. PUBLIC UTILITIES AND SERVICES 22. Access: Access to the subject parcel is via a paved driveway from Lono Street. Lono Street is a County owned roadway that is not maintained and unimproved with the exception of the applicant's driveway which is situated within the right-of-way. Kino`ole Street is a County owned roadway that is maintained with a 60-foot wide right-of-way that is improved with a two lanes of pavement with four(4) foot wide concrete sidewalk fronting the property. Based on the proposed zoning, the Department of Public Works- 4- r t Engineering Division recommends that the applicant provide improvements to the subj ect property's entire Kino`ole Street frontage consisting of a"full width" concrete sidewalk of ten(10) foot width meeting the approval of the Department of Public Works. The driveway connections shall also conform to Chapter 22, County Streets, of the Hawaii County Code. 23. Water: According to the Department of Water Supply(DWS), the subject property is serviced by an existing 5J8-inch meter, which is limited to an average daily usage of 400 gallons. County water is provided via an existing 8-inch waterline within Kino`ole Street fronting the subject parcel. The 8-inch waterline is capable of providing the required pressure of 2,000 gallons per minute of water flow for fire protection for commercial zoning. The Department of Water Supply(DWS) will determine the appropriate water commitment deposit,prevailing facilities charge, and appropriate service lateral meter size required once the applicant provides estimated maximum daily water usage calculations for the proposed commercial land use. Lastly, DWS will require the - installation of a reduced pressure type backflow prevention assembly within five (5) feet of the meter on the subject property. 24. Wastewater: According to the applicant, the subject property is currently connected to a cesspool. The subject property is accessible to the County sewer. The Department of Environmental Management(DEM) indicates that any existing or new structure is required to connect to the public sewer in accordance with Section 21-5 (Sewers) of the Hawaii County Code. In addition, the Director of DEM may require the applicant to conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Finally the applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. 25. Solid Waste: There is no municipal waste collection services in the County. The applicant states that solid waste will be handled at the county landfill in Hilo. Refuse collected at the Hilo landfill will be eventually transported to the West Hawaii Sanitary Landfill. -5- r 26. Essential Utilities and Services: All essential utilities are available to the property. Police and fire services are available nearby in filo. AGENCIES' COMMENTS 27. Department of Public Works-Engineering Division (Planning Department Exhibit 5 —April 5, 2021 Memo). 28. Department of Water Supply: (Planning Department Exhibit 6—April 12,2021 Letter) 29. Department of Environmental Management: (Planning Department Exhibit 7— March 295 2021 Memo) 30. Fire Deportment: (PInnning Depm-tment Exhibit 8— M22-eh 19, 2021 Hemi) 31. State Department of Health: (Planning Department Exhibit 9 —April 6, 2021 Memo) AGENCIES AND ORGANIZATIONS —NO COMMENT/CONCERNS 32. Police Department; State Department of Land and Natural Resources—Engineering Division; State Department of Land and Natural Resources—Land Division. AGENCIES AND ORGANIZATIONS -NO RESPONSE 33. Department of Public Works-Building Division; Finance Department-Real Property Tax Division. APPLICANT'S RESPONSE TO AGENCY COMMENTS 34. Letter dated April 21, 2021 from the Law Offices of i'eh & Kim to Department of Water Supply (Planning Department Exhibit 10) PUBLIC COMMENTS MENTS 35. None as of the date of this writing. -6- 25-5-108 HAWAi i COUNTY CODE (c) Exceptions to the regulations for the CN district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 11; am 2015, ord 15-33, sec 4.) Division 11. CG, General Commercial Districts. Section 25-5-110. Purpose and applicability. (a) The CG (general commercial) district applies to an area suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city or a region. (b) No CG district shall be established until there is a demonstrated need for Such action and no two GG districts shall be established in such relationship to each other that they cannot au as one confer and yet are too close together to serve two distinct regions. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-111. Designation of CG districts. Each CG (general commercial) district shall be designated by the symbol"C(3" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-112. Permitted uses. (a) The following uses shall be permitted uses in the CG district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Art studios. (5) Automobile service stations. (6) Automobile sales and rentals. (7) Bars, nightclubs and cabarets. (8) Bed and breakfast establishments, as permitted under section 25-4-7. (9) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (10) Broadcasting stations. (11) Business services. (12) Car washing, provided that if it is mechanized, sound attenuated structures or sound attenuated walls shall be erected and maintained on the property lines. (13) Catering establishments. (14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. 25-104 Planning : : , Exhibli ..--- _ --- ZONING § 25-5-112 (15) Churches, temples and synagogues. (16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. (17) Commercial parking lots and garages. (18) Community buildings, as permitted under section 25-4-11. (19) Convenience stores. (20) Crematoriums, funeral homes, funeral services, and mortuaries. (21) Crop production. (22) Day care centers. (23) Misplay rooms for products sold elsewhere. (24) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (25) Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit, (26) Dwellings, single-family. (27) Equipment sales and rental yards, and other yards where retail products are displayed in the open. (28) Family child care homes. (29) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the _ director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (30) Financial institutions. (31) Group living facilities. (32) Home occupations, as permitted under section 25-4-13. (33) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. (34) Hotels. (35) Ice storage and dispensing facilities. (36) Laboratories, medical and research. (37) Laundries. (38) Light manufacturing, processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. (30) Medical clinics. (40) Meeting facilities. (41) Model homes, as permitted under section 25-4-8. (42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (43) Offices. 25-105 § 25-5-112 HAwAi`i COUNTY CODE (44) Personal services. (45) photography studios. (46) Public uses and structures, as permitted under section 25-4-11. (47) Printing shops, cartographing and duplicating processes such as blueprinting or photostating shops. (48) repair establishments, minor. (49) Restaurants. (50) Detail establishments. (51) Schools. (52) Short-term vacation rentals. (53) Telecommunication antennas, as permitted under section 25-4-12. (54) Theaters. (55) Time share units. (56) Utility substations, as permitted under section 25-4-11. (57) Veterinary establishments. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CG district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Major outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities. (c) Residential uses in connection with the operation of any permitted use shall be permitted in the CG district. (d) Buildings and uses normally considered accessory to the uses permitted in this section shall also be permitted in the CG district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 13; am 2014, ord 14-86, sec 11; am 2018, ord 18-114, sec 11.) Section 25-5-113. Height limit. (a) The height limit in the CG district shall be forty-five feet, except in those areas designated in subsection (b) below. (b) The height limit in the City of Nilo shall be one hundred twenty feet. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2002, ord 02-88, sec 2.) Section 25-5-114. Minimum building site area. The minimum building site area in the CG district shall be seven thousand five hundred square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) SUPP. 6 (7-2019) 25-106 ZONING § 25-5-115 , Section 25-5-115. Minimum building site average width. Each building site in the CG district shall have a minimum building site average width of sixty feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-116. Minimum yards. The minimum yards in the CG district shall be as follows: (1) Front or rear yards, fifteen feet; and (2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-1.17. Lan�dseaping of yards. (a) All front yards in the CG district shall be landscaped, except for necessary access drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. (b) Where any required side or rear yard in the CG district adjoins a building site in an RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways, and except for the ~~l construction of one single-family dwelling and accessory buildings per lot. / (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 12.) Section. 25-5-116. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the CG district, except for construction of one single-family dwelling and any accessory buildings per lot. (b) Exceptions to the regulations for the CG district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 13; am 2015, ord 15-33, sec 4.) Division 12. CV,Village Commercial Districts. Section 25-5-120. Purpose and applicability. The CV (village commercial) district provides for a broad range or variety of commercial and light industrial uses that are necessary to serve the population in rural areas where the supplementary support of the general business uses and activities of a central commercial district is not readily available. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-107 CHANGE OF ZONE APPLICATION APPLICANTS- John A. Wagner and Charlene Yo lboshl AGENT: Thomas L.H. Yeh, Esq® and Jill D. Raznov, Esq.,. Law Offices of Yeh & Kim 505 Kilauea Avenue, Suite B, Hilo HI 96720 (508) 961-0055 PROPERTY: 004430 Acres (19,295 sq. ft,), Walakea Holuiselots9 2nd Series, ` alakea, South Hilo, Hawaii TI K: (3) 2-2-0240022 Planning o Em- hibil John A. Wngneir and Chairlert AboshIl `applic.%flo for Change of Zone LATENTS Change of Zone Application Form Residential rezoning Questionnaire Background and County Environmental report Exhibit "A" Hawaii County Tax Plat Map 2-2-24 Exhibit "B" Scale-Drawn Plot Plan plus One Full Size(2' X 3') Exhibit "C" Flood Hazard Assessment report (FIIAr) Exhibit "D-1" 1971 Subdivision Map Exhibit "D-2" Deed to Applicants as Grantees,recorded 5/17/1985 (Liber 18645) at p, 419, with legal description of subject Property in metes and bounds Exhibit "E" Google Earth aerial view Exhibit "F" List of Surrounding Property Owners and Lessees of record of parcels within 300 Feet of the subject Property as of 1125/2021 Exhibit "G" Certificate of real Property Tax Clearance, Department of Finance Exhibit "H" State DLNr Historic Preservation Division - No-Effect Determination request Exhibit "I" Location Map 1 t CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: John A. f er and Charlene Y. Iboshi APPLICANT'S SIGNATURE.--)j,.l F ADDRESS: 485 Ainakc Avenge,Hilo,Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: 0 961 0055 resentative A licant PHONE:(Bus.} ( ) (Res.) (809)464-0086 (Fax} LANDOWNER(S): Applicants - LANDOWNER SIGNATURE(S): Same as Applicants,above DA (Mai-be by letter) LANDOWNER(S)ADDRESS: same as abpve REQUEST.- ISS-10 TO CG-7.5 (Existing zoning) (Proposed Zoning) TAX MAP KEY: Q) 2-2-024: 022 STREET ADDRESS OF PROPERTY:1290 Kino'cle Street,Hilo,Hawaii 96720 SIZE OF PROPERTY OR AFFECTED A(S) TO BE REZONED.- 19,295 Sq. Ft. AGENT: Thomas L.H. Yeh, Esg. and Jill D. Raznov,Esg., Law Offices of Yeh& Kim,LLLC 505 Kilauea Avenue,Hilo,Hawaii 96720 ADDRESS: Jill Raznov Email :jdramov(d), ail.corn (504) 961-0055 Jill Raznov Mobile T]ELETII�NE:(E s.� (RCS-)(808)778-8992 (Fax Please indicate to whonn original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant 7 a e r _ 333 ATTACHMENT j I Resiient alRezoning I PLANNING DEPARTMENT 3 COUNTY O F HAW AIC i 3 i APPLICATZDN FOR CHANGE OF ZONE 3 I Ifyour mquestis app mved,do you intend t subd>srs3e the subj?,ct:hnd.h accordance w ih the approved change j ofzone? No ,I ifyes,pbase answerthe restofquest on 1 and then tD quesSn 3. a. H ow m any acres of the requested area do you intend to subdi FEe? b. TntD whatbtsizes? � I C. if your mquestis approved,appm--x:in ately how bng afErthe date ofappmvaldo you eX_pectt> submit yoursubdkIsian plans b the P-tinning Depart<n ent forprelir nary approval? Do you Mend to build houses on the new V cmated bts? ifyes,pbase answerthe folbwing questhns: on how m any of those bts? 3 AtwhatappmKh at price range? House � Lots Total Appmxsnatelyhow bng,afferappmvalof the subdkv bn,wou.bi the fmthouse be available foroccupancy? t Ifyou Mend to subdi 7i e,pbase subm ita prelin i ary schem atic subdirisbn plan bgether j with your change of zone appJicathn fora . i 3 I I r jI f Ifyou have no fin phns ofsubd!7Jdi�g the subj�ctama, do you intend to a. S ellorbase the hnd to som eone who has fun phns? No b. S ellorhase the land to someone who has tentati Te phns? No Sellorlsase the hnd to som eone who has no phns? _ Yes Keep 12 Yes Ifyou btend to do elhera,b,orc,p-base ehboiate on the kjad ofphns the otherparty has.P-base,also, jacbde in youranswerapprDxh ately how soon air app mvalofyourmzoning do you e_xpectta tmnsferthe subj�-,cthnd to anotherpaity. As explained in the accompanying Background Deport, Applicants intend to lease the Property to a new lessee, once the current lease expires or is terminated, for uses consistent with CG-7.5 _ zoning. 3. Do Y_" think thatyourrequestand yourfurtherplans forthe land w aalhviate the bcalhousiag situation? No H ow? 4. Are there any bugs on the subj�ctama? Yes If so, whatkind? The existing permitted improvements include: 1) a 3,056 sq.ft. dwelling built between 1925 and 1949 with additions and alterations from 1985 and]990; and 2) a 338 square foot detached, enclosed carport built in 1925. whatdo you Intend to do with those bui]dings if your mquestis appioved? Applicants intend to keep and maintain the existing improvements for continued commercial u, -2- 4 5. 1 the subj�ctland cumntV being used forany agri:uhimlactvity? No If so,please listthe kinds ofpmducts grown and on how m any square feetoracros of land perpmduct 6. To yourknowbdge,has them been any flooding and/6r drabage pmbbm on the sub�ctama? No Tfso,please descrbe the pmbbm . Do you think thatthe mads bading b the subj�ctama needs in pmvem end No - If so,w hatksid? Is the mad adequatn forthe pmposed traffic volam e orbad?There have been no traffic issues during the approximately 30 years of Adequate existing use under the Lease with the State. �. W hatsorcoigovemmenralassiszance anatormpmvemencs do you feelwillbe needed Ja the subj--ctama when developed? es N� a. Schools XX b. Roads XX Sewer XX d. D rasrage XX e, police P mtection XX -3- N p �t Yes { Fie P mtectbn x go RecmathnalFac2bEs xx Pubes U tomes xx other xX Forthose checked '�es,"p-base elaborate whattype orkinds of ia pmvem ent5 and/orassbtance axe needed. The Prop-rty is currently by a ccsspo'oll, Applicaa,Yts aur,-in thc proL,�ss of obtaining St1T t S to oonn�'; to 'Oma iHELO Sys Will, S ' natum' John A. '-agner&Charlene Y.fboshi c/o Law Offices of Yeh &Kim Address: 505 Kilauea Avenue,Hilo,Hawaii 96720 Tehphone: 808-961-0055 Dat: i i i 'i 6337A/50A --4- PD .5M John A. Wagner and Chnrleh abosh! 'Pippliention for Change of Zone APPLICATION FOR CHANGE OF ZONE Background and County Environmental deport A. SUBJECT REQUEST -Details of Proposed Use/Development 1, Project Description Applicants and owners, John A. Wagner and Charlene Y. lboshi, husband and wife, (hereinafter "Applicants"), request a change of zone ("C®Z") from Single-Family residential District, required minimum building site of 10,000 square feet ("rS-10")to General Commercial District, required minimum building site of 7,500 square feet("CCs-7.5"). The subject property ("Property" or"Subject Property") is approximately 19,295 square feet (or 0.4430 acres) in land area. This CCZ request will formalize the existing and planned commercial use of the Property as general office space by Applicants' Lessee, the State of Hawaii. Such formalization would allow Applicants to continue the commercial use by future lessees and users as well as expand the pool of such users should the current lease terminate pursuant to its terms or expire and not be renewed (the "Project"). Thus, the Project would provide greater commercial options to the surrounding community, including for continued use as general office space, as well as for potential use as a medical clinic, as supported by the General Plan. The Property is located on the mauka(west) side of Kino'ole Street at the south west corner of Lono Street, between the through streets of Nest Lanikaula and Mohouli, and is identified as Tax flap Key ("TMK") No.: (3) 2-2-024:022, Waiakea, South Hilo District, Hawaii, bearing a street address of 1290 Kino'ole Street. See Hawaii County Tax Plat Map 2-2-24, attached hereto as Exhibit"A" Pedestrian access to the Property is from Kino'ole Street. Driveway access is from a 10-foot-wide, asphalt-paved driveway located at the Lono Street right of way (R-®-W) west of Kino'ole, a 60-foot wide r-O-W. Lona Street, east of the Property, is an improved county-owned right-of-way which runs east and west between Kino'ole and Kilauea Streets. West of the Property, Lono Street is depicted as a paper road on the Hawaii County Tax Plat Map, which street terminates at and also forms part of a larger parcel owned by the State of Hawaii, identified as TMK No.: (3) 2-4-056:028. The mauka intersection of Lono and Kino'ole Streets (at the northeast corner of the Property) is improved with curbs, gutters, sidewalks, pedestrian crosswalk striping and an adequate turn-around section. See Photo No. 3, below. Applicants purchased the Property on May 7, 1985. At that time, the Property was improved with a 3,056 square foot,two-story,three-bedroom, two-bath permitted residence, built between 1925 and 1949, which still exists and is in use today. A permitted, detached 338 square-foot enclosed carport, also built in 1925, is located about ten feet mauka and north of the main dwelling. This enclosed carport faces, and provides access to and from, Lono Street. A detached low rock wall separates the raised front yard from the sidewalk fronting Kino'ole street. In 1985, Applicants undertook permitted electrical alterations on the dwelling (Permit No. E1166240), which were completed on June 13, 1985. There are no other improvements on the Property, except those made by the present lessee, as noted below; and no additional improvements are planned or proposed at this time or in conjunction with this COZ request. i John A. Wagner and Ch2rle � AboshIl Application for Change oT Zone The Property features mature landscaping consisting of- * Front yard facing Kino'ole Street—Coconut and fan palms, various Ti plants, Hapu'u tree ferns and miscellaneous ferns, located in a large planting bed fronting the dwelling; and tall palms and ferns in planting beds at the northern front corner of the Property. The remainder of the large front yard is grassy lawn capped by a low, two-foot rock leading to the lower sidewalk, accessible by a built-in stairs. A paved walkway leads from the sidewalk and stairs across the front lawn to the main entrance of the dwelling. Side yard facing north—The Property is buffered from its northerly neighbor (TMK No. (3) 2-2-023: 009, owned by Dr. Douglas H. and Jae Yu Yamashita, in use as a medical office, zoned CN-20) by Lono Street and the paved driveway thereon, a narrow lawn(maintained by Applicants) on the Lono Street R-O- , and false olive trees and a low hedge on the front southern corner of Parcel 009. Side yard facing south—The Property is buffered by a fence running along the perimeter with its southern neighbor(TMK No. (3) 2-2-24: 021, owned by the Alice L. Shiroma Trust, zoned RS-10). A few tall coconut palms are located near the front southern corner of the Property along the fence. ® Backyard—This area features several citrus, false olive and avocado in a small orchard-like setting. The Property is screened from its western neighbors (TMK No. (3) 2-4-056: 020, owned by the State of Hawaii and leased, along with TMK No. (3) 2-4-056: 0214, to the Hilo Are Housing Corp., zoned RS-10) and also from the L-shaped undeveloped parcel behind Lono Street(TMK No.: (3) 2-4- 056:028, owned by the State) by many tall invasive trees (African Tulip, Gunpowder, Umbrella, etc.) interspersed with mango, avocado and Kukui nut. y The Property is currently leased to the Judiciary of the State of Ilawaii (the "Judiciary") for general office use, including all activities of the Child Advocacy Program, pursuant to a Rental Agreement, dated April 17, 2019. This Agreement commenced on May 1, 2019 and is set to expire either on March 31, 2024 or upon 120 days written notice by either tenant or landlord. The Judiciary began leasing the Property from Applicants, for the same uses as it is in today, pursuant to a Lease Agreement, dated June 14, 1990,recorded in the State of Hawaii, Bureau of Conveyances as Doc. No. 91-018421. Thereafter,the lessees undertook permitted electrical and building additions, including electrical rewiring,renovations to the lower level, and the installation of new air- conditioning (Permit Nos. E901631 and 901730), which work was completed on October 29 and 31, 1990,respectively. Currently, the dwelling accommodates only the one large office space for Applicants' current lessee, which occupies both floors; however, sufficient space exists to accommodate up to three offices total. Recent photos of the Property follow: w John A. Wngnaen° and C➢nnn-lpn%,, tboshi 'i-ipplicaltnoIln for Change of Zone Photo No. I _ :<<. ' 1 1 -- 17 71 1l. (Front of dwelling facing Kino�'ole Street) v�— Pig oto No. 2 r. Rollo terrrtrr�rrrrrrn �' (Paved driveway over Lono Street R-O-W leading to parking areas along north side of dwelling and fronting detached carport) 5 l ;. I t''I I t 1 f' t*' - 1 Lo s, JIM ;'aw^ r �4 .. -- :rwL�iWNtitr:r¥•s,. ...wu�1r, ., M •�' 4M a � - 1+P0C, tea, 11 t ` �• 1 —' �Y I Fes.}'.'.= V i'�• .�R _. ....� �' +_'q -o- o i John A. W2gnnen- z nd cChmlenit tbos ng "Y-�,,pplicnflonn fbir Ch,% nge of Zone Photo leo. 5 a •j �v, i r , (Private driveway,over Lono Street R-O-W looking west towards detached carport) Photo No. 6 V t,in f (View of back of dwelling and detached carport,facing east) -, John A. Wagnneir 2nd Charlen"o, ibosh! i-sppinc.%tIl®ffi fbir (Chz nge of Zone Photo No, 7 +� t _ t ` t _ f ^. `§�r+e'-g'w`'��'L y,�3• r r" t �!f'S� r� .a��t `�`�'tt,�;... -# `F�`• * ` � `i _ . 1 Baco Pe - a ( k�f�ro p -rty facing r:o-rth). Photo No. 8 r •�:-,;tee-+�"`A`.;'�.a (Back of Property facing south) i John A. W2g ner sued Ch2rlea'r, Aoshi i--pp➢icatuom ffor Chznge of Zone Photo No. 9 i ir -- I f s. t' (Looking southwest towards TMK No. (3) 2-2-24: 021) Photo No. 10 i l f fA t (Rock wall fronting Kino'ole Street and water meter cover located in sidewalk) John A. Wagner and Charlenr, tboshi i-spplication for Change of Zone 2. Statement of Objectives and Reasons for the Request Applicants propose to rezone the Property from Single-Family Residential District,required minimum building site of 10,000 square feet(RS-10)to General Commercial District,required minimum building site of 7,500 square feet(CG-7.5). &e Scale-Drawn Plot Plan, attached as Exhibit "B",hereto. The COZ to CG-7.5 will formalize the current commercial use,which will also allow future commercial use in conformity with the High Density Urban classification under the General Plan's Land Use Pattern Allocation Guide(LUPAG). 3. Number of Acres/Square Feet The Property is approximately 19,295 square feet(or 0.4430 acre) in land area. 4. Proposed Units/Lots/Floor Area of Proposed Baiiding Envelope The existing building envelope consists of a 3,056 square foot permitted residence and a 338 square-foot detached, enclosed carport. The total structural footprint of the two-story residence is 1,791 square feet. See Scale-Drawn Plot Plan, Exhibit "B", hereto. Currently,the dwelling accommodates only the one large office space for Applicants' current lessee, which occupies both floors;however, sufficient space exists to accommodate segregated office spaces. The enclosed carport is used for storage only at this time. Applicants have no plans to construct additional structures on the Property or to subdivide the Property. 5. Timeframe and Cost. It is estimated that the COZ process will take four to six months. No construction costs are projected at this time. 6. Membership Size/Number of Employees and Clientele Membership size is not applicable to the current request. Applicants' lessee,the Judiciary, currently employs approximately five (5) persons who work at the Property daily. The Judiciary's clientele consists of approximately four to six (4-6)people at any one time,who visit the property approximately five-to-six (5-6)times per month. Applicants' COZ request, to formalize and conform the existing office use, is not expected to materially increase,the number of employees and clientele present at the Property on a daily, weekly or monthly basis. 7. Parking Arrangement. The Property offers ample parking for Applicants' current lessee,its employees and clientele, including four(4)par-king spaces in the main parking area on the north side of the dwelling, which includes one (1)handicap accessible space and an access zone,two-to-three (2-3) spaces fronting the detached, enclosed carport and two (2) spaces inside the carport, if utilized for parking. All parking is accessed via the paved driveway from the Lono Street R-O-W off of Kino'ole Street. There is also an additional one-to-two (1-2) street parking spaces on the shoulder of Lono Street fronting Kino'ole John A. Wagner and Charlem.tbushi `I-&Oplication for Chane of Zone ,t Street.See Photos No. 2 and No. 3, above. The subject request is not expected to change or materially \' affect the current parking arrangement. 8. 'Traffic Impacts Assessment of Existing Traffic Conditions The Property is located on the mauka side of Kino'ole Street and is accessed from the private driveway situated on the western side of Lono Street, a dead-end road at this section. The speed limit on Kino'ole Street from Haihai Street to Ponahawai Street, including the section where the Property is located, is 35 miles per hour. See Hawaii County Code §24-257(c). Kino'ole Street is considered an arterial or collector street, handling traffic moving from one part of South Hilo to another. See County of Hawaii General Plan, amended June 2014 (hereinafter"General Plan"), at Sec. 13.2.5.2.1. High traffic volumes are not indicated at any times on this section of Kino'ole Street. There are several other through streets in the vicinity to accommodate traffic, including Kilauea, Kapiolani and Komahana Streets and Highway 11. This section of Kino'ole Street is currently improved to present standards and features curbs, gutters and sidewalk improvements and a 60-foot wide R-®-W, per consultation with the Hawaii County Department of Public Works. Anticipated Increase in Traffic The instant C®Z request is not anticipated to lead to any material increase in traffic. The anticipated number of firture users of the Property, if this C®Z request is approved, would not vary Wil, significantly from the current use. Potential Impacts from Proposed Use The proposed C®Z is not expected to adversely impact or add to traffic along Kino'ole Street in the vicinity of the Property. 9. Other Related Information. Applicants have no other related information at this time. 10. Proposed ®n-site and Off-site Infrastructure The Property is currently served by HELCO and is connected to the main overhead power lines located along Kino'ole Street. No additional connections are being sought or are required with this CGZ request. County water is available from existing Department of Water Supply ("DWS") water lines serving the area. The meter is located in the sidewalk fronting the property and Kino'ole Street. See Photo No. 10, above. No additional usage or increased usage is sought or required with this CQZ request. However, if Applicants were to seek additional capacity in the future for a two-lot subdivision, DWS has confirmed the availability of such capacity. John A. Wngneir %nil ChRTIe ar lbushi �pphcz ion fb3- Chnnge of Zone The Property is currently served by a cesspool located in the northwest area of the Property. Applicants understand that connection to the Hilo municipal sewer system will be required as a condition of C©Z approval and are currently in the process of obtaining estimates from a plumber and Department of Health permits for this work. Applicants plan to connect to the municipal sewer system via the sewer lines located along Kino'ole Street. Bo CONFORMANCE WITH STATE/(COUNTY PLANS 2, State Land Use Designation The Property and surrounding areas are situated within the Urban band Use District. The subject application is intended to support Applicants' request to rezone the Property, consisting of 19,295 square feet(or 0.4430 acres; from Single-Family Residential District, required minimurn building site of 10,000 square feet (RS-i 0) to Generai Commerciai District, required minimum ounciing site or 7,500 square feet(CG-7.5). See Figure i (i'roperty iligniigiated in yeiiow). Figure 1: State Land Use District Boundary Map 3- LLL _ S, --- 1- - 'C?ECCS III IjirrA KAA 1, ~ 3 I I ' t G Designation: Pink Urban 3, Coastal Zone M2nagement The proposed Project is not contrary to the Coastal Zone Management Program, as contained in Chapter 205A, Hawaii Revised Statutes ("HRS"). The Property is not situated within the County's John A. Wagner and Charlene tboshi C�vpplieation for Change of Zone Special Management Area("SMA") and does not have frontage along the shoreline. Thus,the instant request does not propose any development that will have substantial adverse environmental or ecological effects. Applicants' request is therefore consistent with the objectives, policies and special management area guidelines of HRS, Chapter 205A and the Planning Commission(PC) Rules. Applicants' request and proposed use will not materially affect any existing public access, scenic or open space resources, coastal view planes or coastal ecosystems. 4. Applicable Goals/Policies and Objectives of the General Plan. The proposed rezoning conforms to the following applicable goals,policies and objectives of the General Plan. a. Economic Goals (a) Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. (b) Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. (d) Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. {f) Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. * * � (h) Promote and develop the island of Hawaii into a unique scientific and cultural model, where economic gains are in balance with social and physical amenities. Development should be reviewed on the basis of total impact on the residents of the County, not only in terms of immediate short run economic benefits. Policies (h) The land, water, air, sea, and people shall be considered as essential resources for present and future generations and should be protected and enhanced through the use of economic incentives. (1) Identify and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. (m) Encourage active liaison with the private sector with respect to the County's requirement, for establishing businesses on the island. - John A. Wagner and Charlene: lboshiApplication for Change of Zone (o) Promote a distinctive identity for the island of Hawaii to enable government, business and travel industries to promote the County of Hawaii as an entity unique within the State of Hawaii. (p) Identify the needs of the business community and take actions that are necessary to improve the business climate. (x) Encourage the health/wellness industry. (y) Encourage new industries that provide favorable benefit-cost relationships to the people of the County. Benefit-cost relationships include more than fiscal considerations. Discussion: With Kilo's projected population growth, there continues to be a need for additional office space and medical clinics in/Cast Hawaii. The instant Project accomplishes this goal with formal approval of the existing commercial use of the Property by the State Judiciary, by expanding the pool of potential lessees/users of the Property and the types of businesses which can legally operate there. The requested use for general office space or potentially, a medical clinic is consistent with the character of the neighborhood and the HDU designation under the LUPAG. b. Flooding and Other Natural Hazards: ( Goals (a) Protect human life. (b) Prevent damage to man-made improvements. (c) Control pollution. (d) Prevent damage from inundation. (e) Reduce surface water and sediment runoff. (f) Maximize soil and water conservation. Policies (c) Update and improve the Flood Insurance Rate Maps and other flood maps in compliance with the National Flood Insurance Program(NFIP) as needed. (d) Any development within the Federal Emergency Management Agency flood plain must be in compliance with Chapter 27. (g) Development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works and in compliance with all State and Federal laws. (j) The County and the private sector shall be responsible for maintaining and improving existing drainage systems and constructing new drainage facilities. (q) Consider natural hazards in all land use planning and permitting. John A. Wagner and Charlene lboshi 'Application for Change of Zone Discussion: The Property is situated within Flood Zone "X", which is an area determined to be outside of the 0.2% annual chance floodplain. No base flood elevations or depths are shown within this zone. See Flood Hazard Assessment Report(FHAR), attached hereto as Exhibit"C'. During the period of Applicants' ownership, since 1985, flooding has not been an issue. According the General Plan, the urban commercial district of South Hilo, in which the Property is situated, "has displayed amazing recuperative abilities"from tsunamis and runoff from higher elevations (General Plan, §5.5.2) and has also gained more protection from these events with the completion of the Waiolama Canal in 1924 and the Ponahawai Storm Drain System in 1926. Thereafter, the Alenaio Stream Flood Control Project, completed in 1998, "mitigated much of the flooding that occurred in the Alenaio flood plain", which includes all of downtown Hilo except for the northern section of the business district. Icl. C. Natural Resources and the Shoreline: Goals (a) Protect and conserve the natural resources from undue exploitation, encroachment and damage. ;I (b) Provide opportunities for recreational, economic, and educational needs without ` despoiling or endangering natural resources. (d) Protect rare or endangered species and habitats native to Hawaii. (f) Ensure that alterations to existing land forms,vegetation, and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of an earthquake. Policies (g) Promote sound management and development of Hawaii's land and marine resources for potential economic benefit. (p) Encourage the use of native plants for screening and landscaping. (u) Ensure that activities authorized or funded by the County do not damage important natural resources. iS John A. Wagner and Charles t; iboshi i"Application for Change of Zone Discussion The Property is not situated on or near the coast; and the proposed Project is not anticipated to have any significant impact on shoreline resources. The site is not likely to be a habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species due to a history of residential and urban use and related disturbance. There are no identified important or significant natural resources on the Property. Thus,the proposed change of zone will not have a significant effect on any identified natural resources or the shoreline. d. Historic Sites Goals (a) Protect, restore, and caliance the sites,buildings, and objects 0i'significant historical and cultural importance to I lavvaii. (b) Appropriate access to significant historic sites, buildings, and objects of public interest should be made available. Policies (c) Require both public and private developers of land to provide historical and archaeological surveys and cultural assessments, where appropriate, prior to the clearing or development of land when there are indications that the land under consideration has historical significance. Develop a continuing program to evaluate the significance of historic sites. (m) All new historic sites placed on the State or Federal Register after the adoption of general plan shall be included in the General Plan. Discussion The 3,056 square foot,two-story, permitted residence on the Property was initially constructed in 1925 and completed in 1949. This dwelling is still existing and in use today by Applicants' lessee. A detached, enclosed carport totaling 338 square feet was also built in 1925 and is still in use today. While these improvements are over 50 years old, and therefore considered "historic property"under Hawaii Revised Statutes, 6E-2,the Property is not listed on the National or State Register of historic places, is not recognized or nominated for any historical significance,nor are Applicants interested in listing the Property as such. Applicants do not,however,have any plans to alter the historic character of the dwelling and other improvements with this COZ request. e. Land Use—General Overview The Property is located in the Urban District under the State Land Use Law established by the Land Use Commission. The General Plan generally defines these lands as those "in urban use John Aa Wagner and Charleiwe tboshi �t-tpplication for Change of Zone with sufficient reserve to accommodate foreseeable growth", and which comprises approximately two per cent of the Island's total land area. General Plan, §14.1.1. The band Use Pattern Allocation Guide (LUPAG) Map designates the Property and the surrounding vicinity as high Density Urban, defined as suitable for the following uses: general commercial, multiple family residential and related services. Id. Urban centers, such as where the Property is situated, are purposefully concentrated for the permitted uses"so that the total activities of the community can be more readily and easily conducted." Id The General Plan provides that improvements to, and development of, such centers should be focused on expanding efficiency, livability and safety while encouraging growth by renewing the old and extending what is existing. Id. Goals (a) Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Policies (a) Zone urban-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. (b) Promote and encourage the rehabilitation and use of urban areas that are serviced by basic community facilities and utilities. (c) Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. (f) Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. (j) Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattered development. Discission The instant request conforms to the general land use goals and policies. The proposed Project will contribute towards improving and developing this High Density Urban area in South Hilo by expanding efficiency and livability, in keeping with the character of the surrounding community. Such growth appropriately extends existing development in conformity with the General Plan and should be encouraged where it enhances the physical environments of the County by meeting the balanced needs of the community. Moreover, the standards for such development are appropriately met with respect to General Plan designation, district goals,regional plans, State Land Use.District and are compatible with adjacent zoned uses, availability of public services and utilities, access, and public needs. See f� General Plan, §4.1.4(b). 17 John A. Wagner and Charlen't; aboshi Application for Change of Zone i E Land Use—Commercial Goals (a) Provide for commercial developments that maximize convenience to users. (b) Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies (b) Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services Piot be available, the development of snore intensive uses should be in concert with a localized program of public and private capital improvenients to gueet the expected Increased needs. (c) Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. (f) The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and {` design concerns shall be incorporated into the review of such developments. (g) Applicable ordinances shall be reviewed and amended as necessary to include considerations for urban design, aesthetic quality and the protection of amenities in adjacent areas through landscaping, open space and buffer areas. (h) Require developers to provide basic infrastructure necessary for development. Discussion South Hilo is considered one of the Island's two major commercial centers. General Plan, §14.3.5.2.1 Neighborhood commercial centers, including where the Property is located, are just one part of this mix, which also includes the downtown business district and several shopping center complexes. Allowing such neighborhood commercial centers to expand fits within the LUPAG designation of the General Plan. Such expansion also alleviates the concentration of commercial development, and its attendant parking deficits and traffic density, in shopping center complexes and surrounding office developments and the Downtown Hilo central business district. The Property is also located near the University of Hawaii facilities and community, which has a continuing need for expanded commercial services in proximity to the campus. Approval of the instant request meets the neighborhood, community and regional needs; fits within the locale with minimal intrusion, while providing desired services; maximizes convenience to users; and complements the overall pattern of transportation and land usage within the Island. John A. WEgnneir and Ch.%rienae iboshi '(i PPh rnfi0 n fbT Change of Zone 5. EGeuner2l 1Ph% n Desi;gn,%fionn (LU PANG Nl2p): The Property is designated High Density Urban on the LUPAG Map. The general Plan defines the High Density Urban ]LUPAG classification as the following: High Density: General commercial, multiple family residential and related services. See figure 2, below(Property marked with an "X"). Fi ure 2: L UPAG Ma v Desienations: Red High Density Urban Lands Yellow Low Density Urban Lands Green ®pen Space The proposed Project is consistent with the HDU designation. The requested CGZ will reconcile the Property's existing office space use and expand the pool of future, potential lessees, maintaining the economic viability of the Property. 6, County Zoning The Property is currently zoned RS-10 (see Figure 3 below; Property marked with an "X"). JDhn A. W2gnnB3- 2nd Chnir1ent db©shi iippllcntio n for Change ©f Zone Figure 3. Zoning Map .5 10 ' ,A Pc' •' t��` }.SL HT_ __l. - - --- ' - R S 1 . , xt1 9 _ .- Rp3.T5 �.•i ` - RO375 I y r G CA RM-1 5' 1 R S W t RS 10 1h a P i-ta ks I,, fi 1 - � RS-101 i i '• �a'0 •`. _.-. 11S"tU Rs-10 RS.1p 1`. _ Designations: Yellow RS-10 Light Pink CN-20 Dark pink CN-10 Salmon CG-7.5 Dark Burgundy CG-20 Light Burgundy CG-10 Tan RD-3.75 Grey ML-20 Light Green RCX-20 Light Brown RM-1 Dark Green Open Space 7. Community Development Plan "There is no current Community Development flan("CDP") adopted for Hilo or South filo. The Hilo CDP, adopted in 1975, is severely outdated and inapplicable to this C©Z Application. 8. Speci2l 1`Y 2nnngement Area According to the Special Management Area Rules of the County of Hawaii, it is the State policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii. 'therefore, special controls on development within the area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options, and to insure that adequate public access is provided to public-owned or used beaches, recreation areas, and natural reserves, by dedication or other means. John A. Wagner and Charlent tboshi i=application for Chane of Zone The proposed Project is consistent with the above policies and developmental controls. The Property is not situated within the SMA and does not have frontage along the shoreline. Thus, Applicants' request will not materially affect existing public access, scenic or open space resources, coastal view planes or coastal ecosystems and does not propose any excluded use, activity, or operation which may have a cumulative impact, or a significant or substantial adverse environmental or ecological effect on the SMA. No construction affecting shoreline views is proposed. The instant request does not conflict with HRS §205A(Coastal Zone Management)and is consistent with the objectives, policies, and guidelines of that Chapter and as enacted by the legislature. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical C;haractet�isticsIEnvironmental.Setting 9. Description of Subject Property, Location, Climate,Topography, Slope, Soils (including size,shape, existing structures) 9.1 Location The subject Property is located on the mauka(west) side of Kino'ole Street at the south west corner of Lana Street, between the through streets of West Lanikaula and Mohouli. The Property address is 1290 Kino`ole Street, Hilo, Hawaii. See Exhibit "A", Hawaii County Tax Plat Map 2-2-24. A` Google Earth map showing an aerial view of the Property is attached hereto as Exhibit"E". A location map is attached as Exhibit"I". The parcel has approximately 19,295 square feet(or 0.4430 acre) in land area. The shape of the parcel is a rectangle. Existing structures including a 3,056 square foot,two-story, permitted residence, built between 1925 and 1949, which still exists and is in use today; and a detached, enclosed carport totaling 338 square feet also built in 1925. Surrounding land uses include residential, neighborhood commercial, general commercial, and double-family and multi-family residential. Although the immediate and surrounding vicinity of the Property is zoned residential, neighborhood commercial, and general commercial,the entire surrounding vicinity is classified Urban on the SLU map and designated IVDU on the LUPAG. 9.2 Climate The elevation of the Property is approximately 29 meters or 95 feet above mean sea level. The mean annual rainfall of South Hilo is approximately 134 to 173 inches. See Online Rainfall Atlas of Hawai'i at http:llrainfall.geography.hawaii.edu/rainfall.html. Yearly rainfall in Hawai'i is also affected by the occurrence of El Ninos and La Ninas, both of which contribute to large year-to-year variability in rainfall. Id. Most experts agree that global warming is also leading to an overall slow decline in Hawaii rainfall, which is predicted to continue and lead to more frequent droughts throughout this century. Id. The average high temperature in Hilo is 79°F in the winter and 83°F in the summer. The average low temperature ranges from 64°F in winter and 69°F in summer. John A. Wagner and Charle&Ltboshi tipplication for Change of Zone 9.3 Topography, Slope and Soils The topography of the Property is relatively flat nearest Kino'ole Street with a mild upward slope in the mauka direction. 10. Lava Hazard Zone The United States Geologic Survey("USGS") classifies the Property as Lava Flow Hazard Zone 3 on a scale of descending risk, 9 being the lowest risk and I being the highest. 11. Distance from Coastline The Property is approximately 1.5 miles from the n=est coastline situated at I filo Bayfront Park. 12. Agricultural Lands of Importance to the State of Hawaii("ALISH") Designation The subject Property is not classified as ALISH, Prime or Unique Agricultural Land. 13. USDA Natural Resources Conservation Services Soil Service Report soil type The Soil Survey Report classifies the Property's soil as: 50 percent Panaewa and similar soils; 40 percent urban land; and 10 percent minor components. Panaewa soils are classified as ash fields on pahoehoe lava flows with a parent material of basic volcanic ash. The typical profile consists of very cobbly hydrous loam (0 to 4 inches), extremely stony hydrous loam (4 to 16 inches) and bedrock(16 to 26 inches). The properties and qualities of this type of soil include: moderately well drained; zero frequency of flooding; occasional frequency of ponding; and very low available water capacity(about 2.8 inches). 14. Land Study Bureau("LSB") Soil Rating The Property is classified as productivity rating D or E, which is the lowest productivity rating, according to the Land Study Bureau of the University of Hawaii. 15. Flood Insurance Rate Map ("FIRM") Designation The FIRM Designation of the Site is Zone X, meaning areas determined to be outside the 0.2% annual chance floodplain. The FEMA FIRM Panel Number is 1551660904E and the FIRM Index and Effective Date is 9/29/2017. The Panel is not printed. See FHAR, attached hereto as Exhibit "C". The Property is not within a tsunami or a dam evacuation zone.Id There is no Letter of Map Change (LOMC)for this FIRM Panel. 16. Existing Drainageways or Improvements There are no known drainageways or other similar improvements crossing the Property. The Waiakea Stream flood control channel, located mauka(west) and north of the Property, about one mile from the Property at its closest point where the Stream crosses Kapiolani Street above Kamana Street t John A. Wagner and Charleill.: tboshi �`�ppiicatiun for Change of Zone between W. Lanikaula and 1Vlohouli Streets, does not affect the Property. Applicants-are not aware of any flooding issues affecting the Property. 17. Air/Noise/Water Quality The proposed Project is not expected to have a significant effect on air or water quality, nor is it expected to be a significant noise generator. Historic Resources: 18. Existing Archaeological, Cultural or Historic Sites on National or State Register The Site has been used for residential purposes since at least 1925, when construction on the existing dwelling began. As such, the existence of any surface or subsurface archaeological remains is extremely unlikely. None are currently known to exist. On November 20, 2020, Applicants requested a"No-Effect" determination from DLNR-SHPD regarding the instant Application as to any historic sites on the Property. See Exhibit"H", attached. SHPD responded via email on January 14, 2021, representing that the project cannot be reviewed by SHPD until the CDZ Application has been formally submitted to the County and then routed to SHPD by the County. _ 19. Existing Flora/Fauna Resources Exiting vegetation includes a large grassy lawn and mature landscaping in both the front and back portions of the Property (discussed above). It is highly unlikely that the parcel contains habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species. 20. Scenic or Coastal Resources The Property is approximately one and 1/2 miles from the coast and does not allow for access to either the mountains or the ocean from or through it. There are no views of the oceans or the mountains from the Property. The proposed Project is not expected to impact any scenic or coastal resources. Valued Cultural Resources: 21. Existing'T'rad'itional and Customary Native Hawaiian Rights Exercised Applicants are not aware of any traditional and customary native Hawaiian rights that are exercised in the area as it has been in residential use for almost 100 years. t John A. Wagner and CharleAa:tlboshi `tapplication for Change of Zone c Public Access: 22. Existing Public Access to and Along Shoreline or Mountain Areas There is no existing public access to and along the shoreline or to mountain areas through or proximate to the Property. Social-Economic Characteristics: 23. Social Settlement Pattern for the Area Most historians agree that the first inhabitants arrived to the Big Island of Hawaii from Polynesia around 1100 AD. Oral history has many references to people living in Hilo, along the Wailuku and Wailoa rivers durhig the Lime of aacieaL Hawaii. Well before Hawaii became a State or even a territory of the United States, Chinese, Japanese, Filipinos, Koreans, and Portuguese arrived here as contract workers on sugarcane plantations. Originally,the name "Hilo", applied to one large district encompassing much of the Big Island's east coast,now divided into the two Districts of South and North Hilo. When the English missionary and author William Ellis visited Hilo in 1823,the main settlement was in Waiakea on the south shore of Hilo Bay. Missionaries came to the district in the early-to-middle 19th century, founding Haili Church. Hilo expanded as sugar plantations in the surrounding area created jobs and drew in many workers from Asia and other locales. Many left for the U.S. mainland, but many others stayed and carved out lives and livelihoods, ultimately giving rise to Hilo's diverse ethnic and racial culture. As a result of the 1960 tsunami, Hilo's low-lying bayfront areas on the Waiakea peninsula and along Hilo Bay, previously populated, were rededicated as parks and memorials, including the Liliuokalani Park and Gardens. Beginning in the 1960's, Hilo expanded inland. The downtown found a new role in the 1980s as the city's cultural center. Featured important cultural centers include: the Palace Theater, East Hawaii Cultural Center, Lyman Museum and Mission House, Pacific Tsunami Museum, Imiloa Astronomy Center, Mokupapapa Discovery Center, University of Hawaii Performing Art Center,the Hilo downtown Public Library and the Wailoa Center. Hilo is filled with historic buildings, interesting shops, and parks and has a constant stream of performances, festivals and events, the annual Merrie Monarch Festival being by far the largest'such event. Closure of the sugar plantations in the 1990s hurt the local economy, coinciding with a general statewide slump. But in recent years, Hilo has seen commercial and population growth, boosted by a growth in tourism, expansion of the University of Hawaii, and the relatively stable housing market. The 2018 census data indicates a population of 46,284 for all of Hilo, encompassing 53.4 square miles with a population density of 866.9 people per square mile. The median age is 40, with the largest population group(60%) in the age range of 18-64. The populace is 52% female. The largest ethnicity 1 race group is Asian (32%),with 31% identifying as two or more races 1 ethnicities combined. Sixteen t percent are white or Caucasian and only 9% identify as Hawaiian or other Pacific Islander. The per capita income is approximately$28,012 with the median household income being$60,120. Nineteen percent of people are below the poverty line including 28% of children(below age 18)and'9% of John A. Wagner and CharieA --tboshi t,pplieation for Change of Zane 'J seniors. There are 16,302 households with 2.8 people per household. Forty-four percent of the populace is married. 24. Economic Resources of the Area' The oldest city in the Hawaiian archipelago, Hilo's economy was historically based on the sugar plantations of its surrounding areas, prior to their closure in the 1990s. Today, Hilo has a diversified economy that includes agriculture, tourism, aquaculture, livestock, trade, education, astronomy and government. The tremendous rainfall(approximately 134 inches annually) has led to arguably the world's largest tropical flower industry, exporting fresh cut flowers, sprays, and potted plants from various farmer cooperatives and flower farms. About 1 million acres of the island's total 1.8 million acres are devoted to agriculture, a $500 million per-year industry. Livestock is an economic mainstay, with sales totaling more than $25 million annually. Nearly 115,000 cattle are raised on the Big Island. with most shipped to the mainland and Canada for processing. The Big Island is Hawaii's largest producer of honey, more than 1 million pounds annually. Aquaculture, another important industry on the island, has been a mainstay of economic life since the first Polynesian settlers. Several types of microalgae are also being cultivated for pharmaceutical and nutritional products. Aquafarms on the Big Island,totaling more than 170 acres, produce 11 million pounds of aqua products annually. The Big Island also produces more than four-fifths of the state's fruit and other nursery products for domestic and foreign markets. Hilo has a fairly significant tourism sector. Visitors come to see Hilo's charming historic character and also major events such as the annual week-long Merrie Monarch Festival,the world's preeminent hula competition and festival, and the annual Hilo Orchid Show, the largest and most comprehensive orchid show in the state, both of which draw visitors and entrants worldwide. The many cultural centers listed above are big draws, as are the Pana'ewa Rainforest Zoo, the many shopping centers, cafes and other eateries, movie theaters,hotels, restaurants, and a developed downtown area with a thriving Farmers Market. Cruise ships account for much of the visitor numbers. According to Hawaii Business Magazine, "In 2003, the town received 219,262 cruise ship passengers from 116 foreign ship calls", which number was expected to rise dramatically in the years following. Hilo's Foreign Trade Zone (FTZ) is situated adjacent to Hilo Harbor and the Hilo International Airport, less than a mile from downtown Hilo. This 31-acre site is the first such zone designated by the State of Hawaii to attract manufacturers to Hawaii. The FTZ allows companies to import parts for assembly and export the finished product without paying import duties. Television, film and commercial production also contribute to Hilo's economy. The County of Hawaii hosted 129 film productions from ten countries in 2003-2004, an increase from the prior year. Hawaii's Small Business Development Center Network is a partnership of the University of Hawaii at Hilo and the U.S. Small Business Administration. With the aim of helping small business become established or expand,the Network offers one-on-one counseling, seminars,workshops and conferences. Many other business incentives exist at the state level, including direct financial JOhn A. Wagner and Charlene lboshl for Change of Zone i incentives, tax incentives, high technology businesses training programs,job placement and training systems, and employer training grants. Finally,the University of Hawaii at Hilo is perennially expanding its programs and offerings, recently adding several new science and technology developments, including the Mauna Kea Astronomy Education Center, the Pacific Basin Agricultural Research Center, and the U.S. Forest Service Institute of Pacific Islands Forestry research laboratory. These expansions and others have prompted several observers to view Hilo as a thriving university town with all the usual accompanying opportunities, resources and offerings. 25. Land Values For tax assessment purposes, according to the Hawaii County Real Property Tax website, land values of residentially-zoncd parcels in the immediate area range from$207,000 (TMK No. (3) 2-4-056- 002, 1.'!4224 acres, immediately ,vcst of, and adjacent to, the Subject Property)to $217,400 (Ti'4K No. (3)2-2-024-0210, 19,908 sq. ft„ immediately south of, and adjacent to, the Subject Property). The Subject Property, with 19,295 square feet,has a land value of$215,000. Tax assessed land values of commercially-zoned parcels in the immediate area range from; $354,000 (TMK No. (3) 2-2-023-009, 29,725 sq. ft., immediately north of the Subject Property across Lono Street)to $340,200 (TMK(3)2-2-024-008, 26,770 sq. ft., immediately east of the Subject rr Property across Kino'ole Street). Surrounding Lands: 26. Land Use The surrounding areas are, for the most part, residential and commercial, both neighborhood and general. Area businesses include: Big Island Federal Credit Union(TMK No. (3) 2-2-023-007, 66 Lono Street); Kamana Senior Center(TMK No. (3) 2-4-056-019, 127 Kamana Street); Kino'ole Medical Center(TMK No. (3) 2-2-023-010, 1248 Kino'ole Street); Dr. Yamashita's Office (TMK No (3) 2-2- 023-009, 1276 Kino'ole Street); the ILWU Local Hawaii Division(TMK No. (3) 2-4-056-001, 100 West Lanikaula Street); the Arc of Hilo (TMK Nos. (3) 2-4-056-002 and 024, 1303 and 1305 Ululani Street)and the Liberty Dialysis Hilo (TMK No. (3)2-2-025-022, 1384 Kino'ole Street), 27. Zoning The immediately surrounding lots are zoned Residential, minimum building site 10,000 square feet(RS-10),Neighborhood Commercial, minimum building sites of 10,000 square feet(CN-10) and 20,000 square feet(CN-20); and General Commercial,minimum building sites of 7,500 square feet (CG-7.5), 10,000 square feet(CG-10) and 20,000 square feet(CG-20). Lot sizes in the immediate vicinity range between 10,000 sq. ft. (TMK No. (3) 2-2-024-004, 1331 Kino'ole Street) and 2.1152 acres (TMK No. (3) 2-2-025-022, 1384 Kino'ole Street). Most of the lots immediately surrounding and across from the Subject Property are just shy of V2 acre. John A. Wagner and Charles.:-aboshi .liplication for Change of Zone t D. PUBLIC FACILITIES AND SERVICES 28. Description of Access The Property takes access from a private driveway located over and on the Lono Street R-O-W at the Lona Street intersection on the western side of Kino'ole Street between W. Lanikaula and Mohouli Streets. 29. Availability of Water Water is available via the existing water meter located in the sidewalk fronting Kino'ole Street. Preliminary discussions with DWS indicate that an additional water meter can be made available from existing waterlines on Kino'ole street if the Property were to eventually be subdivided, though Applicants have no such imminent plans. 30. Sewage Disposal The Property is currently served by a cesspool located in the northwest area of the Property. Applicants understand that connection to the Hilo municipal sewer system will be required as a condition of CCZ approval and are currently making efforts to obtain estimates from a plumber and Department of Health permits for this work. 31. Solid Waste The nearest solid waste transfer station is located in Hilo off of Railroad Avenue. 32. Police and Fire Protection The Property is located in the South Hilo Police Patrol District, which covers 635 square miles, and features 88 authorized sworn positions. The South Hilo District is the Hawaii Police Department's largest staffed patrol division and is situated on the ground floor of Building B at the Public Safety Complex, 349 Kapi'olani Street, which is approximately one mile from the Subject Property. Patrol officers also operate out of the Mo'oheau Bus Terminal mini-station, which is approximately 1.5 miles from the Subject Property. The South Hilo Police Patrol District provides 24-hour police service and consists of the Patrol Division, the Community Policing Section, and the reserve officer program. For firefighting,there are four fire stations located in the greater Hilo area. Station 1, located at 466 Kino'ole Street, is the Hilo Central fire station and is within approximately one mile of the Subject Property. Station 2, located at 95 Keaa Street, is within approximately two and ill miles of the Subject Property. Station 3, located at 385 Haihai Street, is within approximately three miles of the Subject Property. Station 4, located at 310 Kaumana Drive, is within approximately three miles of the Subject Property. Together, these fire stations provide adequate response times for firefighting. 33. Schools Hilo is home to a number of educational institutions, including two post-secondary institutions— ?7 John A. Wagner and Charleni,�, tboshi pplication for Change of Zone the University of Hawaii at Hilo and Hawaii Community College. In all,there are eight(8)public elementary schools, two (2)public intermediate schools,two (2)public high schools and seven(7) private schools in Hilo. The public schools are separated into two (2) complexes, centered on the high schools. The proposed Project is not expected to result in impacts to the school system. 34. Parks There are a plethora of community and beach parks in and around the greater Hilo area. Honoli'i beach park is located approximately four(4)miles north of the Subject Property. Hilo Bayfront beach park is located approximately one (1) and X12 miles east of the Subject Property. Wailoa River State Park is located approximately one (1) mile south east of the Subject Property. Lili`uokalani Park and Gardens is located approximately two (2) miles south east of the Subject Property. Lincoln Park is located approximately one (1)mile north east of the Subject Property. Many additional beach parks are located a few miles from the Property in Keaukaha. 35. Other Utilities and Services All utilities are available via overhead lines along Kino'ole Street. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 36. Relationship between short term uses of environment and maintenance and enhancement of long term productivity. The Property has been used for residential and general office purposes for many years. Prior to residential use,it is likely that it was also used for pasture and agriculture. If the proposed land use change is approved,the continued long-term use of the Property for commercial and general office purposes would continue to be appropriate. Change of Zone would simply formalize the existing commercial use of the Property by the State judiciary, allow Applicants to expand the pool of users or lessees, and provide greater commercial options to the surrounding community. 37. Mitigative Measures proposed to avoid, minimize,rectify or reduce impact. Applicants have not identified any significant impacts that the proposed land use changes might have on resources or public services. 38. Alternatives to the proposed development. Alternatives to the proposed development include only leaving the Property as-is. Under this alternative,Applicants would not be able to conform the existing commercial use by the Judiciary to be consistent with the HDU designation on the LUPAG and the General Plan. This would hinder Applicants with their future plans for the Property, in terms of continuing the existing uses and expanding the pool of commercial users, including as a potential medical clinic. It would also deny the surrounding community with such needed services, as the area continues to grow and expand. �Q John A. Wagner and Charlene: aboshi .,Oplication for Change of Zone 39. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented. The Property has been in residential and commercial use for almost 100 years and is situated within an urban area consisting mostly of mixed residential, commercial, and multi-family uses. Due to the previous residential and commercial uses of the Property, it is not likely that there are any.natural resources relating to the Property that would be irreversibly and irretrievably committed should the requested change of zone be approved. 'The economic and other facts presented in this COZ Application do not take into consideration the current effects from the COVID- 19 pandemic. 29 5, V. m?�. ic 14 .3t ,SECT/ON 4- Ar 47 f W r4a a ) R Few Nm Ila tb 14 p A /V//VO 0 z if ST !N ao'. Zvi S ...... s 1*6 U1. iz 4 CiE a z8 r. rn n rq _0 0>ru 5) \ l n Q .O a E° =amu 3 � a O m Ln Y N o o O GI V O (!) •?� ^ N o o N a CO N N m N t�0 m •_J N I L Y c1E = o a J a n uT �' m 3 E o a ca 3 O Co O a N 0 0 CL m T O co N' O O m N = O w N U R 3 j n < T .E oox 0 3 OO O �i Y O Ot �p N T p ma J w q vi c in W H -Y C C Z.c in m z =o z m 0 0 O O O 3 007 N O m O p . + O l'Q VI N U IA VI m w O O>>< ?j •o V1 Zv)ZW� a°, W W og�Z Q I I 0 KINOOLE STREET PAVED ROAD 62.70' O 1. z o,¢a" 148'10'00" _ co W c STONE WALL j � o. K 20'SETBACI j U O .- O J i 0 ci 'o 3 w s w _ - �• Y u � a✓i w o � r 1 F lz7, u l I 2 N�1 O -r Z i Q 0 1 ¢ m N (L I "AMH) '3AV VnH373ONVN '15 VONINVIVN '1S nd"nv1 g _in kl a m pNq nw m I u Y -a, 1 0 to '' m N� 4 '�."1S OPJVNIH z 0 g is ONZNVW W Z V III �, oI L > -2OSETBACK \ ¢ q v EP Z 6b' _ 334'01'30" 80.70' S RAILROAD R.O.W. (ABANDONED) N gt•' r � 0 0 1 e 3 m N X62 OZ0_)�\?0 oYN O to o n .o x oa o X ori; - _ ZONE X ZONE X I� ZONE XS 4z - t TQCA -- fl - i, A � , f ZONE X r __ j IS04FZOME AE - ZONE,X n iy. A z ZONE,S y ASEMAP: FIRM 13ASEMAP All a" FlDod Hazard AssEssment Repan . - .. . - ' 7 www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS(SFHAs)SUBJECT TO INUNDATION BY a . ``• 11 THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood (100- . _ year),also know as the base flood,is the flood that has a 1%chance of being e or exceeded in an g ualed q y given year.SFHAs include Zone A,AE, --- AH,AO,V,and VE.The Base Flood Elevation(BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information N'Dtes° purchase applies in these zones: COUNTY: HAWAII +'M Zone A:No BFE determined. TMK NO: (3)2-2-024:022 Zone AE:BFE determined. WATERSHED: WAILOA PARCEL ADDRESS: 1290 KINOOLE STREET Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); HILO,HI 96720 BFE determined. Zone AO: Flood depths of 1 to 3 feet(usually sheet flow on Nood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action); LETTER OF MAP CHANGE(S): NONE no BFE determined. FEMA FIRM PANEL: 1551660904F Zone VE:Coastal flood zone with velocity hazard(wave action); BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 29,2017 Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON-SPECIAL FL00D HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY 15 WITHIN ATSUNAMI EVACUTION ZONE: NO flood zone.No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http:/jwww.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY 15 WITHIN A DAM EVACUATION ZONE: NO ® Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng,hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1%annual chance flood. 0 400 800 ft Zone X:Areas determined to be outside the 0.2%annual chance floodplain. Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from the use,accuracy,completeness, and timeliness of any information contained in this report. Viewers/Users are OTHER FLOOD AREAS responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ- ees from any liability which may arise from its use of its data or information. Zone D: Unstudied areas where flood hazards are undeter- If this ma hos been identified as'PRELIMINARY', lease note that it is being mined,but flooding is possible. No mandatory flood insurance p h p g provided for informational purposes purchase apply,but coverage is available in participating commu- and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determine- nities. tions to be used for compliance with local floodplain management regulations. i � k i Lc NO S ?"AF � �1 Ealg,7,9 .SSE rrv5c7' dl�?�� �y O �j X41- Q L OT 88 A I• ri 4rve o.vr V4 F7 fc 5 ar, ,J i .t?be, 0 r. .90, /c" � X3.7�'c* w1ve,r f � 4b dP¢f.4G S oB°93.75 t' L OlYC -5 T, Ara IAN'. ,, �� f �� {'� 0 Vl •1 , Z T ,C�L/2E 4LI G� !�'L,4N$ � 511,24lEY {,.lFJ�caF J�'L!/�LtG WG7GK5'�' CC7l/NT,y' OG �{AW.AJ/ /l 1-07' A -A .l4NV LOT S-)9Bum vtlrlEO / �LI7ut fi f .� `-L'f11B:'314LI71 B5lNG .LOr 1g, .QLOG�C J3 ` Bur,�E..,rsu f✓L'Ac' j wa4a,•00,0 VOLl9EL a r9, V,-AW �R�aSc't7VG°D S✓' G? re, 3 �f7/ (aACOVArr nZPF7 fit-' GjX?1/ .96C.1 w.ai.•grr•�.v, souk` N�Gv, Jv..gww,��/ l �zak.By.• of 5. reAc�v 2y c.r. Q��e: �r�/�/ I C SLTBIIIVISION NUMBEh APPROVED FOR P,.LCOI2d9A©N with�the Bureau of Conveyances, State of Hawaii 43� im g IDuector, Cou oi' Hawau 3j - - Date: .._...QCT A 1971 .............................._ 1 f, PON wild ONINNYid AtNnoa !aani � aa � l i + _„ m/a��,.: --:-..•• w.w.®.uiui®moi®I IIIpGill lNS_" 51774 RECORDATION REQUESTED BY: f� f ) 195 M1Ay 1 A a 0 X86451. 4 .19 AFTER RECORDATION, RETURN TO: i t ;r -----L FIRST AI`tfB3RTCAN TTTLr: 6S8 Kinoole Street, Suite 203 Hilo, ]f lwa.ii 96720 RETURN BY: "AIL( ) PICK-UP( ) DEED KNOW ALL MEN BY THESE PRESENTS: That ROBERT F. DRIVER, Trustee under that certain f_ unrecorded Robert F. Driver family Trust, dated January 5, 1979, `✓� having powers under said trust agreement to sell, lease, convey, mortgage and other powers more fully set forth therein, 1-ilikij'I11:1 hereinafter called the GRANTOR, for and in consideration of the 1j.) r;i l t.n sum of TEN DOLLARS ($10.00) and other valuable consideration, the iu t`.) receipt of which is hereby acknowledged, does hereby grant, >- it? Z 1.; " bargain, sell and convey unto JOHN A. WAGNER and CHARLENE- Y. IBOSHI, husband and wife, whose residence and ° post office address LL .1 ()�E m is 81 East Kawailani Street, Hilo,Hawaii 96720, hereinafter W called the GRANTEES as tenants b the entirety,GRANTEES,a y y, all of the real 1< property described in Exhibit t9A", attached hereto and Z 1 0 x ?, 5 incorporated herein by reference. a��te_1�azd��Eisa Together with all and singular the improvements, tenements, rights, easements, privileges, hereditaments and J EXHIBIT "D-2" 18645 d�Q appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. To have and to hold the same unto the said GRANTERS, their heirs and assigns, in fee simple, forever. And the GRANTOR hereby covenants and agrees with the GRANTEES that the GRANTOR, as Trustee aforesaid, has good right to convey and sell the property hereinabove described and that the GRANTOR has not heretofore done, committed or willingly {- suffered to be done or committed any act or thing whatsoever, " whereby the title and estate hereby conveyed, or any part thereof, are or shall be changed or encumbered, except as aforesaid. IN WITNESS ` HEREOF, the said GRANTOR has hereunto set his hand on this day of 1985. ROBER7 F. DRIVER E EXHIBIT "D-2" 2• 18645 421 J ; State of On d , before m, County of �L �� the undersigned Not ar .Public, personally appeared kvsf— f�f ISE 4 i' o cIa�t°"sa,et personally known to me l ANCI V. kjAUIU�i[C) a �proved to me on the basis of satisfactory evidence MCIAa} �'UB131 CAUFORNIA i i PRINCBPAJ OFFICE 92q- to be the person(s)whose name(s) subscribed to ti SAN DIEGO COUNTY within instrument,and acknowledged that 10 executed My Commission Expires March 31, 1989 WITN ESS my nd and official seal. t R Notary's Signature IY31a I1/83i General-Ca ,.. . _ _. . .._.. MY c®inm.t:Ssiart expires: EXHIBIT "D-2" 3. t 16645 422 EXHIBIT "A" All of the land situate at Waiakea, South Hilo, Hawaii, bounded and described in Land Patent Grant No. 9287 to Sanji Abe, as follows: Sold at Public Auction, March 30, 1925. Lot 8, Block 93, Wai.akea House Lots, Second Series, Registered Map No. 2705, First Land District. Beginning at a pipe at the North corner of this Lot and the South corner of Kinoole Street and Road (60 feet wide) , and coordinates of said point of beginning referred to Government Survey Triangulation Station P°HALAI" being 3230.91 feet South and 6410.74 feet East, as shown on Government Survey Registered Map No. 2705, and running by azimuths: 1. 3280 101 82. 7 feet along West side of Kinoole Street; 2. 580 10' 237,0 feet along Lot 7; 3. 1480 10' 2. 42 feet along railroad right-of-way (30 feet, wide) ; 4. Thence following along said right-of-way around a curve to the right with a radius of 395,28 feet,the chord azimuth and distance being: 1540 Olt 30t1 80.7 feet; 5. 2380 109 228. 76 feet to the point of beginning and containing an AREA OF 19,381 SQUARE FEET. EXHIBIT "D-211 18 -645 42 . t LESS the following portion of land described as follows: Lot 8A, being a portion of Lot 8, Block 93, Waiakea House Lots , 2nd Series, Grant 9287 to Sanji Abe, Waiakea, South Hilo, Hawaii. Beginning at a pipe in concrete at the west corner of this parcel of land and on the southeast side of Lono Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station 11H L.AI" being 3241 .46 feet South and 6393.75 feet East and running by azimuths measured clockwise from True South: 1. ' 2380 101 20.00 feet along Street to the South corner of Lono and Kinoole Street; 2. 3280 10' 20.00 feet along Kinoole Street to a pipe in concrete, 3. Thence along the remainder of Lot 8, Block 93, along a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being : 4, 1030 10, 28.28 feet to the point of beginning and containing an AREA OF 86 SQUARE FEET. Being all of the land conveyed to ROBERT F. DRIVER, as Trustee under that certain Robert F. Driver family Trust, dated January 5, 1979, with powers to sell, lease, convey, mortgage and } EXHIBIT "D-21' 2. r" R 16645 42.4 other .powers more fully set forth therein, in trust, by 'deed dated February 20, 1955, .recorded at the Bureau of Conveyances, State of Hawaii, in Book 15464, Page 255. Subject, however, to reservation in favor of the State of Hawaii of all mineral and metallic mines. End of Exhibit "A" K EXHIBIT 110-211 3. �, • of i �r 73,Cws1i1' LI gyp, Djy G I.IIGII I'At 0 h `� � HawaI°sri Brain�rEp72AAlp .i �r t r zll Ha }1h t �rrt?r ". .r ? f5 1E 9c 1�°jan� �Creamry�i,' ° 'Chr - Ll fth?ran Church � 7d. 1 ce Cr=anKarn rl.a Eljr?t`I > }K AF w 'w :` � wd r Qjl {L -- Crudlnuo,n r tG Cl Fir i Am ' 107jIatEe C6i�o t� T.fk' �ti, �,Aundromrit aOld y {I o• '001 Ay" aVY2 71. Elepar t _ t! ,,���„ e • , AL oU Lul r + � t •"`�^t �'{dWJEli li`rtUl�$Itinvoo •L t + � rT4,Dia:lsly rllil�� �r r " Huila H4aloktaAro ,.prtr-neWc 7 x" SN • •I`� 1 r � LJrF•an� t�U&,I- I Iol�l.rr� ;hal nr�n •°..url-vorsii} f F Haws ,M t 1 S i CHANGE OF ZONE APPLICATION JOHN A.WAGNER and CHARLENE Y.IBOSHI PARCEL.OWNERS/LESSEES OF RECORD within 300 feet of 'ITMK(3)2-2-024;022, 1290 Kinoole Street, Hilo,Hawaii as of 112512021 Parcel Information Mailing Address Parcel ID -220230060000 ITO, HAROLD M Address - 54 LONG STREET 54A LONO ST Owner- ITO,HENRY M HILO 11196720 4144 Ir OJIAROLLI M ITO,CORA A Acres - 0.2296 Parcel ID -220230310000 ITO, HAROLD M Address - 54 LONO STREET 54A LONO ST Owner-ITO,HAROLD M HILO HI 96720 4144 ITO,CORA Acres - 0.264 Parcel ID -220230070000 BIG ISLAND EDUCATIONAL FCU Address - 66 LONO STREET 66 LONO ST Owner- BIG ISLAND EDUCATIONAL HILO HI 96720 4144 FCU Acres - 0.4859 Parcel ID -220230080000 ARAUJO,GERALD T Address- 1261 KINOOLE STREET 1261 KINOOLE ST Owner-ARAUJO,GERALD T HILO HI 96720 4127 ARAUJO,MARIA ANGELA G Acres - 0.485 Parcel ID -240560020000 STATE OF HAWAII Address - 1305 ULULANI STREET DLNR, LAND DIVISION Owner- STATE OF HAWAII 75 AUPUNI ST#204 HAHRC HILO HI 96720 Acres - 1.4224 HAHRC, Lessee 1099 WAIANUENUE AVE HILO HI 96720 2019 t EXHIBIT 66F99 1 r - Parcel ID - 220240190000 ONO,RONALD YUTAKA Address - 1324 KINOOLE STREET 2350 CAMINO DEL SOL Owner- ONO,RONALD YUTAKA FULLERTON CA 92833 1323 ONO,HAROLD TSUTOMU Acres -0.457 Parcel ID-220240200000 AKI,MAXINE K GST.EXEMPT TRST Address - 1310 KINOOLE STREET 1310 KINOOLE ST Owner-AKI,MAXINE K GST HILO HI 96720 4137 EXEMPT TRST Acres - 0.457 Parcel ID -220240210000 SHIROMA,ALICE L TRST Address - 1300 KINOOLE STREET 1300 KINOOLE ST Owner- SHIROMA,AI,ICF., L TMST HILO I-II 9672.0 4137 Acres- 0.457 Parcel ID- 220240270000 BANKS,MATTHEW CODY Address - 1306 KINOOLE STREET PO BOX 596 Owner-BANKS,MATTHEW CODY PAPAIKOU HI 96781 0596 Acres- 0.457 Parcel ID -220240280000 KAITELL,JOHN-NEE J Address - 1303 KINOOLE STREET_ 1307 KINOOLE ST ! Owner- KAITELL,JOHN-NEE J HILO HI 96720 4129 Acres - 0.2314 Parcel ID - 220240290000 CHOW,ARLENE L Address - 53 LONO STREET 53 LONO ST Owner- CHOW,ARLENE L HILO HI 96720 4161 Acres - 0.3019 Parcel ID-240560280000 STATE OF HAWAII Address -LANIKAULA STREET DLNR, LAND DIVISION Owner- STATE OF HAWAII 75 AUPUNI ST#204 Acres - 3.592 HILO H196720 Parcel ID - 220240250000 AU,CALENNA-LANI L L TR Address -47 LONO STREET 39 HOKUPAA ST Owner-AU,CALENNA-LANI L L TR HILO HI 96720 5515 AU,SHAWNNA-LEI A TR PASCUAL,MILAFLOR Acres - 0.2514 EXHIBIT "F» 2 Si Parcel ID -240560220000 STATE OF HAWAII Address - 145 KAMANA STREET DLNR, LAND DIVISION Owner- STATE OF HAWAII 75 AUPUNI ST#204 U00660 HILO LP HILO HI 96720 HAWAII HOUSING FINANCE& DEVELOPMNT CORP U00660 HILO LP Lessee BIG ISLAND HOUSING 2000 E FOURTH ST STE 205 FOUNDATION SANTA ANA CA 92705-3907 Acres - 7.159 HAWAII HOUSING FINANCE& DEVELOPMENT CORP BIG ISLAND HOUSING FOUNDATION 688 KINOOLE,ST STE 102 HILO HI 96720 3868 Parcel ID - 240560240000 STATE OF HAWAII Address - 1303 ULULANI STREET DLNR., LAND DIVISION Owner- STATE OF HAWAII 75 AUPUNI ST#204 HILO ARC HOUSING CORP#1 HILO HI 96720 Acres - 1.1848 HILO ARC HOUSING CORP#1, Lessee 1099 WAIANUENUE AVE HILO HI 96720 2019 Parcel ID -220240050000 HAWAII ISLAND BOARD OF REALTORS Address - 1321 KINOOLE STREET ATTN: LEE LOY,SUSAN E Owner-HAWAII ISLAND BOARD OF 1321 KINOOLE ST REALTORS HILO 11196720 4129 Acres - 0.4628 Parcel ID - 220240060000 OLIVEIRA,LIVING TRST Address - 1315 KINOOLE STREET ATTN:OLIVEIRA,LEONARD M/EVELYN V Owner-OLIVEIRA,LIVING TRST 45-313 NAKULUAI ST Acres - 0.4628 KANEOHE HI 96744 2220 Parcel ID -220240070000 KAITELLJOHN-NEE J Address - 1307 KINOOLE STREET 1307 KINOOLE ST Owner-KAITELLJOHN-NEE J HILO HI 96720 4129 Acres- 0.2314 EXHIBIT "F" 3 Parcel ID - 220240080000 HOOTA,ERIC R Address - 1297 KINOOLE STREET 325 KALILI ST Owner-HOOTA,ERIC R HILO I-II 96720 4061 HOOTA,JOSLYN E Acres- 0.6146 Parcel ID -220240220000 SUBJECT PROPERTY Address - 1290 KINOOLE STREET Owner-WAGNER,JOHN A IHOSHI,CHARLENE Y Acres - 0.443 Parcel ID-240560190000 STATE OF HAWAII Address - 127 KAMANA STREET DLNR, LAND DIVISION Owner- STATE OF HAWAII 75 AUPUNI ST#204 Acres- 3.802 HILO HI 96720 Parcel ID - 220230090000 YAMASHITA,DOUGLAS H Address - 1276 KINOOLE STREET 982 PUKU ST Owner-YAMASIIITA,DOUGLAS H HILO 111 96720 6200 YAMASHITA,YU JAE Acres - 0.6824 EXHIBIT "F" - 4 4 - Mitchell D. doth I VR Deanna S.Sakti Alayor Finance Director e Steven A.Hunt Deputy Director 4�F 19R`93&�� County of Hawal6Il DEPARTMENT OF FINANCE-REAL PROPERTY'TAX Aupuni Center o 101 Pauahi Street u Suite No.4 o Hilo,Hawaii 96720 o Fax(808)961-8415 Appraisers(808)961-8354 - Clerical(808)961-8201 o Collections(808)961-8282 West Hawaii Civic Center - 74-5044 Ane Keohokalole Hwy. . Bldg.D,2nd Flr. v Kailua Kona,Hawaii 96740 Fax(808)327-3538 - Appraisers(808)3234881 o Clerical(808)323-4880 Website:www.hawaiipropertytax.com r—;Ak, PrIMET"ITY TAM CLEM" NICE (Rent 07113,) Date: January 25, 2021 TMK(s): (3) 2-2-024-022-0000 c. This is to certify that the real property taxes due to the County of Hawai'i on the parcel(s) listed above have been paid for the tax year 2020-21, up to and including JUNE 30, 2021. The County's real property taxes are levied on July 1 st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of John Wagner & Charlene Iboshi for the County Planning Department and is issued for this/these parcel(s) only. By Namele Walker REAL PROPERTY TAX DIVISION r,. Paid up to and including JUNE 30, 2021 Hawai'i County is an Equal Opportunity Provider and Employer (,r Law Offices of Yeh& Kim RONALD N W KIM RKim@yehandktm con}_ 10 Kamehameha Avenue,Hilo,Hawaii 96720-2830 ofCounsel `f Telephone: (808)961-0055 THOMAS LH YEH Website: www.yehandkim.com TLY cQr yehandk,m com JILL D RAZNOV JRaznov c@yehandkim com November 20,2020 Alan Downer,PhD,Administrator State Historic Preservation Division Department of Land and Natural Resources via email: dlnr.intake.shpd@hawaii.gov hawaii.gov 601 Kamokila Boulevard, Suite 555 Kapolei, Hawaii 96707 RE: Request: State Historic Preservation Review (HISS §6E-4, HAR 13-284-5) Project: Change off Zone Application from RS-I0 to CITY-7.5 Property: TMK: (3) 2-2-024:022,Waiakea, South R to (19,296 sal,ft.) Dear Dr. Downer: On behalf of our clients, John A. Wagner and Charlene Y. lboshi (Applicants),we respectfully request a"no effect"determination from the State Historic Preservation Division (SHPD)pursuant to Hawaii Revised Statutes (HRS) §6E-42 and Hawaii Administrative Rules (HAR) § 13-284-5 in connection with Applicants' Change of Zone(COZ)Application for the subject property from RS-10 to CN-7.5 (to be submitted to the Hawaii County Planning Department; draft available upon request). The subject property is owned by Applicants and is described as: Lot 8,Land Patent Grant 9287 to Sanji Abe at dock 93, Waiakea House Lots, Second Series, Registered Map No. 2705, First Land District, Waiakea, South Hilo, Island,County and State of Hawaii, bearing address 1290 Kino'ole Street, Hilo,Hawaii 96720, and identified as TMK No. (3) 2-2-024: 022 (the"Property"). Applicants request a COZ from Single-Family Residential District,required minimum building site of 10,000 square feet(RS-10)to General Commercial District, required minimum building site of 7,500 square feet(CG-7.5). The Property is approximately 19,295 square feet(or 0.4430 acres) in land area, is designated as High Density Urban (HDU) on the LUPAG and is in the State Land Use(SLU)Urban District. Surrounding land uses include residential,general and neighborhood commercial, and double-family and multi-family residential. The entire surrounding vicinity is classified Urban on the SLU map and designated HDU on the LUPAG. Applicants' COZ request seeks to conform the existing use of the Property as general office space by Applicants' current lessee,the State of Hawaii, and allow Applicants to continue such commercial use by future lessees and users, as well as expand the pool of such users. Under consideration is leasing the Property to Applicants' son, a licensed Physical Therapist, for use as a medical/physical therapy clinic. The Property is located on the mauka(west)side of Kino'ole Street at the south west corner of Lono Street, between the through streets of West Lanikaula and Mohouli. Pedestrian access is from Kino'ole Street, a 60-foot wide county right of way. Driveway access is from a T1T TT TTTT TT'f^f OOT T!! Law Offices of Yeh&Moore -A Limited Liability Law Company November 20,2020 Page 2 10-foot-wide, asphalt-paved driveway located at Lono Street,west of Kino,ole Street,where Lono Street becomes a dead-end road,depicted as a paper road on the Plat Map. Applicants purchased the Property on May 7, 1985. At that time,the Property was improved with a 3,056 square foot,two-story,three-bedroom,two-bath permitted residence,built between 1925 and 1949,which is still in use today. A permitted, detached 1,200 square-foot enclosed garage,also built in 1925, is located about ten feet mauka and north of the main dwelling. This enclosed garage faces, and provide access to and from,the Lono Street driveway. A low rock wall with a built in stair separates, and provides access to,the raised front yard from the sidewalk fronting Kino'ole Street. The Property also features mature landscaping in both the front and back yards. There are no other impcoveillerlLs oil the Property. No additional improvements are planned or proposed at this time or in conjunction with Applicants' COZ request. The Property is currently leased to the Judiciary of the State of Hawaii for general office use, including all activities of the Child Advocacy Program,pursuant to a Rental Agreement, dated April 17, 2019. This Agreement commenced on May 1,2019 and is set to expire either on March 31, 2024 or upon 120 days written notice by either tenant or landlord. The Judiciary originally began leasing the Property from Applicants,for the same uses as it is in today, pursuant to a Lease Agreement, dated June 14, 1990, recorded in the State of Hawaii,Bureau of Conveyances as Doc.No. 91-018421. Currently,the dwelling accommodates one large office space between both floors; however, sufficient space exists to accommodate up to three offices. The Site has been used for residential purposes since at least 1925,when construction on the existing improvements began. As such,the existence of any surface or subsurface archaeological remains is extremely unlikely. None are currently known to exist.Although the existing improvements are over 50 years old, and considered"historic property"under HRS §6E-2, the Property is not listed on the National or State Register of historic places and is not recognized or nominated for any historical significance, nor are Applicants interested in listing the Property as' such. Applicants do not, however, have any plans to alter the historic character of the improvements at this time or in connection with the COZ request. Thank you for your time and attention to review the instant request. Please feel free to contact me if you have any questions or to discuss this matter further. Very truly yours, LAW OFFICES YEH&KIM JI A 0 Enclosure(s) ec: John Wagner and Charlene lboshi Sean Naleimaile(Sean.P.Naleimaile@hawaii.gov) r _ Real Property Tax Office o OaeMew �p�PaP I / Z Legend ❑ Parcels _ �' � E L�ANIKAULA ST tr �•o 2 Parcel 220240220000 Situs/Physical 1290 KINOOLE Market Land Value $215,000 Last 2Sales ID Address STREET Dedicated Use $0 Date Price Reason Qual Acreage 0.443 Mailing Address WAGNER,JOHNA Value 6/14/1990 0 LEASEINTEREST U Class RESIDENTIAL 485 AINAKO AVE Land Exemption $215,000 ONLY HILO HI 96720 Net Taxable Land $0 5/1/1985 $107000 ARMS LENGTH Q 1607 Value TRANSACTION Assessed Building $218,300 Value Building Exemption $218,300 Net Taxable $0 Building Value Total Taxable $433300 Value Brief ni a Tax Description (Note:Not to be used on legal documents) 'Hawaii County makes every effort to produce the most accurate information possible.No warranties,expressed or implied,are provided for the data herein,its use or interpretation.The assessment information is from the last certified taxroll.All data is subject to change before the next certified taxroll.The'parcels'layer is intended to be used for visual purposes only and should not be used for boundary interpretations or other spatial analysis beyond the limitations of the data.The'parcels'data layer does not contain metes and bounds described accuracy therefore,please use caution when viewing this data.Overlaying this layer with other data layers that may not have used this layer as a base may not produce precise results.GPS and imagery data will not overlay exactly. Date created:1/28/2021 �j �p Last Data Uploaded:1/28/20217:26:03 AM EXHIB I g 71111 BIr' may "10 1990 M. Low6er Prcigrom Director ri-' rr)^s:wpr f iii tcr f73t ;7i4cci P t Fox 100 TTt , z;- �TJ� 1,7rryT7 °s lkeldocecy Cent r! 7oning Inquiry c i r ir, r'r? P'iC?*':, u to -'`'ur letter t %l t.¢ C, Ar.-ri I 1,6, � t,€0 4 ! t1, rer r,'s to alloy i T � the f. s=: i l t ren s c Af'4';kf'p-f y C'oT?tt--_`r on # }:.e ray w_c t 1=r,.r,c?ri T 13r."i k??fC t(` is T_ .c ? - f t f �i j•^ f t 1 C? t c. a ii• O U 7tt r !--n e(5 uror your l t.:i tr r anrl ��t.i�'i 7. El Cit'-for , L?¢a }1'�t' e _`•t t 1 T"rr.� ' f' teM`lisl-r."cert r tile 1(4rer. s A,i vocacV €eT:t='r or, th 20 -4ect Property wi tH r an E?xi,st nc, ,_;i C3�.�?-fcF'? ?tr k:1 ,-i.1 Ing s,>C?' i e �" r j°F rmitte(' a.`.h a T-t]; l i.4" se..rc; r,,t, Use. the tr<1lf��;ire q rrrovi ?ons : 1 . .evv r_::- -y Center ml -III � tiP i^oln. f ci TY".. irt': of the structure. 2 . he Office use proposed by tJ it strite ;;3q-, cy ^h-MI! 1c)t 3^ t ransfera: 1e . r, Yours n, l f"rT r� � ;+- y Vit, . f f'�;r � � � t,:,; ��''G:rc` t ?f> ,��.i l }.� 1 ir.:i t�'e Y:ar.tL'E"�t 7 :45 a.v. to l :30 , .Y'.. a�onclay 1tl�,rl?T!q -z F'rit'17ye 4. e existing structure sf, a>ll retai r. it? rpsir'en.t.', rtRl character with. ni.riim l exterior alterations. 5. INIo parking or vehicular back—up shy:?i i,e perv;lttef' along Kino€ le & boor Streets rr wd.thin tc,?e r--int-of-way. 4" 6 . Proposed signage may he attachc-& to the structure, x;Lt Skull net. he free iriO'irrg. S;rararle �hal.l 4�e r�€F�it=�cl ar?t? approved .Ft the time of plan: approval . Planning Dept. iiia Cathiv m. ijov,411er Viav I , Page 2 7. Final Plar Apjrrwal r-.unt ��e i�ecvrer*' fron our Off.41-1 . P I a n Appz:c,vPl revi4r,�,r -Involves submittal --f floor plans, builelinq elevatiems, anc'! e eite plar-p elrewn to scalc� dell-n-eating ing, proposeei nr�-;p f"c-O arc' exi.,-ting lanrlcoqp parRinq am-f" -Q`rive�.:ay acc �Bs. The -rop.-osee parki'rr, roted on Your .Fite pl&rl -cull-littal woulo not hle :Fcceptalble as cars WOUld �-e r4,Vorsinq ontc-, a ( street ) . s.The property io, enlouql- to accommeiate parking stallcl �;nwever , an,5 car out u- tj- r -)ur office (71.ur-lin- plan approva.l. Tl-. c e s P r y r t e, c�-F,P.q,-C... i I thr t t o,f P ul'r,141 c Tr 7 n-r Y.P; is?.}t''7 n q Ion, of t f i r f C!u-1 r g.1 Y F, o I t h i C d c-t e r j,z i n a t or, F e.I ly c, tyre r e t i i r n n C, :.i C ha n q e of 7 o n e N, Zt o n f C,r t-1-r-, '1"t"y ?"4"'' ?• q Y'(',? E Fac_ t r'' nn a r '`+! .a T . T. oo 1t I o r n r d to t cl,r i(=.=} f I -v r t i on a,,,Cn{z. p de CF t�14 - o f i C e t n Cc C.,r a T'l C.Cl ()-(--t. Q,1,'I,7 J r I�- (t� — ll udy 1.n 0 v 0 r F S. r Ywop jC'l /c �y c�f A I j-C bcc: Masa -� -� CHILDREN'S ADVOCACY CENTER OF JUDY LIND �T Director EAST HAWAII All CATHY M.LOWDER The Judiciary.State of Hawaii Program Director P.O.Box 1007 Hilo,HI 96721-1007 (808)961-7311 April 16, 1990 Mr. Duane Kanuha Planning Director Hawaii County Planning Department 25 Aupuni Street, Rm109 Hilo, SII 96720 Attn: Connie Kiriu Dear Mr. Kanuha, Re: TMK: (3) 2-2-024:22 We are requesting that the site at 1290 Kinoole Street be r approved as a permitted use for public service by the Children' s ( Advocacy Center of East Hawaii, pursuant to Chapter 25-51 of the Hawaii County Code. This is a follow up to our earlier letters and subsequent conversations. The following information will address and hopefully clearly demonstrate to the department that the proposed site's use as a permitted use for the CAC-EH 1) will be consistent with the general purpose of the zoned district and the General Plan; 2) will not be materially detrimental to the public welfare nor cause substantial adverse impact to the community's character or to surrounding properties; 3) will not adversely affect similar or related existing uses within the surrounding area, community or region; and 41 will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection and other related infrastructure. The property is currently zoned residential [RS-10] with the area designated by the General Plan Land Use Pattern Allocations Guide map for High Density Urban Development. In the blocks around the site, there is a mix of residential homes, refurbished houses used for offices, and newly constructed office complexes. We do not foresee any negative impact to the surrounding properties or the community' s character by the CAC-EH's operations. This site is easily accessible to the Police, Social Workers and public, being located on a well known main thoroughfare, near commercial areas. This house meets the needs of the Center, being easy to reach in a central location and at the same time providing a comfortable setting home-like setting. The use will not differ or affect the current or designated use by the GPLUPAG map. WEST HAWAII CENTER OAHU CENTER MAUI CENTER KAUAI CENTER 75-137 Hualalai Road 3019 Pali Highway 2145 Main St.,Suite 226 3059 Urni Street,Rm.201 Kailua-Kona,HI 96740 Honolulu,HI 96817 Wailuk».HT 96793 Lihiip.HT 96766 page 2 4/16/90 The site is a two story House, located at the intersection of Lono and Kinoole. The Children's Advocacy Center model requires an unimposing, confidential home-like facility. The main floor which is the upper level and currently the living area of the house, will be used as is for the reception, waiting area, and offices. The renovations to create two soundproof interview rooms, an adjacent viewing room and conference room will be done downstairs, which is a couple of feet below ground level. The renovation will require no structural changes. The kitchen and bathrooms will be retained as they are. The exterior of the house will be painted, but will retain the appearance of a single family residence. The plans call for the creation of seven paved parking stalls. There will be no street signage, except for the current house number, which will be on the mail box. The operation of the site as the Children' s Advocacy Center will require the two staff people (Program Director and Secretary) to be there during normal working hours, 7:45-4 : 30 Monday through Friday. Scheduled interviews will involve the child victim, who will be accompanied by the non offending parent or guardian, one Police detective, and one Social Worker. Although two interview rooms are being created, they will be designed differently, one for pre-school age children, the other for older children. We do not expect to have two interviews being conducted at the same . time, and will have only one set of audio/video-taping equipment. Case coordination meetings involving the Police detective, Social Worker, and Prosecutor will be held as necessary. We would like to stress that the operation of the CAC is to prevent children from having to be interviewed at the Police Station. There will be no interviews of alleged perpetrators at the Center, as these would be conducted at the Police Station. The operation of the Center is very different from other government offices, as interviews will be by appointment or prior arrangement so there will not be a high volume requiring that people wait around for their turn. Although a Judiciary program, the operation of the CAC will be very different from the traditional Courtroom or Probation offices. The Children's Advocacy Center's operation will not require the use of any equipment that will impact the environment's air, water supply, sound level nor require special disposal of any waste. The office equipment will include a typewriter, computer, and small copy machine, usually found in a two person office. Energy, water, and waste disposal will be comparable to that of a single family. Because of the pre-arranged nature of the interviews and meetings, traffic to the center will be limited in nature, and no more than when a family has relatives over to visit. Use as the Center will have less impact on the infrastructure than if this size house was rented to University students. Therefore, no changes in the present infrastructure will be required by the proposed use. The CAC will be the sole occupant of the structure. page 3 4/16/90 Since minimum renovations are being made to the lower level and none to the main level of the house, should the CAC vacate the property the house would still be useable as a residence under the current zoning. This site meets the needs of the Center in that 1) It is conveniently located; 2) provides a home-like setting, with ample internal space for use as the CAC-EH facility; 3) Has adequate on-site space for parking; 4) Is available at a reasonable rental rate in June, 1990; and 5) is in an area that has both residential and commercial activities. We will submit our site renovation plans for approval and will obtain the appropriate building permits for the renovations in conjunction with the permitted use of this site. Attached is a site plan, drawn to scale delineating setbacks, proposed parking and landscaping. To follow will be building floor plans. Please contact us for further information or clarifications.' Thank you for your consideration of this request. Sincerely, Cathy MLowder Program)Director cc Judy Lind, Director LARRY S. TANI.MO`l'O 'favor Duane Kanuha Director aF � Go,±t7..•".;9,_ William L.Moore Plannincr e"art e t t Deputy Director 25 Aupuni Street, Rm. 104 e Hilo,Hawaii 46720 @ (808) 961-8288 „TE OF Kf� June 13, 1990 Mr. J. Eliot Merk Vice President Children' s Advocacy Center of East Hawaii P.O. Box 1357 Hilo, Hawaii 96`?21-1357 Plan Approval Applied For : Children's Advocacy Center Office Use `I'MK: 2-2-24:22, PA-2604 We reviewed and processed subject plans for final approval. }} Enclosed is copy of Plan Approval sheet for perusal and file. A building permit must be applied for and secured for approved subject building improvement within two years of above date . Should you have any questions , please do not hesitate to contact US . Sincerely, l �UANEINUHA Planning Director Enc. 1 Planning Dept. 4 U N 141995 COUNTY PLANNING DEPARTRENT F I N A L P L A N A P P R O V A L Applicant Children's Advocacy Center Date June 13, 1990 Tax Map Key 2-2-24:22 Location Hilo Proposed Use Children' Advocacy Center - Alt. to dwelling Zone RS-10 Parcel Area 19,295 sq. ft. As shown on Plan Canments Front Yard Existing 10K Rear Yard OK Side Yard OK Ht. Of Structure JOK Access to Parking Driveway off of OK Driveway to conform to County Driveway Code and Lono Street paved with all weather, dust free surface: --off Street Parking 4 new stalls and OK Office use - 1,638/400 = 4.095 stalls. existing 2 car garage Loading and Unloading Space Density Fencing: Material Height t Location —Landscaping As per plan OK 4 others Chapter 343 relating to EIS OK Exemption Conditions: 1. Parking to be paved and striped and landscaping between the parking area and Lono Street property line shall be in place prior to the issuance of the occupancy permit. 2. The office use for this facility shall not be transferable to any other State Agency. 3. The hours of operation shall be limited between the hours of 7:45 a.m. to 4:30 p.m. , Monday through Friday. 4. Signage may be attached to the structure only. No free standing signs will be permitt( t Date M PD 09/85 (7321A/9A) f t DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: April 5, 2021 �1���'�t��aCa✓tt TO: Zendo Kern, Planning Director FROM: Department of Public Warks, Ennineerina Division; . SUBJECT: CHANGE OF ZONE APPLICATION (REZ 21-000245) Request: RS-10 to CG-7.5 Applicant: John A. Wagner and Charlene Y. lboshi TMK: 2-2-024:022 r._ We have reviewed the subject request forwarded by your memo dated March 5, 2021 and offer the following comments for your consideration: All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. We recommend the applicant improve Kinoole Street with a "full width" concrete sidewalk along the subject property's entire Kinoole Street frontage complying with the Department of Public Work's standard detail R-19, dated September 2017. Currently there exists a 4-foot wide concrete sidewalk which should be widened to 10-feet up to the existing curb. Our recommendation requires the removal of the existing sidewalk. All earthwork and grading activities shall comply with the requirements of Hawaii County Code, Chapter 10. Erosion and Sedimentary Control. E Construction within the County right-of-way shall comply with HCC, Chapter 22, County Streets. Planning Dept. Questions may be referred to Robyn Matsumoto at 961-8924. Exhibit I AAA Ar_ 4 i April I'. '02't It 1: Mr. /ciid(i Kan. Dinxto !}1i1t1llttl,w {�41!tlt'tlllt'11t l III ISL locitil l:. t_)1._init�tu. f��tanu� er-t_'llicl l.:n,2ineer tii 13JE " h: ('hamic of/one Application {1tFY 21-00024-5-0 Al'phi-110 f-3 .1ollitTO 11 t, t!1 a�-)rlc�r:lgId Ch"Idell � l'. llto I)i ltt.'tl14U.St- RS-10 Itl Tat 11,11) KeY 2-41-024:022 \Ve It:[%e rc4je1.ed Ole sllhlecl application :IIID lin-v the 1,011 ,,illL!CiM1il mClit" Alld Oltldiltoll� ',1 Iter I, 1'rs}nr an CNI'Aill 15-111"h aterliile ~vilhin 11"ino-ole Street Crntl in'., the tiulljcct lml-cel. 11ICIV i, ,Ili 1-inch Sen ice ltltCi'A aS,1;jgIled tri-tilt' i>uhlCCI. 11:11-CCI eapuhlt Cl) tiCCt'.(iUtlCtttatt111_° a ti}ii-Hldl mcicrl 1111C11 t; linlitCtl tO iltl ateralSU tltlik IISa'_e (d HIO 11:dlollS. t he t3tp<lrtlilt:nl ha', u,1 sr11je1. ioII to IIIc pr")po"ett elrui; c +1 x�5ne aplllieltiitiii. .��thjcet it, the appliclntt tulkkT',t;IlldInt-1 and accepillig- the ltillutGine Condition.w: I . 1 he DCpartnlk:ni rctlue't,, that the il}llllieanl suhnlit nlatitnntu &lik +4iuer ti,,:we caicltlzlti�}n prepared hr a pn,1'r„isrnal Cw-611vcr liceti,ed in the state (lt'11,M;ii'i. klli 1-0 Ki; Itntl apprcn Ill. I l:: X~Wcr 1111Ick: c;lleula io1 ,, _"llmild inelutle Lite k�ztilnaled peak 110Nn ill .-illlmis per nliluite (61'11). and the ti.ltltl e'�,tilllatcd 111a,.it11tllll daik in 2ZI11011, JM-day, includim-1 all irri--otion l I-1011 I-CCk:ilit til llle t411teC 11t3IUIC e:llcttlittlt?n ahovv. thc; i.'Cpal'in.iew ,4ill llud,e 1 ,t>11) the I1I11:1 Citl'llfilllliti'I!l anioltiil an<t hiesa1ll11, laeliltl chaf'1,1C. �%Ilicll i�+ >tlhtl'Ct to :114111��C, to he pilid. 11,1;ed 011 (ll'.: 1411101- dellialid Calculalio n" 01C I_)Cpartilicit I 14Itl idetei'mirle tllC ;tl�ple�prtlltc tiCl'1 K C t,tictad mid 111':ter'I/C 1-t2qu;llv'i_l. 1 he -,Ai-sail£ ; l-%ICC faAerat dill ticcd Ill be L'tlt :!Ilei pkl",�,J. 1 l t l;rs>1:i1:;t l /,nii:ilz i11 rrtlilii'e tis : n .t,tlLltit}n c11 a rislu ed plc o'ttre t� p;: ticx 1`IILM 11re1Cntikil, a�;emhll. hl ci li `url;rtl t�}ntrlt'ts'1r, 1�ithitl liu'l5t 01'(11e ill) Pt*k;tte l»-toedy. Il*zl 111-.ge1 or idlItth'Iml mulct t", t'eaLIIN.1. a 1M1d,11,1 % llrcvclilioll NN 111 akt1 he I-quirekl lhr-thai niC,er, 111)' iti lall;ltioll 1:1'111,2 I1i10EN11ov, llreV °t1tlCtn J--,c 1h11 tllU`il ht l!1,TCC(Vd EIlld ilpl iC11t`il h} IllC Dej)Jllvit:ot helUri: e011111Ik 11t:etTICIll ul' ice. hC inklrllt,td tllat ille 8-ill;11 y;Iterlinv v"iihiil Hilt;+'ole ;urea i-, loopc& and therc:l-{ire_ ail tluail.: to firm itte '.t}iltl til'11 t lr lire pr<1Lecticlti. Its required per the l tpl-lrt111ent's Water Slstenl `'standard:: Manning Dept-4- Exhibit, eptuExhibit, . . . `Water, Our Afost LP'recious Wfsource. . . Ka ` One. . 141133 tilr• ! 11 1j Kern. f) 1':' { Ilt't t t•} t;1fl "' L'a'tlUl,'�. I"t'c�l)ltlill44lt, t;'• m'ttll't IIIII'tlit`. 111f1111 tf111;-2 1 tit-'tit.1\ sIi'Ili.i(I" tf11.' dC1t'ft+('�1?:�lil. t11! appl':�:.11II '11:111 ll�: Ik:"11%11i`.li�i�' Itit 1 hc 'G`f;��a?°s�3i ttltt� A�_t�[.�iillCnIiti; thy' I)t"par1111vlit tttluCtcd mlitcr ;t ,ILIA lil 'IIIttt'�_ w'1k�lIld It.'1 N: Ifs:'v.;1Ili. ShollId ',tlti"C hu dItl\ quC"ti,'w,. 1)tt:i;se iln Quitc-1ilink ;it tfit r 11;21- RCS LIII IC ' iIll l I'LHIllitl•! iirl11 1,j) ,it 961-�i1P'it, a kcith K OK1111folo, Pj 1lllna �'r-C lIiel I:n--illevi- RQ:dL-1 cc�li� I.<It� (t11i��:>i�l`S �ftcti:. l�itll l 4 Mitchell D. Roth '' Ramzi t. Mansour Mayor Director \ 4M �' Lee E.Lord '';;�•p;;;;a°`f Brenda D.loicepa-Moses Managing Director Deputy Director rOumy of Hawaif i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 KekOanao`a Street, Suite 41 -Hilo, Hawaii 96720 Ph:(808)961-8083 • Fax:(808)961-8086 Email: cohdem@hawaiicountY.Bov MEMORANDUNI 10: %endo Kern. Direcior N,11111JI1- DcI Irtnicilt t ltit iyt: h.Lniii.t i. AIWISOtir. 011%2 U)i { Depiartment of'Environmental N"Jana�('Cinent DA [k: Vlach `'ct. 2021 St_"[31I;C. T: Uhangr ol'Zone Applicailon (RU 21-I)00245.) :applicant: John A. Wa,nier told C'liarlene Y. Ihoshi R0,11.1etit: sin le-l'amil-V Resictclitial (PvS-l0) to GeIlt'rtll Commercial (('(i- 7.5) l ay: Map Key: 0) 2-2-024:01) The Sol \Waste Di%-isioil has rc%iowed the SU11Jcct application and ol'tlers the 11`611,�61- comincnts aild"or rect n.1111 liclations (cotitaCt the Solid Waste Division IST dctuils): No comments. { } ( ollitnerci al operations, State tend Federal aoeneles. rcllgious c:ntltics and noll-prolit oroani/ation mai not Lisc trarisl*er stations toil'dkposal. 1 Xl ,AoL're�aateS and aliv other coiistrLictioii!detnellitioti «wiste should he re.,hcnasihk reeked to its fullest extent, ( X :ample and equal room ;lwUld Ni provided ['or rithhis h and re-cycling. ( `C } C.ircen i4flite tnaN be traiitiported to the sgrcen X�astc sites located at the GVc:st t la•F�ai'i Organics l��acilit� and 1~.ast Ilawai'i 0I anics l,acilit�_ or other sLiitahle di�cisielil Prliprani s. ( ) ('011strticaiun and den-ioliticm xk rite is prohibited at all CountN Transfer Mations. { } Submit Solid Waste Nianaocinent I'lLtli in accordance with attached U'uidelines. ( l l xistin; S{slid 'A'aste Manaoetnent flan is to he folloxNed. Prov ide update to the departincllt oil Current status. ( .) Other: _ 1 ---Karming Dep' , Exhe l 7 - --- County of Hawai`i is.an Equal Opportunity Provider and Employer 140820 Page 2 Hie Wastewater Division has re-vie-vved the subject application and uft' rs the tilllo�6i- C01111T1c lits 4111(Por recoill mendatiorts (contact the 'A"Liste�lat.er Division ltlr dCtall'Si: { ) No comillelltl. { X 3 Recluire connection of exists g and!ol. proposed St1'11C I'C? to the )Ill-)lIC sC%%Cl- ill accln•dance kith Section 21-� oCthe Ikmai`i County Code. 1 Require Cix111cil Resolution to appro) .e se%ger extension in accordance � ith Section 21- 20.1 (lythe lla�kai'i COLIMtCade. Complete Sewer Extension Application. ( 1 Require extension of'tlte sewer system to seri ice the proposed ti(lbdk isirlll in accordance with Section 23-55 of the I Iawai`i County Code. ( } Check o)-firer out u) uj)j;1iLvh1e: [X 1 IFregUired Icy the Director of the Department of I"rivi ronlnental Management (-Director cel'L7EM-). applicant shall conduct a sewer rlydy in <tc:(:c�rt_I:ince uitll the thenapplietll le t1(1 1C��'titel 5t t('911 de i{'11 standard+ 1�rtot, to apprm'1 to The ,`.itcnl. A' pllcant 5114111 111v%i�.1e J:1eLi Sws.�:1' Iin1 ( i11 t', ilir' r i�1`` ..',`.,•t „- '1�` 11ir �t`�r .�l• !,I'w,1 I".:1: .. _ -,:1111 r: •1 �i° I � ,�r t�� , SCYot'E Jrtltit' t1 Ir1dIC41LC 'Li'e adN i.-,able {M 11111IClih011 Ul i11T1Tc LL,1 ctl ik {.11trl1i�r;C>1 {tfit�C4{. i ttni�t�t %'�a-t�:4�at, l 1)Et itia+_>Ii t lil�:1 l��P C1ct ills. 7",1 r sri { i KNI 1,r. Mitchell D. Roth Robert R.K. Perreira Actim,Fin,Claef Lee E. Lord Vana"in"Director Count)) of lyaluail HAWAI'I FIRE DEPARTMENT 255.%upmdStreet 9 Suite 25111 *Hilo,fhuai,i 90-,24) (808032-2900*1-ax(808)9-12-2928 N-1,11,C11 19. 20f I TO: Zf,"Nf)() KI. N. 1T,,VNN1NG FROW W-)[WRT R K. PfWFJR,� , ACTING FfRf: CHWI` SUB-11"Cl". Clian- f�Cz- ncA Jill Ii k•�It io n (pEZ 21 000,115) f\'Cquest: sillglc-F-,Iillily Izesidenlial (16-10) to (icnaal C,oninict-cial (C(i-75) Applicant: John \Va,-nlcr& Charlene lboshi 'falx \4ap Key 1-t-024J)22 Re(um%tim-, the ahm e-mentiollftl I-CCILICSt. OIC 1*6110win g shall be in a,:CORIMICC: NFPA 1, UNIFORM FIRE COI)E, 2006 EDITION ,Vwc: 1-11%, Coie, Naliomil Vin, ProhCli()l A8.kf)L'ift110;1 Wilh ( rt ml) k'0 Ih Chaptel, IS' Hiv Department \cCess and tk`aterSUPPk 18.1 General. Ili-c(1cpartinctit access and tater supplies shall comply with this- chapter. For OCCLIJ)WlCiL'S 01'ilfl CSI)ecially 11i1/,UCIOLIS tUltUIV, 01- whel-C,spcciaj hazaals Csist ill addition to GIC 1101-111HI 111VUld 01't1lC OCCUpd1lCV, or\OICIV LACCCSS for fire 21j)pffl-,1tL1S is Uildtily dill-IcUlt, (w atcas, Mitt-e tliei-, is an itiade(JLMte fire flow, or inadequate fire hydrani spacing, and the ' 1ll,t\ FC(IL111-C �Idd'tiollakl sa6epuarck including. but not limited to, additional fire ilj)p1i,1t1Ce Ullit.S, marc than one type of apphatice. or special S\'Ste111S SUitdille for the protection ot*the haziwd itivokvd. 18.11 plans, 18.1.1.1 Fii-c Apparatus Access. N.ans Ilu fin-c apparatUS access roads shalf bestibiniited To the t-11v(.1cpartilielit 1,6r review and approval prior to cons(I-Liotton. Planning Dept. qNW4/, Exhibit Hamm'i Cwmhyjsem FqroalOpporfrorif.v PravritenvulEmploVer. 140643 £ tendo Kern. Platnain'r Director March 19. 2{i2)1 Pa{uc 2 ol*9 18.1.1.2 Fire Ilydrant Systems. Plans and specifications list- fire. hN=chant SN-4cros ,hall be r;uhmitted to the fire: department for review and approval prior to construction. C' 18.1.1.2.1 Fire Hydrant use and Restrictions. NO unauthorized persona shall use or operaw any Fire lat•drant unless such persota lust secures permission or a permit from the Ownct car r•epresetttativc of the: department, of,company that cmvns or troverns that lNVLI r wuI)I)IV err SN'stc117. Vxception: Fire Department personnel conductin,; firefighting operations. hydrant testing, and.Or maintenance, and the flushing and acceptance ofhydrarats witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department access. 18.2.1 1"ire department access and fire department access roads shall he t7rovided tract nmint�rinc d it, acco rclonce with Section 18.2. 18.2.2 access to Structures or :Areas. 18.2.2.1 access Box(es).The A I U shall hate the; autlatu-ity-to redttire all acct: hos(.cs) to he installed it, att accessible location where access to or within a structure or area is dil7icult hN.ealaSe Ol'SeCttt'ily. 18.2.2.2 Access to C:ated Subdivisia7aas or 1)e%-elolaauents. The. ,1,1-1,1 shall haVc the authority to require fire department acc.e:"s be provided to 'Wt.ed sul'tli%.i4ic7ns OrdeVC101rnlents thrc,u;"ll tlac use ol,at) approved CICN ice or systctu. 18.2.2.3 Access 'Maintenance. The oWwner or occupant of a str•uctcn-e or area. with rccicritwd fire departancrtt access as speciticcl in 18,111 or 15.2,2.2, -hail notify tlae AtL1 when the access is modified in <t nnaancr that could 1)1'e%ent fire cicptu-tnaent accc-sN. 18.2.3 Fire Department Access Ito.ads, 1*naay be relerre(I as (=DAR) 18.2.3.1 Required access. 18.2.3.1.1 Appror ed fire department access roads Shall IIe 11170 icfecf tier every facility, hulldi11,1r. or pt.rrtittn of a hlildira- hereatM' c:otastructcd err relocated, 18.2.3.1.2 lire Department access roads shall cc}ra5ist o!'roaLI%VaVs, fire lanes, parkin, lots Or it carmhination thereof; 18.2.3.1.3' Wlien not more than two erne- artcl or private garages, e:arptrrt�, sheds. a ll'icultural buiidim,s, and detached buildings Or structures=0011' (37 m'`) or less are ( pre,ent, tile: ra€ltrireralents 01'18.2.3.1 through 18,2.3.2.1 shall be permitted to be modifie<a by the AHL Zendo Kern, Plannin Director � � March 19. 202)1 Pagc 3 of•9 18.2.3.1.4 When lire department access roads cannot ht installed due to location on property, topography. watercvays, nonne�.totiahle �—,rades, or either similar conditions. the Al IJ shall be autlxtrirecl to reeluire additional fire protection Features. 18.2.3.2 Access to Building. 18.2.3.2.1 A lire department acccs: road shall extend to within in 50 ft (15 m) of at least one exterior door that can be opened from the outside that provides access to the interior-of the building.;. Exception: I and 2 singgle-Camily dwellings, 18.2.3.2.1.1 Wbetl huildith; x tendo Kern, Planning Director `larch 19. 0?1 Page 4 of'9 C— 18.2.3.4.2 Sttrtatce. Fire department access roads and bridges shall be designed unci €Marntained to support tilt unposed loads (?^+ `Pons) ot'the tire apparatus. Such FI AR and shall lie comprised of an all-weather(11'1%iz1I-x surf"ace. 18.2.3.4.3 Turning Radius. C— 18.2.3.4.3.1 Fire department access reads shall hake as minimum inside turning, radlta"; of'30 feet, anld at nliniuMunI outside ttu•ttitty" radius 01*6 } feCt. 18.2.3.=1.3.2 Tarns ira fire depMICIAent tICCeSzs road slaatll Maintain tile: rltinin7titn road wIdL[r. M-1.3.41.4 Dead Entls, lkild-end lire(IC parlment access roads in ewes of 150 tt (46 m) tt1 len ,th shall he provided with approvedi1rc,��isictny (01'the Lire at)1t�tu'atus to turn M-L 1lrl. 18.2.3.4.5 Bridges, 18.2.3.4-5.11 When a bridge is reyttired to be used tis part of a lire: department access road. it shall b;;ccrnstructecl Lind 111aitltaitred ill accor-daulee With count)' reyuirentents. 18.2.3.=1.5.2 The bridge shall be&&sided lirr a liy-e It€ad stul'ficicnl to carry the imposed I€Marls ol' fire apparatus. 18.2.3.-4.5.3 Vehicle to,tel limits shall he posted at hotlt eutranc:es to brid;"es IMV reilttirtd bV the At 1.1. 18.2.3.4.6 {:rattle. C'--- 18.2.3.4.6.11'llc:tna:irnum gradient ol'a Fire:departlttcttt access road shall not eyceecl I? percent lin unpa�eel surfite4s Lind 15 percent ['61.11ai°rd surfaces. In area; ofthe FDA V:Ilerc,a I-:ire apparatus w- u.ald con€tee( to a Fire Ity.dr,ant or (Fire Department C'onttectiott. the 1rra�ilnum �-'radicnt Of'SLICII arca(s) shall not ew-er'd Iii perc:cnt. 18.2.3.4.6.2--"The a nl le of'approa,:h and departure for any means of lire department a,:cews 1,0AI shall not evicecd 1 11 drop in 0 ft (0.3 ill drop ill 6 111) or the LiCS '11 limitations oC the fire appaarattas of'the fire department. and shall be subject to apprm at by the At IJ. 18 2.3.4.6.3 Fire department access roads connecting to roa(k%aNs shall he providCd Nv ith Curb cuts cztcndin� at leas ? ft ii).hl m) beyond each eel<!c ot'the tiro lade. 18.2.3.4.7 Traffic Calming DeNices. 1 he (Ic;sigIl and LIe of'traflic calmin;;devices, shall be approved the AFLI. 18.2.3.5, 'Marling of laic:-e Apparatus Access Rod. Zendo Kern. Planning Director ( �, M�irc-Il 19, 202 Pa"e 5 ol'9 18.2.3.5.1 �t`here rcckuircd by the AM, approved signs or other approved notices slrall be, pro\ided and maintained to idcntily lire department ac:ccss roads or to prohibit the obstructiim thereofol'bc>th. 18.2.3.5.2 A marked fire apparatus access road shall also be known as it lire lane. 18.2.=4;, Obstruction and Control of Fire Department access Road. 18.2.4.1 General. 18.2.4.1.1 ']'lie required M(IIIr ol'a lire departurettt access road shall not he obstructed in Mry tWtn CFc irnwlud'll'tr bw. the: p'rrkinu ol'vollicic'_ 18.2.4.1,2 N-lininwIll rcduired widths raid clearances established under I x.2.3.4 shall be maintained at atl tire:;`. 18.2.4.1.3`, l-acilitics attd ,tructurc,, shall be maintained it) a manner that does not impair or impede ac.cessibiliiy for lire department operations_ r 18.2.4.11.4Cirttr�rncc�s ire lire dupartnreuts access roads that hrry c hccrt cictsCd with Mates and barriers in accmAince with 1;x.2.=4.2.1 ghat) not he obstructed by parked vehicle,. 18.2.4.2 C'losurr: of Acccssticays. 18.2.4.2.1 The Al U shall he authorised to retltrirc the intit,Ellation and mailacrnancc ol't,;rtcs or other approv ed barricade, across; roads. trails, or other access4t UNt's trot including' ptthlie sU-ucts.. or hi hwav'-, 18.2.4.2.2 \-\llere required, '�atcs and barricades shall he secured in an rtpproved rtartnrter. 18.2.4.2.3 Roads, 11dils, turd other access %%ares that ha+.c been closed and obstruetc(t in the manner prestiribcd h)� 19,2.4.2,1 shall not he trespassed 1.111011 or used unless authorized by the ou net and the AHJ. 18.2.4.2.4 Public ofticera actin~: �ti ithin their-seopc of dtrtN� shall be permitted to access restricted property ittcntilicd in 18,2.4.2.1. 18.2.4.2.5 hocks.. caws. doors, barricades. chains, enclosures, siuns, tao ,or ~eats that have been iustaltrd by the lire dcparttnwnt or by its order or under its control shall not be removed, unlocked. (test roved, tampered with. or otherwise vandalized in arty m.rrtner. ,t 4 Zendo Kern, Planning Director - March fel. 2011 Pa"e 6 (A,9 18.3 Water Supplies and Fii-e Hydrants its 18.3.1` A eater supply approved by the ec:ulnty. capable of sttpplyin" the rceluircd fire llo.m for lire protection shall he provided to all premises upotl tGhich facilities or buildin4.Is. or portiotls thercof, are hereafter constructed, Cir moved into of within tilt county. Nky}IGtl any" 1)ortioll Cif the facility or huildini-I is ill excess of 150 €tct (45 720 mill) Irom a cater supply on it fire apparatus access road, as nlcatstircd by an approved route arcrttnd the exterior of the facility or bUildill",011- site lire hydrants and mains capable of SupplYith1 the required fire: flow shall be provided when required by the A11.1. For otl-site fire hydrant recltlirenients ,cc section 18,3.3. EXCEPTIONS: I. 11 lien flactlitles or huildims. or portuiil; Ihereof: are ixompletely protcctccl kith W1 a11111roVed autotllatiC fire sprinkler system the provision; of eetion [R.J.I mai he modified by the Al IJ. ?. AVllzn Water supply rcgtliremc:nts cannot be installed duc to topoturaplly or(%tiler conditions, the AYIJ nlay reduirc additional fire protection as specilied in section 18.3 as amended in the code. %-Vhen there are not more than two dwellings, or two private garage. carports, sheaf, ail([ at1ricultural. C)ccupancics, tilt rec}uirCIllent5 ofsectiotl 18.1.1 Ilin he modiIlCd by N l 18.3.2- Where no adceluatc or reliable water distribution system exists, approved reservoirs, pressure tank. clef ated tanks, fire cicpartmenl tanker shuttles. or Cather approved systcros capable of providing the required tire Ilok shalt bc.permitted. 18.3.3--'; The location. number and type oI'firs=hydrants connected to a t�atcr Supply catpatble Of dCliVerin1 the required fire HiM shall be prov idcd oil a fire apparatus atccess road on clic site of* the prc_nli-;cy or berth, in accordance with the appropriate county water rectuirenlcnts. 18.3.4 l=ire !Hydrants and conticctious to other approVcd Vater sulnlnlic; shall be acce sibl;: to the: lire clepartnicnt 18.3.5 Priv ate Water supply sy steins shall he tested and maintained in wcordancc \%-]ill V`IT.A 25 OF county I-CCILirenlcnts ats determined I)v the AI LI. 18.3.6 Where required by the A1I.1. fire hydrants suhjcct to vehicular dailla(le shall he protected utiless located k\itliitl a public ri-lit of way. 18.3.7 `File Al 1.1 shall be notified Crally fire hydrallt is placed out of servitie or rEetutnlcel to Service. C.whets of private property required to have: hydrants shall maintain hydraw records of approv al. testing. and maintenance. in accordance with the respcctic c county t4 ater requircmcnts. I'`ccords shall be made available for review by the. At,-I.1 upon request. i Zendo Kern, Planning, Director March 19, -1021 Ilge 7 org C— 18.3.8 Ni 'lini1111.1111 k1 atcr supply Ar b0dings that do not Ineet the MilliII11.1111 C'01-111tb watcr BUildin"S Lill to 2000 Square f*CCt, Shall ho%C a Inini1IL1111 WA00 gMkms of water WHO Rm- F A H 0 0 n Buikhngs 2001- 3000 square thet, shall have a mKiinum v r 6,f W) gat lons of-%v atcr available tor FiNfighting. Bui Id ongs. 31.1t)1- 0000 SLlUal-C feet, shall hav c a n-.i nimurn or 12 AKK) gallk", or"ater mume Ar FAVigh0g. l3nikhms. areatcr than 6000 square Wo, shall meet the minimum Couniv water and fire flow requirernerw, MUltillIC StOr)-' 11W11411, OW SqUarC ti!Ct 11%� the 11110111"It OfStOrieS when determining the 111init1h](11 \\,11C1' SUI)Jlly Ciminwivit! huiklings requiring a minimum lief~ now of2mopm per the i)c1manient or water StZind,'ARIS Sh-Al (I(Atbie file minimum water-supply rcscrved [or fir ' i , Vf1g,111 rig. I�irc D�:partntcnt C-'r,nncctii�ns {FDC') fie ultel-tlati�c: �tatcr supplieti shall c��luply ,with 18.5.E (1)- m or As cy, NOTE: In that waWr catchment systems are Iming, used as a mcans (if water Supply for BreUghting, such systems shall mect the following, requirements: U In dust a single water mni; is used lbr both doinesde and Wghting, x�ater, the \,�atcr Wr (16111C5tiC LISV Shall 1101 be Callable or being drawn t'rom the tater rescr�ed For 1-ii-cli liting. 2) \x1ininitim pipe diameter sizes Torn the water sqTly to the Fh-c Department Annectioa (Fl)C.') shall be as Mows: a) 4- (fir('900 PVC, pipe: h) 4- Ar 1.406 PE p4w. C) 3'" fordlictile Iron, (1) 3' 1*01-Z-;akani/ed Steel. 3) Ile tire Department C(mriection lDCj shall: it) lie made ot*galvanizcd steel-. h) lmve a growd Ave w6h ?-1 ? inch, National Standard Thread male fitting, and Cal), he Kawd he 8 Q and 16 R Awn dw Fire department access. The location shall be approved by the AHJ; t' 7endt) Kern. Plantung Director Nlareh It), 2021 d) raw be 1 vuwd legis than 24 hici , and m, higher than 36 inches from finish grade. as mca,cu-ed from the center ol'the 1�DC orifice. C) be 1.eeurC and eaptthlC ot'u ithstanding drafting operations. higinecred stamped plan; 111a) he i-etllItl'ed, I) not be located snore than 150 feet orthe nwst moble part, lett not less than 0 feet, of'the structurc being protected: also cotnpl�v with section 13.L3 and 18.2.3.4.6.1 ol'this cocle, 4) ('o111111erCial buildings requiring a fire now ol'2i?typIn shall be provided with a second INC. l�.ach FDC shall he independcnt oreacfl otlwv {Guth each IDC heing c;almhle to Ch"ing 5t)Ugpt11 by enghicered design standluds. The ,wcond FDC shall be located in till area ap)wi ved h, the At Ll with the idea ofnluftiple 1-be rapplIMLOcondtictiny tlrath&V orenuums at once. In mind. 5) hlspe-c don and maintenance shall he in accordance to MITA 25. 0) The ot.N ner or lessee or the proper{} shall he responsible for inaintaiiiiIIU the nater lel,el. �- L1LIIihtV, and appurtenances of the sysLenl. EXCEPTIONS TO SECTION I8.3,8: 1) .Oiculunal huiltling's. storage sheds. and shade houses with no ccnllhuStihle Or CLIL6p111ent stot'aTe. 2) Buildings less than, 800 square lect in i/C 111,'It meets the nlinitnum Fire Departnlcut Access [toad reyuirernutits. 3) Or tole and tum lAunin, dwellings. ag'riculi.ural buildiit..s, storage shad:. anti detached Fara ,cs 800 to 2000 stluare feet in sire, and meets the tuirihnum Ike I)eparununt Metes, Road retluirentent;, the distance to the Fire Depart uss Connection May be iHC1-Czasetl to HAW lirc:t. -1) For one and mo hili ly du elfin, s, a�,riculi11nd huildAgw mid sunage sheds greater Man 2000vcluare 1ect, but less than 3W)O square t�ct and meets the Inininiuun Ike Department cccss Road rCtll1iren1CntS, this, dktance to the Fire.Department Connection inay he In.`masut to 5()C) tet. 1 Z..endo Kern, Planning Director � N-farch 19. 2021 Page 9 ot9 �) 1'or bUI[d iMUI.S Wi1,11 MI i1111VOVid AltttniatIc spri ilk(crsystcni. the niinl(IIIItI2 ItiltC`,I' All ply rciluirVd he 1110CINIC(I. II'theru are any c)ucstions rcoardin- tllese reduirulncnts, p1case Contact :.X4Sistant Fire Chict'hall Smith at (808) 932-2907. ROBLAT R. K. PLRREIRA lctinUIrc Au'A DAVID Y,IGE EtZABETH A.CHAR.KD. STATE OF HAWAII DEPARTMENT OF HEALTH j BOX '6 11E:tN+10RANI_)US1 t)All;- :NI,ril 0, -,0- 1JI-01tlintir t.lirectclr. t'01LIM) of Hawaii FR0NJ: Fr c t lontla F kinct Envir011111en1al IIC; dttl Prclturl ni Chief St C'hlinge of'Zone Application (Rf?Z 'l-O(0245) t\pphcant: John A. W41�I'ner allcl Charlene Y. Iboshi - I eque,tr Single -Family Residential (RS-10) 111 Gcneraf C'c}I11r►tercial (('G-7.5) TIMK: ?-)-024:[)» WC t'eCi�ITlCiletltI t11ieww alt {)f QAC S1,111CIllrct CO111nIe111, inn OLIt' ww'eh�;iIC: Any commenk spcciricaily applk:ahlc to this prlaject ShOLIld he �Idhered (u. The ,atnc "Chsite a11-0 fCiklres Ia Healthy Community Design Sinan Growth Checklist (Checkhst) created h}- Milt Environment lit orkigg C!Kgl!h tIiE CI) of(he I Iamtaii State L)cpartnicnt ol`Health. The BEWG WCt1111n1endS tIlLIt ,(lite alld COLIIAti, planning aepart111cntw, deNdopel-s. planner,, engineers and other Interestcci-PLU-tieS ltpllly' the healthy hUilt enCironment principles U1 Ow Ctte4kh,t whenever the). plan or reYIebw" new development., or redew-eloPment,, Ilrtljcrt,. We Ukl) .1,k kOU to share this li,t wvittl others tt1 iticrease con1111unitv llww"arelless oil health) COMITUTlit)+ &siDII ( alit ing Dept. Exhibit I - Law Offices Of Yell & hail -O� KIlait a ;1.ttltt', Suitt: 13. }IiItt. ti aii ttft 7't)-,(tit) fill t> h.1r'1 ',=G It141olltuic: (8080)61-OW;s i,;oc rdc KVith K1 Ukanuttci. Manauer 0lie l'IItI, it We I, I)CIlartillent ot`\Vatet' Su11111\ ( trout% of l la\wali 345 KALIantttl'a Street. SLlitC _'t) Ilift), Ilimaii 96720-422 CtEttatt;r;s: of f on� : pplicatilm (RFS J. 21-3680245) l~;cguc,t; i{`i-Iiitttttr-r..� 1 iVIH' .Loi. 4.02_'. Waiakc,a, I)istrict ol'South Mil(), ilimaii Ibis i, In rehlr to the' Ahrit I_'. 021 letter li'urti they I)CI)J Illeut t>i 'tt�ater `LIJ)pIi I I M S} ct�snulcntills tin [tic .�uhjccl pplic:Itfoll tiff. ( 'llait�-le 01 /0110 t"t't)/. ApIlliCalioll"') reytt(l-infU CVI'I�tin c:ttuclititt(ls. A\ ICI' ,peaking iiitIi Ah•, QiJtorlati l of IM S it(l ,-�pril 10, 2021_ wie unt.Icr,t,utel that Certain cfl'I)AVS'S rc'clttt:stc'cl COIlditiull, are haSCd tilt all aHsun1111lon tial <11)t)roo,al o.tttlic t't?7, Application hill lc,lcl It) ai expcctcel Iucvca,e ill t\atc'r demand hascd un all 111CIcasc iti tllt• nuniher 01 0HICe--;, rIII )I Qe,. tr_IIalII, tn' clieillcic ttsin R tar OCC t111t�ill�-' the 1l1'4il)CI-ty. I Itis. 11"I' ilptitln, Cl'. i, not horn tatt( hi the re�llre:: cllt,uitins matte in thL C'Or`. �\pp1icaliuil. l*httrcfi,re. Applicant I-c'y Ct1u11} re-eluc,ts Ihat 1)\\ S rcctttl�ticler sucll ctiriclitutrIS. spCc'ilicalk. ilio C'tV ;1pplie'llitiil seeks liirtn.11i/,._(titut ol'111 C\i'tIIl'p +mIlirtcrcial u,c (it' [tic lirnl,ceti b� tht:' JLteliclt(rw OI'S 1;' ttl i LMaii sti tIs tt3 •t_tltttntic' slit'!"1 tt,C t(niI }1ttw; 1h11. ltcitticI the C:LIn:'iu�lcat "c ntit he CofIII nuearl, ill km herr olltcr colutIICI-Cial uscr:" (tt'thc pmllcrtf , ti't's.° C't t/, 1nflira61111, P. 1. ticc. .�S( 1 ). Such W;+ hi t.itllt r ctilutltt rziat tt crw. htMcV er. iw(lukI nt,t itatel-Ill lw 1r1Cre'ase the e'tirrt:I11 Lt alt t' ttti;i�t�. Ji' NtalCd ill the 01f AppliCati011. NCC 141, 11.I{J, SC. \16) [":1ltlllicanis' €'€:)f. tcett(cSt, 1.0 60111ILth/c and cunit.irm tit+: existilta ol'l1cc usc. iti nw Cypectc'el to iiitilcriitll" inct-Va"c Ills ntttnhcr ot*cnlllloNce, and c llclltcl;: 11rCSVIlt tit 1114 l'rclpert� oft) a dailw" iicc»li" ur Ifit fritlit hn,is—): see tilm, 11.I I, Sec.. Al I t"Ntt tacttlitictli:r1 usttk'C Or inereri,ecl ti.sa'c i, �ntt��ht tir reticluifCd ktith tltis t'{)r! (e,ttle,t."): ' hilt it k tt-LIC that the eyktint't kWJllIl'—' Co Ulcl lICCOIIIIIt(ttlule tip it) till-cc i111]Ce5 trial!_ Mle't'S a—, It currentlidcc0?11t11tAttt1es (MIN title' IarI. C (ttliCe ,piwc litr the ht..-liciari (JAL. 1)• 4. ticc: V t ).t_ Ihis� doV,, nut CcIttatc Lt, nH)rC LHOS. htit filet ti thtlrl'ent Cctnti"tlratioll ter tit 01 tlIV S1XICC. Al)tlllCa(its hake lio plari5 al this tulle 1U Iurtlicl, dey6t1, thea ltrtiltert� kith z(ticlitittn'.11 iIll pro veflicllt,Or a sUbdiw isioll thereof. I tit►::, b"Iscd oil the above tinct Appficants` t_)f. ApplicatRm. we titrreb", respectfult\ reque t that L NVS amend or rrrtllwwe the Cotlowing cetnclitions requested in its April 12. 20211 Cerl:t�t Planning Deng. Exhibit I® 141373 1.a11 01`ticcs of`r'eh & Kim K idi K. M: ninth 1)citartiticnt of Watcr Sttppl . ('011 )11 ; PHI '1. 202 1 (?ii�te 1 I a 'il tt1'(`ondition Munher 1. Mich states: "I he: 1)hharttticnt rcgl.lcst-; that the applicant tililWI cAnWed nuil11t1um dad) "awr unige calculations. prepared ht a hroleti',ional engineer Wt s,! iit the `"tate on 11f11 wan Ar reviex% and appro%al. 1 lit' wter LIMI LC eitleLdatitriis shOtild inCILiclr the stated peak 1W in gallons her minute it ii'11}. and the total e�titnated iMAillltiln daily 1vatct` unge in galhnis per dy. WILiditttiF irrilati011 ttse. ( '110ti receipt o1'the 11,Itcr usiisc calrtlladons ahcnv. the Departmeril 1kill drake a determine fort as tai the ltllter commitment dt.`ws4 amount and the prelatl g laeildies Cliargea 11llicll is suL ject to ehtln;!c, to he pail Based on the %naer demand i aMUlatiOns. the 1)cliartnicnt 11i11 determine the appropriate wr%ico huciAl inhi moor die reyiiircd "1'liw c1i,1'tit�� ,erl it°e 1�itcrdll t.�;i'I ttltitl i.t he Tilt �Isi�a lt`,"YM and '1 1 portion of t'ollditiou Dumper 2. which swtes: "11'a larger or additional meter is i•clluired. :a IxwkIhn% 1mv%o 1ic7n asscmbIN Hill al-40 he rcyLiirVd icer that nietel-... I'hank ,on 16r OUr tillic and ronsidenition of this retlLiest. Plea,e do not hesitate to Ctii11act tip; should 1 I,ILI i'1'tlltlrt an) ilddi€iotial in1U nKition or ish 10 di`CLlss tins matter Ill 1'ther. �- 11th Me hear I'l-oltl %On MIAMI. Vc 1 dull yours. c f .111.1. I�) .fi( 1.nelttsurc., PC: .14t1ill A, tl agnel. and Charlene Y' lboshi Zeno, Ftcrtl, I)irector, Planning I)ehtirtment RWagner1boshiMZ.t1c.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 ai Chapter 25 Section 25-2-71(a).Zoning Code requirements for Plan 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 [ehange in tenaney for-the existing e use-,] 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 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 [change in ten:: for-the e-xisting office-use-ef] 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[&] consisting of a"fall 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. O. An initial extension of time for the performance of conditions within the ordinance (except.for Condition [K]J)may be granted by the Planning Director upon the following circumstances: I 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 21-County Sewers, the timing requirement for connection to the county sewer(Condition [K]j) is not eligible for an administrative time extension. LUN-v Offices of Yu h& Kim Tt'�.q-ibcjnc: (80061-W-35 D RA"INFAV 11Wr �Cllmmdlk'ffll rara -W-q K-I-0 Uri, 1 Zendc-, Kerri,PjanimMig i)i.ri_cto4, IF, '71E com rity, of HaWa.-T] Plannhi�g Department 10; awl , Sirm". Sme, lfifo. Haw i1 %7720 RcC hiap9c Of Z01le APP'Jeation(REZ 21-000245) Reque5.i-1 S i rigic Family Rcst elenfial- 10.000 53*quara ret-1 ,PIS-1 ) Getierat. C u I t I I U I..i L, 'auare Veel, cc i i'AlU S Appflcant,, 10111) WRA151iter'..).11id Subjcc,V Xcquested Changes to cond-Mons "G",.and"Oil of the Draft- 0011dstions of Appro-val AflK_tom, Q1Lz!2.02A. 022 Dew Director Kem: On bncha If P-Lif jolfin Wagner and :C hawlene, 1 bo,_;hj Nryplicanus bereby s"pectfully reqr4e,I C[110119cs W CoundiUmis -G" and "Wof i1tv draft ConcIfflonsil-Ar AppisavalL the. List I jjcatag€ 1-or :which j;Irv, cxp]ii il ricM he I ow, Attaq 11,ed herealare the d ra-11 condflictfrs tbr Ap. roval with Applitants, rcquesteo ichang 5 WOMKI tc%l is strichen and in brackets, added text iiundiefllned). Wifli j-q!pard io,Conditjjj.5-,[I" aroo "Li zis Car as the trig 'ng 111echanism fbr both the co rid I tlotns rof plan apprewal a M sial wall: iint)rbv Anlent�, Appfieln jk.ka Ftjc g_Ifin—va D erring to a':chatrg jr,teij_,jRCtY fieOfll lh-C cxiitilng, office tisel" tv. sari,6.kerL. This irevikt)rl Wit! )Pima It"im-thc s"u-sifion where the tenancy eijtjtd.change Wi.411011t any corresponding change or exparislon Of the e-Urrellt Uge, Thu,the trig th 'w condF ms vwwh, rem;.a ini el thier z1ic cstAtll i9shalt nt of•a new Mad use i r,tFe C(,j z Li�ir err rty pddition to an, district cxistlng sarm WN Or devt1opment,aind as for plan approval (under C-7,andision"W"i consistent the 7oning req Ui.n."me at's under Co-on ty Ccs [e, 2 5,2,7 1 With regard vaCondititnt,`0Y',as fat ws, the sfideryvark intpnover nen-1 rewudrernient ito a full 10-foot width, where the exiEsting,1mvenient, inciuding.the graassy area, rneasu_me,less thim ten M R - PC --- curb ed --,Applic -Et(9.95 feOl Per 01"W) f rom the prew nt pro rty I ine,to�*1je-c* -ie; Z i dri; -'r, - ge � mnt5 reqtwst tti add fl, 11 to,imt�] civl� [tie 164-twalks to the f"61.1 I 0-,rooi widtN '-'ar ivi wiije its th.o. pr Prioart y fine anddtWaY 0ave- righ or VA P 1 altowt% -111isthanqe will account fi-tr the existing width atid avoid an ter .4t t 'm - -b -�r y req aitem it th . wOkild re 11 t in ar,enc roac.jw--nt imot . ck., . i Ae rm. wFall C Ala lira t' propenty or onto the ti,"Wway.. [ii addition., Applicants request that t1je pfuraj 1:1fYw-hv,q45he thaMAR i - _,M[0- 51AA,Ular'tfirtirlf ptl tM V) ft§ relit t6ftfullan Ngaraing the sidewalk area required to be, huproved, Wii*b rcgard toCon,ditiort R appm r5 tbat the cx2ception '10 the n alk-mance Ribir ai1mitial, ex temm"an of firne for forma.ace of eoWifitorz:5 Afi IN,n the -,rd-narme -,A Mni.1 -,ateda-Ns.Condition i. Planning Depto tq!m5l Exhibit IQ Law Offices of Yeh& Kim June 1, 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 "Y'(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 t -- ---- -- '—­ — ' "" JI L ZN Encls. ec: John Wagner and Charlene lboshi JOHN A WAGNER AND CHARLENE Y IBOSHI CHANGE OF ZONE APPLICATION (REZ 21-000245) CONUMUNS OJE AI!I!H!UVAT, 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 [ehange in te offiee-u6e—,] 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 Hawai'i 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 Hawai'i 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 Hawai'i 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 10-foot width or as wide as the present property line and paved right of wU will allow,and meeting with the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. H. Construction within the County right-of-way shall comply with Hawaii CountyCode, Chapter 22,County Streets. I. Should the applicants, successors, or assigns develop a land use which th-e 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 1-5 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 -2- 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. L. 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 due 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 year's after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). 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- 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 singlefamily 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 [-K]I) 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 -4- r ` ° 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 Hawaii County Code Chapter 21-County Sewers, thetiming requirement for connection to the county sewer(Condition [K]j) is not eligible for an administrative time extension. P. Should any of the conditions not be met or substantially complied with in a timelyfashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. r5- RWagnerlboshiREZAIc.5.6.21 COUNTY OF IIIAWAPI PLANNING DEPARTMENT RECOMMENDATION JOHN A WAGNER AND CHARLENE Y IBOSHI CHANGE OF ZONE APPLICATION (REZ 21-000245) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony,the Planning Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a Change of Zone from a Single-Family Residential 10,000 square feet(RS-10) to General Commercial—7,500 square feet(CG-7.5)zoning district for 19,295 square feet of land. The existing dwelling that is located on the subject property is currently being leased to the State of Hawaii Judiciary Branch for general office use, which includes the Child Advocacy Program and its related activities. The State of Hawaii has been'leasing the subject property for its Child Advocacy Program general office uses and related activities since June 14, 1990. The applicant's recent rental agreement with the State of Hawaii is set to expire either on March 31, 2024 or within 120 days by written notice by either the tenant or landlord. The applicants are requesting to change the zoning to CG-7.5 in order to formalize the existing commercial use of the property as general office space for the landowner's lessee, the State of Hawaii and to allow for additional future land uses that are permitted in the CG District. Such change of zone will allow the landowners to continue the commercial use by future lessees and users as well as expand the pool of such users, should the current lease terminate thus providing greater commercial options to the surrounding community including the continued uses as general office space, as well as for potential use as a medical clinic. 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 also be considered as they may have an impact on similar areas in the County. The change of zone request from an RS-10 to a CG-7.5 zoning district conforms to applicable goals,policies and standards of the General Plan and the Hilo Community Development Plan (CDP). 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 LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed CG-7.5 zoning conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the subject property as High Density Urban (HDU). Such designation allows general commercial,multiple family residential and related services (multiple family residential-up to 87 units per acre). In addition, the proposed CG-7.5 zoning is consistent with the following Land Use goals,policies, and standards of the General Plan: ■ Provide for commercial developments that maximize convenience to its users. ■ Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. ■ Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. ■ Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. -2- / ■ Preference shall be given to commercial lands with a reasonably level topography. The subject property is located at the southwest comer of the Kino'ole Street and Lono Street intersection. The property is rectangular in shape with about 228 feet of frontage along Lono Street and 82 feet of frontage along Kino'ole Street. The topography is fairly level. According to tax records there is an existing single family dwelling and detached garage on the site that was constructed in 1925. Since 1990 the subject property has been used as office space for the site of the State of Hawaii Judiciary Branch's Children Advocacy Program and the Planning Department issued a zoning determination letter with conditions on May 10, 1990 to allow for the office use within the single family dwelling with conditions. The property is surrounded by a mix of commercial and residential uses. To the west, across Lono Street, there is a medical office that is zoned Neighborhood Commercial(CN-10). To the north, across the Lono Street and Kino'ole Street intersection is a Credit Union on land zoned CG-20. Directly east, on land zoned CG-10 is a vacant lot. There are also some scattered single-family residences along Kino'ole Street. Located mauka from the subject property and directly behind is land zoned kS-10 and is used by the State of Hawaii for housing. The applicant will provide basic infrastructure needed to support commercial uses such as County potable water, connection to the County sewer system, sidewalk improvements along Kino'ole Street, and electrical service. Thus, the applicant's request is consistent with surrounding land uses and zoning and the goals,policies and standards of the General Plan. All essential utilities and services are available to the site.According to the Department of Water Supply(DWS), the subject property is serviced by an existing 5/8- inch meter,which is limited to an average daily usage of 400 gallons. The current meter is sufficient for the existing office use. County water is provided from an existing 8-inch waterline within Kino'ole Street which fronts the subject parcel. The 8-inch waterline is capable of providing the required pressure of 2,000 gallons per minute of water flow for fire protection for commercial zoning. The Department of Water Supply(DWS) -3- requested that the applicants provide estimated maximum daily water usage calculations / for the proposed commercial land use. Once the calculations are submitted, DWS will l determine the appropriate water commitment deposit, prevailing facilities charge, and appropriate service lateral meter size required. Lastly, DWS will require the installation of a reduced pressure type backflow prevention assembly within five(5) feet of the meter .on the subject property. As there is an existing office use permitted by a 1990 Planning Department Zoning determination(State of Hawaii Child's Advocacy Program)that remains in effect as long as the Child's Advocacy Program remains the tenant, the Planning Director is recommending that the existing office use permitted under this determination be allowed to continue without the applicant being required to provide updated water calculations and any associated water system improvements as may be required by the DWS. Instead, the Planning Director is recommending that the water calculations and any associated water system improvements be triggered by a change in tenancy for future office uses or in the event that a different land use permitted in the CG zoning is established on the subject property. Based on the proposed commercial zoning, the Department of Public Works (DPW)recommends that the applicant provide improvements to the subject property's entire Kino`ole Streets frontage consisting of a"full width" concrete sidewalk of ten(10) foot width meeting the requirement of the Americans with Disabilities Act and the approval of DPW. Similar to the water calculation determination above, the Planning Director is recommending a condition requiring the requested sidewalk improvements upon a change in tenancy for future office uses or in the event that a different land use permitted in the CG zoning is established on the subject property. The proposed change of zone is not anticipated to generate over fifty trips. The anticipated number of future traffic to the property would not vary from the current use which has five (5) employees who work at the subject property daily with approximately four to six(4-6) clients at one time who visit the subject property five to six(5-6) times per month. Based on the preceding there are no traffic recommendations being made at this time. However, the Director is recommending adding a condition to require a Traffic -4- i Impact Analysis Report(TIAR) should the applicants or their successors develop a use that would exceed 50 peak hour trips in the future. The project site has no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. The property is located in flood zone"X"which is an area determined by FEMA to be outside the 500-year flood plain. DPW requires that all development generated runoff be disposed of on-site and not be directed toward any adjacent properties. All earthwork activity, including grading and grubbing,will need to conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. The preceding will be added as condtions of approval. According to the applicant,the subject property is currently connected to a cesspool. The subject property is accessible to the County sewer. The Department of Environmental Management(DEM)has indicated that any existing or new structure is required to connect to the public sewer within 180 days in accordance with Section 21-5 (Sewers) of the County Code. In addition, the Director of DEM may require the applicant to conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Finally,the applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. The preceding will be added as conditions of approval. There Are no municipal waste collection services in the County. According to the application, solid waste will be disposed of the refuse at the county landfill in Hilo and eventually to the West Hawaii Sanitary Landfill. Electrical and telephone services are available to the property. Police and fire services and medical services are available nearby in Hilo. The request is not contrary to Chapter 205A,Hawaii Revised Statutes, relating to,Coastal Zone Management Area.The subject property is located over one and a half(1.5)miles from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain -5- areas, scenic and open space preserves, coastal ecosystems,marine resources, or other natural and environmental resources in the area. Thus, theproposed request and use of the property will not adversely impact those resources. As the subject property was previous cleared, and given the suburban, developed nature of the surrounding area, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "DASH" and"Ka Paakai 0 KaAina"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 dwelling since its construction in 1925. The valued cultural, historical, and natural resources found in the rezoning area: According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. Possible adverse effect or impairment of valued resources: The subject property has been covered by development(single-family dwelling and related improvements) since 1925 and includes a large grassy lawn and landscaping and thus it is highly unlikely that the parcel contains threatened or endangered valued resources. Feasible actions to protect native Hawaiian rights: A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces,platforms,marine shell concentrations or human burials be encountered. -6- Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use,prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the request to rezone the property from a Single-Family Residential-10,000 square feet (RS-10) to a General Commercial-7,500 square feet(CG-7.5) zoning district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -7- i J�►.tiv OF k1 COUNTY OF HAWAII -_ STATE OF HAWAII ► FTM, ATF OP•H►.l BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAPS ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL-10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL -7,500 SQUARE FEET (CG-7.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-024:022. 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 Waiakea, South Hilo, Hawaii, shall be General Commercial—7,500 square feet(CG-7.5): Beginning at a railroad spike found at the north corner of this parcel of land,being a point on the southeast line of Lono Street, the coordinates of said Point of Beginning referred to Government Survey Triangulation Station, "HALAI"being 3,241.46 feet south and 6,393.73 feet east and running by azimuths measured clockwise from True South: 1. Along Lot 8-A as shown on the public works subdivision approved Oct. 5, 1971 by HCPD as SUB #3038h, on a curve to the right having a radius of 20 ft., the direct chord azimuth and distance being: 283° 10' 00" 28.28 ft. to a spike found, thence: 2. 328' 10' 00" 62.70 ft. along Kino'ole Street, 60 ft. wide, to a nail found at the north comer of Lot 7,thence; 3. 58' 10' 00" 237.00 ft. along Lot 7, Grant 9278 to Mrs. Eugina I. Lau to a 1/2"pipe found at the east side of abandoned railroad right-of-way, thence; 4. 148' 10' 00" 2.42 ft. along abandoned railroad right-of- way to a 1/2"pipe found, thence; 5. along same on a curve to the right having a radius of 395.28 ft.,the direct chord azimuth and distance being; 154* 01' 30" 80.70 ft. to a 1/2"pipe found, thence; 6. 238° 10' 00" 208.76 ft. along Lana Street to the Point of Beginning and enclosing an area of 19.295 sq. ft.,more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii 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. -2- SEE ATTACHED CONDITIONS j SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1stReading: �_- Date of 2nd Reading: Effective Date: -3- MagnerlboshiREZ.fle.5.5.21 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 change in tenancy for the existing office use, 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 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. 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 and Regulations. 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 change in tenancy for the existing office use or establishment of a new land use permitted in the CG zoning district, the applicants, successors, or assigns shall provide improvements to the subject property's entire Kino'ole Street frontages consisting of a"full width" concrete sidewalk of 10-foot width meeting with the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. H. Construction within the County right-of-way shall comply with Hawaii County Code, Chapter 22, County Streets. I. Should the applicants, successors, or assigns develop a land use which the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report(TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicants shall implement,when 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 of the Hawaii County Code within 180 days of the effective date of this ordinance. If required by the Director of the Department of Environmental Management, the applicants 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 additional disturbance and contact the State Historic Preservation Division at(808) 933- -2- 765 1. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. L. 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 due 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(HCPI). 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 single family 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 single family 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 -3- C 5. $4,475.63 per multiple family residential unit or lot($6,451.55 per single family 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 Planning Director,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 included herein 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 the proposed 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 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- 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 Hawai'i County Code Chapter 21-County Sewers, the timing requirement for connection to the county sewer(Condition K) 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. -5- a t T CG-24 CG-20 R5-10 -14 5-10 RD-3. CG- . R5-10 -10 -10 RD- 75 RD-3.75 R5-10 R5-1 c� CG-20 �p CG-7.5 RS-10 CG 20 Vp R5-10 D-3.75 RS-1 CG- CN-10 3,241.45'S SINGLE FAMILY RESIDENTIAL-10,000 SQUARE FEET(RS-10)TO 'HALAI"'NAL " GENERAL COMMERCIAL-7,500 SQUARE FEET(CG-7.5) CG-10 5-10 19,295 SQUARE FEET CG-20 R 0 RS-10 -10 RS-10 CG-20 �2 R5- 0 RS-10 R5-10 O0 CG-20 P RS- 0 G R5-10 RM-4 �� <� 2 RS-10 Si -10 RS-10 CN-20 RS-10 -1 Feet 0 300 600 900 1,200 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL- 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL- 7,500 SQUARE FEET (CG-7.5) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: TMx:�s>z-z-o24:ozz COUNTY OF HAWAI , PLANNING DEPARTMENT DATE:April 4,2021 EXHIBIT "A" VVagnerilboshi Mam 1421 " i fir- Jf: Opp, _a 3 • C, > LO rD 3 rD : � \ \\ \ . \ \ CLC.0 :D ID ID M c 3 Ul 0 0 G) 0 0 D CD I CD W 0 (D ',,J-7 775 -0 Ln orcl W Mo CD c -0 m 0 CU rD -7 (D N CD 0 rD –h 0 CDrD (D C LI D (D r+ (D CL r+ (D CD rD 0 ul IL 1 (—DOq -I (D LA t-+ CD I Ln 0 rD l< -n %ft r+ 77= Ln rt (D F) m r+ ` -h r+ ^, . 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