HomeMy WebLinkAboutCOM 0104.000 2006-2008 M~v,or
Harry Kim ~;c~ ~ % Dixie Kaetsu
Ma r ~ Managing Director
Ya
Barbara Kossow
• h'g, Ni.'M~ Depury Mnnaging Director
County of Hawaii
25 Aupuni Street, Room 21S Hilo, Hawaii 96720-0252 (808) 961A211 Fax (808) 9616553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 3295226 Fax (808) 326-5663
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January 11, 2007
~
Honorable Pete Hoffmann, Chairman _ _
and Members of the County Council
County of Hawaii
333 Kilauea Avenue
Hilo, HI 96720
Dear Chairman Hoffinann and Members:
Change of Zone Application (REZ 06-000053)
Applicant: Clark Realty Corporation
Request: ML-20 to MCX-20
Tax Man Key: 2-2-35:47
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letter and enclosures
regarding the above-referenced request.
Sincerely,
(~-~~~~M/Ot
Harry Kim
L /Mayor
0' Enclosures
cc: Planning Department
30
Comm. No.
Ref. To:
Ref. Date,,jAN 22 2flD7
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County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 Fax (808) 961-8742
January 11, 2007
Pete Hoffinann, Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Avenue, 2"d Floor
Hilo, HI 96720
Dear Chairman Hoffinann and Council Members:
Change of Zone Application (REZ 06-000053)
Applicant: Clark Realty Corporation
Request: ML-20 to MCX-20
Tax Map Key: 2-2-35:47
The Planning Commission, after a duly held public hearing on January 5, 2007, voted to
recommend for your approval the proposed legislative bill to change the district classification
from a Limited Industrial - 20,000 square feet (ML-20) to anIndustrial-Commercial Mixed -
20,000 square feet (MCX-20) district for approximately 21,050 squaze feet of land. The property
is located along the west side of Kanoelehua Avenue, approximately 95 feet north of the
Kanoelehua Avenue-Hualani Street intersection, Waiakea House Lots, First Series, Waiakea,
South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
Change of zone from ML-20 to MCX-20 to allow the construction of an
approximately 8,532-square foot two-story office building and related improvements.
The applicant proposes to relocate its main offices as the anchor tenant and lease or rent
portions to other commercial businesses such as banking institutions and insurance
companies. The site plan shows approximatelytwenty-nine parking stalls, including two
ADA accessible stalls, and landscaping.
Hawaii County is an Equal Opportunity Provider and Employer
Pete Hoffmann, Chairman
and Members of the County Council
Page 2
In order to consider an azea 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 ML-20 to MCX-20 will conform to the goals,
policies and standards of the General Plan Economic and Land Use Elements. The
General Plan is intended to be used as a policy guide for the coordinated growth and
development of all sectors of the County. It sets forth goals, policies, standards and
courses of action to accommodate growth without congestion, to designate and preserve
the lands needed for residential use, commercial and visitor services, industry, agriculture
and open space, and to coordinate these uses with the County's service and circulation
systems. The overall goals, policies and standards are set forth to physically plan the
lands in the County in the best interest of the island's residents. Land Use is one of the
principal focal points of public concern and policy. The Land Use Element provides the
primary basis for direct control and guidance of publicly and privately owned resources.
The request conforms to the goals, policies and standazds of the General Plan in
that the proposed development will be developed in an area adequately served by
necessary services such as water, utilities, sewers and transportation systems. The
proposed project also conforms to the Land Use -Industrial sub-element which states that
"Industrial development shall be located in azeas adequately served by transportation,
utilities and other amenities."
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 azeas within the County. The project azea is designated Industrial
on the LUPAG Map. This industrial designation includes uses such as manufacturing and
processing, wholesaling, lazge storage and transportation facilities and light industrial
uses. The MCX zoning would be consistent with the Industrial designation on the
LUPAG Map for this area of Hilo.
Pete Hoffinann, Chairman
and Members of the County Council
Page 3
The State Land Use designation for the subject property is Urban. The Hilo
Community Development Plan (CDP) adopted in 1975 suggests the retention of
residential uses in this area. However, this area is transitioning to commercial and light
industrial uses. The advantage of this area is its location in close proximity to water, air
transportation terminals, harbor facilities and the residential population of Hilo. The
proposed change of zone would complement the existing industrial and commercial land
uses that already exist in this area and will provide for an orderly development of the
area.
The property is a relatively level approximately 21,050-square foot vacant parcel.
There is a remnant concrete foundation and steps from an abandoned single-family
residential dwelling which was demolished. The remaining portion of the parcel consists
of overgrown weeds and shrubs. The land uses in the immediate azea aze a mix of
commercial and industrial uses. Hilo International Airport is zoned ML-20 and located
east of the property. Commercial and/or industrial uses nearby include wazehousing,
aviation related uses, and office buildings. Immediately adjacent properties are zoned
MCX-20 to the north, RS-10 to the west and RS-10 and ML-10 to the south. The
adjacent property to the north was zoned MCX-20 under Ordinance No. 03 84 effective
June 5, 2003.
All utilities and services are available to the site. Access to the project site is
proposed from Kanoelehua Avenue, a State highway with six lanes and a divided median.
Along this section of Kanoelehua Avenue, the right-of--way is 120 feet. There are curb,
gutter and sidewalk improvements along the property frontage. County water is available
to the site. The project will connect to the County sewer system. Solid waste will be
handled by commercial haulers. Electricity and telephone services are available to the
site.
The property has no severe geological or topographical problems which cannot be
rectified or which would render the land unusable. The project site is located within Zone
"X", area deterrnined to be outside the 500-year floodplain. Al] development generated
storm run-off shall be disposed of on-site and not allowed onto adjacent properties or
roadways.
Pete Hoffinann, Chairman
and Members of the County Council
Page 4
As the property has been improved, no professional archaeological survey was
conducted of the site. On January 3, 2006, the applicant requested a letter of "no effect"
from the State DLNR-HPD. According to the applicant, there are no lmown rare or
endangered plant or animal species on the site. No professional flora or fauna surveys
were conducted of the property. The applicant does not believe that raze or endangered
floral or faunal resources aze on the site. The property is located in an urban setting in
close proximity to the airport and aviation related uses and was previously cleazed and
used as a dwelling site.
The subject request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The property is not located in the Special
Management Area. The project site is located more than one mile from the shoreline and
will not be impacted by coastal hazazd and beach erosion. There is no record of a
designated public access to the shoreline or mountain azeas that traverses the property.
No valued cultural, historical or natural resources exist on the property and there is no
evidence of any traditional and customary Native Hawaiian rights being practiced on the
site. Thus, it is not anticipated that the proposed request will have any adverse impact on
cultural or historical resources in the area. Therefore, no action is necessary to protect
these rights.
Based on the above findings, approval of this change of zone request from
Limited Industrial -20,000 square feet (ML-20) to an Industrial-Commercial Mixed
20,000 squaze feet (MCX-20) zoned district would result in an appropriate land use
pattern that will further benefit the general public.
For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of
the County Zoning Code is transmitted.
Pete Hoffmann, Chairman
and Members of the County Council
Page 5
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
William Graham, Chairman
Planning Commission
Lclarkrealty02PC
Enclosures
cc: Mr. Putnam Clark
Steven S. C. Lim, Esq.
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources-HPD/Kona
DOT-Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counsel
BCIarkREZ.doo-12/12/06
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
CLARK REALTY CORPORATION
CHANGE OF ZONE APPLICATION IREZ 06-000053)
CLARK REALTY CORPORATION has submitted an application for a Change of
Zone from Limited Industrial - 20,000 squaze feet (ML-20) to the Industrial-Commercial Mixed
20,000 squaze feet (MCX-20) district for approximately 21,050 square feet of land. The property
is located along the west side of Kanoelehua Avenue approximately 95 feet north of the
Kanoelehua Avenue - Hualani Street intersection, Waiakea Houselots 1~ series, Waiakea, South
Hilo, Hawan, TMK: 2-2-35: 47.
PROPOSED ACTION
1. Request: Change of zone from ML-20 to MCX-20 to allow the construction of an
approximately 8,532-squaze foot two-story office building and related improvements. The
applicant proposes to relocate its main offices as the anchor tenant and lease or rent
portions to other commercial businesses such as banking institutions and insurance
companies. The site plan shows approximately twenty-nine pazking stalls, including two
ADA accessible stalls, and landscaping. (Exhibit 1-Change of Zone application)
2. Landowner: Clark Realty Corporation.
STATE AND COUNTY PLANS
3. State Land Use Designation: Urban.
4. General Plan LUPAG Map: Industrial.
5. County Zoning: ML-20. The property was originally zoned RS-10 but was granted a
change of zone from RS-10 to ML-20 (REZ No. 862 Gerald Kodama) under Ordinance
No. 97 93 effective July 3, 1997. (Exhibit 2 -Ordinance No. 97 93) The existing ML
zoning does not allow for office uses, and the requested MCX zoning would permit office-
type uses as proposed by the applicant.
6. Proposed MCX Zoning: The purpose of the MCX (industrial-commercial mixed use)
district is to allow mixing of some industrial uses with commercial uses. The intent of this
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ATTAQ-I: Cortm. 104
Bill 30
district is to provide for azeas of diversified businesses and employment opportunities by
permitting a broad range of uses, without exposing non-industrial uses to unsafe and
unhealthy environments. This district is intended to promote and maintain a viable mix of
light industrial and commercial uses.
• Height limit - 45 feet.
• Minimum yards -front yard 20 feet, side and reaz yards, none, except where the
adjoining building site is in a RS, RD, RM or RCX zoned district. Where the side
or reaz property line adjoins the side or rear yazd of a building site in a RS,1tD,
RM or RCX zoned district, side or rear yazd must conform to the side or rear yard
requirements for dwelling use of the adjoining district.
7. Hilo Community Development Plan: The Hilo Community Development Plan adopted
by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as RS-10.
8. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management area.
9. Special Management Area: The SMA is a part of the Coastal Zone Management
Program regulated by the County. The project site is located more than one mile from the
shoreline and is not in the SMA.
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
10. Subject Property: The property is a relatively level approximately 21,050-square foot
vacant parcel. There is a remnant concrete foundation and steps from an abandoned
single-family residence which was demolished. The remaining portion of the pazcel
consists of overgrown weeds and shrubs.
11. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of
commercial, industrial and some residential uses. Hilo International Airport is zoned ML-
20 and located east of the property. Commercial and/or industrial uses nearby include
warehousing, aviation related uses, and office buildings. Immediately adjacent properties
aze zoned MCX-20 to the north, RS-10 to the west and 1tS-10 and ML-10 to the south.
The adjacent property to the north was zoned MCX-20 under Ordinance No. 03 84
effective June 5, 2003.
-2-
12. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD).
The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava
bedrock.
13. Land Study Bureau's Productivity Rating: Unclassifled.
14. Noise Impacts: Existing ambient noise includes airport/aviationuse, traffic, wind and
foliage. Short-term noise impacts associated with the project will be temporary with
compliance to all applicable State rules governing construction noise abatement.
15. Air Quality: The proposed project should not directly impact av quality in the azea.
Fugitive dust during construction can be mitigated by compliance with the Department of
Health's regulations. The only impact to air quality would be associated with vehiculaz
traffic to and from the site.
16. FIRM: Zone "X", an azea outside of the 500-yeaz flood plain.
17. Coastal Hazards: The property is not an oceanfront parcel, and will not affect, or be
affected by shoreline processes.
18. Recreational Resources: The proposed development will not reduce the size of the
coastline or other areas used for public recreational uses.
19. Visual Resources: The proposed project will not affect the line-of--sight towazd the
ocean.
20. Flora/Fauaa: As the project site was previously improved with a dwelling, no
professional surveys were conducted of the site. The property is located in an urban
setting in close proximity to the airport and aviation related uses. According to the
applicant, there are no known raze or endangered plant or animal species on the site.
21. ArchaeologicaVHistorical Resources: As the property has been improved, no
professional surveys were conducted of the site. On January 3, 2006, the applicant
requested a letter of "no effect" from the State DLNR-HPD.
22. Cultural or Native Gathering Rights: There is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the site, nor existence of any known
valued cultural, historical or native resources in the area.
23. Traffic: The applicant states "it is anticipated that the proposed action will generate an
-3-
increase in daily vehicular trip counts along Kanoelehua Avenue. Through traffic
conditions will be mitigated by the limitation of right-in/right-out movement.....unlike a
retail establishment, the proposed uses will generate less turning movement of traffic."
24. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
25. Access: Access to the project site is from Kanoelehua Avenue, a State highway with six
lanes and a divided median. Along this section of Kanoelehua Avenue, the right-of--way is
120 feet. There are curb, gutter and sidewalk improvements along the property frontage.
No on-street parking is allowed.
26. Water: County water is available from an existing 12-inch waterline within Kanoelehua
Avenue fronting the property.
27. Wastewater: According to the applicant, the project will connect to the County sewer
line. The Department of environmental Management states the project will require the
following:
• Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension application.
• Extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
28. Solid Waste: Solid waste will be handled by commercial haulers.
29. Essential Utilities and Services: Electricity and telephone services are available to the
site.
AGENCIES' AND ORGANIZATIONS' COMII~NTS
30. Department of Public Works: Exhibit 3 -October 24, 2006 memo
31. Department of Water Supply: Exhibit 4 -November 14, 2006 memo
32. Police Department: Exhibit 5 -October 17, 2006 memo
33. Fire Department: Exhibit 6 -October 16, 2006 memo
34. Department of Environmental Management: Exhibit 7 -October 12, 2006 memo
35. Department of Health: Exhibit 8 -October 23, 2006 memo
-4-
AGENCIES - NO RESPONSE
36. Civil Defense Agency, DLNR Land Division and Historic Preservation Division,
Department of Transportation
PUBLIC COMMENTS
37. Exhibit 9 -October 11, 20061etter from Bruce A. Hansen
-5-
APPLICATION FOR CHANGE OF ZONE - , '~:r
Lot 14, Block 16 of Waiakea House Lots, First Series
Waiakea, District of South Hilo, Hawaii
TMK: (3) 2-2-35:47
Prepared for:
Clark Realty Corporation, a Hawaii corporation
75-5722 Kuakini Highway, Suite 103
Kailua-Kona, Hawaii 96740
Prepared by:
Steven S. C. Lim
Carlsmith Ball LLP
121 Waianuenue Avemie
Hilo, Hawaii 96720
Telephone: 808.935.6644
September, 2006
EXHIBIT
CHANGE OF ZONE APPLICATION
COLIIV'I'Y OF 13AWAII
PLANNLNG DEPARTN[P,NT
{'Type or legibly print the requested information)
APPI:iCANT: CLARK REALTY CORPORATION a Iiawaii ctporation
APPLICANT'S SIGNATURE: See attached authoriuttion letter DATE:
ADDRESS: 75-4722 Kttakint Hiehwav Sttite 103. Kailas Koh Iiawaii 96740
LIST ApPI.TCAIv"f'S INTEREST TF NOT OWNER: _ _
LIST PRTNCIPAL(S) INCI,IIDING NAMES OF MAIN OFFICERS: Yttunan U Clark Catherine
Hami~t,~n, Sefton Clark attd Pemrv Bradley
PHONJ;:{Bus.) 329-5255 (Res.) _ {Fax)
LANDOWNER{S): CLARK REALTY CORPORATION. a Hawaii
c~p'
,rparation
LANDUWNI;R SIGNATURE(S): $ee attached authorization letter DATL:
(May be by letter)
LANDUWNER{5) ADDRESS: 15-ST22 Kuakini Hi tway. Suite 103, 1Cailua-Kona. IIawaii 96740
REQL/E.ST: ML-20 TO _~~-aU
(kacisting zoniny~ (Proposed 'Coning)
'fAX MAP KLY: (3) 2-2-35:47
STRP,L"T ADDRESS OF PROPERTY: 514 Kanoelehua Avenue. Hilo
SI'LE Ole YRUPLRTY OR AFFECTED AREA{S) TO BE REZONED: 21.050 sau'tre feet
AGLNT: Steven S C i im
ADDRESS: Cazlstnith Ball LLP 121 Waianuemu Avenue. Hilo.. Hawaii 96720
TELEPHONE:{Bus.) 935-6644 (Fax) 935-7r/5,__
Please indicate to whom original cor:resportdence and cnpics should be sent.
ORiGFNAL: Putnam D. Clark. Ciazk Realm Corporation COPIES: Steven S.C. Lim
FEE OWNER'S LETTER OF AUTHOItIZATIONi
Tax Map Key: (3) 7-2-35:4'7
Block 16, Waiakea House Lots,. Waiakea, Distcictof South Hilo
Island,. County and Stale of Haivai i
'The undersigned is the fee owner of the real property above-identified, snd hereby
authorizes the law futn of Carlamit)?-Ball LLP to apply for, execute and process-any and all Coumy,
State and federal governmental pamirapplications, and to participate in proceedings related to-said real
property:
A photostatic or facsimile copy of this executed authorization shall also be considered as
effective and valid as the original.
CLARK REALTY CORPORATION;
a Hawaii, corporation
By Q.~~
~ .
pvTn-tAx. n: clnxtc
Irs Presidenf
Subscribed. and sworn to before me this
.a~~ftlf .day of `.~ntF , 2005:
name: R,,t~-i- e fen~inl~nn(
Notary I'ybtie, State of Hawaii
My commission:expves: Ch R 09 a1 p0
~f-
384b-76S7fi000.1
Clark Realty Corporation .1pplicazion fir Change of 7.one
5[M4L1ItY
:lpplieant: Clark Realty Corporation, a Hawaii corparatirnr
Yruperh': West side of Kanoelehua .~lvenne, xpprosimatety i OU tee( norfh of the
Kannelehua Avenue and Ilualani Street intersection, W'aiakea I~nuse Tats,
l:'irst Series,'J~'aiakea, District of South Hilo
Request: Cl~an~e of'Zoue from, Limited Industria120,000 square feet (ML-20) to
Industrial-Cunlmercial Ivliaed DislricE ~O,000 syuare feel (:t•1Ck ?0} for
approximatcl}' 21,00 square test of land
1fifK:(3) ~-2-35:47
SLtiC l.trban
General PFan ("LUYAG") 91ap Tndustriai
7.oning Limited Tndnstrial (11-ti:
20}
Si•4A Outside oI tT~e SM.A
Flood Harard F'F:iv1A-.FIRM Zonc "X"
t.anti Sindy ]inrcau Urclassified
Archaeological Resources Not listed in GP, National or State Register
Flnra~'Fauna Vacant
Scenic and Open Space Resources Not Listed in GI'
Access Kanoelehua Avenue
R'a2er System S:;rv•ipes availab.e
Yoiice and Fire Services S:.rviccs avniiabEe
UIEi3.lies Sen•ices av~i;able
Vt'astewnier Projact wi11 connect to the County sewer line along
Kantxlchua Avctmc
vase
AI't'LICATTON FOR CHA:tiGE OFZOe1~E
BACKGROUND crud COL`NTY 1:NVIKUM1'_hIL'tYTAL li'F.,'PORT
Applicant: Clark Realri C'nrporation, a Ha«•aii corporation
Tax Vlap Key ~o.: (3} 2-2-_,5;47
Lot l4. Filock ]6 of R'aiakea House Lots, First Series
Waiakca. District of Soutlt Hiio, Island sad Cvunty of lIaw.+ii
L. P1lOPUSGD DC I'F,I UP1TF..~'T
1-1 f)wnership
Citvnership of 1"I~tK.; (3) 2-2-=>5:47 is held hyr Clark Realty Corporation, a Hart°aii
corporation, by W`anattty Deed recorded ut the Bureau o:f Conveyances of t}se State of
I Iawaii on September 1:,, 200x; as Document No. 2004-18G28G (Exhibit 6-\~'ananty
Decdl.
1.2 General Sitc llescripGon
The Property is located southeast of Milo Airport., fronting Kanuelehua Avenue,
bet:cc•zen Piilani ;'avenue and Hualani Street. The r~tangular-shaped parcel is a
basically level, unimproved parcel of approximately ?.1,050 square feet, bordered by
residential house lots along its ,ro,thern and westctn boundaries, by 1C1 Yainis Stvre
on its southern boundary and. Kanoetehua :'avenue nn its eastern boundary. Site
improvements on this parcel consist of a remnant concrete foundation and steps from
au abandoned single-Y•trrtily residential dwelling which. was dernnl ish by the
applicant. The remaining prntiorr of the pared consists ofovergrown weeds and
shrtrbs. 'l he parcel is more particularly described ac I.nt {4, lilnek lti of'R'aiakea
ITousz i •ots, First Series, situate at Waiak::a. District of South Hilo, Island and Cvnnty
of Hawaii. The parcel's street address is :i14 14anveleluta Avenue, itilo. (F.xhihit t-
Location A~1.3p, Exhibit 2-Tax ~Iap, Exhibit ~-Existing Improvements, :urd i:xhibi[ 4-
Photographs}.
1.3 Statement of dbjeetlves
The Applicant is seeking a CUanga of Lone frvm Limited lnduslrial 20,000 syuare
feet (~-IL-2U} district to the Industrial-Commercial 'vTixed 20,000 square feet (l\4C]X-
20) district to allow for the construction of an $,i32 syuare foot two-story office
building and related improvements (Exhibix 5-Site Ptan}. The Applicant proposes to
acconunedatc its maitt offices as the anchor tenant and lease oz rent portions to other
conunercial tyke businesses such t+s banking irrsthutions. insurance company, etc.
T}ae single-family dwelling and broken A'C pavement which had been abandoned
prior to the Applieuat's acquisition of the Property has been demolished.
r~~
Clark Really Corporation Application for Change of Zone
2. RELATIONSHIP TO LAND USE PLANS, POLICIES AND CONTROLS
2.1 State Land Use Law
The State Land Use Law provides for the classification of all lands within the State
into one of four land use districts: Urban, Rural, Agricultural or Conservation. The
Property is situated in the State Land Use Urban District. The Urban District shall
include activities or uses as provided by ordinances or regulations of the county
within which the urban district is situated. The proposed rezoning will complement
the existing light industrial and commercial uses along Kanoelehua Avenue. These
adjacent uses are "city-like" in concentration and the Project would expand this
general characteristic, and Bitch use is not contrary to the purposes of the State Land
Use Law Urban designation for the Property.
2.2 Hawaii County General Plan
The General Plan provides for the long-range comprehensive development and
balanced growth within the County, and includes the Land Use Pattern Allocation
Guide ("LUPAG") Map which designates land utilization for 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 LUPAG map designates the Properties as Industrial. The Industrial
designation allows for uses such as manufacturing and processing, wholesaling, large
storage and transportation facilities, light industrial and industrial-commercial uses.
The proposed rezoning would be consistent with the goals, policies and standards of
several fimctional areas or elements of the General Plan as follows:
Land Use Element - In General:
Policies:
• Zone urban- types of uses in areas with ease of access to community services and employment
centers and with adequate public utilities and facilities.
• Promote and encourage the rehabilitation and use of urban areas that are serviced by basic
community facilities and utilities.
• Allocate appropriate requested zoning in accordance with the existing or projected needs of
neighborhood, community, region and County.
Standard:
• Zoning requests shall be reviewed with respect to General Plan designation, district goals,
regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of
public services and utilities, access, and public need.
Discussion: The General Plan is intended to be used as a policy guide for the
coordinated growth and development of all sectors of the County. It sets forth goals,
policies, standards and courses of action to accommodate growth without congestion,
to designate and preserve the lands needed for residential uses, commercial and
visitor service, industry, agriculture and open space, and to coordinate these uses with
the County's service and circulation systems. The overall goals, policies and
standards are set forth to physically plan the lands in the County in the best interest of
the island's residents. The Land Use element provides that primary basis for direct
control and guidance of publicly and privately owned resources. The requested
Page 4
Clark Realty Corporation Application for Change of Zone
change of zone would foster the Land Use element policies and standard by allowing
for diversity and stability by promoting and encouraging the rehabilitation land uses
of urban areas, and allocating appropriate zoning in accordance with the existing
needs of a community.
The requested change of zone request further complements similar adjacent rezoning
amendments to the MCX designation at: (1) TMK: (3) 2-2-35:46 from Limited
Industrial (ML) to the Industrial-Commercial Mixed (MCX) designation in 2003, and
(2) TMK: (3) 2-2-35:63 in 2006 from Single-Family Residential (RS-10) to MCX-20
designation, and thus would continue to retain the character of the Industrial -
Commercial Mixed uses along Kanoelehua Avenue, thereby promoting the County's
economic goals in harmony with its social and physical environments.
Land Use Element -Industrial:
Policies:
• Achieve a broader diversification of local industries by providing opportunities for new
industries and strengthening existing industries.
• Locate industrial areas convenient to transportation facilities, and provide a variety of
industrial zoned districts and lot sizes, depending on the needs of the industries and the
communities.
• Improve the aesthetic quality f industrial sites and protect amenities of adjacent areas by
requiring landscaping, open spaces, buffer zones, and design guidelines.
• Industrial development shall be located in areas adequately served by transportation, utilities
and other essential infrastructure.
• Provide flexibility within the Zoning Code to accommodate emerging new industries.
• Industrial-commercial mixed use districts shall be provided in appropriate locations.
• Require developers to provide basic infrastructure necessary for development.
Standards:
• Industrial development shall maintain or improve the quality of the present environment.
• Topography of industrial land shall be reasonably level.
• Industrial development shall be conveniently located to its labor resource.
• Buffer zones shall be established between industrial and adjacent incompatible uses of land.
Land Use Element -Commercial:
Goals:
• Provide for commercial developments that maximize convenience to users.
• Provide commercial developments that complement the overall pattern of transportation and
land usage within the island's regions, communities, and neighborhoods.
Policies:
• Urban renewal, rehabilitation, and/or redevelopment programs shall be undertaken in
cooperation with communities, businesses and governmental agencies.
• Commercial facilities shall be developed in areas adequately served by necessary services,
such as water, utilities, sewer, and transportation systems. Should such services not be
available, [he development of more intensive uses would be in concert with a localized
program of public and private capital improvements to meet the expected increased needs.
• Distribution of commercial areas shall meet the demands of neighborhood, community and
regional needs.
• 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 development.
Page 5
Clark Realty Corporation Application for Change of Zone
Discussion: Principal industrial development in the Sottth Hilo district are the
Kanoelehua area, Hilo Harbor and the Hilo International Airport. Industrial
development includes numerous other population service-oriented activities. The
major advantages of Hilo include the availability of labor, a full range of community
facilities and the availability of utilities and land. Industrial activities in both service
and non-service categories are expected to expand in Hilo (General Plan, Section
14-36; Exhibit 7).
The proposed change of zone would allocate land uses in keeping with the Property's
LUPAG designation for "Industrial" and the General Plan goal "for land uses in
appropriate proportions and mix" by expanding the availability of a mix of
commercial and industrial uses. The existence of the non-conforming residential use
which is incompatible with industry creates an undesirable land use pattern. In
addition, the proposed change of zone would be compatible with the above-cited
standards, given the topography of the Property is level, and the proposed office
building is conveniently located to public services and utilities, and is located within
close proximity to government, commercial complexes and employment centers in
Hilo.
2.4 HAWAII COUNTY ZONING
The existing County zoning designation for the Property is Limited Industrial,
minimum lot size of 20,000 square feet (ML-20).
The MCX zoning designation was created when the Zoning Code was amended in
1996. Under Section 25-5-130, Hawaii County Code, the Industrial-Commercial Mix
(MCX) district is [o allow mixing of some industrial uses with commercial uses. The
intent is to provide for areas of diversified businesses and employment opportunities
by permitting a board range of uses, without exposing non-industrial uses to unsafe
and unhealthy environments. This designation is intended to promote and maintain a
viable mix of light industrial and commercial uses.
The proposed rezoning would meet this criterion as the Property is located along
Kanoelehua Avenue which supports a viable mixture of light industrial and
commercial uses. The land uses in the immediate area are a mix of commercial and
industrial uses. Commercial and/or industrial uses nearby include warehousing,
aviation related uses, and office buildings. There are MCX zoned properties to the
north and south of the Property. Recent rezonings to the MCX district were approved
by the Planning Commission for properties at TMKs: (3) 2-2-35:46 and
(3) 2-2-35:63.
2.5 HILO COMMUNITY DEVELOPMENT PLAN
The Hilo Community Development Plan (CDP), adopted by the Hawaii County
Planning Commission by Resolution No. 1, on May 21, 1975, is the Commission's
guide for its decisions within the Hilo Urban area. The zoning guide map of the CDP
for the Waiakea House Lots area (Planning Area Number 9) suggests the retention of
residential uses in this area. The properties within Planning Area Number 9 are
Page 6
Clark Realty Corporation Application for Change of Zone
designated as an area with one of the largest number of structures in poor and
dilapidated condition.
Discussion: At the time of adoption of the 1975 CDP, the MCX designation was not
in existence, and therefore not addressed in the CDP. Recent trends reflect this area
is in transition to commercial and light industrial uses, within close proximity to
water, air transportation terminal, harbor facilities and the population of Hilo. The
proposed change of zone would complement the existing industrial and commercial
land uses [hat already exist in this area and will provide for an orderly development of
the area.
2.6 COASTAL ZONE MANAGEMENT AND SPECIAL MANAGEMENT AREA
The Property is not located within the Special Management Area (SMA) of the
County of Hawaii. The Project site is located more than a mile from the shoreline
and will not be impacted by coastal hazard and beach erosion.
3. ENVIRONMENTAL SETTING, IMPACTS & MITIGATIONMEASURES
3.1 PHYSICAL CHARACTERISTICS/ENVIRONMENTAL SETTING
3.1.1 Climate
Settin Located on the wetter windwazd side of the island, the mean annual rainfall is
about 90" to 150". Relative humidity is generally stable and mean annual
temperature is about 72°F to 74°F. Seasonal changes are mild and fairly uniform.
Impacts and Mitigation None. The proposed action will not alter the microclimate of
the region.
3.1.2 Topography and Soils
Bettina The Property is basically flat with an average grade of zero to 5% (Exhibit 8).
The soils in this general area are classified as the Keaukaha extremely rocky muck
(rKFD) series. This soil is near the city of Hilo. It is undulating to rolling and
follows the topography of the underlying pahoehoe lava. In a representative profile,
the surface layer is very dark brown muck about 8 inches thick. [t is underlain by
pahoehoe lava bedrock. This soil is strongly acid. This soil above the lava is rapidly
permeable, runoff is medium, and the erosion hazard is slight. The capability
subclass rating for the soil is VIIs which indicates severe limitations that preclude
their use for agricultural activities. The Land Study Bureau Overall Master
Productivity Rating is "E", or "Very Poor", in agricultural productivity. The State
Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii
(ALISH) map does not classify the parcels as "Prime", "Unique" or "Other Important
Agricultural Lands".
Impacts and Miti ag
lion None. Because of these topographical features, the land is
well-suited for the development of commercial office spaces. Compliance with the
Page 7
Clark Realty Corporation Application for Change of Zone
County requirements would further ensure minimal erosion and sedimentation
impacts during future development.
3.1.4 Valued Cultural, Historical or Natural Resources
As the site was formerly fully developed as a dwelling site, an archaeological
inventory survey of the site was not conducted. The Project site is not among those
listed as historic properties in the Hawaii State Register of Historic Places, has not
been determined to be eligible for inclusion in the National Register of Historic
Places, and is not profiled as a significant cultural and/or historic site in the General
Plan within the South Hilo district, and in the Hilo Community Development Plan.
On January 3, 2006, [he Applicant's requested that SHPD issue a written
determination of "no historic property affected" letter in accordance with Section
13-284-5(b)1, HAR (Exhibit 9). As of the filing of this application, SHPD has not
responded within the 30-day time limit to Applicant's request fora "no effect" letter.
Pursuant to the requirements of Hawaii Revised Statutes, Section 205A-4, and the
Hawaii Supreme Court ruling in the Ka Pa'akai O Ka `Aina case, the Planning
Commission is required to make specific findings and conclusions relating to native
Hawaiian gathering and fishing rights in terms of the cultural, historical, and natural
resources and the associated traditional and customazy practices of the site as follows:
1. Z7te identity and scope of "valued, cultural, historical, or natural resources" in the
petition area, including the extent to which traditional and customary native
Hawaiian rights are exercised in the petition area;
Discussion: No formal archaeological reconnaissance survey, oral history of
kamaaina accounts of the area, historical survey of documentazy records, botanical
and/or fauna study were submitted. As the site was formerly fully developed as a
dwelling site, an archaeological inventory survey was not conducted. There are no
historical sites listed on the Federal and State Register of Historic Sites nor are any
historical sites listed in the County of Hawaii General Plan Historical Element. A
request to SHPD for determination of "no historic properties affected" has been
submitted. In addition, there are no observable traditional and customary native
Hawaiian practices being exercised within the Project Area.
2. The extent to which those resources - inch~ding traditional and customary native
Hawaiian rights -will be affected or impaired by the proposed action; and
Discussion: As no valued cultural, historical or natural resources and no traditional
and customary native Hawaiian rights were found or being practiced in the Project
Area, these rights will not be affected or impaired by the proposed uses.
3. The feasible action, if any, to be taken by the Planning Commission to reasonably
protect native Hawaiian rights if they are found to e.rist.
Discussion: There is no feasible action to be taken by the Planning Commission
other than to require that if in the future, any value cultural, historical, natural
resources and/or traditional and customary native Hawaiian rights are discovered in
the Project Area, that the Applicant will report the discovery to the State of Hawaii,
Page 8
Clark Realty Corporation Application for Change of Zune
Department of Land and Natural Resources, Historic Preservation Division for review
and assessment.
Based upon the lack of any records of any historical or archaeological sites in the
area, it is unlikely that there are significant historic sites in the proposed Project Area.
Therefore, no evidence is available to identify any valued cultural, historical or
natural resources in the Project Area. Further, no resources or traditional and
customary native Hawaiian rights will be affected or impaired by the proposed action.
3.1.3 Natural Hazards
Bettina
Flood and Coastal Hazards. Potential natural hazards to which the Project Area
could be subjected include flooding, volcanic eruptions and eazthquakes. The Federal
Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM)
designates the Property in Zone "X". Zone "X" is designated for those areas outside
of the 500-year flood plain and therefore not shown on Flood Insurance Rate Maps on
file with the County Department of Public Works. Additionally, no serious flood
problems and natural drainage features are found in the area. Because the land and
soil are well drained, floods due to rainwater and surface runoff across the Project
Area are unlikely to occur. The Property is located within the County of Hawaii Civil
Defense Agency's Tsunami Evacuation Zone which ends at Hualani Street.
Volcanic and Earthquake Hazards. According to the US Geological Survey maps,
the Property is located within Lava Flow Hazard Zone 3, on a scale of ascending risk
9 to I. Zone 3 areas include other areas on Mauna Loa in which the hazard is
gradationally lower than in Zone 2 in which lava flows have covered about 15 to 20%
of Zone 3 on Mauna Loa during the past 750 years. The Building Code designates
the entire island of Hawaii in Earthquake Zone 3 and contains certain stnictural
requirements to address the relative seismic hazards. In order to minimize potential
damage to structures as a result of earthquakes, the proposed Project will be designed
and constructed in compliance with applicable Building Codes and Standards.
Impacts and Miti ag lion. The Property is not an oceanfront parcel, and will not affect
or be affected by shoreline processes. The Property is not within any flood zone.
Although the Property is located over a mile from the ocean, it is located within the
tsunami evacuation line which runs along Hualalai Road, immediately mauka of the
Property. The Building Code requirements mitigate potential earthquake hazards.
3.1.4 Air and Noise Quality
Settine
Air. Prevailing northeast trade winds and sea breezes sculpted by the region's
topography forms air circulation patterns that can create local concentrations of
pollutants. Air quality in the Project vicinity is most affected by emissions from
natural and vehicular sources. The dominant factor for the past several years has
Page 9
Clark Realty Corporation Application for Change of Zone
been the volcanic haze (vog) from Kilauea Volcano. Emissions from the ongoing
entption can be seen as a volcanic haze which intermittently blankets the area.
Another natural source of air pollution that may affect the air-quality at the site is
windblown dust. Although there is little air quality monitoring data currently
available for the area, it appears that both State and Federal ambient air quality
standards are currently being met, despite the persistent vog.
Noise. Existing ambient noise includes airpoNaviation uses, traffic and wind. Noise
in the general area is associated with vehicular sources along Kanoelehua Avenue, a
major cross-town 6-lane, divided highway. Noise generated by additional traffic
within the proposed project will be minimal. There could be short-term noise impacts
due to construction activities, however, these impacts can be mitigated through
scheduling work during the daytime and by ensuring that construction equipment
complies with County regulations. When folly developed, the Project is not expected
to add significantly to current noise levels.
ImEacts and Mitigation The proposed rezoning will not alter the air and noise
qualities of the region. Fugitive dust specifically arising from the proposed Project
can be mitigated by observance of standard industry practices for air quality
management. Short-term noise impacts associated with the Project will be temporary
with compliance to all applicable State rules governing construction noise abatement.
3.2 HISTORICAL/ARCHAEOLOGICAL RESOURCES
Setting The Property is not among those listed as historic properties in the Hawaii
Register, and have not been determined to be eligible for inclusion in the National
Register of Historic Places. No commissioned archaeological inventory survey and
cultural assessment study has been conducted for the propose Project. The past
residential use of the Property and extensive clearing reduces the prospect of finding
any archaeological remains.
Impacts and Miti ag_tion None. Because the Property has been previously disturbed,
any surface or subsurface archaeological remains are unlikely. Should any
archeological features or sites be uncovered, work in the affected area will
immediately cease and the Applicant will notify DLNR, State Historic Preservation
Division.
3.3 NATURAL RESOURCES
3.3.1 Flora/Fauna
Setting As the Project site was previously improved with a dwelling, no professional
flora and fauna inventory surveys have been conducted for the proposed project based
on the past residential use of the Property and extensive clearing. There are no
known rare or endangered plant or animal species on the Property or in its immediate
vicinity. Mammal species which occur on the Property include introduced animal
Page 10
Clark Realty Corporation Application for Change of Zone
species, such as mongoose, moose and rats. These are common species which are
found throughout the island.
Imvacts and Miti ag lion None. There are no known rare or endangered animal
species on the Property or in its immediate vicinity. Native vegetation was likely
removed from the Property at the time of site work for the residential home on the
area.
3.3.2 Scenic and Open Space Resources
Settine The Property is not listed as a distinctive and identifiable land form
distinguished as landmarks or as having a front yard vista of distinctive feature as
identified in the General Plan within the South Hilo District.
Imvacts and Miti ag lion The proposed rezoning will not affect the line-of-sight
toward the ocean and will have no directly impact upon existing vistas.
3.4 SOCIO-ECONOMIC RESOURCES
Setting The requested rezoning would designate and allocate land uses in
appropriate proportions and in balance with the social, cultural and physical
environment of South Hilo.
Impacts and Miti ag_tion None, as the proposed rezoning meets land use plans,
policies and controls which support the designation and allocation of the Property for
"land uses in appropriate proportions and mix" by expanding the availability of a mix
of commercial and industrial uses in keeping with the social and cultural environment
along Kanoelehua Avenue.
3.5 SURROUNDING AREAS
Settine
The land uses in the immediate area are a mix of commercial and industrial uses.
Commercial and/or industrial uses nearby include warehousing, aviation related uses,
and office buildings. There are MCX zoned properties to the north and south of the
Property. Recent rezonings to the MCX district were approved by the Planning
Commission for properties at TMKs: (3) 2-2-35:46 and (3) 2-2-35:63. The requested
uses would be consistent with the design and scale of the immediate area.
Imvacts and Miti ag tion None, as design and constntction factors such as [he
placement of the building, parking area, lighting and landscaping buffers have been
taken into account to minimize any anticipated impact [o the residential uses within
the area.
Page I I
Clark Realty Corporation Application for Change of Zone
4. INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES
4.1 Access
Settine Access to the Project site is proposed from Kanoelehua Avenue, a State
highway with six lanes with a divided median. No left-turn movements are possible,
and only right-in- and right-out movements are permitted. Along this section of
Kanoelehua Avenue, the right of way is 120 feet. There are curb, gutter and sidewalk
improvements along the subject property frontage. No on-street parking is allowed.
Impacts and Mitigation It is anticipated that the proposed action will generate an
increase in daily vehicular trip counts along Kanoelehua Avenue. Through traffic
conditions will be mitigated by the limitation of right-in /right-out movements, and
the 3-lanes permit the extreme right lane to function more as a turning lane for
properties located along Kanoelehua Avenue. Unlike a retail establishment, the
proposed uses will generate less turning movement of traffic.
4.2 Water System
Settine The Property is serviced by an existing 12-inch waterline located along
Kanoelehua Avenue and is serviced by an existing 5/8" meter.
Impacts and Miti ag lion None required as an existing water system is available, and
upon compliance with the requirements of the Department of Water Supply, will be
sufficient to meet the needs of the proposed Project.
4.3 Wastewater System
Bettina The Project will connect to the County sewer system which runs along
Kanoelehua Avenue.
Facts and Mitigation None required as the Project will connect to the County's
sewer system.
4.4 Police and Fire Protection and Medical Services
Settine Protective and emergency services are provided by the County of Hawaii,
with the Hilo police headquarters, located on Kapiolani Street. The County Fire
Department provides fire protection services through the fire station headquarters
located on Kinoole Street and fire substation located on E. Kawailani Street.
Medical, surgical, acute care and skilled nursing facilities are available at Hilo
Medical Center in Hilo.
Impacts and Miti ag lion None required as adequate police and fire protection and
medical services are available.
Page 12
Clark Realty Corporation Application for Change of Zone
4.5 Utilities
Bettina Electrical power is available from the Hawaii Electric Light Co., Inc. and
telephone service from Telcom Hawaii.
Impacts and Miti anon None required since adequate utility services are available.
4.7 Solid Waste Disposal Facilities
Setting Solid waste disposal for East Hawaii is serviced by the Hilo landfill waste
disposal site. Solid waste will be handled by commercial haulers.
Impacts and Miti ation None required since adequate solid waste disposal facilities
are available.
5. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
5.1 Relationship Between Short-Term and Long-Term Uses and Maintenance of
Long-Term Productivity
The existence of the non-conforming residential use which is incompatible with
industry creates an undesirable land use pattern. The proposed office building would
be conveniently located to public services and utilities, and is located within close
proximity to government, commercial complexes and employment centers in Hilo as
supported by the Hilo Community Development Plan. Recent trends reflect this area
is in transition to commercial and light industrial uses, within close proximity to
water, air transportation terminal, harbor facilities and the population of Hilo. The
proposed change of zone would complement the existing industrial and commercial
land uses that already exist in this area and will provide for an orderly development of
the area.
5.2 Irreversible and Irretrievable Commitment of Resources
The Project would result in the irreversible and irretrievable commitment of certain
natural and fiscal resources. Major resource commitments include the land on which
the Project is located, as well as the private funds, constntction materials and
manpower. They also incltade the energy, water resources, and other utility resources
that will be committed to development of the Project. The impacts of using these
resources should be weighed against the expected socioeconomic benefits to be
derived from the Project and the consequences of taking no action or adopting
another, less beneficial use of the Property
6. ALTERNATIVES CONSIDERED
6.1 No Action Alternative
Under the "No Action" alternative, the Property would remain in its present
abandoned residential use which is incompatible with industry and creates an
undesirable land use pattern. The proposed rezoning would promote development of
Page 13
Clark Realty Corporation Application for Change of Zone
theoverall light industrial and commercial uses along Kanoelehua Avenue, thereby
promoting the County's economic goals in harmony with its social and physical
environments.
7. ZONING QUESTIONNAIRE
The Applicant has completed and attached the Planning Department's Zoning
Questionnaire as Exhibit 10.
8. LIST OF SURROUNDING OWNERS
A list of the names, addresses and tax map keys of all owners and lessees of record of
surrounding properties is attached hereto as Exhibit 11.
Page 14
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~ R•108 STATE OF HAWAII
+ BUREAU OF CONVEYANCES
SEP 13, YORp,EgCORDED
06:01 AM
rynn pr¦ Yrr Doc No(s) 2004.186286
~II~~tl0I11II~IINI111IIINll~l81~ REOI TRAR OF CONVEYANCES
20 213 26 CONVEYANCE TAX: 5450.00
LAND COURT SYSTEM ~ REGULAR SYSTEM -
5~~ Retwnby: MAIL ( ) PICKUP(X) TO:
/ ri.~~ ESCROW NO.: 24030595-003-EKY
'7~( -~$j,L,~ UUl\l(.4~'1 / (/,`~/'~J ~~0 3 ORDERNO.: 416738
~At/u/~ t`o7u • ~°7~4 ElaiaeYamaguchi
' THIS DOCUMENT CONTAINS S PAGES
TITLE OF DOCUMENT:
WARRANTY DEED
PARTIES TO DOCUMENT:
GRANTOR: DAVID BOBADILLA, single, whose mailing address is P.O. Box 205,
Papaikou, Hawau 96781
GRANTEE: CLARK REALTY CORPORATION, a Hawaii corporation, whose
mailing address is 75-5722 Kuakini Highway, #103, Kailua-Kona, Hawaii
96740
TAX MAP KEY (3) E-2-035:047 PKK/STC2004.DED/8-17-04
EXHIBIT 6
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That DAVID BOBADILLA, single, whose mailing address is P.O. Box 205, Papaikou,
Hawaii 96781, hereinafter called the "Grantor", for and in consideration of the sum of TEN AND
NO/100 DOLLARS ($10.00) and other good and valuable consideration to the Grantor paid by
CLARK REALTY CORPORATION, a Hawaii corporation, whose mailing address is 75-5722
Kualrini Highway, #103, Kailua-Kona, Hawaii 96740, hereinafter called the "Grantee", the receipt
whereof is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee all
of that certain real property designated on the tax maps of the Third Taxation Division, State of
Hawaii, as Tax Map Key 2-2-035:047, more particularly described in Exhibit A attached hereto and
made a part hereof, subject to the encumbrances noted therein.
TOGETHER WITH ALL and singular the buildings, improvements, rights, tenements,
hereditaments, easements, privileges and appurtenances thereunto belonging or appertainingorheld
and enjoyed in connection therewith.
TO HAVE AND TO HOLD the same unto the Grantee, as the Grantee's sole and sepazate
property, and the said Grantee's heirs, personal representatives and assigns, in fee simple forever.
AND THE SAID GRANTOR does hereby covenant with the Grantee that the Grantor is
lawfully seised in fee simple of said granted premises and that the said premises are free and clear
of all encumbrances except as aforesaid, and except for assessments for real property taxes not yet
due. And the said Grantor further covenants and agrees that the Grantor has good right to sell and
convey the said premises in the manner aforesaid; that the Grantor will WARRANT AND DEFEND
the same unto the Grantee against the lawful claims and demands of ail persons, except as aforesaid.
IT IS MUTUALLY AGREED that the terms "Grantor" and "Grantee", as and when used
hereinabove or hereinbelow shall mean and include the masculine or feminine, the singulaz or plural
number, individuals, associations, trustees, corporations or partnerships, and their and each of their
respective successors in interest, heirs, executors, personal representatives, administrators and
permitted assigns, according to the context thereof, and that if these presents shall be signed by two
2
2
or more grantors, or by two or more grantees, all covenants of such parties shall be and for all
purposes deemed to be their joint and several covenants.
The parties agree that this instrument maybe executed in counterparts, each of which shall
be deemed an original, and the counterparts shall together constitute one and the same instrument,
binding all parties notwithstandingthat all of the parties aze not signatory to the same counterparts.
For all purposes, including, without limitation, recordation, filing and delivery of this instnunent,
duplicate unexecuted and unacknowledged pages of the counterparts may be discazded and the
remaining pages assembled as one document.
IN WITNESS WHERE ,this instrument has been executed by the undersigned on this
~dayof_ ,2004.
c~~-tt~K1 ~iS~A-C~to
DAVID BOBADII.LA
APPROVED AS TO PORM
PETER K. KUBOTA
ATTORNEY AT LAW
6-17-04
3
7;
STATE OF~II ~v` a' )
/ ss.
COUNTY OF ~ ~ )
c.,
On this ~ day of ~ 2004, before me personally appeared
DAVID BOBADILLA, tome known (or proved to me on the basis of satisfactory evidence) to be
the person described in and who executed the foregoing instrument, and acknowledged to me that
he executed the same as his free act and deed.
~ ~ C~-~
susAN iaicrtr
~ »eaee ~ Name: ~s'/4+V ~q'ff ~
aorAm vueuc • CALIFOrtNN
Los ANGELES GGUNiY ~ Notary Public, State of Hawaii
Mrconvn.eryruAVnrt,o.xoa / ~l
My commission expires: ` ( ~D
4
EXHIBTT "A"
All of that certain parcel of land, being a portion of the land described in and wvered by Land Patent Cttattt
Number 11,554 to Alfred Tavares, Jr. and Julia L. Tavares, being LOT 14, BIock 16 of WAcIAKEA HOUSE
LOT5, FIItST SERIES, situate at Waiakea, Island'and County of Hawaii, State of Hawaii, and more
particularly described ae follows:
Beginning at the Northeast cornet of rtes lot, the Southeast corner of Lot 12, Block 16, and on the West side
of Kanoelehua Avenue, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "HALAI",being 723.00 feet South and 11,075.00 feet East and mm~ing by azimuths
measured clockwise from True South:
1. 360° 00' 100.00 feet along the west side of Kanoelehua Avanue;
2. 90° 00' 223.00 feet along Lot 16, Block 16;
3. 180° 00' 100.00 feet along Lotl3, Block 16;
4. 270° 00' 223.00 feet along Lot 12, Block 16 to the point of beginning and
containing an area of 22,300 square feet, more or less,
Excepting aad reserving therefrom, that certain parcel of land conveyed to the Stara of Hawaii by instrument
dated September 26,1952, recorded in the Bureau of Conveyances in Book 2636 at Page 408, containing an
area of 1,250 square feet, more or less, leaving a net area of 21,050 square feet, more or lase.
Being all of rho land conveyed by:
WARRANTY DEED
Grantor: DSD, Inc. a Hawaii corporation
Grantee: David Bobadilla, singlo, as Tenant In Severalty
Dated: Juae 4, 2004
Document No.: 2004-119385
SUBJECT, HOWEVER, to the following:
1. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
2. Restrictive covenant relative to the use of the land as residential purposes only, as contained in
.Land Patent Grant 11,654 dated May 10, 1948
END OF EXHIBIT "A"
C.
§14.4.5.2: SOUTH HIt.O
• (c) Service oriented Limited Industrial and/or Industrial-Commercial uses may be
permitted in Pahoa although the area is not currently identified in the LUPAG
map.
14.4.5.2 SOUTH HILO
14.4.5.2.1 Profile
The South Hilo district has approximately 2,185 acres of industrial zoned ]ands. With
almost 36 per cent of the island's Industrial-zoned ]ands, South Hilo is the major in-
dustrial center on the island. The principal industrial areas are the Kanoelehua area,
Hilo Hazbor, and the Hilo International Airport azea.
Industrial development in Hilo is primarily due to its available transportation facilities,
the hazbor and airport, and its concentration of population.
There aze also industries involved with the processing and packaging of locally grown
products. Papaya grown in Puna is inspected, fumigated, and packaged in Hilo. Ma-
jorprocessors of livestock products are located in South Hilo.
Other industrial activities include quarrying, garment manufacturing, storage, whole-
saling facilities and numerous other population service-oriented activities.
• Besides transportation facilities, major advantages of Hilo include the availability of
labor, a full range of community facilities and the availability of utilities and land. In-
dustrial activities in both service and non-service categories are expected to expand in
Hilo.
14.4.5.2.2 Courses of Action
(a) Encourage the centralization of industrial activities in the Kanoelehua Industrial
azea. Noxious industries shall be located away from residential and related azeas.
(b) Identify sites suitable for future industrial activities as the need arises.
(c) Encourage the State and the Department of Hawaiian Home Lands to develop
industrial zoned ]ands in the Kanoelehua Industrial area and airport industrial area.
(d) Allocate appropriately zoned lands.
(e) Industrial-commercial mixed use districts may be provided at appropriate loca-
tions.
• tars: Hawaii County General Plan
EXHIBIT 7
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EXHIBIT S
CARLSMITH BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
121 WAIANUENUE AVENUE
P.O. Box 686
HaO, HAwnn 96721-0686
TELEPHONE 808.935.6644 Fax 808.935.7975
W W W.CARLSMITH.COM
FACSIMILE TRANSMISSION
UNLESS OTHERWISE INDICATED OR OBVIOUS FROM THE NATURE OF THE TRANSMITTA4 THE INFORMATION CONTAINED
IN THIS FACSIMILE MESSAGE 1S ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED FOR THE USE OF
THE INDIVIDUAL OR ENTITY NAMED BELOW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE
EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERMG IT TO THE MTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMMATION, DISTRIBUTION OR COPYMG OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION M ERROR OR ARE NOT SURE WHETHER IT IS PRIVILEGED, PLEASE IMMEDIATELY NOTIFY US BY COLLECT
TELEPHONE AND RETURN THE ORIGMAL MESSAGE TO US AT THE ABOVE ADDRESS VlA THE U.S. POSTAL SERVICE AT OUR
EXPENSE. THANK YOU.
DATE: January 3, 2006
TO: Name Fax No. Phone No.
Mary Ann Maigret 327-3693
FROM: Katherine Y. Luga, Pazalegal
NUMBER OF PAGES INCLUDING THIS COVER SHEET: 4
CASE NAME: Clark Realty
CASE NUMBER:
ORIGINAL/COPY WILL BE MAILED ~ ORIGINAL/COPY WILL NOT BE MAILED
MESSAGE: This firm represents Clark Realty Corporation. Clark Realty is proposing to
process a change of zone request from ML-20 to MCX for the subject property which fronts
Kanoelehua Avenue, and is improved with asingle-family residential dwelling.
Attached are copies of the proposed site, floor and exterior elevation plans.
We would appreciate your review of the Property and issuance of a "no effect" clearance letter.
Please contact me should you have any questions or require additional information. Thank you
for your assistance.
If problems occur, please call our fax operator at 808.935.6644.
EXHIBIT 9
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ATTACHMENT
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. if your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? No
If mss, please answer the rest of question I and then to
question 3.
a• How many acres of the requested area do you intend to
subdivide?
b. Into what lot sizes?
c. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval?
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application farm.
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone who has firm
plans?
b. Sell or lease the land to someone who has tentative
plans?
c. Se11 or lease the land to someone who has no plans?
a Keep it? X
e. other (please state)
EXHIBIT 10
f. If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
3. What specific building plans do you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information which you
feel might help us in evaluating your request.
4. Have you performed any study which would demonstrate a need for
your proposed building and/or development? No
if so, please elaborate on your findings in the space provided
below.
-2-
5• Have you performed any study which discusses the
environmental impacts your request would nave on the
surrounding area and/or the County? No
If so, please elaborate on your findings in the space
provided below.
6. Are there any buildings on the subject area? Yes
If so, what kind?
An abandoned single-family residential dwelling.
What do you intend to do with those buildings if your
request is approved?
Demolish the abandoned single-family residential dwelling
Is the subject land currently being used for any
agricultural activity? No
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
-3-
g• To your knowledge, has there been any flooding and/or
drainage problem on the subject area? No
If so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement? No
If so, what kind?
Is the road adequate for the proposed traffic volume
or load? Yes
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
yes yp
a. Schools X
b, Roads X
c. Sewer X
d. Drainage X
e. Police Protection X
f. Fire Protection X
X
g, Recreational Facilities
X
h. Recreational Facilities
i.
-9-
For those checked "yes," please elaborate what type or kinds of
improvements and/or assistance are needed.
Connection to the County sewer system. Police and fire public safety support.
11. Have you performed any historic sites study and/or survey of the
subject area? If so, what were the results? Please, also,
submit a copy of the study together with this change of zone
supplement.
No. The property was previously graded for the single-family residential use.
Signature: LJ.le~~t~t .J/1~~~~~%~-
Address : 75-5722 Kuakini Hwy., #103, Kailu-Kona
Telephone: 329-5255
Date: S'//D~D(
-5-
6338A/SOA
P. D. 5/89
SURROUNDING PROPERTY OWNERS
WITHIN 300' OF
TMK:(3) 2-2-35:47
2-1-12:09 State of Hawaii
Department of Transportation
1099 Kanoelehua Avenue
Hilo, HI 96720
2-2-35:29 Dwayne S. Lerma Trust /Joanne E. Goya Trust
P.O. Box 1899
Keaau, HI 96749
2-2-35:30 George Britto Trust /Edith Brito Trust
P.O. Box 7
Hilo, HI 96720
2-2-35:31 Hirayama Brothers Electric, Inc.
:99 510 Kalanikoa Street
Hilo, HI 96720
2-2-35:32 Okano Family Parners III
524 Kalanikoa Street
Hilo, HI 96720
2-2-35:33 Herbert Nagata Trust
:56 539 Kalanikoa Street
Hilo, HI 96720
2-2-35:34 Ty Tsugio Motobu
1695 Wailuku Drive
Hilo, HI 96720
2-2-35:35 Hisako & Sallie Ito
503 Kalanikoa Street
Hilo, HI 96720
2-2-35:36 Paul & Jane Daikawa Trust
:100 495-A Kalanikoa Street
Hilo, HI 96720
2-2-35:37 Lono Kona Partnership
688 Kinoole Street, Suite 120
Hilo, HI 96720
2-2-35:44 Arthur T. Isemoto Family Trust
484 Kanoelehua Avenue
Hilo, HI 96720
2-2-35:46 SAF, Ltd.
P.O. Bxo 1941
Lihue, HI 96766
EXHIBIT 11
2-2-35:55 Geraldine Nishimura Trust
545 Kalanikoa Street
Hilo, HI 96720
2-2-35:57 Stephen D. Ah Choy Trust
:105 774 Hualani Street
Hilo, HI 96720
2-2-35:58 Bruce A. Hansen
558 Kanoelehua Avenue
Hilo, HI 96720
2-2-35:71 Hayato Okino Trust
c/o Nelson Okino
2251A Aulii Street
Honolulu, HI 96817
2-2-35:72 Noreen Koizumi
Ryne K. Uemura Trust
Joni Uemura
Alexander Salomon Trust
Calvin D. Uemura Trust
78 E. Kawailani Street
Hilo, HI 967202-2-35:73
2-2-35:73 Trent & Hieu Stonerock
P.O. Box 6876
Hilo, HI 96720
2-2-35:79 Raynol Y. Udo Trust
483 Kalanikoa Street
Hilo, HI 96720
2-2-35:91 First Hawaiian Bank
Financial Management Group
P.O. Box 3708
Honolulu, HI 96811
2-2-35:92 Mildred Correa
765 Hualani Street
Hilo, HI 96720
2-2-35:93 Robert Tominaga
Amy Tominaga
Harui Tominaga
752 Hualani Street
Hilo, HI 96720
2-2-35:41 Isemoto Contracing Co., Ltd.
:104 648 Piilani Street
Hilo, HI 96720
4836-2638-7969.].023459-00043
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 82
(Draft 2)
ORDINANCE NO. 9'7 93
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL
(RS-10) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-2-35:47.
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, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following azea situated at Waiakea, South Hilo,
Hawaii, shall be Limited Industrial (ML-20):
Beginning at the northeast corner of this pazcel of land, being also the southeast
comer of Lot 12 and on the west side of Kanoelehua Avenue, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALAL", being
723.00 feet South and 11,062.50 feet East, thence running by aamuths measured
clockwise from true South:
1. 360° 00' 100.00 feet. along Kanoelehua Avenue;
2. . 90° 00' 210.50 feet along Grant 11,555 to Chazies C. Cross
(Lot 16);
3. 180° 00' 100.00 feet along Grant 10,585 to Masawo Imamura
(Lot 13);
4. 270° 00' 210.50 feet along Grant 11,557 to Noboru and
Miyoko O. Kimura (Lot l2) to the point
of beginning and containing an azea of
21,050 Square Feet.
All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a
part hereof.
EXHIBIT N
~ ~
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The required water commitment payment shall be submitted to the Depaztment
of Water Supply is accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
C. Construction of the proposed development and related improvements within the
subject property shall be completed within five (5) years from the effective date of
this ordinance. This time period shall include securing Final Plan Approval from
the Planning Director for the commercial development within the subject
property. Plans shall identify structures, fire protection measures, paved and
striped pazking stalls and driveway and other improvements associated with the
proposed uses. Plans shall include a 6-foot wide landscaping buffer along the
side/reaz boundaries of the subject property.
D. An overall landscaping master plan and maintenance plan, which includes
landscaping along the sidelreaz property boundazies of the subject property shall
be submitted to the Planning Director for review and approval prior to the
issuance of Final Plan Approval.
E. A drainage system, if applicable, shall be installed prior to the issuance of
Certificate of Occupancy for the subject property, meeting with the approval of
the Department of Public Works.
F. Sewer line connections shall be installed meeting with the requirements of the
Depaztment of Public Works.
-2-
I
G. A Solid Waste Management Plan shall be submitted for review and approval to
the Department of Public Works in conjunction with Final Plan Approval.
H. The applicant shall comply with all requirements of the Department of
Transportation, including driveway access and sidewalk improvements along
Kanoelehua Avenue.
I. Comply with all other applicable rules, regulations and requirements of the
affected agencies for the development of the subject property.
J. Upon compliance with applicable conditions of approval, prior to the opening of
the proposed development, the applicant shall submit a final status report, in
writing, to the Planning Director.
K. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towazds the requirements of the Unified Impact Fee
Ordinance.
L. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have beeri•
foreseen or aze 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-
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 perfom~tattce (i.e., a condition to be performed
within one yeaz may be extended for up to one additional yeaz).
M. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject property to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
' invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
/i "/fir
CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: June 2 , 1997
Date of 1st Reading: June 2, 1997
Date of 2nd Reading: June 18 , 1997 -
EffectiveDate: July 3, 1997
APPROVED AS TO FORM AND LEGALITY
oEPUiY CORPORATI/ON2COU~N7SEL _
DATED: Z / ~9 / '
-4-
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2 ~ Q Q
_ [5 - IO ~ Y LS • I O ML - 20 _Y
KEKUANAOA FUTURE 60' R W UNE STREET
-
[5-10 RS 10
O [5-10 I ML-10
I
r
r
AMENDMENT TO THE .ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
' SINGLE FAMILY RESIDENTIAL (RS-10) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA, SOUTIi
HILO, HAWAII.
PREPARED ELY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 2-2-35:47 MARCH 20. 1997
EXHIBIT 'A~~ (c[MtD "°o.Mw)
OFFICE OF THE COUNCY CLERK ,
County of Hawaii
Hilo .Hawaii E, _
' '
DRAFT 2 • ~
vROLL CALL VOTE U ~
Introduced B Hobby Jelin Leithead-Todd A~€S..''' NOES , . ABS EX
y June 2. 1997 Arakaki n. ~r•.,~i
Date Introduced:
First Reading: June 2, 1997 Chun X
Published: N/A Leithead-Todd X
Ray X
REMARKS: Reynolds X
Santangelo X
Smith X
T let
Ya on X
9 0 0 0
ROLL CALL VOTE
Second Reading: 7nnP 1 R. 1497 AYES NOES ABS EX
To Mayor: June 19, 1997
Returned: Julv 3 1997
Effxtive: Julv 3 1997 Chung
Published: Julv 13, 1997 Ludtead-Todd X
Ray x
REMARKS: Reynolds X
Santangelo
Smith
Tyler X
Yagong X
/ DO HEREBY CERT/FY that the foregoing BILL was adopted by the County Council and published as
indicated above. • •
,
DE?UN CC'.PO.ATlON COUNSEL
COUNiY O~JF"~HA~V~/IAII
Ca;e.~,~ . ~i 7 7 •
Approved/Dwa~m>;ed this ~ day O CIL CHAIRMAN
nJ t~'.. `1.. l y ~ l
COUNTYCGERK
.MAYOR. COUr~TYOFHAtVAII Biil No.: 82 (Draft 2 )
Reference: C-282/PC-50
Ord. No.: ~ 93
DEPARTMENT OF PUBLIC WORKS
ryi,,,,,, COUNTY OF HAWAII
! , ^ 33 HILO, HAWAII
' i dT DATE: October 24, 2006
,~U_~.~ti r ~ cif-,n
~,n
TO: Christopher J. Yuen, Planning Director
FROM: D~rtment of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000053)
Applicant: Clark Realty Corporation
Request: ML-20 to MCX-20
Tax Map Key: 2-2-35: 047
We have reviewed the subject application forwarded by your memo dated October 10,
2006 and offer the following comments for your consideration.
All development-generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared 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.
All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion
and Sedimentation Control, of the Hawaii County Code.
Questions may be referred to Kelly Gomes of the Engineering Division at ext. 8327.
EXHIBIT
~~a~~:~`I
County of Hawaii is an Equal Opportunity Provider and Employer
' 4t W 4IFA Jop n z~
(~y ~ i n
19 ~9
S~ DEPARTMt'~.Ni'F ,O F: WATER,,8~FPPLY COUNTY OF HAWAII
a
yJ~o~xn Wpt~'p, 346~1(~JdU~'N~A b.A ~TjJ1:,~~E,.~{(~SUITE 20 HILO, HAWAII 96720
TELEPHONE (608) 961-8060 FAX (806) 967-6667
November 14, 2006
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000053)
APPLICANT -CLARK REALTY CORPORATION
REQUEST: ML-20 TO MCX-20
TAX MAP KEY 2-2-035:047
We have reviewed the subject application and have the following comments and conditions.
Water is available from an existing 12-inch waterline within Kanoelehua Avenue fronting the subject
pazcel. There is an existing service lateral installed to the parcel capable of accommodating a 5/e-inch
meter, which is limited to a maximum daily usage of 600 gallons.
The Department has no objection to the proposed Change of Zone Application subject to the applicant
understanding and accepting the following conditions:
1. The Department requests that the applicant submit estimated maximum daily water usage
calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and
approval. The water usage calculations should include the estimated peak flow in gallons per
minute and the total estimated maximum daily water usage in gallons per day, including all
irrigation use.
Based on the water usage calculations provided above, if the existing 1-inch service lateral cannot
accommodate the estimated demand, a larger or additional meter will need to be installed and
remittance of the prevailing facilities charge, which is subject to change, will be required. If the
existing 1-inch service lateral can accommodate the estimated demand, then the applicant may
have a 5/8-inch meter installed for the prevailing meter installation fee of $75.00.
2. The proposed zoning will require the installation of a reduced pressure type backflow prevention
assembly by a licensed contractor, within five (5) feet of the meter on private property. If a lazger
or additional meter is required, a backflow prevention assembly will also be required for that
meter. The installation of the backflow prevention assembly(s) must be inspected and approved by
the Department before water commencement of water service.
~A / / EXHIBIT
I~Vater brivcr~6 rroc~re~~... ~ `"°:h'~:~II.
The Department of Water Suppiy is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil
Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250.9410. Or call (202) 720-5964 (voice and TDD)
Mr. Christopher J. Yuen, Planning Director
Page 2
November 14, 2006
3. Subject to other agencies' requirements to construct improvements within the road right-of--way
fronting the property affected by the proposed development, the applicant shall be responsible for
the relocation and adjustment of the Department's affected water system facilities, should they be
necessary.
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning
Branch at 961-8070, extension 255.
Sin rel yours,
Milto . Pavao, P.E.
Mana er
FM:sco
copy - Clark Realty Corporation
Mr. Steven S. C. Lim, Carlsmith Ball LLP
DWS Cross Connection Section
{Y W
Harry Kim Lawrence K. Mahuna
Police Chiej
iQ3 Q~;T 1 ~ ~!'1 ~ n~ •'';i;•o;•w,ar~• • Harry S. Kubojiri
i''(_~':i .;;}_"~i Deputy Police Chiej
;:our+ -~;`,S'w~,;i County of Hawaii -
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii 96720-3998
(808) 935-3311 Faz (808) 961-8869
October 17, 2006
TO HRISTOP YUEN, PLANNING DIRECTOR
/h. t
FROM J MES M. DAY, SSISTANT POLICE CHIEF, AREA I OPERATIONS
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000053)
APPLICANT: CLARK REALTY CORPORATION
REQUEST: ML-20 TO MCX-20
TAX MAP KEY: 2-2-35:47
Staff, upon reviewing the provided documents and visiting the proposed site, does not
anticipate any significant impact to traffic and/or public safety concerns.
Thank you for allowing us the opportunity to comment.
KV/Ili
EXHIBIT
"Hawai'i County is an Fqual Opportunity Provider and &nployer'
•x,Y Or r,°
Harry Kim Darryl J. Oliveira
Mayor Fbe Chief _
•%;••..•,,,:r` Desmond K. Wery
~ j yt
~ 1 °j•ar x• Deputy Fire Chief
2tt11~ ~ , . =~.1T
"`'~',i ~ ~ FIRE DEPARTMENT
25 Aupuui Street • Suite 103 • Hilo, Hawaii 96720
(808)961-8297 • Fax (808)961-8296
October 16, 2006
TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-0000053)
APPLICANT: CLARK REALTY CORPORATION.
REQiTEST: ML-20 TO MCX-20
TAX MAP KEY: 2-2-35:47
In regards to the above-mentioned Change of Zone application, the following shall be in accordance:
Fire appazatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in
accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building
hereafter constructed when any portion of an exterior wall of the fast story is located more
than 150 feet from fire department vehicle access as measured by an unobstructed route
azound the exterior of the building.
"EXCEPTIONS: 1. When buildings aze completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cazmot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional
fire protection as specified in Section 10.301 (b).
EXHIBIT P;t~o
3 Cyr
~ 020~0~ _ <
Hawaii County is an Equal Opportunity Provider and Employer.
Christopher J. Yuen
October 16, 2006
Page 2
" 3. When there aze not more than two Group R, Division 3 or Group M Occupancies,
the requirements of this section may be modified, provided, in the opinion of the chief,
fire-fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that
access by a single road may be impaired b3' vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of" a fire appazatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire appazatus access roads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire appazatus and approved signs are installed and
maintained indicating the established vertical cleazance.
"(e) Permissl"ble Modifications. Vertical cleazances or widths required by this section may be
increased when, in the opinion of the chief, vertical clearances or widths are not adequate to
provide fire appazatus access.
"(f) Surface. Fire appazatus access roads shall be designed and maintained to support the
imposed loads of fire appazatus and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
"(g) 'I~rning Radius. The fuming radius of a fire appazatus access road shall be as approved
by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire appazatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the fuming around of fire appazatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be
constructed and maintained in accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the imposed loads of fire appazatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15%)
Christopher J. Yuen
October 16, 2006
Page 3
"(k) Obstruction. The required width of any fire appazatus access road shall not be
obstructed in any manner, including pazldng of vehicles. Minimum required widths and
clearances established under this section shall be maintained at all times.
"(1) Signs. When required by the fire chief, approved signs or other approved notices shall be
provided and maintained for fire apparatus access roads to identify such roads and prohibit the
obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301(c):
"(c) Water Supply. An approved water supply capable of supplying required fire flow for Ere
protection shall be provided to all premises upon which bu>ldings or portions of buildings are
hereafter constructed, in accordance with the respective county water requirements. There
shall be provided, when required by the chief, on-site Ere hydrants and mains capable of
supplying the required Ere flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other
fixed systems capable of providing the required fire flow.
"The location, number and type of Ere hydrants connected to a water supply capable of
delivering the required Ere flow shall be protected as set forth by the respective county water
requirements. All hydrants shall be accessible to the fire department apparatus by roadways
meeting the requirements of Section 10.207.
ARR O IRA
Fire Chief
PBE:Ipc
' JNtY Of nqN.
Harry K° i%!ry l ~ j'}T .t ,1L / ~ Barbara Bell
Mayor Director
e' ~
;_~'~~T rr o, nn Nelson Ho
~ ,J(:1,; ~i C ' i --.li Deputy Direcror
C~aunt~r ~ufutttt
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni S[reet, Room 210 • Hilo, Hawaii 96720-4252
(808) 961-8083 • Fax (808) 961-6086
MEMORANDUM
Date : October 12, 2006
To CHRISTOPHER YUEN, Planning Director
From: BARBARA BELL, Direct~j//~~~
Subject: Change of Zone Application (REZ 06-000053)
Applicant: Clark Realty Corporation
Request: ML-20 to MCX-20
TMK: 2-2-35:47
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER COMMENTS:
( ) No comments
( )Require connection of existing and/or proposed structures to the public sewer in accordance with
Section 21-5 of the Hawaii County Code.
( Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the
an County Code. Complete D.E.M. Sewer Extension Application.
( Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23-85 of the Hawaii County Code.
( )Other:
,may TECHNICAL SERVICES COMMENTS:
SOLID WASTE COMMENTS:
( ) No comments
Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
(x) Aggegates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( h) Ample and equal room should be provided for rubbish and recycling.
(x) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations, or other suitable diversion programs.
( k) Construction and demolition waste is prohibited at all County Transfer Stations.
(x) Submit Solid Waste Management Plan in accordance with attached guidelines.
( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on
current status.
( )Other:
cc: SWD, TSS, WWD 6824
Hawaii County is an equal opportunity provider and emp[rrXHIBIT g~
i. :k'ti ~JS.}~
7
a
~r=:' Barbara Bell
Director
Harry Kim •t '
Mayor NBcbael Dworsky P.E
t~r~` Sofid Waste Division Chief
~a
County of Hawaii.
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Anpmi Street, Roca 210 • Ails, Hawaii %720-0252
(808) %18083 • Far (808) %1-8086
June 6, 2006
SOLID WASTE MANAGEMENT PLAN
Guidelines
INTENT AND PURPOSE
This is to establish guidelines for reviewing solid waste management plans, for which
special conditions are placed on developments. The solid waste management plan will
be used to: (1) encourage recycling and recycling programs, (2) predict the waste
generated by the proposed development to anticlpate the loading on County transfer
stations, landfills and recycling fadlities, and (3) predict the additional traffic being
generated because of waste and recycling transfers.
REPORT
The oonsultanYs report will contain the following:
1. Description of the project and the potential waste it may be generating: i.e.
analysis of antidpated waste volume and composition. This includes waste
generated during the construdion and operational phases. Greeriwastes will be
included in this report for both construction grubbing and future operational
landscape maintenance.
2. Description and location of the possible sites for waste disposal or recycling. We
will not allow the use of the County transfer stations for any commercial
development; oommerclal development as defined under the policles of the
Department of Environmental Management, Solid Waste Division.
3. Since the Department of Environmental Management promotes recycling,
indicate onsRe source separation facilities by waste stream; i.e. source
separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample
and equal space for rubbish and recycling.
4. Identification of the proposed disposal site and transportation methods for the
various components of the waste disposal and recycling system, including the
number of truck traffic and the route that truck will t>e using to transportthe-waste
and recycled materials.
pts F Nd
GOB ~ 9
0
LINDA LINGLE CHIYOME LEINAALA FUKINO, M.D.
GOVERNOR ^ n ~ < n ~ 4 ; DIRECTOR OF HEALTH
~l o~ cc7 ~ ~ ,1
®n~.,~.
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 816
HILO, HAWAII 98721-0916
MEMORANDUM
DATE: October 23, 2006
TO: Christopher J. Yuen
Planning Director, County of Hawaii
FROM: Larry K. Shiro
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 06-000053)
Applicant: Clark Realty Corporation
Request: ML-20 to MCX-20
TMK: 2-2-35:47
We recommend that you review all of the Standard Comments on our website:
www.state.hi/health/environmentaUenv-plannin¢/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm
runoffs from the proposed development need to address the requirements of Chapter 23,
Hawaii State Department of Health Administrative Rules, Title 11, "Underground
Injection Control."
Applicant should verify if County sewer is available.
WORD:REZ 06-000053.at
~XHISIT
S ~~s.~s3
c~ncv fi ~w~l~ ~nfi
~ =~b~t ,
V! f~yF4~~~Vi
October 11, 2006
County of Hawaii
County Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
RE: Change of Zone Application for:
Clark Realty Corporation
Limited Industrial 20,000 sf (ML-20) district to Industrial-Commercial
Mixed 20,000 sf (MCX-2Q) district.
TMK: (3) 2-8-08:03 (SUB No. 04-151)
Please be advised that we strongly support the proposed change of zone for
the above listed property.
Sincerely,
~~u ~ ~
rtn_~rA A~ Hansen
President
cc: Carlsmith Ball LLP
EXHIBIT
558 Kanoelehua Ave., Hilo, Hawaii 96720
808 935-0279 • Fax 808 935-7597
Builders License Number BC 16835
~1- /'t'1 P~ ~ a. M
RCIazkRF,Z.doc-12/12/06
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
CLARK REALTY CORPORATION
CHANGE OF ZONE APPLICATION (REZ 06-0000531
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director recommends that a favorable recommendation of the Change of Zone
from Limited Industrial - 20,000 square feet (ML-20) to Industrial-Commercial Mixed
20,000 square feet (MCX-20) be forwarded to the County Council. Since this
recommendation is made without the benefit of public testimony, the Director reserves the right
to modify and/or alter this recommendation based upon additional information presented at the
public heazing. This favorable recommendation is based on the following findings:
Change of zone from ML-20 to MCX-20 to allow the construction of an
approximately 8,532-squae foot two-story office building and related improvements.
The applicant proposes to relocate its main offices as the anchor tenant and lease or rent
portions to other commercial businesses such as banking institutions and insurance
companies. The site plan shows approximately twenty-nine pazking stalls, including two
ADA accessible stalls, and landscaping
In order to consider an azea 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 azeas in the
County.
The Change of Zone request from ML-20 to MCX-20 will conform to the
goals, policies and standards of the General Plan Economic and Land Use Elements.
The General Plan is intended to be used as a policy guide for the coordinated growth and
development of all sectors of the County. It sets forth goals, policies, standazds and
courses of action to accommodate growth without congestion, to designate and preserve
the lands needed for residential use, commercial and visitor services, industry, agriculture
and open space, and to coordinate these uses with the County's service and circulation
systems. The overall goals, policies and standards are set forth to physically plan the
lands in the County in the best interest of the island's residents. Land Use is one of the
principal focal points of public concern and policy. The Land Use Element provides the
primary basis for direct control and guidance of publicly and privately owned resources.
The request conforms to the goals, policies and standazds of the General Plan in
that the proposed development will be developed in an area adequately served by
necessary services such as water, utilities, sewers and transportation systems. The
proposed project also conforms to the Land Use -Industrial sub-element which states that
"Industrial development shall be located in azeas adequately served by transportation,
utilities and other amenities."
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 project area is designated Industrial
on the LUPAG Map. This industrial designation includes uses such as manufacturing
and processing, wholesaling, lazge storage and transportation facilities and light industrial
uses. The MCX zoning would be consistent with the Industrial designation on the
LUPAG Map for this area of Hilo.
The State Land Use designation for the subject property is Urban. The Hilo
Community Development Plan (CDP) adopted in 1975 suggests the retention of
residential uses in this azea. However, this azea is transitioning to commercial and light
industrial uses. The advantage of this area is its location in close proximity to water, air
transportation terminals, hazbor facilities and the residential population of Hilo. The
proposed change of zone would complement the existing industrial and commercial land
uses that already exist in this azea and will provide for an orderly development of the
area.
The property is a relatively level approximately 21,050-square foot vacant pazcel.
There is a remnant concrete foundation and steps from an abandoned single-family
2
residential dwelling which was demolished. The remaining portion of the pazcel consists
of overgrown weeds and shrubs. The land uses in the immediate area aze a mix of
commercial and industrial uses. Hilo International Airport is zoned ML-20 and located
east of the property. Commercial and/or industrial uses neazby include warehousing,
aviation related uses, and office buildings. Immediately adjacent properties are zoned
MCX-20 to the north, RS-10 to the west and RS-10 and ML-10 to the south. The
adjacent property to the north was zoned MCX-20 under Ordinance No. 03 84 effective
June 5, 2003.
All utilities and services are available to the site. Access to the project site is
proposed from Kanoelehua Avenue, a State highway with six lanes and a divided median.
Along this section of Kanoelehua Avenue, the right-of--way is 120 feet. There are curb,
gutter and sidewalk improvements along the property frontage. County water is available
to the site. The project will connect to the County sewer system. Solid waste will be
handled by commercial haulers. Electricity and telephone services are available to the
site.
The property has no severe geological or topographical problems which cannot be
rectified or which would render the land unusable. The project site is located within
Zone "X", area determined to be outside the 500-yeaz floodplain. All development
generated storm run-off shall be disposed of on-site and not allowed onto adjacent
properties or roadways.
As the property has been improved, no professional archaeological survey was
conducted of the site. On January 3, 2006, the applicant requested a letter of "no effect"
from the State DLNR-HPD. According to the applicant, there are no known rare or
endangered plant or animal species on the site. No professional flora or fauna surveys
were conducted of the property. The applicant does not believe that raze or endangered
floral or faunal resources aze on the site. The property is located in an urban setting in
close proximity to the airport and aviation related uses and was previously cleared and
used as a dwelling site.
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statues, relating to Coastal Zone Management. The property is not located in the
-3-
Special Management Area. The project site is located more than one mile from the
shoreline and will not be impacted by coastal hazard and beach erosion. There is no
record of a designated public access to the shoreline or mountain azeas that traverses the
property. No valued cultural, historical or natural resources exist on the property and
there is no evidence of any traditional and customary Native Hawaiian rights being
practiced on the site. Thus, it is not anticipated that the proposed request will have any
adverse impact on cultural or historical resources in the azea. Therefore, no action is
necessary to protect these rights.
Based on the above findings, approval of this change of zone request from
Limited Industrial -20,000 square feet (ML-20) to an Industrial-Commercial Miaed
20,000 square feet (MCX-20) zoned district would result in an appropriate land use
pattern that will further benefit the general public.
The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map),
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.
-a-
CCIarkRFZ.doc-12/12/06
CLARK REALTY
CHANGE OF ZONE APPLICATION (REZ 06-000053)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Conunitment Guidelines Policy"
within 180 days from the effective date of this ordinance.
C. Construction of the proposed development shall be completed within five (5) years
from the effective date of this ordinance. Prior to construction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing
and/or proposed structures, paved driveway access and parking stalls associated
with the proposed development. Landscaping shall also be indicated on the plans
for the purpose of mitigating any adverse noise or visual impacts to adjacent
properties in accordance with the requirements of Planning Department's Rule No.
17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawaii County Code.
D. Ingress and egress to the subject property from Kanoelehua Avenue shall meet
with the approval of the Department of Transportation. Any improvements, if
required, shall meet with the approval of the Department of Transportation.
E. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. If required, a drainage study shall be
prepared and submitted to the Department of Public Works prior to the issuance of
Final Plan Approval. Any drainage improvements, if required, shall be
constructed, meeting with the approval of the Department of Public Works prior
to the issuance of a Certificate of Occupancy.
F. The project shall connect to the existing County sewerline prior to the issuance of
a Certificate of Occupancy.
G. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
H. Should any remains of historic sites, such as rock walls, terraces, platforms, marine
shell concentrations or human burials be encountered, work in the immediate area
shall cease and the Department of Land and Natural Resources -State Historic
Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent
work shall proceed upon an azchaeological clearance from DLNR-HPD when it
finds that sufficient mitigation measures have been taken.
I. 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 towazds the requirements of the Unified Impact Fees
Ordinance.
7. The applicant shall comply with all County, State and Federal laws, rules,
regulations and requirements.
K. An initial extension of time for the performance of conditions within the ordinance
maybe 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 aze beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the Planning
Department shall submit the applicant's request to the Planning
-z-
Commission for appropriate action.
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.
-3-
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO.
ORDINANCE NO. (planning Dept)
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED
INDUSTRIAL - 20,000 SQUARE FEET (ML-20) TO INDUSTRIAL-COMMERCIAL MIXED
USE - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-2-35:47.
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 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following azea situated at Waiakea, South Hilo,
Hawaii, shall be Industrial-Commercial Mixed Use - 20,000 square feet (MCX-20):
Beginning at the Northeast comer of this lot, the Southeast comer of Lot 12,
Block 16, and on the West side of Kanoelehua Avenue, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALM", being 723.00
feet South and 11,075.00 feet East and running by azimuths measured clockwise from
True South:
1. 360° 00' 100.00 feet along the west side of
Kanoelehua Avenue;
2. 90° 00' 223.00 feet along Lot 16, Block 16;
3. 180° 00' 100.00 feet along Lot 13, Block 16;
4. 270° 00' 223.00 feet along Lot 12, Block 16 to the
point of beginning and containing an
azea of 22,300 squaze feet, more or
less.
-1-
Excepting and reserving therefrom, that certain parcel of land conveyed to the
State of Hawaii by instrument dated September 26, 1952, recorded in the Bureau
of Conveyances in Book 2636 at Page 408, containing an area of 1,250 square
feet, more or less, leaving a net area of 21,050 square feet, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made part hereof.
SECTION 2. hi accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edifion), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effecfive Date:
-2-
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~ INDUSTRUIL•20 00 SQ. fT ML•20
TOIND STRI -COMMERCIAL
MIXED• 000 Q. FT. MCX-20 Rs1o OPEN
° 21.050 $Q. FT. w.-m
RS-f0 10 RS-f0 10 OPEN
200 100 U 200 400 600 800 1
~eet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EpITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM LIMITED INDUSTRIAL-20,000 SQ. FT. (ML-20)
TOINDUSTRIAL-COMMERCIAL MIXED-20,000 SQ. FT. (MCX-20)
AT WAIAKEA, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
K: 2-2-035:047 Date: October 10, 2006
EXHIBIT "A" (dark Realty:t2is)