HomeMy WebLinkAboutCOM 0913.000 2006-2008
M(\ Of N,
Harry Kim Dixie Kaetsu
Mayor Managing Director
Barbara Kossow
~lf pj•M~+' Deputy Managing Director
County of Hawaii
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961 8211 Fax (808) 961-6553
KONA 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740
(808) 329-5226 Fax (808) 326-5663
N
December 27, 2007 Z C
N
M
N r
Honorable Pete Hoffmann, Chairman
and Members of the County Council' w
County of Hawai'i
333 Kilauea Avenue
Hilo, HI 96720
Dear Chairman Hoffmann and Members:
Change of Zone Application (REZ 07-000071)
Applicant: Dien-Jun Lin Nekoba
Request: RS-10 to CN-10
Tax Map Key: 2-2-36:25 and 26
As required by Chapter 4, Sec. 6-4.3(C), Hawai'i 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.
incerely,
Harry Kim
Mayor
Enclosures
cc: Planning Department
zo I. 217 Cmm No.
R ? 3
Ref. To.
~G
Ref. Dote OEC 31 2~
ty w~
County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai'i 96720
Phone (808) 961-8288 • Fax (808) 961-8742
December 27, 2007
Pete Hoffmann, Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Avenue, 2nd Floor
Hilo, HI 96720
Dear Chairman Hoffmann and Council Members:
Change of Zone Application (REZ 07-000071)
Applicant: Dien-Jun Lin Nekoba
Request: RS-10 to CN-10
Tax Map Key: 2-2-36:25 and 26
The Planning Commission, after a duly held public hearing on December 7, 2007, voted to
recommend for your approval the proposed legislative bill for a change of zone from a Single
Family Residential 10,000 square feet (RS-10) to Neighborhood Commercial 10,000 square feet
(CN-10) zoned district for approximately 39,771 square feet of land. The property is located
along the south side of Kekuanaoa Street, between Manono Street and Hinano Street, Waiakea
House Lots, Waiakea, South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicant requests a change of zone from Single-Family Residential 10,000
square feet (RS-10) to Neighborhood Commercial 10,000 square feet (CN-10) for office
space and related uses for a tour operation. The applicant intends to use the existing
structures to accommodate the office space, as well as to provide parking for employees.
The applicant currently maintains an off-site facility to store and maintain 15-passenger
vans related to the business. On occasion, tour vehicles may be located on the property
for pick-up and distribution of business information and schedules. Vehicles associated
with the business will be parked in established gravel areas. This request also seeks to
Hawaii County is an Equal Opportunity Provider and Employer
Pete Hoffmann, Chairman
and Members of the County Council
Page 2
mitigate the notice of violations issued to the applicant for parking of unauthorized
vehicles on the site.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from RS-10 to CN-10 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. 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 standards of the General Plan in
that the proposed development will be developed in an area adequately served by
necessary services such as water, utilities and transportation systems. The proposed
project conforms to the Commercial Development goal which states "provide commercial
developments that complement the overall pattern of transportation and land usage within
the island's regions, communities, and neighborhoods."
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 Medium
Density Urban on the LUPAG Map. The requested zoning would be consistent with the
urban designation on the LUPAG Map for this area of Hilo.
Pete Hoffmann, Chairman
and Members of the County Council
Page 3
The State Land Use designation for the subject property is Urban. The property is
unclassified by the Land Study Bureau's Productivity Rating. The Hilo Community
Development Plan (CDP), adopted in 1975, suggests residential uses in this area.
However, this area is transitioning to higher density commercial type uses. The proposed
change of zone would complement the existing commercial land uses that already exist in
this area and will provide for an orderly development of the area.
The project site consists of two contiguous parcels. Parcel 25 is approximately
19,607 square feet in size and improved with a two-story 2,555 square-foot dwelling,
shed and landscaping. Parcel 26, approximately 20,164 square feet in size, is improved
with a one-story 836-square foot dwelling, carport and landscaping. The land uses in the
area are a mix of residential and commercial uses. Immediately adjacent properties, as
well as surrounding properties, are zoned RS-10 and in single-family residential uses.
Big Island Candies is located to the northeast of the project site and zoned CG-20.
All utilities and services are available to the site. The site plan indicates two
existing entrances along Kekuanaoa Street, which is improved with curb and sidewalk
fronting the project site. Kekuanaoa Street currently has a right-of-way of approximately
50 feet, including 10-foot wide road widening setbacks fronting both parcels, recorded on
October 26, 1992 and November 10, 1992. Manono Street is approximately 60-foot wide
fronting parcel 25. Hinano Street is approximately 40-foot wide fronting parcel 26. The
Department of Public Works (DPW) recommends improvements to the entire frontage of
Hinano Street consisting of, but not limited to, pavement widening with concrete curb,
gutter and sidewalk, drainage improvements, and any required utility relocation. The
DPW further recommends that the existing hedge on the corner of Kekuanaoa Street and
Manono Street be limited to a height of three feet and a "No Left Turn" sign be installed
at each of the existing driveways along Kekuanaoa Street.
All essential utilities are available to the project site. The project will connect to
the existing County sewer system. Solid waste will be disposed of by commercial
handlers.
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-year floodplain. All 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
By letter dated March 26, 2007, the applicant has requested a "no effect" letter
from the DLNR-HPD. No professional surveys were conducted of the site due to the
history of extensive disturbance. No professional flora or fauna surveys were conducted
of the site. The applicant does not believe that rare or endangered floral or faunal
resources are on the site as the project site has been improved and is located within an
urban environment close to existing commercial uses.
The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to
Coastal Zone Management. The properties are not located in the Special Management
Area. The project site is not proximate to the shoreline and not located in the SMA.
There is no record of a designated public access to the shoreline or mountain areas that
traverses the site. According to the applicant, no valued cultural, historical or natural
resources exist on the properties 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, approval of the change of zone request from a Single-Family
Residential (RS-10) to a Neighborhood Commercial (CN-10) 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.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely
William hairman
Planning Commission
LnekobaWC
Enclosures
cc: Steven S. C. Lim, Esq.
Department of Public Works
Department of Water Supply
DOT-Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counsel
BNekohaREZAd 10/24/07
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
DIEN-JUNG LIN NEKOBA
CHANGE OF ZONE APPLICATION (REZ 07-000071)
DIEN-JUNG LIN NEKOBA has submitted an application for a Change of Zone from
Single-Family Residential 10,000 square feet (RS-10) to Neighborhood Commercial 10,000
square feet (CN-10) for approximately 39,771 square feet of land. The properties are located
south of Kekuanaoa Street, on the corner of Manono and Hmano Streets, Waiakea House Lots,
Waiakea, South Hilo, Hawaii, TMK: 2-2-36: 25 and 26.
PROPOSED DEVELOPMENT
1. Request/Project Description: Change of zone from RS-10 to CN-10 for office space
and related uses for a tour operation. The applicant intends to use the existing structures
to accommodate the office space, as well as to provide parking for employees and 8-to-10
passenger vans. The applicant currently maintains an off-site facility to store and maintain
15-passenger vans related to the business. On occasion, tour vehicles may be located on
the property for pick-up and distribution of business information and schedules. Vehicles
associated with the business will be parked in established gravel areas. This request also
seeks to mitigate the notice of violations issued to the applicant for parking of
unauthorized vehicles on the site.
(Exhibit 1- Change of Zone application)
2. Timetable: Building renovations and site improvements will commence upon approval of
this request.
3. Landowners: Dien-Jung Lin Nekoba and Tsai-Yin C. Lin.
OTHER INFORMATION
4. Proposed CN zoning:
• Height limit - 40 feet.
• Setback - front, 15 feet; side yards 8 feet.
• Landscaping - required on all front yards; side yard requires a screening hedge not
-1-
less than forty-two inches in height, within five feet of the property line, except for
necessary drives and walkways.
• Plan approval required.
STATE AND COUNTY PLANS
5. State Land Use Designation: Urban.
6. General Plan LUPAG Map: Medium Density Urban.
7. CountyZoning: RS-10.
8. Hilo Community Development Plan: The Hilo Community Development Plan adopted
by Resolution No. 1 on May 21, 1975 designates this area as RM-4.
9. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management area.
10. Special Management Area: The SMA is a part of the Coastal Zone Management
Program regulated by the County. The project site is not proximate to the shoreline and
not located in the SMA.
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
11. Subject Properties: The project site consists of two contiguous parcels. Parcel 25 is
approximately 19,607 square feet in size and improved with a two-story 2,555 square-foot
dwelling, shed and landscaping. Parcel 26, approximately 20,164 square feet in size, is
improved with a one-story 836-square foot dwelling, carport and landscaping.
12. Surrounding Zoning and Land Uses: The land uses in the area are a mix of residential
and commercial uses. Immediately adjacent properties, as well as surrounding properties,
are zoned RS-10 and in single-family residential uses. Big Island Candies is located to the
northeast of the project site and zoned CG-20.
13. 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.
14. Land Study Bureau's Productivity Rating: Unclassified.
15. Noise Impacts: Existing ambient noise includes airport/aviation use and traffic. The
applicant plans to utilize the existing structure to accommodate the proposed uses.
-2-
16. Air Quality: The proposed project will not directly impact air quality in the area.
Fugitive dust during construction can be mitigated by compliance with the regulations of
the Department of Health.
17. FIRM: Zone "X", an area outside of the 500-year flood plain.
18. Coastal Hazards: The property is not an oceanfront parcel, and will not affect, or be
affected by shoreline processes.
19. Recreational Resources: The proposed development will not reduce the size of the
coastline or other areas used for public recreational uses.
20. Scenic Resources: The project will not affect the line-of-sight towards the ocean or the
mountains.
21. Flora/Fauna: As the project site has been improved and is located within an urban
environment close to commercial, industrial and residential uses, no professional surveys
were conducted of the site. The applicant believes that there are no rare or endangered
floral or faunal resources within or proximate to the project site.
22. Archaeological/Historical Resources: No professional surveys were conducted of the
site, due to the history of extensive disturbance. By letter dated March 26, 2007, the
applicant has requested a "no effect" letter from the Department of Land and Natural
Resources Historic Preservation Division.
23. 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.
24. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the properties.
PUBLIC UTILITIES AND SERVICES
25. Access: The site plan indicates two existing entrances along Kekuanaoa Street, which is
improved with curb and sidewalk fronting the site. Kekuanaoa Street currently has a
right-of-way of approximately 50 feet, including 10-foot wide road widening setbacks
fronting both parcels, recorded on October 26, 1992 and November 10, 1992. Manono
Street is approximately 60-foot wide fronting parcel 25. Hinano Street is approximately
-3-
.
40-foot wide fronting parcel 26. The Department of Public Works (DPW) recommends
improvements to the entire frontage of Hinano Street consisting of, but not limited to,
pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and
any required utility relocation. The DPW further recommends that the existing hedge on
the comer of Kekuanaoa Street and Manono Street be limited to a height of three feet and
a "No Left Turn" sign be installed at each of the existing driveways along Kekuanaoa
Street.
26. Water: County water is available to the project area.
27. Wastewater: The project area is serviced by a County sewer system.
28. Solid Waste: Solid waste will be handled by commercial haulers.
29. Essential Utilities and Services: Electricity and telephone services are available to the
project site. County fire stations, police and emergency medical services are available to
the properties.
AGENCIES' AND ORGANIZATIONS' COMMENTS
30. Department of Public Works: Exhibit 2 - September 13, 2007 and October 12, 2007
memos
31. Department of Water Supply: Exhibit 3 - September 17, 2007 memo
32. Police Department: Exhibit 4 - August 29, 2007 memo
33. Fire Department: Exhibit 5 - August 24, 2007 memo
34. Department of Environmental Management: Exhibit 6 - August 22, 2007 memo
AGENCIES - NO COMMENTS OR OBJECTIONS
35. DLNR Land Division, Department of Health
AGENCIES - NO RESPONSE
36. DLNR Historic Preservation Division
PUBLIC COMMENTS
37. None as of this writing.
-4-
i
rn
County EnvironmentaCR.eport
Change of Zone A pCication
Ayyhcant: Dien Jung Lin Nekoba
and Tsai-yin C. Lin
lax Map Xeys (3) 2-2-036:025 and 026
Lot i-A Lot 2-A Block 27 of Waiakea House Lots,
ist Series 'Waiakea, South HiCo, Islandof Hawaii
. Hawaii County and State of Hawaii
June 2007
EXHIBIT
Change of Zone .application
Form
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Dien-Jun Lin Nekoba
APPLICANT'S SIGNATURE: See Attached Fee Owner's Authorization DATE:
ADDRESS: 610 Kekuanaoa Street, Hilo, Hawaii 96720
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 808.935.6644 (Res.) (Fax) 808.935.7975
LANDOWNER(S):
LANDOWNER SIGNATURE(S):See Attached Fee Owner's AuthorizatioiDATE:
(May be by letter)
LANDOWNER(S5 ADDRESS: 610 Kekuanaoa Street. Hilo. Hawaii 96720
REQUEST: RS-10 TO CN-10
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3)2-2-036:025 and 026
STREET ADDRESS OF PROPERTY: Parcel 25 - 610 Kekuanaoa, Hilo, Hawaii 96720
Parcel 26 - 622 Hinano Street, Hilo, Hawaii 96720
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: Parcel 25 = 19,607 sq. ft.
AGENT: SteyeS.C. Lim, Esq. Parcel 26 - 20,16 sq.ft.
ADDRESS: 121 Waianuenue Avenue, Hilo, Hawaii 96720
TELEPHONE:(Bus.) 80 .935.6644 (Res.) (Fax) 808.935.7975
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Steven S.C. Lim COPIES:
ATTACHMENT
Commercial, RM, Resort, & Industrial
I
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?
If yes, 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 form.
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? No
b. Sell or lease the land to someone who has tentative
plans? No
C. Sell or lease the land to someone who has no plans? No
d. Keep it? Yes
e. other (please state)
i
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.
The Property is intended to be used as office space and parking for a
tour business.
fi
I
4. Have you performed any study which would demonstrate a need for
your proposed building and/or development? iI
if so, please elaborate on your findings in the space provided
below.
-2-
i '
5• Have you performed any study which discusses the
environmental impacts your request would nave on the
j surrounding area and/or the County? Yes
i If so, please elaborate on your findings in the space
provided below.
The required County Environmental Report has been prepared for the
subject application. Please see the attached report for the discussion
on environmental impacts.
I
I
I
i 6. Are there any buildings on the subject area? yes
' If so, what kind?
Parcel 25 - Single-family residence and accesory structures
Parcel 26 - Single-family residence and accesory structures
What do you intend to do with those buildings if your
request is approved?
The buildings will be used as office space.
7. 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-
i
8• To your knowledge, has there been any flooding and/or
drainage problem on the subject area? N_
If so, please describe the problem.
I
1
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
i 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 No
a. Schools
b. Roads x
c. Sewer k
d. Drainage x
e. Police Protection x
f. Fire Protection x
9• Recreational Facilities x
h. Recreational Facilities x
i.
-4-
I
For those checked "yes," please elaborate what type or kinds of
improvements and/or assistance are needed.
I
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 study has been done. The prior use of the Property and
Single-family residences since 19201makes it highly unlikely
that any archaeological resources are present on the Property.
Signature: See Attached Fee Owner's Authorization Form
Address:
Telephone:
Date:
-5-
6338A/50A
P. D. 5/84
FEE OWNERS' LETTER OF AUTHORIZATION
Tax Map Keys: (3) 2-2-036:025 and 026
Waiakea Homestead Houselots
District of South Hilo, County and State of Hawaii
The undersigned are the fee owners of the real properties above-identified, and hereby
authorize Carlsmith Ball LLP, to apply for execute and process any and all County, State and
Federal governmental permit applications, and to participate in proceedings related to said real
properties.
A photostatic or facsimile copy of this executed authorization shall also be considered as
effective and valid as the original.
DIEN-JUNErLKNEI BA
TSAI-YIN C. LIN
Subscribed and sworn to before me this
(0 day of June, 2007.
)fa
Name: Katherine . Lu
Notary Public, At of Hawaii
My commission expires: 09128107
I
l
FEE OWNERS' LErrER Up AUTIK)RLZATION
Trot M:tp Keys: (3) 2.2-016:025 and 026
Waiakes Homestead HouNlou
Distti ct of South Hilo, Coumy and State of klw,an
Tbc lmdmilpwd we the he oww a of the real pet>lterties above-idend$ed, and here
authorize Carlemith Bat! 1.IB, to aPP)Y for •xttoute by
ead ptecees say MCI all County, State and
Pro(Tul B .vct=CMn1 Pwru t opplieatetms, and to pariieipate In l mxxedinp ralatcd w said real
A pho a"c or faecdmele copy olthia
executed authatiZtion shall also be eonsidtred ao
ePfbedvo and valid as the original,
,
OIL'A'-.R1NG LLN NSIKO-U
TSAR-~~r?!~. GrN .
TA AT-YIN C. LW
by and through her Aucumey_i n.pact
_ L)ieo,lung Lin Neltoba
S aeit{bod and sworn to before me dcls
day f Jltne. 2007.
amt: Kttthe 11
. Notary public ate o k waii
J My oommiccion acpir . 09/UM !
• i
PCot Plan o L Property
GRAVEL DRIVE
`SOWN OF HILO
PROJECT nd coordinates are referred tolGovernmen,t
ngulation Station "HALAI".
SITE;
-ipiled from records found at the
® ~y Office, County of Hawaii Planning
State of Hawaii Bureau of Conveyances.
F KEKUANAOA ST.
o ~ PP #17
- LO Z 0 ,
Z o 3rF 1
z X: M
WNP ~
VICINITY MAP .
NOT To ma
I Lice
Cerl
Expi
X-WALK INDICATORS 1/• 1 PIPE F 1 /2" IN 1•,813.00 S.
TF ;9,1:66.00 E.
"H ALAI"
• fOp~ I '
tK
1'0 PLUMES
J GRANT 8706 to
1/2" PIPE FD AD=30' z m KENJIRO KODAMA
~O III % 0 °
LEC. VAULT 0
PP
jZ c~ #43 0 LOT 2-A
! F- an. o O J 20,164 -SQ. FT.
O (n a o or 0:461 ACRES
W ( t.8'0 MANGO 1 3 0
`Z LLI IN GROUND IJJ ° ° TMK: 2-2-36:026
IQ TRAFFIC SIGNA + P81 ^ 3
Z BOX o
~ o ~
1,903.00 S. 0-~
=NO 9,146.00 E. (owner)
ri "HALAI" 610 Kekuoncoo St.
HED Hilo, Hi 96720
ROCK A L 1/2" PIPE FD
1/2" PIPE FD 5A~ 4. ~ & 11
WM V Y. g
(owners)
630 Hinanoo St.
Jq~4 Hilo, Hi 96720
Engineering Partners St.
455-B E. Lanikaula St. 10 GRANT 8828 `o
z
Hilo, Hi. 96720 III o 'VK:2-2-36:024 KAMETAR.O : UJIVOTO
j Job Number: 06-103 TMK:2-2-36:149
WN
WIVIV GRAVEL OF HILO r•(~
PP
17 B
'
RWM
24 'o
KFXUANAOA ST.
LICENSED
a+u PROFESSIONAL
€ * LAND SURVEYOR
® ®®f'n No. 7564
II
=NITY MAP ygWAI i, 05
• T M SCALE
THIS WORK WAS PREPARED BY
ME OR UNDER MY SUPERVISION.
6 WV (D
I ~
1 2" PIPE FD _ Lv SIGN TURE
ra WMicensed Professional Land Surveyor
1,813.00 S. W Certificate Number 7564
9,366.00 E. Expires April 30, 2008
GRANT 18746 TO "HALAI"
GRANT 8639
KINUKO SAKAMOTC F- 13,750 sq. ft.
LOT 1-A IN WALK (n o r 0.3 6 ACRES
0
19,607 SQ. FT. oo cS TMK: 2-2-36: 041
or 0.450 ACRES Zone- RS-10
o
Lv
TMK:2-2-36:025 GRANT 8706 to O
Zone:RS-10 KENJIRO KODAMA mWM z WM
Q o
o
o Z ~ O'
CD EL~y (owner)
_ o y,~ - C 610 Kekuanaoa St.
9_?~ T, (owner Hilo, Hi 96720
.Mekoio 610 Kekuanaoa St. _
(owners) Hilo, Hi 96720
610 Kekuanaoa St. p o i
Hilo, Hi 96720
d 0 1,963.00 S.
a LLi 9,631.00 E.
N /HALAI"
1" PIPF ED
~Aa"lov 9. C.O.
(owners)
801 Manono St. 51A~ A GRANT 8983
Hilo, Hi 96720 f'
(owners) TMK:2-2-36:040
LOT 3-B-1
fnX _ owner)
TMK: 2-2-36:145 ' GRANT 8828 to
I KAMETARO FUJIMOTO i coordinates are referred to Government
L 3 ulation Station "HALAI".
GRANT 8707
to iled from records found at the
IKITARO TAKAHASHI
TMK:2-2-36:149 Office, County of Hawaii Planning
State of Hawaii Bureau of Conveyances.
Metes andBounds Description
i~
i
LOT 1-A
i
All of that certain parcel of land being a portion of Lot 1, Block 27,
Grant 8746 to Kinuko Sakamoto, of Waiakea House Lots,
15` Series at Waiakea, South Hilo, Island of Hawaii, Hawaii
Beginning at the South West Corner of this parcel of land and the North West
comer of Lot 3-A-1, a portion of Lot 3, Block 27, Grant 8707 to Kitaro Takahashi and on the
East side of Manono Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI" being 1,903.00 feet South and 9,146.00 feet East, as
shown on Government Survey Registered Map No. 2566, and running by azimuth measured
clockwise by true South:
1. 180° 00' 60.00 feet along the East side of Manono Street;
Thence, along the same on a curve to the right
with a radius of 30.00 feet, the chord azimuth and
distance being;
2. 215° 00' 42.43 feet;
3. 2700 00' 190.00 feet along the South side of Kekuanaoa
Street;
4. 360° 00' 90.00 feet along Lot 2-A, Block 27, Grant 8706
to Kenjiro Kodama of Waiakea House
Lots, IS` Series;
5. 90° 00' 220.00 along Lots 3-A-I and 3-B-1 a portion of
Lot 3, Block 27, Grant 8707 to Kitaro
Takahashi of Waiakea House Lots, I'
Series to the point of beginning and
containing an area of 19,607 square feet,
P~o0 B more or less.
9
QC~ LICENSED Description Prepared By
PROFESSIONAL
LANDSURVEYOR
~r
No. 7564
Ro aldo B. Aurel o
yIq 1110. COfficate No 7564
Expires April 30, 2008
Hilo, Hawaii
March 16, 2007
Tax Map Key: Yd Div. 2-2-036:02
i
r
LOT 2-A
All of that certain parcel of land being a portion of Lot 2, Block 27,
Grant 8706 to Kenjiro Kodama, of Waiakea House Lots, I" Series
at Waiakea, South Hilo, Island of Hawaii, Hawaii
Beginning at the North West Corner of this parcel of land and the North East
corner of Lot I-A, and on the South side of Kekuanaoa Street, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALAI" being 1,813.00 feet
South and 9,366.00 feet East, as shown on Government Survey Registered Map No. 2566, and
running by azimuth measured clockwise by true South:
1. 270° 00, 205.00 feet along the South side of Kekuanaoa
Street;
Thence, along the same on a curve to the right
with a radius of 20.00 feet, the chord azimuth and
distance being;
i 2. 315° 00, 28.28 feet;
3. 360° 00, 70.00 feet along the West side of
Hinano Street;
4. 90° 00, 225.00 feet along Lot 4, Block 27, Grant 8828 to
Kametaro Fujimoto of Waiakea House
Lots, 15f Series;
f
5. 1800 00, 90.00 along Lots 1-A, being a portion of Lot 1, Block
27, Grant 8746 to Kinuko Sakamoto of Waiakea
l House Lots, I" Series to the point of beginning
and containing an area of 20,164 square feet,
more or less.
t
P~V0 B. I Description Prepared By:
Engineering Partners, Inc.
LICENSED
Q PROFESSIONAL
LAND SURVEYOR 1MUJ~-.\.
No. 7564 R aldo B. Aurelt
\h~, 5? Ce ificate No. 75 4
Expires April 30, 2008
Hilo, Hawaii
March 17, 2007
Tax Map Key: 3rd Div. 2-2-036:026
fist of Surrounding Property
Owners
LIST OF SURROUNDING PROPERTY OWNERS
300 FEET FROM TMKS :(3) 2-2-36:25 AND 26
i
DIEN-JUNG LIN NEKOBA
t
4
TMK Owner Mailing Address
2-2-034:014 Frank V. Cole P.O. Box 531
Kurtistown, Hawaii 96760
2-2-034:015 HJC Foundation P.O. Box 4395
Hilo, Hawaii 96720
1 2-2-034:016 Emiko Aihara, etal 549 Kekuanaoa Street
Hilo, Hawaii 96720
2-2-034:066 Allan K. & Irma lkawa Trust 585 Hinano Street
Hilo, Hawaii 96720
2-2-034:067 Allan K. & Irma K Ikawa Trust, etal 585 Hinano Street
Hilo, Hawaii 96720
2-2-034:080 Gospel of Alpha & Omega 667 Kekuanaoa Street
Hilo, Hawaii 96720
I
2-2-034:081 Elaine H. Wung 688 Kinoole Street, Suite 102
c/o Ala Kai Realty (K Aoki) Hilo, Hawaii 96720
2-2-034:082 Olivia Martin Trust P.O. Box 273
Kurtistown, Hawaii 96760
2-2-034:083 Tamosh LLC 319 Kinoole Street
' Hilo, Hawaii 96720
2-2-034:094 Charles K. & Etsuko Y. Martin 588 Hinano Street
' Hilo, Hawaii 96720
2-2-034:095 Bernard A. & Rita J. Soares P.O. Box 965
' Kurtistown, Hawaii 96760
2-2-034:098 George H. & Hisako Sakamoto Trust 140 Kehaulani Street
Hilo, Hawaii 96720
4818-1250-1761.1
2-2-034:107 JWC & Associates, 2 Kamehameha Avenue
c/o Day Lum Rentals Hilo, Hawaii 96720
2-2-034:107 JWC & Associates 4202 Alae Street
Honolulu, Hawaii 96816
2-2-034:109 Sitiveni & Ailine Pousima 735 B Manono Street
Hilo, Hawaii 96720
2-2-034:110 Dan H. & Patricia S. Straight Trust 594-B Hinano Street
Hilo, Hawaii 96720
4
2-2-034:114 Patrick H. Tani Trust 493 Makanaa Street
Hilo, Hawaii 96720
2-2-034:118 Elaine H. Wung 688 Kinoole Street, Suite 102
c/o Ala Kai Realty (K Aoki) Hilo, Hawaii 96720
2-2-034:999 Road
1
J 2-2-036:006 Jo-Nelle Tavares 827-B Mililani Street
Hilo, Hawaii 96720
2-2-036:008 Walter U C Low Trust 87 Puainako Street
Hilo, Hawaii 96720
2-2-036:009 Manfred Ehrenlechner P.O. Box 5871
Hilo, Hawaii 96720
2-2-036:010 Rong Jian Zheng 788 Manono Street
Jinling Lin Hilo, Hawaii 96720
1
2-2-036:011 Beatrice Toledo Trust 804 Manono Street
Hilo, Hawaii 96720
2-2-036:012 Yasushi & Lily K Sugahara Trust 822 Manono Street
Hilo, Hawaii 96720
2-2-036:013 Wesley & Daryl L. Smith 844-A Manono Street
Hilo, Hawaii 96720
2-2-036:013 Flora S. Smith 60 Panaewa Street
Hilo, Hawaii 96720
2-2-036:022 Sumiko Hamada, etal 1130 Wilder Avenue #1702
Honolulu, Hawaii 96822
481 &1250.1761.1
i
2-2-036:023 Ernest Takahashi 99-170 Kealakaha Drive
4 Aiea, Hawaii 96701
i 2-2-036:023 June Emiko Iki Trust 181 Waokanaka Place
! Honolulu, Hawaii 96817
2-2-036:024 Alvin P. Cabral 591 Alawacna Road
Hilo, Hawaii 96720
2-2-036:025 Tsai-Yin C Lin & Dien-Jung L Nekoba 610 Kekuanaoa Street
Hilo, Hawaii 96720
} 2-2-036:026 Dien -Jung Lin Nekoba 610 Kekuanaoa Street
Hilo, Hawaii 96720
2-2-036:027 Theresa A. Mc Crary Trust 630 Hinano Street
Jeffrey L. Joseph Trust Hilo, Hawaii 96720
_ 2-2-036:028 Santiago Cordero Family Trust 640 Hinano Street
Hilo, Hawaii 96720
2-2-036:029 Ronald Isao Hora, etal 648 Hinano Street
Hilo, Hawaii 96720
2-2-036:038 Dean M. & Colleen E Nakamura P.O. Box 5389
Hilo, Hawaii 96720
2-2-036:039 Mitsura Kazumura Trust 641 Hinano Street
i Hilo, Hawaii 96720
2-2-036:040 Raymond Matao Kaya 156 Pohakulani Street
Hilo, Hawaii 96720
2-2-036:041 Dien-Jung L. Nekoba 610 Kekuanaoa Street
Hilo, Hawaii 96720
! 2-2-036:043 Yoshiko Kaya, etal 630 Laukapu Street
Hilo, Hawaii 96720
2-2-036:044 Rebecca Ostertag 642 Laukapu Avenue
Hilo, Hawaii 96720
2-2-036:111 E K Wung Inc 4202 Alae Street
Honolulu, Hawaii 96816
4818-125M761.1
2-2-036:111 E K Wung Inc 2 Kamehameha Avenue
c/o Day Lum Rentals Hilo, Hawaii 96720
2-2-036:124 James K. & Doreen M. Namahoe 656 Kekuanaoa Street
Hilo, Hawaii 96720
I
4 2-2-036:139 Zachary T H & Jessie L. Smith 844 Manono Street
Hilo, Hawaii 96720
2-2-036:145 Charles T. & Patricia M. Takahashi 46-153 Alaloa Street
Kaneohe, Hawaii 96744
2-2-036:149 Theresa A McCrary 630 Hinano Street
Jeffrey L. Joseph Trust Hilo, Hawaii 96720
2-2-036:153 Kam Tong & Mei Sim Lee Trust 53 W Lanikaula Street
Hilo, Hawaii 96720
i 2-2-036:999 Road
i
1
I
I
1
4818-1250.1761.1
R.eaCProperty lax Clearance
fetter
i
i
I
Harry Kim William Takaba
Mayor • • Finance Director
4
County of Hawari
DEPARTMENT OF FINANCE - REAL PROPERTY TAX
Aupuni Center • 101 Pauahi St, Ste 4 • Hilo, Hawaii 967204224 • Fax (808) 961-8415
Appraisers(808)961-8354 • Clerical (808) 961-8201 • Collections (808) 961-8282
REAL PROPERTY TAX CLEARANCE
(rev. 07/99)
March 29, 2007
TMK: (3) 2-2-036-025-0000 (Dien-Jung L Nekoba & Tsai-Yin C Lin)
2-2-036-026-0000 (Dien-Jung Lin Nekoba)
This is to certify that real property taxes due to the County of Hawaii are paid through
June 30, 2007 on the parcels referenced above.
Reference:
B
Toni Ann iano, Tax Clerk
Collections
REAL PROPERTY TAX DIVISION
County of Hawaii is an equal opportunity provider and employer.
Page 1 of
HAWAII COUNTY
REAL 3PR13PERTY
TAX OFFICE
220360250000
610 KEKUANAOA STREET LIN TSAI-YIN C
Residential t of 1
Property Class
Building Card 1
Story Height 2
Exterior Wall Type FIR/PINE
Framing WOOD/SINGLE WALL
Roof Design HIP
Roof Structure WOOD
i Roof Material CORRUGATED IRON
Style RANCH
Total Rooms 10
Occupancy SINGLE-FAMILY
Full Baths 3
Half Baths
Attic
Bedrooms 5
Foundation CONCRETE
Floor Construction WOOD JOIST
Flooring CARPET
Interior Wall Structure SINGLE WALL
_ Interior Wall Material WOOD
Interior Ceiling PINE
Year Built 1925
Eff. Year Built 1985
4 Building Class 112
Shape IRREGULAR
Grade ECONOMY-
Percent Complete
First Floor Luting Area 1935,
Total Living Area 2555
I
Additions
Lower FLooi 1 st Floor Area 3rd Floor 2nd Floor
1935
820 2ND STY FRAME
- PCH UNC SHD RF 99
PCH UNC SHD RF 71
Data Last Modified : 3/23/2007
DISCLAIMER
This site was designed to provide quick and easy access to real property
tax assessment records and maps for properties located In the County of
Hawai'i and related general Information about real property tax procedures.
Usted.Laformallm.. _notlnc t" all of the information about every
l property located in this County. Information and answers to the most
commonly asked questions from members of the general public hays, been
provided. The Information on this site Is subject to daily changes; time
permitting, we normally refresh the data on this site on a weekly basis. All
of the information listed on this site was prepared exclusively for tax
assessment purposes. Users must understand that the property Information
and descriptions may change at any time. Persons using this date should
NOT-fely upon this information In formulating important decisions that
aff act their financial future nor- sh-QuAthiainformatign-he-poagidef 8
legaLdocum-entation_. No warxaaties.saRCaas~d_Q~imalLed. are-tttavi-d~tQr
the data_harein.lta_ltse or its interpretslti~_SltilizatiQa.QLth4saa[4i> ~ility
indicate"mderstanding_and~C~ps;ba4~otihis statem@nt by thg~.seL
Thank you.
ttp://www.hawaiipropertytax.com/Datalets.asp?gsp=residentialall_hawaii&nmu=PSearch&subnmu=Res... 3/26/2007
Page 1 of
HAWAII COUNTY
PROPERTY
REAL TAX OFFICE
220360260000
f 622 HINANO STREET NEKOBA DIEN-JUNG LIN
Residential 1 of 1
i Property Class
1 Building Card 1
Story Height 1
f Exterior Wall Type FIRIFINE
' Framing WOOD/SINGLE WALL
Roof Design GABLE
Roof Structure WOOD
Roof Material CORRUGATED IRON
Style RANCH
Total Rooms 6
Occupancy SINGLE-FAMILY
Full Baths 1
Hall Baths
Attic
Bedrooms 4
Foundation CONCRETE
Floor Construction WOOD JOIST
Flooring CARPET
Interior Wall Structure SINGLE WALL
Interior Wall Material WOOD
Interior Ceiling PINE
Year Built 1920
Elf. Year Built 1953
Building Class 112
Shape RECTANGULAR
Grade ECONOMY
Percent Complete
First Floor Living Area 636
Total Living Area 836
Additions
Lower FLoor 1st Floor Area 31d Floor 2nd Floor
836
PCH UNC SHD AF 66
Data Last Modified . 3123/2007
DISCLAIMER
i This site was designed to provide quick and easy access to real property
tax assessment records and maps for properties located in the County of
Hawai'i and related general information about real property tax procedures.
1 Listed W-QnvJ_at14Rd4es not indud.e all of the information about every
property located In this County. Information and answers to the most
commonly asked questions from members of the general public have been
provided. The Information on this site is subject to daily changes; time
permitting, we normally refresh the data on this site on a weekly basis. All
of the information listed on this site was prepared exclusively for tax
assessment purposes. Users must understand that the property information
and descriptions may change at any time. Persons using this data should
NQ.T rely upon this information in formulating important decisions that
affect their financial future nQ(_sh9.41.d..this lRfor natlop ba_&Q.Ilsidered.as
legal documentation. No warranties expmessed or Implied are p ovlded for
the data herein. Its use or Its Interpretation. Utilization QJ the search facility
indleates understanding and acceptance of this statement by the user,
Thank you.
:tp://www.hawaiipropertytax.com/Datalets.asp?gsp=residentialalLbawaii&mnu=PSearch&submnu=Res... 3/26/2007
Request of "jVo Effect"
Letter to State D.C,AM Historic Preservation Division
~
~ CARLSMITH BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
121 WAIANUENUE AVENUE
P.O. Box 686
{ HILO, HAWAII 96721-0686
I j TELEPHONE808.935.6644 FAx808.935.7975
W W W.CARLSMrrH.COM
SLIMY CARLSMITH.COM OUR REFERENCE NO.:
058504-01
March 26, 2007
f
Ms. Melanie A. Chinen, Administrator
1 State Historic Preservation Division
601 Kamokila Blvd. #555
Kapolei, Hawaii 96707
Re: Request for 'No Effect" determination for a Change of Zone Application
Applicant: Dien-Jung Lin Nekoba
Tax Map Keys: (3) 2-2-036:025 and 026 at Waiakea House Lots, 1st Series
Waikea. South Hilo. Island of Hawaii. County and State of Hawaii
Dear Ms. Chinen:
On behalf of Dien-Jung Lin Nekoba, the ("Applicant") we are requesting a "No Effect"
determination letter for the above-mentioned parcel. The Applicant will be submitting a Change
of Zone application from Residential to General Commercial to allow for office space and
parking associated with a tour business. The Property is comprised of two lots located in Hilo at
610 Kekuanaoa Street and 622 Hinanao Street and further identified by TMK Nos. (3) 2-2-
036:025 and 026. Parcel 25 is a 19,607 square-foot parcel located at the corner of Kekuanaoa
and Manono Street with a fully developed single-family residence with accessory uses built in
1925. Parcel 26 is a 20,164 square-foot parcel located at the comer of Kekuanao and Hinanao
Street with a fully developed single-family residence with accessory uses built in 1920. (See
attached County of Hawaii Real Property Tax search.)
i
Based on our preliminary research, the Property is not listed on the Federal and State
Register of Historic Sites, nor is the Property listed in the County of Hawaii General Plan
Historical Elements. Since the Property is developed for residential uses with existing single-
family residences, there are no observable traditional and customary native Hawaiian practices
being exercised on the Property. In addition, no valued cultural, historical or natural resources
were found or being practiced on the Property and thus those rights will not be affected or
impaired by the proposed use.
HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES
Ms. Melanie A. Chinen, Administrator
March 26, 2007
Page 2
Based on the foregoing, we believe that a determination of "no historic properties
affected" is appropriate for the proposed project. Should you have any questions regarding this
matter, please do not hesitate to call our office at 935-6644. Thank you for your assistance in
this matter.
Respectfully submitted,
I
I
Steven S. m
SSL/slkl
Attachment
cc: D. Nekoba
J 4818-9816-8321.1.060447-00001
County Environmental Report
Application for Change of Zone
Lot 1-A, Lot 2-A Block 27 of Waiakea House Lots, 1st Series
Waiakea, South Hilo, Island of Hawaii, Hawaii
County and State of Hawaii
Tax Map Key Nos: (3)2-2-036:025 and (3)2-2-36:026
Prepared for:
Dien-Jung Lin Nekoba
Prepared by:
Steven S.C. Lim
Carlsmith Ball LLP
121 Waianuenue Avenue
Hilo, Hawaii 96720
Telephone 808.935.6644
June 2007
L
TABLE OF CONTENTS
Page
1. PROJECT DESCRIPTION 2
1.1 Summary of Request 2
1.2 Ownership ...................................................................................2
1.3 Property location AND DESCRIPTION 2
1.4 Surrounding Property and Uses 3
1.5 PROJECT OBJECTIVE 3
1.6 Development Timetable 4
2. REGULATORY CONSIDERATIONS 5
2.1 Existing Land Use Designations 5
2.2 CONFORMANCE WITH LAND USE DESIGNATIONS 5
2.2.1 State Land Use - Urban 5
2.2.2 County General Plan - Medium Density Urban 5
2.2.3 County Zoning - RS-10 to CG-10 5
2.2.4 Special Management Area - Outside in SMA 5
2.2.5 Hilo Community Development Plan 6
3. ENVIRONMENTAL CHARACTERISTICS, SETTING, IMPACTS AND
MITIGATION MEASURES OF THE PROPOSED ACTIONS 7
3.1 Physical Environment 7
3. 1.1 Description of Property 7
3.1.2 Site Topography 7
3.1.3 Climate 7
3.2 SOILS 7
3.3 Flora and Fauna 8
3.4 Natural Hazards 8
3.5 Air and Noise Quality 9
3.6 WATER AND COASTAL RESOURCES 9
3.7 SCENIC AND VISUAL CONSIDERATION 10
3.8 Cultural, Historic and Archaeological Resources 10
3.8.1 Ka Pa'akai O Ka'aina Issues 10
3.8.2 Historic and Archaeological Sites 11
-i-
TABLE OF CONTENTS
(continued)
Page
4. INFRASTRUCTURE CONSIDERATION 12
4.1 Roads and Traffic 12
4.2 Utilities 12
4.3 Water 12
4.4 Solid Waste 12
4.5 Wastewater 12
4.6 Government Services 12
5. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 14
5.1 Relationship Between Local Short-Term Uses of the
Environment and the Maintenance and Enhancement of
Long-Term Productivity 14
5.2 Irreversible and Irretrievable Commitment of Resources 14
5.3 Mitigative Measures 14
5.4 Alternative to the Proposed Project 14
5.4.1 No Action Alternative 15
5.4.2 Alternative Use 15
5.4.3 Evaluation of Alternatives 15
6. REGULATORY ANALYSIS 16
6.1 General Plan LUPAG Map 16
6.2 General Plan Polices 16
7. DISCUSSION AND CONCLUSION 18
7.1 Zoning .......................................................................................18
7.2 Hawaii State Plan 18
7.3 Hawaii Coastal Zone Management Program 19
-ll-
i
TABLE OF CONTENTS
(continued)
Page
EXHIBIT LIST
1. State of Hawaii Bureau of Conveyances Doc No. 95-115630
2. State of Hawaii Bureau of Conveyances Doc No. 2005-250079
3. Regional Context/Project Location Map
4. Tax Map Key
5-8. Photographs of Surrounding Business
9-12. Photographs of Property and Existing Infrastructure
13. May 9, 2006 Notice of Violation and Order (ZCV-06-047E)
14. June 16, 2006 Plan Approval
15. July 12, 2006 - Completion of Corrective Action
16. July 25, 2006 - Applicants response
17. August 24, 2006 - Completion of Corrective Action
18. State Land Use Map
19. County of Hawaii General Plan (LUPAG) Map)
20. County of Hawaii Zoning Map
21. County of Hawaii Flood Insurance Rate Map (FIRM)
4824-5987-6609.1.060447-00001
-111-
Section 1
1. PROJECT DESCRIPTION
1.1 SUMMARY OF REQUEST
Dien-Jung Lin Nekoba and Tsai-Yin C. Lin, (hereinafter collectively
referred to as the "Applicant") is seeking a Change of Zone from
Residential 10,000 square-feet (RS-10) to Neighborhood Commercial
10,000 square-feet (CN-10) to allow for the operation of office space for a
tour business operations (known as Green Travel and Tours, Inc.) and
related uses allowed in the Neighborhood Commercial district,
hereinafter referred to as the "Project." The Applicant intends to use the
existing structures and properties to accommodate office space related to
the tour business operations, including employee vehicle parking, 8 to 10
passenger vans and other related uses permitted in the Neighborhood
Commercial District. This request is also associated with the Applicants
intension to mitigate any Notice of Violations associated with the parking
of vehicles associated with the Project and to prevent any future
violations. A more detailed history of the Project is further discussed in
Section 1.5 of this report.
1.2 OWNERSHIP
Applicant, Dien-Jung Lin Nekoba and Tsai-Yin C. Lin took title of Parcel
25 by Deed dated September 8, 1995, recorded at the Bureau of
Conveyances of the State of Hawaii as Document No. 95-115630,
attached as Exhibit 1 and further identified as TMK:(3)2-2-036:25, and
Dien-Jung Lin Nekoba took title of Parcel 26 by Successor Trustee's
Limited Warrant Deed dated December 7, 2005, recorded at the Bureau
of Conveyances of the State of Hawaii as Document No. 2005-250079,
attached as Exhibit 2 and further identified as TMK:(3)2-2-036:26,
hereinafter collectively referred to as "Property."
Pursuant to Sub No. 6261-f, approved by the Planning Department on
March 24, 1993, Lot lA was created from Parcel 8, being the Kekuanoa-
Manono traffic signalization improvements.
1.3 PROPERTY LOCATION AND DESCRIPTION
The Property is located in the Waiakea House Lots area in the town of
Hilo. The Property is more particularly identified by Tax Map Key Nos:
(3) 2-2-036:025 and 026, and further identified by a site address of 610
Kekuanaoa Street and 622 Hinano Street, Hilo, respectively. Parcel 25 is
a 19,607 square-foot rectangular-shaped corner parcel of land located on
the south side of Kekuanaoa Street and Manono Street intersection.
Parcel 26 is a 20,164 square-foot rectangular-shaped corner parcel of
land located on the south side of Kekuanaoa Street and Hinano Street
2
intersection. A Regional Context/Project Location Map and Tax Map Key
of the Property are shown as Exhibits 3 and 4, respectively.
1.4 SURROUNDING PROPERTY AND USES
The surrounding land uses in this area are a mixture of moderately
dense residential and commercial uses.
Located within a 0.5 mile radius from the subject Property are various
zoning designations which include General Commercial (CG), Single-
Family Residential (RS), Neighborhood Commercial (CN), Double-Family
Residential (RD), Resort (V), Limited Industrial (ML) and Industrial-
Commercial Mixed (MCQ. A number of businesses are housed in these
various zoning districts which include Big Island Candies, a
confectionary retail establishment, Waiakea Villas, a condominium/office
- space establishment for the County of Hawaii Department of Water
Supply, State of Hawaii Family Court and many other business with
lodging and time share units, IEG Federal Credit Union, Hilo Shopping
Center and Island Chevrolet. Photographs of these businesses are
attached hereto as Exhibits 5-8.
The requested zoning is consistent with the evolving mixture of
commercial and residential land use patterns in the area as evidenced by
Exhibit 5-8 and along Kekuanoa Street. In addition, the Property is
already outfitted with curb, gutters and sidewalks with a traffic signal
located at Kekuanaoa and Manono Street. Photographs of the Property,
the existing structures, sidewalk and intersection are shown in Exhibits
9-12.
1.5 PROJECT OBJECTIVE
The Applicant intends to use the existing structures and Property to
accommodate office space, employee vehicle parking and 8 to 10
passenger vans related to the tour business operations known as "Green
Travel and Tours, Inc." The Project offers the advantage to being
adjacent to existing infrastructure and supportive roadways. This
request also supports corrective action necessary for the Applicant's
Green Travel and Tours, Inc. and the zoning request is consistent with all
elements and permitted use of this Property. The Applicant currently
maintains an off-site establishment at Silva Street as a base-yard facility
to store and maintain 15-passanger tour vehicles. On occasion, tour
vehicles may be located on-site to allow for pick-up and distribution of
business information and schedules. In addition, the Applicant will park
vehicles associated with the business in established gravel areas located
on the Property and depicted on the Plot Plan submitted with this
3
Application and to the extent necessary may modify these designated
parking areas.
On May 9, 2006, the Planning Department issued a Notice of Violation
and Order ZCV-06-047E (NOV) for the operation of a "Retail
Establishment" (tour business and beyond) within a Single-Family
Residential district and a Notice of Violation and Order ZCV06-047Eb for
the utilizing a portion of the subject property as a "Commercial parking
lot." Both NOV's are attached hereto as Exhibits 13a and 13b,
respectively.
On June 16, 2006, an application for Plan Approval was submitted and
deemed incomplete in that the proposed use of the parking of vehicles
associated with Green Travel and Tours, Inc. is not a permitted use
within the Commercial Downtown Hilo "CDH" zoned districts. The
Applicant relocated the operation to 357 Waianuenue Avenue. A copy of
the June 16, 2006 letter is attached hereto as Exhibit 14.
- On July 12, 2006, the Planning Department issued a letter of Completion
of Corrective Action and Closing of Zoning Code Violation/Complaint File
under NOV's ZCV 06-047E and 06-047Eb that the "office" for the "tour
business" is a permited use in the CDH district. The same letter further
alerted the Applicant that parking of vehicles associated with Green
Travel and Tours, Inc. is not a permitted use within the CDH district. A
copy of the July 12, 2006 letter is attached hereto as Exhibit 15.
The Applicant by letter dated July 25, 2006 informed the Planning
Department by letter dated July 12, 2006 that its parking of tour
vehicles was relcoated to 131 Silva Street. Included with the July 25,
2006 letter, the Applicant completed a Home Occupation Declaration.
The Planning Department issued a Completion of Corrective Action dated
August 24, 2006 and closed the file on the matter for the subject
Property. A copy of the August 24, 2006 letter is attached hereto as
Exhibit 17.
Assuming this request from RS-10 to CN-10 is approved, it would
mitigate and future violations associated with parking of vehicles for the
Project.
1.6 DEVELOPMENT TIMETABLE
The Applicant intends to use the existing structure located on the
Property and open yard area as part of the Project. The Applicant
intends to make building renovations and site improvements to the
extent necessary and required to begin operations upon approval of this
application.
4
Section 2
2. REGULATORY CONSIDERATIONS
2.1 EXISTING LAND USE DESIGNATIONS
State Land Use Urban District
Hawaii County General Plan Medium Density Urban
Hawaii County Zoning Residential 10,000 sq. ft. (RS-10)
to
Neighborhood Comm. 10,000 sq. ft. (CN-10)
Special Management Area Outside SMA area
2.2 CONFORMANCE WITH LAND USE DESIGNATIONS
2.2.1 State Land Use -Urban
The subject property is designated Urban. The proposed change of
zone from RS-10 to CN-10 is consistent with the Urban District
designation and therefore a State Land Use Boundary Amendment
is not needed. A State Land Use Map is attached hereto as Exhibit
18.
2.2.2 County General Plan - Medium Density Urban
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the site as Medium Density Urban. The
Medium Density Urban designation allow for general commercial
and related functions. The proposed change of zone from RS-10 to
CN-10 is consistent with the LUPAG map attached hereto as
Exhibit 19.
2.2.3 County Zoning - RS-10 to CN-10
The County zoning of the requested area is RS-10. Assuming the
requested Change of Zone to CN-10 is approved, all related land
use and development codes such as Plan Approval, parking,
landscaping, fire, ADA and the like would be adhered to by the
Applicant. A County Zoning Map is attached hereto as Exhibit 20.
2.2.4 Special Management Area -Outside in SMA
The site is not located within the County Special Management
Area. No SMA Use Permit is required.
5
2.2.5 Hilo Community Development Plan
The Hilo Community Development Plan (Plan), was adopted by the
Planning Commission in 1975 and designated the area as RM-4,
Multi-Family 4,000 sq. ft. The Plan was intended to further define
the General Plan and provide some short and middle range
implementation strategies of the General Plan. This Plan was
adopted more than 30 years ago, and the General Plan has been
revised three times since.
I During this 30 year period, there has been significant land use
development in the City of Hilo, such as the shopping area in and
around the Puainako/Kanoelehua Intersection, expanded
{ commercial uses near the education complexes, and expanded
commerical/industrial uses along the southern portion of the
Waiakea House lots area. These developments render many of the
{ land use concepts expressed in the CDP somewhat obsolete.
1
1
1
1
1
i
I
I
l
` 6
I
I
I
I
I
Section 3
l
i
3. ENVIRONMENTAL CHARACTERISTICS, SETTING, IMPACTS AND
MITIGATION MEASURES OF THE PROPOSED ACTIONS
3.1 PHYSICAL ENVIRONMENT
3.1.1 Description of Property
The Property consists of two contiguous sites. The first site, TMK:
(3)2-2-36:025 is a 19,607 square foot rectangular shaped parcel
located on the corner of Kekuanaoa and Manono Street. Existing
improvements include a two-story 2,555 square-foot wood
dwelling, shed and mature landscaping. The second site,
TMK:(3)2-2-036:026 is a 20,164 square foot rectangular shaped
parcel lcoated on the corner of Kekuanaoa and Hinano Street.
Existing improvements include a one-story 836 square-foot
dwelling and carport, with more moderate landscaping.
I Photographs of the existing structures and roadway fronting the
Property are shown in Exhibits 9-12.
3.1.2 Site Topography
The slopes on the Property generally range below five-percent and
I the elevation of the Property is approximately 30-feet above mean
sea level.
3.1.3 Climate
Located on the wetter windward side of the island, the average
annual rainfall is about 130" annually, with the majority of rain
falling during the winter months. Relative humidity is generally
stable and the mean annual temperature is about 72 degrees to 75
degrees Fahrenheit.
Impacts and Mitigations: None. The proposed action will not alter
I the microclimate of the region.
3.2 SOILS
The U.S. Department of Agriculture Soil Conservation Service (now
known as the Natural Resource Conservation Service) Land Study
Bureau Overall Master Productivity Rating designates this site Keaukaha
1 Series (rKFD), which is extremely rocky muck, well drained, then organic
soils overlying pahoehoe lava bedrock. Runoff is slow, permeability is
{ rapid and the erosion hazard slight.
7
The University of Hawaii Land Study Bureau Overall Master Productivity
Rating map does not classify this site and immediate surrounding areas
due to the significant existing developed land areas.
` Similarly, the Property is located within an established urban area and
J not classified under the Agriculture Lands of Importance to the State of
Hawaii (ALISH) classification system.
Impacts and Mitigations: None. This site is not recognized as being
agriculturally important.
3.3 FLORA AND FAUNA
1 Flora: The Property has been in a residential use for more than 40 years.
Plant species found on the Property and within the surrounding vicinity
are introduced landscaping. The long-term residential use and
established urban qualities which occur within the Project area make it
poorly suited as habitat for any listed or candidate for endangered
species.
Impacts and Mitigations: None. Flora species found on the Property are
not rare or endangered.
l Fauna: Fauna observed within the Property and vicinity include the
Japanese White-Eye, Yellow-Billed Cardinal, Zebra Dove, Common Myna,
House Sparrow, and House Finch. Domestic mammals such as cats and
dogs and other animals like mongoose and feral cats are common to the
area. These species are highly mobile and will have little trouble
{ relocating to other areas. None of the species are rare or endangered and
I due to the surrounding established urban qualities it is very unlikely
that the site would serve as a habitat for rare or endangered animal
species.
I Impacts and Mitigations: None. Fauna species found on the Property
I are not rare or endangered.
3.4 NATURAL HAZARDS
Volcanic. Earthquake and Tsunami Hazards: According to the United
States Geological Survey maps, the Property is located within Lava Flow
Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of
Hilo falls in the Zone 3 category. The Building Code designates the entire
island of Hawaii Earthquake Zone 3 and contains certain structural
requirements to address the relative seismic hazard. The Property is
located on the outer edge of the County of Hawaii Civil Defense Agency's
Tsunami Evacuation Zone and 0.3 miles in either a south or west
direction would be outside the evacuation zone. Nonetheless, the
l 8
Applicant will adhere to any County of State procedures during an event
of this type.
Flood and Coastal Hazards: 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 the 500-year
flood plain and therefore are not shown on Flood Insurance Rate Maps
4 on file with the County Department of Public Works. A FIRM Map is
attached hereto as Exhibit 21.
Impacts and Mitigation: The Building Code requirements mitigate
potential earthquake hazards. The Applicant will adhere to any County
and State requirements related to tsunami and coastal evacuations and
the Property is not located within any flood zone.
3.5 AIR AND NOISE QUALITY
Air Quality: Generally, air quality is affected by regional and local
climates, together with the amount and type of human activity in a given
location. No large, stationery sources of air pollutants and no major
industries that would contribute to air pollution are located within the
Project. Air quality in the Project vicinity is most affected by emissions
from natural and vehicular sources.
Impacts and Mitigation: Although the Project would slightly increase
traffic in the area, it is not expected to generate significant levels of air
pollutants as only discernible air quality would be associated with traffic
to and from the Property. Given the present roadway conditions along
` the Project and its significant use, these types of ambient air quality
I currently exist and will be dispersed by prevailing winds.
Noise Quality: Currently, background ambient noises exist within the
vicinity of the Project area. Noise levels are primarily influenced by
traffic on Kekuanaoa and Manono Streets which serve as major
h thoroughfares in this area and the Property is located along Kekuanaoa
Street where traffic noise is present. In addition, the Property is located
near the Hilo International Airport and is subject to noise associated with
the air traffic.
Impacts and Mitigation: Given the existing ambient noise and existing
urban environment the proposed request would not have significant
noise impact to the surrounding properties.
3.6 WATER AND COASTAL RESOURCES
The Property is located more then one mile from the coastline. Coastal
impacts resulting from discharge or drainage systems from the site
9
{ should not be significant. As a non-coastal property, no coastal access is
required or will be affected.
The Property is currently serviced by the County of Hawaii sewer system
` and the Applicant will maintain connection to this system.
3.7 SCENIC AND VISUAL CONSIDERATION
In the Natural Beauty element of the General Plan, there are sites or
areas listed as scenic resources. The Property is not listed as a scenic
I site. The Property location provides for views of Mauna Kea in the
mauka direction and the current structure is located toward the
southeastern (Puna) end of the Property and does not significantly
impact the mauka views of Mauna Kea. The Property currently has
mature landscaping and the Applicant intends to maintain a natural
appearance of the surrounding vegetation.
3.8 CULTURAL, HISTORIC AND ARCHAEOLOGICAL RESOURCES
3.8.1 Ka Pa'akai O Ka'aina Issues
Based on the findings of the historical record of the Property, the
Applicant presents the following statements in response with the
requirements of the Hawaii State Supreme Court's criteria in the
Ka Pa'akai O Ka'aina case.
i
(a) The 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: 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. Since the
Property is fully developed with the existing single-family
residences, there are no observable traditional and customary
native Hawaiian practices being exercised on the Property.
(b) The extent to which those resources - including 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 site, these rights will not be
affected or impaired by the proposed use.
10
(c) The feasible action, if any, to be taken by the Planning
Commission to reasonably protect native Hawaiian rights if they
are found to exist.
i Discussion: There is no feasible action to be taken by the
Planning Commission other than to require that if in the future,
any valued cultural, historical, natural resources and/or
i traditional and customary native Hawaiian rights are discovered in
the Project site, the Applicant will report the discovery to the State
of Hawaii, Department of Land and Natural Resources, Historic
Preservation Division for review.
3.8.2 Historic and Archaeological Sites
I Most historic sites of South Hilo have been destroyed by
agriculture, urban growth, and natural changes in land forms.
The Project area 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.
Impacts and Mitigation: None. The Property is not among those
listed as historic properties in the Hawaii Sate Register of Historic
Places and any surface or subsurface archaeological remains are
1 unlikely. Nonetheless, during the course of improving the site,
should any unanticipated archaeological features or sites be
uncovered, work will cease and the Applicant will immediately
notify the Planning Department.
I
I
I
I
~ 11
i
1
Section 4
i
4. INFRASTRUCTURE CONSIDERATION
1 4.1 ROAD AND TRAFFIC
The Property has two access points at Kekuanaoa Street. Kekuanaoa
Street is a two-lane County 40-foot right-of-way that serves as one of
many mauka-makai roads in the Hilo area.
The Applicant has two proposed entrance for the Property along
Kekuanaoa Street which is currently outfitted with curb, gutter, and
sidewalk section fronting the Property along with a left only lane along
Kekuanaoa Street that ends at Hinano.
I
4.2 UTILITIES
i
Utilities such as telephone and electrical services are currently available
to the Property.
4.3 WATER
Water currently services the Property.
4.4 SOLID WASTE
I
I Commercial haulers would handle any solid waste generated by the
Project. The haulers will dispose of the refuse at the County landfill in
Hilo or any future appropriate sites designated by the Department of
Environmental Management.
4.5 WASTEWATER
I
The Project area is serviced by a County sewer system. The Applicant
I intends to maintain connection to this system.
i
f 4.6 GOVERNMENT SERVICES
f All of the required police, fire and related services are available for the
Property. The County of Hawaii Police Station is located approximately
five miles mauka of the Property at Kapiolani Street and the County of
Hawaii Central Fire Station is located approximately six miles mauka the
Property along Ponahawai Street. Both emergency fire and paramedical
I service are available from this location. The Hilo Medical Center is
I located approximately eight miles mauka from the Property.
12
The proposed Project it is not anticipated to have any significant adverse
impacts to schools, parks and other related facilities. Within a five mile
radius of the Property, there are a number of both private and public
elementary, middle and high schools and adequate park facilities in the
area.
Based on these surrounding facilities it is anticipated that there will be
no extension of government services and the existing facilities should be
sufficient to accommodate the demand, if any, from the Project.
ICI
13
i
1
I Section 5
I
5. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
5.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE
ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT
OF LONG-TERM PRODUCTIVITY
The short-term use of the Property would probably be the same as the
current use as residential and open space. The use of the site will
transition into commercial use upon approval of this application.
This Project should not result in any significantly adverse short or long-
term impacts that cannot be properly mitigated. There will be direct and
indirect economic benefits resulting from the implementation of this
Project. The Project will generate increased tax revenues that can
supplement the State and County's fiscal resources.
Because of its location, this Project will provide a service that can be
made reasonably accessible relatively quickly to the immediate area.
5.2 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF
RESOURCES
Due to the existing use of the Property and its current use, the
commitment of natural or other resources (such as botanical and
avifaunal) would appear to be insignificant. Other irreversible and
irretrievable commitment of resources has already been institutionalized
through County, State and Federal regulations, codes, laws and
ordinances.
5.3 MITIGATIVE MEASURES
As noted in Section 4.6, the Applicant has the advantage of being
adjacent to existing infrastructure and supportive public facilities. The
Applicant plans minimal site changes and intends to use the existing
structure. This measure will insure minimal adverse impacts to traffic,
environmental concerns and surrounding properties. The current
structure and its landscaping are consistent with the surrounding
properties and the visual nature of the Hilo area.
If any inadvertent archaeological discoveries are made during any phase
of this Project, the Planning Department will be notified and appropriate
mitigation will be taken before work is resumed.
5.4 ALTERNATIVE TO THE PROPOSED PROJECT
An exploration and evaluation of the environmental impacts of all
reasonable alternative actions, particularly those that might enhance
14
environmental quality, avoid or reduce adverse environmental impacts,
costs and risks, was performed in order to assess option that might
enhance environmental quality and cause fewer detrimental effects. A
discussion of these alternatives follows:
5.4.1 No Action Alternative
The "no action" alternative will result in no physical change to the
Property. The land will remain unaltered. This alternative will not
allow the objectives of the regional plan to be achieved and would
deny the public the soci-economic benefits associated with the
Project. Under the "no action" alternative no sources of income will
be brought to the owner and consequently no increase in
{ government revenues from higher property taxes will be realized.
5.4.2 Alternative Use
The current zoning for the property is Residential 10,000 square
feet (RS-10). The Project, based on its location, size and proximity
to other commercial areas and has been outfitted with curb,
gutters and sidewalks is better suited for long-term commercial
use.
Another alternative would be to utilize this site for a denser
residential project. While that would still be consistent with the
General Plan LUPAG's map Medium Density designation, it would
not achieve the Applicant's proposed plans for the Property.
5.4.3 Evaluation of Alternatives
Leaving the Property in its current state would not allow the
i Applicant to realize increase income. There would also be
diminished tax revenues. In addition, leaving the Property in its
current state would not allow the Applicant to cure the Notice of
Violations issued by the Planning Department.
This request is consistent with the State Land Use designation and
the County General Plan LUPAG Map.
Il
15
i
II
I
Section 6
i
,
i
6. REGULATORY ANALYSIS
I 6.1 GENERAL PLAN LUPAG MAP
The General Plan provides for the long-range comprehensive development
of the Island of Hawaii. It provides direction for balanced growth in the
County.
` The LUPAG map designates the site Medium Density, a designation that
allows the requested CN-10 zoning. Accordingly, this request would be
consistent with the LUPAG Map.
6.2 GENERAL PLAN POLICES
The requested zoning would be consistent with the goals, policies and
standards of the Economic and Land Use Elements of the General Plan.
Specifically, the more pertinent ones follow:
Economic Element
Goals
* Provide residents with opportunities to improve their quality of life.
* Economic development and improvement shall be in balance with
the physical and social environments of the Island of Hawaii.
* The County of Hawaii shall strive for diversity and stability in its
economic system.
* The County shall provide an economic environment which allows
new, expanded, or improved economic opportunities that are
compatible with the County's natural and social environment.
Policies
* The County shall strive for an economic climate which provides its
residents an opportunity for choice of occupation.
* The County shall strive for diversification of its economy by
strengthening existing industries and attracting new endeavors.
` Land Use Element (Commercial)
Goals
* Provide for commercial developments that maximize convenience to
it users.
16
* Provide commercial developments that complement the overall
pattern of transportation and land usage within the island's
regions, communities, and neighborhoods.
Policies
* Commercial facilities shall be developed in areas adequately served
by necessary services, such as water, utilities, sewers, and
transportation systems. Should such services not be available, the
development of more intensive uses should be in concert with a
! localized program of public and private capital improvements to
meet the expected increased needs.
* Distribution of commercial areas shall be such as to best meet the
demands of neighborhood, community and regional needs.
* The development of commercial facilities should be designed to fit
into the locale with minimum intrusion while providing the desired
services. Appropriate infrastructure and design controls shall be
incorporated into the review of such development.
Standards
* Commercial development shall be located in areas adequately
served by transportation, utilities, and amenities. Commercial
developments shall provide for adequate internal circulation
amongst commercial facilities in the area.
* Off-street parking and loading facilities shall be provided.
* Commercial development shall maintain or improve the quality of
the present environment through the consideration of visual,
access, landscaping, and other design elements in their
development.
i
* Preference shall be given to commercial lands with a reasonably
level topography.
17
I
I
Section 7
i
f
7. DISCUSSION AND CONCLUSION
I If approved, the Project would provide additional commercial
opportunities in the Hilo area. Its location is ideal to service the
community and is adjacent to ongoing commercial uses.
All required infrastructure is in place and would require minimal
modification. If development of infrastructure is required, it would be
provided by the applicant without taxing government's servicing ability.
The site has limited on-site developmental constraints. The subject site
l has defined boundaries on all four sides of the parcel. Due to its current
residential use, archaeological, floral, or faunal concerns should be
minimal or non-existent.
Although there may be a potential for some endemic birds to visit this
area, the development of this site would not remove a critical habitat and
due to its current residential use alternative areas would be more
suitable for any habitats.
{ Furthermore, if there are inadvertent archaeological features found on
the site, work will stop and the State DLNR and County Planning
Department will be consulted before further activities occur within the
affected area.
7.1 ZONING
Assuming this request is approved, the site would be use for commercial
use. If required, all structures and improvements would be developed
consistent with the Zoning and Building Code. No variance from the
Code is anticipated.
7.2 HAWAII STATE PLAN
Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and
policies of the Hawaii State Plan. The Plan is intended to serve as a guide
for the growth and future long-range development of the State.
Pursuant to the Plan, a discussion of the pertinent policies and goals and
the project's relationship follows:
Goals
* A strong, viable economy characterized by stability, diversity, and
growth that enables the fulfillment of the needs and expectations of
Hawaii's present and future generation;
18
i * A desired physical environment characterized by beauty,
cleanliness, quiet, stable and natural systems, and uniqueness
that enhances the mental and physical well-being of the people
* Physical, social and economic well-being for individuals and
families that nourishes a sense of community responsibility and
caring of participation in family life.
Discussion
The proposed Project would achieve these goals and would provide both
direct and indirect employment opportunities for current and future
residents of the island; contribute to the island's overall tax base thereby
I increasing both State and County revenues; and complementing and
supporting other economic uses and in turn, contributing to the stability,
diversity, and growth of local and regional economies.
4 This employment opportunity would come without adversely affecting the
environment. There is no known wildlife or plant life listed as either
' endangered or threatened on the subject site. Due to its current use the
` likelihood of fording archaeological features on the site is remote.
Impacts to the surrounding areas would be insignificant. All required
infrastructure is in place including traffic improvements, wastewater and
potable water system. Any required improvements will be undertaken by
the applicant at no cost to tax payers.
Furthermore, the retention of the landscape existing on the Property
would be maintained.
7.3 HAWAII COASTAL ZONE MANAGEMENT PROGRAM
The objectives of the Hawaii Coastal Zone Management (CZM) Program
are outlined in Chapter 205A, Hawaii Revised Statutes. The principal
goal is to assure the protection and maintenance of the State's coastal
resources. Although the entire State falls within the CZM area, the
permitting process is geared for those areas proximate to the coast and
identified by the County as the Special Management Area. Nonetheless,
a general review of a project's consistency to the CZM policies -
regardless of its location - must still be made.
` In that regard, please note the following:
* As discussed in Sections 3, 4 and 5 of this report, the proposed
Project will not have any substantial adverse environmental or
ecological effect.
19
* The proposed project would be consistent with the objectives of the
CZM program, specifically:
I
- There would be no impact to the area's recreational resources.
This is not a shoreline property;
i
- Because of its historical agricultural use, the project site should
not have any remaining historical resources. As discussed in
` Section 3.8.1 and 3.8.2 of this report no archaeological features
are present and any findings would be appropriately mitigated;
- The Project will not affect any scenic and open space resources;
- The coastal ecosystem will not be impacted;
ti
- There will be more employment opportunities, and furthering the
economic use of the site;
- The site is more than a mile from the shoreline and there would
be no coastal hazard or beach erosion or marine resource impacts.
i - Public participation will be achieved through the hearings on this
request.
M * The proposed development is consistent with the State Land Use,
County General Plan and other appropriate regulatory tools, such
as the Zoning Code.
I
I
I
20
I
i
i Exhibits
t
f
I
i
i y
1 ~
R-211
STATE OF HAWAII
BUREAU OF CONVEYANCES
RECORDED
SEP 09, 1995 08:01 AN
I
DOC NO(s) 95-115630
i /$/CARL T. WATANABEI
ACTING
REGISTRAR OF CONVEYANCES
f CONVEYANCE TAX: $155.00
f
REGULAR SYSTEM
e, Return by Mail ( ) Pickup ( ) To= ~/J
MS. DIEN-JUNG LIN NEKOBA ETAL TG: 370332 J
550 Iwalani Street TGE: 953020700
Hilo, Hawaii 96720 Debra N. Tomono
TITLE OF DOCUMENT:
DEED,
PARTIES TO DOCUMENT:
Grantor: Elizabeth Fumiko Easley, widow;
Grantees: Tsai-Yin Cheng Lin, widow, and Dien-Jung Lin
j Nekoba, whose husband's name is Rodney Mass
JI Nekoba, both Of whose address is S50 Iwalani
Street, Hilo, Hawaii 96720.
I' Affects: TMK (3rd) 2-2-036: 025
J
~ ~k\tana~m.n~ma.y y
uga,.c li. 1995
I~
Exhibit 1
J
DEED
i
KNOW ALL MEN BY THESE PRESENTS:
That ELIZABETH FUMIKO EASLEY, widow, whose address is 1406
West Green Street, Champaign, Illinois 61821, hereinafter called
the Grantor, for and in consideration of the sum of TEN DOLLARS
($10.00) and other valuable consideration to her in hand paid by
TSAI-YIN CHENG LIN, widow, and DIEN-JUNG LIN NEKOBA, whose
7 husband's name is Rodney Mass Nekoba, both of whose address is
550 Iwalani Street, Hilo, Hawaii 96720, hereinafter called the
I + Grantees, the receipt whereof is hereby acknowledged, has sold
j and by these presents does hereby bargain, sell, assign, convey
[ and transfer unto the said Grantees, as joint tenants with right
I~ of survivorship, all of the property described in Exhibit A
attached hereto and by reference made a part hereof.
TOGETHER, with all and singular the improvements, tenements,
rights, easements, privileges, hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, and the
reversion and reversions, remainder and remainders, rents, issues
i
and profits thereof.
TO HAVE AND TO HOLD the same unto the said Grantees, as
joint tenants, to the survivor of them, and to such survivor's
heirs and assigns, forever.
And the said Grantor does hereby covenant to and with the
2
1
1
said Grantees, their heirs and assigns, that she is seized in fee
of the said granted premises; that she has good right and lawful
I~ authority to sell and convey the same; that the same is free and
clear of encumbrance of every kind and character; and that she
will and her heirs and assigns shall WARRANT and DEFEND the title
I~
thereto against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto executed
I
these presents on this 2- day of _ - 199 .
` E I2ABETH FUMIKO EASLF
t
{
i
i
Y
i
I~
]k~l.ne
I..e, it's r
.uqu.c c 3
s
P
nom,
1 , .
j ,
ll
1 STATE OF ILLINOIS )
COUNTY OF d#A PWIPA0 tj ) 9S,
On this aa*` day of Lls.~4a199 S, before me
personally appeared ELIZABETH F IKO EASLEY, to me known to be
I; the persona described in and who executed the foregoing
' instrument, and acknowledged that she executed the same as her
free act and deed.
~.a . Notar blic, In and for the
I~ County of CHAMpR14FN
My commission expires: /G l99P
1
II
II
111111 i
i
I~
S
5 jk\1wM\CeaO\ewwley
Auguwt 16. 1995 9
I,
it
EXHIBIT A
I
All of that certain parcel of land (being all of
i the land(s) described in and covered by Land Patent Grant Number
8746 to Kinuko Sakamoto) situate, lying and being at Waiakea,
South Hilo, Island and County of Hawaii, State of Hawaii, being
LOT 1, BLOCK 27 of the "WAIAKEA HOUSE LOTS, 1ST SERIES", and thus
bounded and described:
Beginning at a galvanized iron spike and ahu at
the southwest corner of this lot and the northwest corner of
Lot 3, and on the east side of Manono Avenue, the coordinates
of said point of beginning referred to Government Survey Trig.
Station 'Halal",, being 1903.0 feet south and 9141.0 feet east,
as shown on Government Survey Registered Map No. 2566, and
running by true azimuths:
1. iao° 00, 100.0 feet along the east side
of Manono Avenue to a
galvanized iron spike
and ahu;
2. 270° 00, 225.0 feet along the south side
of Kekuanaoa Avenue to a
' galvanized iron spike and
ahu;
j 3. 360° 00, 100.0 feet along Lot 2 to a
11 galvanized iron spike and
ahu;
4. 900 00, 225.0 feet along Lot 3 to the
point of beginning and
containing an area of
22,500 square feet, more
or 14ss.
Save and except that parcel of land conveyed to
i~ the County of Hawaii by Deed dated October 14, 1992, recorded
as Document No. 92-173166, as per survey of Ronald M.
Matsumura, Licensed Professional Land Surveyor, dated February
8, 1991, being more particularly described as follows:
jIWqud. d\
ss 3ay
f
i
I.•
I
PARCEL 8
y Being a portion of Lot 1, Block 27,
(Grant 8746 to Kinuko Sakamoto)
i Waiakea House Lots, 1st Series,
Waiakea, South Hilo, Island of Hawaii, Hawaii
II Beginning at the southeast corner of this parcel
of land and the southwest corner of Lot i-A, the coordinates of
said point of beginning referred to Government Survey
Triangulation Station "HALAI" being 1,903.00 feet south and
91146.00 feet east and running by azimuths measured clockwise
- from true South:
1. 900 00, 5.00 feet along Grant 8707 to
Kitaro Takahashi (Parel
9);
2. 180° 00' 100.00 feet along Manono street;
3. 2700 00' 225.00 feet along Kekuanaoa
Street;
4. 3600 00, 10.00 feet along Grant 8706 to
Kenjiro Rodama (Parcel
7);
- S. 900 00, 190.00 feet along the remainder
of Grant 8746 to Kinuko
Sakamoto (Lot 1-A);
Thence along same on a
curve to the left with a
I radius of 30.00 feet, the
chord azimuth and
distance being:
6. 45° 00' 42.43 feet;
7. 360° 00, 60.00 feet along the remainder
of Grant 8746 to Kinuko
(Lot I-A) to
pointoof b
eginning andthe
containing an area of
2,893 square feet, more
!I or less.
Jkqu~C SI. 1f>S 2
fr
BEING THE PREMISES DESCRIBED IN DEED
~ GRANTOR ELIZABETH PUMIKO EASLEY, whose husband's name
is John A. Easley, Jr.
GRANTEE JOHN A. EASLEY, JR. and ELIZABETH FUMIKO
EASLEY, husband and wife, as Tenants by the
Entirety
DATED July 10, 1975
RECORDED Liber 10781 Page 179
iI
M f
I
i j
I
Ii
a
if:, i•od,a..a~.•A•Y 3
AYgY•C 16, ifff
i
( AnRVYFG N 70 fGfSY
A rye'
I
1
4K
R411 STATE OF HAWAII
BUREAU FCONVEYANCES
DEC 07, 20D5 08:01 AM
Doc No(s) 2003.250079
w
Ist IS CARL T. WATANABE
~ `f Yp(( tl~l 1 REGISTRAR OF CONVEYANCES
CT8x(15):i712.50
20 111 23
i
AFTER RECORDATION, RETURN BY: MAIL PICK UP ( )
Ms. Dien-Jung Lin Nekoba TG: 200547905-A
610 Kekuanaoa Street TGE: A53022299
Hilo, H196720 Winona I. Hai-Kelly
TOTAL PAGES: 7
TITLE OF DOCUMENT:
SUCCESSOR TRUSTEE'S LIMITED WARRANTY DEED
PARTIES TO DOCUMENT:
GRANTOR: Judy Sumera, Successor Trustee under the Tokumi Kodama
Revocable Living Trust Agreement dated September 27, 1993,
150 Kupaa Street, Hilo, Hawaii 96720
GRANTEE: Dlen-Jung Lin Nekoba, unmarried, as tenant in severalty, 610
Kekuanaoa Street, Hilo, Hawaii 96720
PROPERTY DESCRIPTION:
Lot 2-A, Block 27, area 20,164 LIBERIPAGE:
square feet, Waiakea House Lots, DOCUMENT NO.: 93-166582
Waiakea, District of South Hilo, TRANSFER CERTIFICATE
Island and County of Hawaii, OF TITLE NO.:
State of Hawaii
TMK: (3) 2-2-036-026
Exhibit 2
SUCCESSOR TRUSTEE'S LIMITED WARRANTY DEED
i
KNOW ALL MEN BY THESE PRESENTS:
That JUDY SUMERA, Successor Trustee under the Tokuml Kodama
Revocable Living Trust Agreement dated September 27, 1993, with full powers to
sell, mortgage, lease or otherwise deal with the land, whose residence and mailing
address is 150 Kupaa Street, Hilo, Hawaii 96720, hereinafter called the
"GRANTOR", for and in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable consideration to the Grantor paid by First American
Exchange Company, LLC, a Delaware limited liability company, in connection with
an exchange by the Grantee under Section 1031 of the Internal Revenue Code,
I+
does hereby grant, bargain, sell and convey unto DIEN-JUNG LIN NEKOBA,
unmarried, whose residence and mailing address is 610 Kekuanaoa Street, Hilo,
Hawaii 96720, hereinafter called the "GRANTEE", all of that certain real property
k
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 appertaining or held and enjoyed in connection therewith.
TO HAVE AND TO HOLD the same unto the said Grantee, as
tenant in severalty, her assigns, and her heirs, devisees, personal representatives
2
i
and assigns, in fee simple forever.
i
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 made or suffered by said
Successor Trustee, except as aforesaid. 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 of all persons claiming by, through or
under said Successor Trustee, except as aforesaid.
AND Grantee is acquiring the property described in Exhibit A as
Grantee's Replacement Property in connection with an exchange under Section
1031 of the Internal Revenue Code, by direct conveyance pursuant to an
Exchange Agreement with said First American Exchange Company, LLC.
AND Grantee acknowledges that the property is being sold in was Is"
i
condition as provided in that certain DROA between the parties with a reference
date of August B. 2005, and Counter Offer with a reference date of August 8,
2005, the terms of which are incorporated herein.
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 singular or plural number, individuals, associations,
trustees, or corporations, and their and each of their respective successors in
3
t
Interest, heirs, executors, personal representatives, administrators, and permitted
assigns, according to the context thereof, and that if these presents shall be
signed by two or more grantors, all covenants of such parties shall be and for all
purposes deemed to be joint and several.
IN WITNESS WHEREOF the Grantor and Grantee have hereunto
set their hands on this Xf4l) day of fl CG/1g,E~- 2DOf.
1
JUDYSUUMLwRA, Successor Trustee under the
Tokumi Kodama Revocable Living Trust
Agreement dated September 27, 1993
GRANTOR
i~
DIEN-JUNG LIN NEKOBA
I'
GRANTEE
l~
Approved as to Form
RAYMOND K. HASE AWA
Attorney at Law
1 4
I
i
- y
j•.
1
1
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this day of Lle.Cr o
1
before me personally appeared JUDY SUMERA, Successor Trustee under the
Tokumi Kodama Revocable Living Trust Agreement dated September 27, 1993, to
me known to be the person described in and who executed the foregoing
instrument, and acknowledged to me that she executed the same as her free act
and deed as said Successor Trustee.
,,acumuurnnin,~
+ is ETA ~~~(p~[..~- `~-~O~IJ• --t
i
` tt~ r Print Name:
` Notary Public, State of Hawaii
q"rirnq 91 mAV,\\\\\\
V) My Commission expires: WINONA I. HAI-KELLY
Expimtion Date: December 28, 2007
li 5
1
i
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
=cd~ , ~yS
On this a" day of
i
before me personally appeared DIEN-JUNG LIN NEKOBA, to me known to be the
i
person described in and who executed the foregoing instrument, and acknowl-
1 edged to me that she executed the same as her free act and deed.
• ;~umuuuu,nurii
h P!, HA/
.
OTA'4~~1r 0 Cf'xic.i c r
Print Name:
"'~j r'ol'H\AS\\~.
aP Notary Public, State of Hawaii
My Commission expires: WINONA 1. HAI-KELLY
Expir3tion Date: December 28, 2007
(1
6
I
All of that certain parcel of land (being all of the land(s) described in and covered
by Land Patent Grant Number 8706 issued to Kenjiro Kodama) situate, lying and
being at Waiakea, District of South Hilo, Island and County of Hawaii, State of
Hawaii, being LOT 2-A, BLOCK 27, of the "WAIAKEA HOUSE LOTS" bearing Tax
Key designation (3) 2-2-036-026, and containing an area of 20,164 square feet,
more or less.
I
BEING THE PREMISES ACQUIRED BY DEED
GRANTOR: TOKUMI KODAMA, unmarried
GRANTEE: TOKUMI KODAMA, Trustee under the Tokumi Kodama
Revocable Living Trust Agreement, dated September
27, 1993, with full powers to sell, mortgage, lease
i or otherwise deal with the land
DATED: September 27, 1993
RECORDED: Document No. 93-166582
II
I
u~
u
I
t
7
EXHIBIT A
1
1.?
1
~ nj I 5 ' Petkl ` a a r !L
1 ( r
I }Y 1 /1 L r
e i Y r c ~qM .e 'Ip _ t
s
x PWaM St Piitant St f j
a
Hu2ten7 St ~}fuMaM 8t
1
ja
tion i
OL
te,uanaoa 81 akuanaos
s
1
Leaeru SI leitanf St 17 LeNeni St~.
a ;
l- - -71
_
E LarnWtuld SI - E lankauta Sf _ 1 LanikaMa Si
I a' t
. - • ~ _ _ ~100~t~"Map tlata'C20071OFFQTM . Terms 01 Use
t
l
Exhibit 3
Regional Context Map
I
a LI
I~ z C
-
C
sb .l'70>g
I
~ , • ~ R vRn.v`nr ~ -fir ~n r.rJNrRi ~ L n
lo,
yc u =
' l ~11~!1. r;1 •4.~
I~ as r a s n
2 r ~ E ~ • id ro e
-Wit
s9 , V> ' d ^ ~ 5 j Y
•GOO O O~'~ s 71 J i h~~
f i ~I 1 N x{°
1 ~ • ~ r z x a3
~ 1 ~n.v~inr~ X31 i~ a~I~ ` ~714m! ip,e" e? 3 0~ ~°t I
Y } 1 a >s s
1 4 ra a I!!: ~1 i! If
t ric.. x II SI '31 ~F FR ~ r.L:Trvx+w °J n _ r a•
v [ r ..d. ,..1 Y1j IR c ,J, s ~'.y>,~ o g r8 s +rr >e z H
o =c s ro 1 i°f•}t U Z s w 2 r° C w
$
Ila
`x~ ~ l o¢~ r¢ i w O. °Y~ O FD 1 ed,Y ip.E t~~.
f { r>ooils y`!t 1 4 ue a Y
AA • Y A /t E ° fly :?T,.~®1 - ><ii ~ ~51• ~'e
yyy YOY ny JX ~°a ' Yx`
a. = d
I i e k~jp0 tZ' Sx
°I WI Oil A
.1
Ctl RII ;I
III
Lr s
sit
i
Exhibit 4
- Tax Map Key
C f i f y x
pill ON** kl-
low
4W--
-
r
~ T
r,
Al~
l ratms
ah,e
Exhibit 6
Surrounding Businesses
1J Manono on. Mart; 2) IEG Credit Union
M1 4,
~ V y
t ~ ~ .xw ~t~, 1 AKA".~S4~P I .,'t?~..
~ A ~
.j M,,
i`i 4 Y
Na
~~K
5 ~ .l~
h
~ - - ~ ~ k^} r
~ K
ay ~ F yy~~ jjj
b:.
e k
a..,.
- - X',
iF
tn~ ' x
~ ally
f~&
~ t
W Fx
• • _ - -
~
i
r
F
Exhibit 8
Surrounding Businesses
1) Island Chevrolet; 2) Hilo Shopping Center
,i
Exhibit 9
Existing- Property
Infrastructure
t..
:f.,. ~1.
e. ~c
_ \Y
Ait
` j
~ ~ ~ v
~ ~ °`Sl. ~si~ T.SSf a~S,~
..a w
3
tr.
~
Yr
_ ~ d Y
!~n+
./1 a.
Y
{ rT
~ ~
~ '
~v~ .yf'. """qw„£ ~r,ryrr .y, ~i"ixx
f..
w A
y:.
~ i\ F
' ~ •n`.ry
T
+
F~ a4 - ` ~e,, ~ ~ p ~
4 t"~~"
:
~.~--y_,,..."..ate"
• ~
Exhibit 11
Existing Property
Infrastructure
K
~1ir~;,
n _ .
:n~
. ~ ,r . ~ _
~ ~
a a-
_ _
.
- w , ,
(~nTHNp]31l14~1. V 'iFPoR
u'"`.
} ~
a
~ __(~~LL~~~~~ ~ ~ ~~~i.
~ ~ Y ~~~W/n ~ ~
~ V ~ y~ ~
~ 'r KEKUANAOA `~.w,
r
~w~~~sY
~,.e,
k
a p _ '~C~
rr
TI RiTiil~, ~l~
~ 'n
l- J.'~-
.
_ _ J.
•
~
LO
N
O
N
N
a
o
o
GT. F
T
N
4f} T
T
T
T T
T
~y
.n W
c J
N
yy T
y'/ Vrlf1cM• . V Vf
T +r T T ? T
T T T T W 'Z
fn
Q LL
C K
UL~
cr)
~t o U
N ~
N T N U
T T N U
a
m D
t~ n
Cr} O
O
m
T O~
~LL
N
L'i
N
m O U
N z~
T a x
Ea
N
Q L'
22
35
A
41
11
11
d 66 B $
11 11
Legend Options
A MAIN, 836, B PCH UNC SHD RF,66,
Floor Plan
TMK: (3)2-2-036:26
~(YM
Harry Kim - Christopher J. Yuen
Mayor Director
•'•+i ;;+'a Brad Kurokawa, ASLA
LEED®AP
(901ttttg of ~Wvaii Deputy Director
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808) 961-8288 • FAX (808) 961-8742
CERTIFIED MAIL
70051160 0003 0423 4578
r
May 9, 2006
f
Tsai-Yin C. Lin and Dien-Jung L. Nekoba
610 Kekuanaoa Street
Hilo, HI 96720
Dear Tsai-Yin Lin and Dien-Jung Nekoba:
SUBJECT: Notice of Violation and Order (ZCV 06-047E)
Operation of a Retail Establishment and a Baseyard in a Single
Family Residential District
Tax May Key: 2-2-036: 025, Waiakea House Lots, Hilo, Hawaii
We have received a complaint that you are operating of a "Retail Establishment" (Tour
Business and Baseyard for "Green Travel & Tours, Inc.") within a Single-Family
Residential district, which is prohibited. Our zoning inspector has driven pass the subject
property on numerous occasions and has observed the above-mentioned activities on the
property. Further investigation has revealed the following:
1. The property is situated within the State Land Use Urban district
and the County's Single-Family Residential (RS-10) zoned district.
2. The property is located at 610 Kekuanaoa Street. This is in Waiakea
House Lots, Hilo, Hawaii. The Tax Map Key is 2-2-036: 025 and the lot
size is 19,607 square feet. The listed owners of the properties are Tsai-Yin
C. Lin and Dien-Jung L. Nekoba.
Exhibit 13A
May 9, 2006 Letter
my 1 2 M
Tsai-Yin C. Lin and Dien-Jung L. Nekoba
Page 2
May 9, 2006
3. According to Section 25-1-5(b)(93) (Definitions) of Chapter 25 (Zoning
Code), Hawaii County Code, "Retail establishment" means an
establishment which sells commodities or goods to the consumer and may
include display rooms and incidental manufacturing of goods for retail
sale on premises only. Typical retail establishments include convenience
stores, grocery and specialty food stores, general department stores, drug
and pharmaceutical stores, hardware stores, pet shops, appliance and
apparel stores, tour, travel and ticket agencies and other similar retail
activities. The term does not include open storage yards for new or used
building materials, yards for scrap, salvage operations for storage or
display of automobile parts, service stations, repair garages or veterinary
j clinics and hospitals.
4. According to Section 25-4-4 (Uses Prohibited) of Chapter 25 (Zoning
Code), Hawaii County Code, any use not listed among the permitted uses
in a zoning district is a prohibited use within that district, except as
otherwise provided in this chapter. Section 25-5-3 (Permitted Uses within
RS Districts) does not list `retail establishment' as a permitted use.
5. Verification was made by our zoning inspector that the subject property
is being used as a tour business and baseyard for "Green Travel and
Tours, Inc." On several occasions tour buses were also seen parked on
TMK 2-2-036: 026. This is a separate violation and will be addressed in
a separate violation letter. Further, our inspector has found "Green
Travel and Tours" listed in the telephone directory at 610 Kekuanaoa
Street, and under "Trav el" in the "Yellow Pages."
Based on all of the above, the Planning Director finds you in violation of Section
25-4-4 of Chapter 25 of the Hawaii County Code and subject to enforcement action
pursuant to Section 25-2-35 of Chapter 25 of the Hawaii County Code.
Pursuant to Section 25-2-35(c) of the Hawaii County Code, you are hereby ordered to
completed corrective action, at your own expense, and cease and desist the operation of a
Retail Establishment (Tour Business and Baseyard for "Green Travel and Tours, Inc.")
by June 19, 2006.
Corrective action consists of
1) Cease and desist operation of a Retail Establishment (Tour Business and
Baseyard for "Green Travel and Tours, Inc.") on the above listed property;
and/or
certified M,111 PruNFdos:. -
Aunin.._
Tsai-Yin C. Lin and Dien-Jung L. Nekoba
Page 3
May 9, 2006
2) Move the retail business known as "Green Travel and Tour, Inc." to a
Resort-Hotel (V), Neighborhood Commercial (CN), General Commercial
(CG), Village Commercial (CV), Industrial-Commercial Mixed (MCX)
zoned district.
Upon completion of corrective action, you are responsible for contacting Zoning
Inspector Robert Usagawa by telephone and in writing to the Planning Director to verify
the completion of corrective action.
If corrective action has not been completed by June 19, 2006, a fine of $100 per day will
be assessed until corrective action is completed. Further, in accordance with the
Department's Rules of Practice and Procedure, the daily fines will be increased quarterly
per the daily fine schedule, until the violation is corrected.
This Order shall become final thirty (30) days after receipt of the Order. On or before the
final date, any person(s) subject to this Order may appeal the Order. This means that
before the Order becomes final, you must either correct the violation or appeal the Order.
The appeal must be received within thirty (30) calendar days from the date of receipt of
the Order. An appeal to the Board of Appeals shall stay the provisions of the director's
order pending the final decision of the Board of Appeals. The appeal must be made in
accordance with the Board of Appeals Rules and Procedures or it may result in the
dismissal of the appeal. Contact the Planning Department for a Board of Appeals General
Petition Form.
Address the Appeal to: Board of Appeals
101 Pauahi Street, Room 3
Hilo, HI 96720
Pursuant to Section 25-2-35(i) of Chapter 25 of the Hawaii County Code, fines assessed
under this Section shall constitute a lien upon the subject property upon filing of said lien
with the Bureau of Conveyances.
This matter may be referred to the Office of Corporation Counsel for civil remedy and/or
the Prosecuting Attorneys Office for criminal prosecution.
Please be advised that in the future, if you violate Chapter 25 in the same manner as
stated above, the violation will be considered as recurring and will be subject to an
immediate fine, up to a maximum of $500 per violation. In addition, a daily fine may be
imposed.
Tsai-Yin C. Lin and Dien-Jung L. Nekoba
Page 4
May 9, 2006
Should you have any questions on this matter, please contact Zoning Inspector Robert
Usagawa of this office at 961-8288, extension 263.
Sincerely,
UN
CHRISTOPHER J. Planning Director
RSU:cd
p:\wpwin60nwose\enforoe06\2006-047E.doe
3
cc: Corporation Counsel
Real Property Tax Office-Hilo
Mr. Robert Usagawa, Zoning Inspector
Harry Kim - Christopher J. Yuen
Mayor Dirca or
°u:,;• t: Brad Kurokawa, ASLA
LEEM AP
Gauntg of'af aii Deputy Dimaor .
PLANNING DEPARTMENT
101 Paushi Street, Suite 3 - Hilo, Hawaii 96720-3043
(808) 961-8288 • FAX (808) 961-8742
CERTIFIED MAIL
70051160 0003 0423 4561
May 9, 2006
Dien-Jung Lin Nekoba
610 Kekuanaoa Street
Hilo, HI 96720
Dear Dien-Jung Lin Nekoba:
SUBJECT: Notice of Violation and Order (ZCV 06-047Eb)
Operation of a Commercial Parking Lot in a Single Family
Residential District
Tax Mat) Key: 2-2-036: 026, Waiakea House Lots, Hilo, Hawaii
We have received a complaint that you are utilizing a portion of the subject property as a
"Commercial parking lot" for "Green Travel and Tours, Inc." Use of a Single-Family
Residential (RS) zoned property, as a parking lot to service a commercial operation (an
accessory use to commercial) is not permitted. Our zoning inspector has driven pass the
subject property on numerous occasions and has observed the above-mentioned activities
on the property. Further investigation has revealed the following:
1. The property is situated within the State Land Use Urban district
and the County's Single-Family Residential (RS-10) zoned district.
2. The property is located at 622 Hinano Street. This is in Waiakea House
Lots, Hilo, Hawaii. The Tax Map Key is 2-2-036: 026 and the lot size is
20,164 square feet. The listed owner of the property is Dien-Jung Lin
Nekoba.
Exhibit 131
May 9r 2006 Lette
MAY 1 9 9nnc
Dien-Jung Lin Nekoba
Page 2
May 9, 2006
3. According to Section 25-1-5(b)(25) (Definitions) of Chapter 25 (Zoning
Code), Hawaii County Code, "Commercial parking lot and garage" means
any building or parking area designed or used for temporary parking of
automotive vehicles, which is not accessory to another use on the same
building site and within which no vehicles are repaired.
4. According to Section 25-4-4 (Uses Prohibited) of Chapter 25 (Zoning
Code), Hawaii County Code, any use not listed among the permitted uses
in a zoning district is a prohibited use within that district, except as
otherwise provided in this chapter.
5. According to Section 25-5-3 (Permitted Uses) of Chapter 25 (Zoning
Code), Hawaii County Code, a "parking lot" to service a commercial
operation is not a permitted use in the Single-Family Residential District.
6. Verification was made by our zoning inspector that the western half of -
the subject property is being used as a commercial parking lot for tour
buses belonging to Green Travel and Tours, Inc." and other automotive
vehicles.
Based on all of the above, the Planning Director finds you in violation of Section
25-4-4 of Chapter 25 of the Hawaii County Code and subject to enforcement action
pursuant to Section 25-2-35 of Chapter 25 of the Hawaii County Code.
Pursuant to Section 25-2-35(c) of the Hawaii County Code, you are hereby ordered to
completed corrective action, at your own expense, and cease and desist the operation of a
"Commercial parking lot" by June 19, 2006.
Corrective action consists of.
1) Cease and desist operation of a "Commercial parking lot" on the above
listed property; and/or
2) Move the "Commercial parking lot" to a Resort-Hotel (V), General
Commercial (CG), Village Commercial (CV), Industrial-Commercial
Mixed (MCX), Limited Industrial (ML), or General Industrial (MG) zoned
district.
Upon completion of corrective action, you are responsible for contacting Zoning
Inspector Robert Usagawa by telephone and in writing to the Planning Director to verify
the completion of corrective action.
Dien-Jung Lin Nekoba
Page 3
May 9, 2006
If corrective action has not been completed by June 19, 2006, a fine of $100 per day will
be assessed until corrective action is completed. Further, in accordance with the
Department's Rules of Practice and Procedure, the daily fines will be increased quarterly
per the daily fine schedule, until the violation is corrected.
This Order shall become final thirty (30) days after receipt of the Order. On or before the
final date, any person(s) subject to this Order may appeal the Order. This means that
before the Order becomes final, you must either correct the violation or appeal the Order.
The appeal must be received within thirty (30) calendar days from the date of receipt of
the Order. An appeal to the Board of Appeals shall stay the provisions of the director's
order pending the final decision of the Board of Appeals. The appeal must be made in
accordance with the Board of Appeals Rules and Procedures or it may result in the
dismissal of the appeal. Contact the Planning Department for a Board of Appeals General
Petition Form.
Address the Appeal to: Board of Appeals
101 Pauahi Street, Room 3
Hilo, HI 96720
Pursuant to Section 25-2-35(i) of Chapter 25 of the Hawaii County Code, fines assessed
under this Section shall constitute a lien upon the subject property upon filing of said lien
with the Bureau of Conveyances.
This matter may be referred to the Office of Corporation Counsel for civil remedy and/or
the Prosecuting Attorney's Office for criminal prosecution.
i
Please be advised that in the future, if you violate Chapter 25 in the same manner as
stated above, the violation will be considered as recurring and will be subject to an
immediate fine, up to a maximum of $500 per violation. In addition, a daily fine may be
imposed.
ptV ~ M~
Harry Kim ; Christopher i. Yuen
Mayor' Director
Brad Kurokawa, AsLaLEFIP'ne
Deputy Director
R•os•pjt
County of Hawaii
PLANNING DEPARTMENT
Aupuni Center • 101 Pauabi Street, Suite 3 . Hilo, Hawaii 96720
Phone (808) 961-8288 • Fax (808) 961-8742
June 16, 2006
Green Travel & Tours, Inc.
357 Waianuenue Avenue
Hilo, HI 96720
Ladies and Gentlemen:
Application for Plan Approval
Applicant: Green Travel & Tours, Inc.
Proposed Use: Office and Parking for Tour Company
TMK: 2-3-013: 030; Piihonua. South Hilo, Hawaii
Thank you for the submittal of the above-described application, but must inform you that the
Application for Plan Approval is incomplete. We also believe that the proposed use, which we
understand to be a baseyard for the storage of vehicles associated with your tour operations, is
not permitted within the Commercial Downtown Hilo (CDH) zoned district.
Such baseyard operations are permitted within the Limited Industrial (ML) and General
Industrial (MG) zoned districts, provided that Plan Approval is secured from this office prior to
the establishment of such baseyard uses.
Future submittal of an Application for Plan Approval shall include a detailed site plan reflecting
the location of all proposed buildings, uses and parking stalls associated with a proposed use.
Elevation drawings of all proposed buildings shall also be submitted. The items to be submitted
were clearly listed on the application form.
Please contact this office should you have any questions.
Sincerely,
A CHRISTOPHER V~ -
J. YUEN
Planning Director
DSA:cd
P:\WP W IN60\DSA\2006\LGreenToursPA2-3-13-30Reject.doc
xc: Zoning Inspector R. Usagawa
Hawaii County is an Equal Opportunity Provider and Employer Exhibit 14
.hrne jr, gnnti TPffPr
• 1
Nor er
Harry Kim Christopher J. Yuen
Mayor Director
Brad Kurokawa, ASLA
LEED® AP
VTaurtty of Auftttttt Depuy Director "
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808) 961-8288 • FAX (808) 961-8742
CERTIFIED MAIL
70051160 0003 0423 4073
July 12, 2006
Tsai-Yin C. Lin and Dien-Jung Lin Nekoba
610 Kekuanaoa Street
Hilo, HI 96720
Dear Tsai-Yin Lin and Dien-Jung Lin Nekoba:
Notice of Violation and Order (ZCV 06-047E and 06-047Eb)
Operation of a Commercial Parking Lot and Operation of a Retail
Establishment and a Baseyard in a Single Family Residential District
SUBJECT: Completion of Corrective Action and Closing of Zoning Code
Violation/Complaint File
Tax May Key: 2-2-036: 025 and 026, Waiakea House Lots, Hilo, Hawaii
This letter is to inform you of your completion of corrective action in the relocation of the
operation of a retail establishment (tour business and baseyard for "Green Travel &
Tours, Inc.") from the subject property zoned Single-Family Residential (RS-10).
Our inspector conducted a "drive-by" on July 6, 2006 and observed that your operations
have been relocated to 357 Waianuenue Avenue, which is located within the Commercial
Downtown Hilo District (CDH). Therefore, the above-mentioned Zoning Code
Violation/Complaint file is closed.
You may still have another problem. Our inspector, on July 6, 2006, has confirmed that
your entire tour operations have moved to 357 Waianuenue Avenue.
Exhibit 15
July 12, 2006 Letter
Hawaii County is an Equal Opportunity Provider and Emulover All I d 90116
Tsai-Yin C. Lin and Dien-Jung Lin Nekoba
Page 2
July 12, 2006
Although our zoning inspector informed you on May 15, 2006, during a visit to our
office, that your touring business was allowed in the CDH district, at 357 Waianuenue
Avenue, he was partially correct. The "office" for your "tour business" is permitted
within the CDH district. Using the property as a "baseyard for the storage of vehicles"
associated with your tour operations, is not a permitted use. You were given notice of
this "unpermitted use" in our letter dated June 16, 2006, upon submission of your
Application for Plan Approval (Proposed Use: Office and Parking for Tour Company).
As stated in our June 16, 2006 letter, in parts:
"We also believe that the proposed use, which we understand to be a baseyard for
the storage of vehicles associated with your tour operations, is not permitted
within the Commercial Downtown Hilo zoned district."
"Such baseyard operations are permitted within the Limited Industrial (ML) and
General Industrial (MG) zoned districts, provided that Plan Approval is secured
from this office prior to the establishment of such baseyard uses."
Please be advised that you must move the "baseyard for the storage of vehicles"
associated with your tour operations, from 357 Waianuenue Avenue, to a permitted zoned
district, as described above.
If you do not relocate the "baseyard for the storage of vehicles" associated with your tour
operations, from 357 Waianuenue Avenue, by August 31, 2006, we will issue you
another Notice of Violation and Order, which will carry a fine of not more than $5,000
for each offense in accordance with HRS Section 205-13 and a civil fine not to exceed
$500 in accordance with HCC Section 25-2-35(c)(3). If the violation persists, there will
be a daily fine of not more than $500 in accordance with HCC Section 25-2-35(c)(4).
Pursuant to HCC Section 25-2-35(i) fines assessed under this Section shall constitute a
lien upon the subject property upon filing of said lien with the Bureau of Conveyances.
This matter may be referred to the Office of the Corporation Counsel for civil remedy
and/or the Prosecuting Attorney's Office for criminal prosecution.
Tsai-Yin C. Lin and Dien-Jung Lin Nekoba.
Page 3
July 12, 2006
Should you have any questions on this matter, please contact Zoning Inspector Robert
Usagawa of this office at 961-8288, extension 263.
Sincerely,
CHRISTOPHEV, EN
Planning Director
RSU:cd
k\coh02\public\WPW IN60\Moose\Enfome06\200"47Ec.doc
cc: Corporation Counsel
Real Property Tax Office-Hilo
Mr. Robert Usagawa, Zoning Inspector
_ _ F +teo
c TRAVEL & TOURS, INC
,357rA. Waianpen'. Ve., Hilo, HI 96720 Tel:(808) 934-9187 Fax:(808) 933-9338
Date: July 25, 2006
To: Christopher Yuen, Planning Director, County of Hawaii Planning
Department
From: Dien-Jung Nekoba, Green Travel & Tours, Inc.
Re: Green Travel & Tours, Inc. change of base yard
We are moving our base yard from 357 Waianuenue to 131 Silva Street, TMK: 2-1-10:36.
On this general industrial (MG) zoned lot, we will be parking our vehicles off-street,
inside a warehouse bay. Parking of our buses will not use the on-site off-street parking
stalls.
At 610 Kekuanaoa Street, TMK: 2-2-36:25, we will be doing only dispatch and sending
and receiving of fax and phone booking. We will not have signage on TMK: 2-2-36:25,
and no receiving and processing of clientele on premise.
Mahalo,
Dien-Jung Nekoba
Exhibit 16
July 25, 2006 Letter
t
r
Harry Kim T Chtisliipher J. Yucn
M4vor Oimfor
Roy R- Takernotu
nepui y D r,,Y(P
County of Hawaii
PLANNING. DEPARTMENT
25 AupuW Sv Ct, Rcwm IN • Hilo Hawaii %720-4252
(808) 461-8288 * Faa (808) 461-8792
HOME OCCUPATION DECLARATION
Chapter 25 (Zoning Code) allows a HOME OCCUPATION as incidental and subordinate to the use of
a dwelling in any district in which a dwelling is located, provided:
(a) That the home occupation does not change the character and external appearance of the
dwelling.
(b) A person desiring to engage in a home occupation that involves any of the following
activities: (1) Frequent customer or client visits; (2) frequent deliveries or pickups; (3).Storage of
materials, supplies or products related to the home occupation outside of the dwelling or other fully
enclosed building; (4) Activities conducted outside of the dwelling; or (5) Group instruction; will
comply with all of the conditions:
(1) The (tome occupation shall be conducted either entirely within the dwelling or, if
outside the dwelling, the activity shall be screened from public view.
(2) No exterior signs, symbols, displays or advertisements relating to the home
occupation shall be displayed, nor shall any interior signs be visible from the public view.
(3) Any materials, supplies or products relating to the home occupation which are
stored outside of the dwelling or other fully enclosed building shall be screened from the public view.
(b) Articles sold on the premises shall be limited to those produced by the home
occupation, or to instructional materials pertinent to the home occupation, or to services provided by
the home occupation.
(S) Only one employee shall be permitted in addition to household members under the.
home occupation.
(6) A minimum of one parking space shall be provided on the building site in addition
to parking required for the dwelling use or other permitted uses if the home occupation involves
customer or client visits or meetings- The director may require additional parking spaces where the
director finds that such additional parking spaces may be reasonably necessary to avoid off-site or
inappropriate parking locations, Any resident of a multiple-fancily dwelling may fulfill the parking
requirement by the use of guest parking with the written approval of the building owner, manager or
condominium association.
(c) The following activities shall not be permitted as home occupations:
(1) Contractor storage yards, including without limitation, the storage, use, repair or
fabrication of equipment designed or intended for use in land excavation or in the construction of
buildings or other structures or other similar heavy equipment.
(2) Repair, fabrication or painting of automobiles or other motorized vehicles, except
those owned by household members and which are not sold or made available for sale within one year
of such activity regarding any particular vehicle.
(3) Care, treatment or boarding of animals in exchange for money, goods, services or
other consideration.
(4) Any activities and uses which are only permitted in industrial districts.
(Over)
«r•d sjnoj (ane,ij uaa.:h:oj :u10JA St:Sr '3t31z-S'-,f i).
z
. , I
i
pq i
loo P t
P~
F
• ~pS r; '
o LE u
ro ~
Al
L
t Pt4
A~
9 +
~ u *s i
• ~r
r~ NAP
~ k
~11L W • 4
7 ~ 'I
,4
s t fYl r' ;
17
h fill p r~1
• 4 ~y
Y •
F J •
o a
~ J
d
A 4 in
r Y
r F
f
irr?
a
Y
r'4 ••S. n',4 .rte' _ _
1411, v.
<:.irm, ran o.ii uaa.ir,- r,~i urn.i j~rr,..-r crnnc_.^c_-ir,r
z
h'
Penalty for violation is specified in CHAPTER 25 (ZONING CODE), ARTICLE 2
(ADMINISTRATION AND F,NFORCL•MENT), Division 3. Violations, Penalties, Enforcement,
Sections 25-2-30 through 25-12-36. Section 25-2-35 states in part that violation of Zoning Code could
require violator to "Pay a civil Cuic not to exceed $500 per day for each day in which the violation
persists, " "Fines assessed under this section shah constitute a lien upon the subject property, upon the
filing of .said lien with the bureau of conveyances. -
I ack(towledge that E have read the above, I will comply with all of the conditions stated, and I have
been given a copy of this signed Declaration.
Q~~ ~`r~~1~- 1J~o bay ' • \ ~ L~~-'~'
LAND OWNER'S NAME (flint) I'NESS NAME (Ptuit)
r ! ,
rte, 4-U L
LAND OWNER'S SIGNATURE WITNESS SIGNATUR~
OPERATOR O11 ME OCCUPATION T(Pue s aril c_
O
ATION (Phut)
-OPERATOR HOME OCCUPATION SIGNfT
HOMFOCCUPATION: 13iA-51P~Jess r ~~~p 2S~ [~~NIDGl 1'ANCI~ t r ~,1~5~
TMK: 2^ 7 J 6 - DATE: }
oct 61a Pe44&aNaca 94-1 f-.12.1767 -2~ C ~S-/a Z~iw~ 1
1 1 g6o7S_9
~Jts~/d ~dC~ t to
! 3 1 ~j i Vq i E.
L\ W P601EocroslNalicesU•lamc~xc2.nnl
-wn,ij ,-IT
r s.inni .ancJI uaa.ic,•n'
~tra
uw
Harry Kim Christopher J. Yuen
Mayor Director
Brad Kurokawa, ASLA
LEED®AP
~OurriL1 Of ~Haf tltt Deputy Director
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808) 961-8288 • FAX (808) 961-8742
August 24, 2006
Green Travel and Tours
Attn: Dien-Jung Nekoba
610 Kekuanaoa Street
Hilo, Hawaii 96720
Dear Dien-Jung Nekoba:
SUBJECT: Relocation of Tour Operations Baseyard
Completion of Corrective Action
TMK's: (3) 2-2-036:025 and 026
This is in response to your letter of July 25, 2006 informing this Department of the relocation of
the "baseyard for the storage of vehicles" portion of your tour operations to the industrial
property (TMK 2-1-010:036, MG-la zoning) located at 131 Silva Street. We also acknowledge
receipt of the completed Home Occupation Declaration for the "office" portion of the business to
be located at 610 Kekuanaoa Street (TMK 2-2-036:025, RS-10 zoning).
In our letter of July 12, 2006 you were informed of the requirement to obtain Plan Approval to
relocate the "baseyard for the storage of vehicles" portion of your operation to a property with an
industrial zoning. We find that, as presented, that requirement is hereby waived as the vehicles
will be parked wholly within an existing warehouse structure.
This letter shall serve to inform you that we are closing our file on this matter and thank you for
your cooperation.
Exhibit 17
August 24, 2006 Letter
Hawaii County is an Equal Opportunity Provider and Emnlnvor
Green Travel and Tours
Attn: Dien-Jung Nekoba
Page 2
August 24, 2006
Should you have other questions on this matter, please feel free to contact Jonathan Holmes or
Robert Usagawa of this Department.
Sincerer
t
CHRISTOPHER
Planning Director
JRH:cd
p:\wpwin60\jonathan\permitteduse\greentravelandtours.doc
1 xc Corporation Counsel
Real Property Tax Office - Hilo
Mr. Robert Usagawa, Zoning Inspector
Piflani Street
:
:
V
i
Kekuanaoa Street _ _ -
c
Proj e
avi '
O
l
i
__Le11ani Street
Exhibit 18
State Land Use Map
,pry( Q _ _ _ S
111
h~
y
n'
au Street, - -
-11 -A
p
a
'm1'" 3;6}~ ~ all r r = -
~Sn': ~y~ i fit zu - -
-
Exhibit 19
_ LUPAG Map
_ iMw street -
Kekuanaoa Street
I
r Pro ecti Location
r_
t t ~ ~ Y
n ,
I ~
j * t
_ --Leilatii Street
- Exhibit 20
County Zoning Map
m m
A
y R f ~C ~ m O ~ mmm N~ ~ C Y Q C
s Z 6 5 z~ a =Bm m
z v m n 4 m ¢ p oo
z
J z i ge d A Q,m°w'A~
.`Qj s U ' m a a F E7t~~
aC ~ W A 3
00
0 3 3 -w
X e G a 2 Rol E
O z w
a w Atm
~ z 4v d g ~ $3 Emu
< ® oLL~Au
Q
°a
"E
c n a
gEol e
mm
% W F- 1, 1
y QF" 0
6 2~ 11 II21-
~~J~ 22 ~ \I j~/ f11 IIQy
3nN~~ Y' -
3AyOyOb b I
IKANOE LEHUAJ~ _____AVENUE
F
]LILF-7-
W
NI L__-. _ 1
2 W I~ III Z-..:-= 3~'-MAKAA
IN I w X W it
O OQ
1S IV IA.
MIH I'1 Q Z 0k Q
O IN
m N zl
ti y MANONO ST
III II I, A 2
' I
l.. 'i!~`r MtIIIANJI{_$TREET-_ t - _MILILAJJL STREET _-_JI ~ I
I
'I Ok I m I ~
* II N IOLANI STREET
w b
sus a~ R6v~iy ^ Q '._,,i . _ .~.i
w
w 3
O M III1 \pr N ~ f~ci~~do'6\~.
n N L Ly
ww ~H w gyp' X,14
Q b o\ 'rms.\.
az y. yo z4 N
W> u IN
2< 0 ~ 10
w i` Exhibit 21
Zw \
2J~i 10~ OQ M 2\
ry° >r~ j r ~``\~~d> N FIRM Map
ZW y 40
~rm nEwe ~A ^ r`.
DEPARTMENT OF PUBLIC WORK
COUNTY OF HAWAII
HILO, HAWAII
DATE: September 13, 2007
TO: Christopher J. Yuen, Planning Director
FROM: sr Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000071)
Applicant: Dien-Jun Lin Nekoba
Request: RS-10 to CN-10
Tax Map Key: 2-2-36: 025 & 026
We have reviewed the subject application forwarded by your memo dated August 16, 2007 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 (DPW).
The subject parcels are 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.
The Zoning Map (Ordinance No. 187) classifies Kekuanaoa Avenue as a secondary arterial.
Currently, the right-of-way is 50' wide including road widening setbacks (ten feet wide), fronting
parcels 25 and 26, that were recorded on 10/26/92 and 11/10/92, respectively.
Manono Street is classified as a collector of 60' width fronting parcel 25. A five feet wide road
widening setback, fronting parcel 25, was recorded on 10/26/92.
Hinano Street is classified as a collector of 40' width fronting parcel 26. We recommend the
applicant provide improvements to the entire frontage along Hinano Street consisting of, but not
limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and
any required utility relocation, meeting the approval of the Department of Public Works. The
improvements shall be located within any proposed future road widening setback (and comer
radius) as established by the Planning Department and shall meet the requirements of the
Americans with Disabilities Act (ADA).
To preserve adequate vehicle sight distance at intersections, no object with a height between three
and eight feet shall be allowed within the area of a triangle formed by the property lines and a line
drawn between points on such property lines thirty feet from the intersection thereof (Hawaii County
Code - Sec. 22-2.2). Therefore, within the abovementioned triangle, the DPW will require the
existing hedge be cut to a maximum height of three feet at the corner of Kekuanaoa and Manono.
Streetlights and traffic control devices shall be installed as may be required by the Traffic Division,
Department of Public Works. The applicant shall be responsible for the design, purchase, and
installation of such devices.
Questions may be referred to Kelly Gomes of the Engineering Division at ext. 8327. 4AHIBIT
County of Hawaii is an Equal Opportunity Provider and Employer
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: October 12, 2007
TO: Christopher J. Yuen, Planning Director
`a,-
FROM: ~ Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000071)
Applicant: Dien-Jun Lin Nekoba
Request: RS-10 to CN-10
Tax Map Key: 2-2-36: 025 & 026
Based on concerns of passenger van traffic to be utilized by the tour business operation
located on the subject parcels, we provide the additional comment for your consideration.
We recommend requiring the applicant install (within private property) a "No Left Turn" sign
at each of the existing driveways along Kekuanaoa Avenue to prohibit that movement.
Questions may be referred to Kelly Gomes of the Engineering Division at ext. 8327.
)li4307
County of Hawaii is an Equal Opportunity Provider and Employer
of WATpq 8
1` G<
79 69
n~o 3p DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
yryoF BAWP~~?p 345,KEKU1ANA5"A STREET, SUITE 20 HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX(808)961-8657
September 17, 2007
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000071)
APPLICANT - DIEN-JUN LIN NEKOBA
REQUEST: RS-10 TO CN-10
TAX MAP KEY 2-2-036:025 AND 026
We have reviewed the subject application and have the following comments and conditions.
Water is available from an existing 8-inch waterline within Manono Street, an existing 6-inch
waterline within Kekuanaoa Street, and an existing 6-inch waterline within Hinano Street. Each of the
subject parcels are served through existing 5/8-inch meters, which are each 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 5/8-inch meters cannot
accommodate the estimated demand, larger or additional meters will need to be installed and
remittance of the prevailing facilities charge, which is subject to change, will be required. If the
two (2) existing 5/8-inch meters can accommodate the estimated demand, then the applicant may
continue to utilize the existing meters.
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 larger
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 b
the Department before commencement of water service. FH~BIT
/
Water brings progreae...
The Department of Water Supply 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 TDO)
Mr. Christopher J. Yuen, Planning Director
Page 2
September 17, 2007
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.
Sincerely yours,
Cl ~
Milton D. Pavao, P.E.
Manager
FM:dfg
copy - Mr. Steven S. C. Lim, Carlsmith Ball LLP
• 4oJNtYOF ryq~q'
Lawrence K. Mahuna
• Barry Kim ~
Mayor - Police Chief
Harry S. Kubojiri
ire OFNF'~ Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street Hilo, Hawaii 96720-3998
(808) 935-3311 • Fu(808)961-8869
August 29, 2007
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM SAMU`EOMAS, MAJOR, AREA I OPERATIONS
SUBJECT: CHANGE OF ZONE APPLICATION (REZ0000071)
APPLICANT: DIEN-JUN LIN NEKOBA
REQUEST: RS-10 TO CN-10
TAX MAP KEY: 2-2-36:25 AND 26
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:IIi
EXHIBIT
"Hawai'i County is an Equal Opportunity Provider and Employer" i -
Harry.I€im_;1 7 fl~Darryl J. Oliveira
M,ydr: Fire Chief
4•-., %'M~•r` Glen P.I. Honda
~R O
Deputy Fire Chief
Couutp of'abiai`i
HAWAII FIRE DEPARTMENT
25 Aupuai Street • Suite 103 • Hilo, Hawaii 96720
(808) 981-8394 • Fax (808) 981-2037
August 24, 2007
TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 07-000071)
APPLICANT: DIEN-JUN LIN NEKOBA
REQUEST: RS-10 TO CN-10
TAX MAP KEY: 2-2-36:25 AND 26
In regards to the above-mentioned Change of Zone application, the following shall be in accordance:
Fire apparatus 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 first story is located more
than 150 feet from fire department vehicle access as measured by an unobstructed route around
the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot 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
Hatoai County is an Equal Opportunity provider and Employer.
Christopher J. Yuen
August 24, 2007
Page 2
"3. When there are not more than two Group P, 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 by 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 apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus 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 apparatus and approved signs are installed and
maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances 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 apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved
by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning around of fire apparatus.
"(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 apparatus.
"o) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15%)
{
Christopher J. Yuen
August 24, 2007
Page 3
"(k) Obstruction. The required width of any fire apparatus access road shall not be
obstructed in any manner, including parking 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 fire
protection shall be provided to all premises upon which buildings 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 fire hydrants and mains capable of
supplying the required fire 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 fire hydrants connected to a water supply capable of
delivering the required fire 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.
n
rARRYfL OLIVEIRA
Fire Chief
PBE:Ipc
eTit~ dF ~~4
Bobby Seae, Leithead-'£'odd
Harry €£emx - :r Director
Mayor
- . ~a'•...' 7yeF` Nelson Iio
Deputy Director
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street Hilo, Hawaii 96720
(808) 961-8083 Fax(808)961-8086
htto://co.hawaii.hi.us/directorv/dir mvmne.htm
MEMORANDUM
Date : August 22, 2007
To . CHRISTOPHER YUEN, Planning Director
From: BOBBY JEAN LEITHEAD-TODD, Director
Subject: Change of Zone Application (REZ 07-000071)
Applicant: Dien-Jun Lin Nekoba
Request: RS-10 to CN-10
TMK: 2-2-36:25 and 26
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
O /WASTEWATER COMMENTS:
J No comments
Require connection of existing and/or proposed structures to the public sewer in ac with
26
on Iy, - parccm 2Lj Gaan°c~eC{ 5[1qq4-
Section 21-5 of the Hawaii County Code. -fMK '2 2- Ao '
( ) Require 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.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23-85 of the Hawaii County Code.
( ) Other:
TECHNICAL SERVICES COMMENTS:- k. a ~~'c~ 0&-
SOLID WASTE COMMENTS:
( ) No comments
0<) Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
(x') Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
(X) Ample and equal room should be provided for rubbish and recycling.
Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations, or other suitable diversion programs.
0e) Construction and demolition waste is prohibited at all County Transfer Stations.
I(~j 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: EX IBIr
i
cc: SWD, TSS, WWD 9915 ' (t
County of Hawaii is an Equal Opportunity Provider and Etnployer.
~ t~..1 ~ O r cmr
L&T-1 y rim, '71
tife?VOr _ _ Ivafil
a SO.& Waste DIV%Sian Chief
Counter of Hawai6R
DEPARTMENT O EN O+NMENTAL MANAGEMENT
25 Av!purd Street, Rom 210 o Mo, Ehmat'r %920.4252
(ON) %1-M ® F= (SOS) %14056
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 anticipate the loading on County transfer
stations, landfills and recycling facilities, and (3) predict the additional traffic being
generated because of waste and recycling transfers.
REPORT
The consultant's report will contain the following:
1. Description of the project and the potential waste it may be generating: i.e.
analysis of anticipated waste volume and composition. This includes waste
generated during the construction and operational phases. Greenwastes 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; commercial development as defined under the policies of the
Department of Environmental Management, Solid Waste Division.
3. Since the Department of Environmental Management promotes recycling,
indicate onsite 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 trick will be using to transport the waste
and recycled materials.
A,
•
Solid Waste Management Plan Guidelines
page 2 of 2
a. The report will include any impacts to County waste and recycling facilities, and
the appropriate mitigation measures. All recommendations and mitigation
measures will be addressed.
6. Description of the waste reduction component that analyzes techniques to be
employed to achieve a reduction goal.
7. Analysis will be based on the highest potential use or zoning of the development.
REQUIREMENTS AND CONDITIONS
1. A solid waste management plan will be done for all commercial developments, as
defined under the policies of the Department of Environmental Management,
Solid Waste Division.
2. We will require the developer to provide or resolve all recommendations and
mitigation measures as outlined in the report; besides any conditions placed on
the applicant by the Department of Environmental Management.
3. A licensed environmental or civil engineer will draft and certify the solid waste
management plan.
CONCUR:
Barbara Bell
DIRECTOR
10/13/03
Revised 06/06/06
Hawal'i County is an Equal Opportunity Provider and Employer.
E
RNekobaREZ.doc-10/24/07
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
DIEN-JUNG LIN NEKOBA
CHANGE OF ZONE APPLICATION (REZ 07-000071)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Director reserves the right to modify and/or alter this
recommendation based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicant requests a change of zone from Single-Family Residential 10,000
square feet (RS-10) to Neighborhood Commercial 10,000 square feet (CN-10) for office
space and related uses for a tour operation. The applicant intends to use the existing
structures to accommodate the office space, as well as to provide parking for employees
and 8-to-10 passenger- vans. The applicant currently maintains an off-site facility to store
and maintain 15-passenger vans related to the business. On occasion, tour vehicles may
be located on the property for pick-up and distribution of business information and
schedules. Vehicles associated with the business will be parked in established gravel
areas. This request also seeks to mitigate the notice of violations issued to the applicant
for parking of unauthorized vehicles on the site.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from RS-10 to CN-10 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. 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 standards of the General Plan in
that the proposed development will be developed in an area adequately served by
necessary services such as water, utilities and transportation systems. The proposed
project conforms to the Commercial Development goal which states "provide commercial
developments that complement the overall pattern of transportation and land usage within
the island's regions, communities, and neighborhoods."
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 Medium
Density Urban on the LUPAG Map. The requested zoning would be consistent with the
urban designation on the LUPAG Map for this area of Hilo.
The State Land Use designation for the subject property is Urban. The property is
unclassified by the Land Study Bureau's Productivity Rating. The Hilo Community
Development Plan (CDP), adopted in 1975, suggests residential uses in this area.
However, this area is transitioning to higher density commercial type uses. The proposed
change of zone would complement the existing commercial land uses that already exist in
this area and will provide for an orderly development of the area.
The project site consists of two contiguous parcels. Parcel 25 is approximately
19,607 square feet in size and improved with a two-story 2,555 square-foot dwelling,
shed and landscaping. Parcel 26, approximately 20,164 square feet in size, is improved
with a one-story 836-square foot dwelling, carport and landscaping. The land uses in the
area are a mix of residential and commercial uses. Immediately adjacent properties, as
-2-
well as surrounding properties, are zoned RS-10 and in single-family residential uses.
Big Island Candies is located to the northeast of the project site and zoned CG-20.
All utilities and services are available to the site. The site plan indicates two
existing entrances along Kekuanaoa Street, which is improved with curb and sidewalk
fronting the project site. Kekuanaoa Street currently has a right-of-way of approximately
50 feet, including 10-foot wide road widening setbacks fronting both parcels, recorded on
October 26, 1992 and November 10, 1992. Manono Street is approximately 60-foot wide
fronting parcel 25. Hinano Street is approximately 40-foot wide fronting parcel 26. The
Department of Public Works (DPW) recommends improvements to the entire frontage of
Hinano Street consisting of, but not limited to, pavement widening with concrete curb,
gutter and sidewalk, drainage improvements, and any required utility relocation. The
DPW further recommends that the existing hedge on the corner of Kekuanaoa Street and
Manono Street be limited to a height of three feet and a "No Left Turn" sign be installed
at each of the existing driveways along Kekuanaoa Street.
All essential utilities are available to the project site. The project will connect to
the existing County sewer system. Solid waste will be disposed of by commercial
handlers.
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-year floodplain. All development
generated storm run-off shall be disposed of on-site and not allowed onto adjacent
properties or roadways.
By letter dated March 26, 2007, the applicant has requested a "no effect" letter
from the DLNR-BPD. No professional surveys were conducted of the site due to the
history of extensive disturbance. No professional flora or fauna surveys were conducted
of the site. The applicant does not believe that rare or endangered floral or faunal
resources are on the site as the project site has been improved and is located within an
urban environment close to existing commercial uses.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The properties are not located in the Special
-3-
Management Area. The project site is not proximate to the shoreline and not located in
the SMA There is no record of a designated public access to the shoreline or mountain
areas that traverses the site. According to the applicant, no valued cultural, historical or
natural resources exist on the properties 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, approval of the change of zone request from a Single-
Family Residential (RS-10) to a Neighborhood Commercial (CN-10) 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-
CNekobaREZ.doc-10/23/07
DIEN-JUNG LIN NEKOBA
CHANGE OF ZONE APPLICATION (REZ 07-000071)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall,submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy" to the Department
of Water Supply within 180 days from the effective date of this ordinance.
C. Conversion of the existing dwelling to office uses shall be completed within five
(5) years from the effective date of this ordinance. Prior to conversion and/or
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 paved
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).
D. The applicant shall secure Final Consolidation Approval of parcels 25 and 26
within one year from the effective date of this ordinance.
E. A "No Left Turn" sign shall be installed at each of the two existing driveways
along Kekuanaoa Street. All driveway connections shall conform to Chapter 22,
Streets and Sidewalks, of the Hawaii County Code.
F. The applicant shall provide improvements to the entire frontage of Hinano Street
consisting of, but not limited to, pavement widening with concrete curb, gutter
and sidewalk, drainage improvements, and any required utility relocation. All
roadway improvements to Hinano Street shall be completed prior to a Certificate
of Occupancy.
G. The existing hedge on the comer of Kekuanaoa Street and Manono Street shall be
limited to a height of three feet.
H. Install street lights and traffic controls as required by the Tragic Division,
Department of Public Works.
1. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works prior to
issuance of a construction permit. Any recommended drainage improvements, if
required, shall be constructed meeting with the approval of the Department of
Public Works prior to receipt of a Certificate of Occupancy.
J. 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.
K. If the applicant, successors, or assigns develops residential units on the subject
property(ies), the applicant shall make its fair share contribution to mitigate the
potential regional impacts of the property with respect to parks and recreation,
fire, police, solid waste disposal facilities and roads. The fair share contribution
shall become due and payable prior to receipt of Final Plan Approval. The fair
share contribution for each lot shall be based on the actual number of residential
units developed. The fair share contribution in a form of cash, land, facilities or
any combination thereof shall be determined by the County Council. The fair
share contribution may be adjusted annually beginning three years after the
effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HCPI). The fair share contribution shall have a combined
value of $7,043.62 per multiple family residential unit ($10,976.69 per single
family residential unit). The total amount shall be determined with the actual
number of units according to the calculation and payment provisions set forth in
this condition.
The fair share contribution per multiple family residential unit (single family
residential unit) shall be allocated as follows:
-2-
1. $3,474.42 per multiple family residential unit ($5,293.15 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $109.81 per multiple family residential unit ($232.42 per single family
residential unit) to the County to support police facilities;
3. $337.78 per multiple family residential unit ($504.33 per single family
residential unit) to the County to support fire facilities;
4. $150.55 per multiple family residential unit ($220.80 per single family
residential unit) to the County to support solid waste facilities; and
5. $2,971.05 per multiple family residential unit ($4,703.06 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
M. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to final plan approval.
N. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
-3-
O. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation.
-4-
r~:'.g•'.4
COUNTY OF HAWAII STATE OF HAWAII
•~OlM~~
BILL NO.
ORDINANCE NO. (Q/~h
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 SINGLE
FAMILY RESIDENTIAL 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD
COMMERCIAL 10,000 SQUARE FEET (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-2-036:025 AND 026.
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 area situated at Waiakea, South Hilo,
Hawaii, shall be Neighborhood Commercial 10,000 square feet (CN-10):
Lot 1-A:
Beginning at the South West Comer of this parcel of land and the North West
corner of Lot 3-A-1, a portion of Lot 3, Block 27, Grant 8707 to Kitaro Takahashi and on
the East side of Manono Street, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAr' being 1,903.00 feet South and
9,146.00 feet East, as shown on Government Survey Registered Map No. 2566, and
running by azimuth measured clockwise by true South:
1. 180° 00' 60.00 feet along the East side of Manono
Street;
Thence, along the same on a curve to
the right with a radius of 30.00 feet,
the chord azimuth and distance
being:
-1-
2. 225° 00' 42.43 feet;
3. 270° 00' 190.00 feet along the South side of
Kekuanaoa Street;
4. 360° 00' 90.00 feet along Lot 2-A, Block 27, Grant
8706 to Kenjiro Kodama of Waiakea
House Lots, 1" Series;
5. 90° 00' 220.00 feet along Lots 3-A-1 and 3-B-1 a
portion of Lot 3, Block 27, Grant
8707 to Kitaro Takahashi of Waiakea
House Lots, 15` Series to the point of
beginning and containing an area of
19,607 square feet, more or less.
Lott-A:
Beginning at the North West Comer of this parcel of land and the North East
comer of Lot 1-A, and on the South side of Kekuanaoa Street, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALAr' being
1,813.00 feet South and 9,366.00 feet East, as shown on Government Survey Registered
Map No. 2566, and running by azimuth measured clockwise by true South:
1. 270° 00' 205.00 feet along the South side of
Kekuanaoa Street;
Thence, along the same on a curve to
the right with a radius of 20.00 feet,
the chord azimuth and distance
being:
2. 315° 00' 28.28 feet;
3. 360° 00' 70.00 feet along the West side of Hinano
Street;
4. 90° 00' 225.00 feet along Lot 4, Block 27, Grant
8828 to Kametaro Fujimoto of
Waiakea House Lots, I" Series;
-2-
5. 180° 00, 90.00 feet along Lots 1-A, being a portion
of Lot 1, Block 27, Grant 8726 to
Kinuko Sakamoto of Waiakea House
Lots, V Series to the point of
beginning and containing an area of
20,164 square feet, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. 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 hitroduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
-3-
RS 10 R •f0 R -10 RS-10
HUALANI ST
RS- 0 N R -10 RS f0 RS-10
V•.75
E
RS-'O S R -10 RS-10
c
CN-20 CN-20 RS-10 CG-20
c
H
R 10 CN-20
CG-20
RS-10 1 813.00 S CN-f0
V•.75 °z0
CN-7.5 RS- 0 CG-20 RS-f0 CG-20 RS-f0
KEKUANAOA ST
RD-3.75 RS 10 R 10 RS-10
ML-20
=RS SINGLE FAM
70,000-SQUA E FEET (RS-10)
TO NEIGHBORHOOD COMMERCIA
10c c 000 S9UA
39,771 SQ. FT.
ML•20
RDJ.75 RS•10 RS 10 R 10 RS-10
280 140 0 280 560 840 1 120 1 4 0
Feet
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 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM SINGLE FAMILY RESIDENTIAL 10,000-SQUARE FEET (RS-10)
TO NEIGHBORHOOD COMMERCIAL 10,000-SQUARE FEET (CN-10)
AT WAIAKEA, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 2-2-036:025 & 026 Date: August 24, 2007
EXHIBIT "N' (DienJung Lin Nekoba & Tsai-Yin C. Lin:1238)
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
NOVEMBER 2, 2007
A regularly advertised hearing on the application of DIEN-JUNG LIN NEKOBA
(REZ-000071) was called to order at 9:05 a.m. in the County of Hawaii, Aupuni Center
Conference Room, 101 Pauahi Street, Hilo, Hawaii, with First Vice-Chairman C. Kimo
Alameda presiding.
PRESENT: C. Kimo Alameda ABSENT & EXCUSED: William Graham
Takashi Domingo Rene' Siracusa
Andrew Iwashita
Shelly Ogata
Alvin Rho
Rodney Watanabe
Rell Woodward
Ivan Torigoe, Deputy Corporation Counsel
Christopher Yuen, Planning Director
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
And approximately 12 people from the public in attendance
APPLICANT: DIEN-JUNG LIN NEKOBA (REZ 07-000071)
Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to
Neighborhood Commercial 10,000 square feet (CN-10) for approximately 39,771 square
feet of land. The property is located along the south side of Kekuanaoa Street, between
Manono Street and Hinano Street, Waiakea House Lots, Waiakea, South Hilo, Hawaii,
TMK: 2-2-36:25 and 26.
ALAMEDA: The first agenda item is Dien-Jung Lin Nekoba. It's a rezoning
request for 07-000071; and I'd like to turn it over to staff for the introduction.
Mr. Darrow?
DARROW: Thank you, Mr. Chair. Good morning, Members of the Planning
Commission. If I could direct your attention to the location map on the board. The area
of this application is within the South Hilo District. More specifically we are looking at
the Waiakea House Lots area. We have Kekuanaoa Street running in an east-west
direction; and we have Manono Street and Hinano Street running in a north-south
direction. The area of this first application is identified with the blue dot. hi between
Manono Street and Hinano Street on the south side is Kekuanaoa Street. The applicant in
this case, Dien-Jung Lin Nekoba, is requesting a change of zone from Single-Family
Residential 10,000 square feet to Neighborhood Commercial 10,000 square feet for
39,771 square feet of land. This includes two parcels; Parcel 25 which is made up of
1
19,607 square feet, and Parcel 26 which is made up of 20,164 square feet. Looking at the
applicant's site plan that was submitted, just for reference we have Manono Street, we
have Hinano Street and we have Kekuanaoa Street. Both parcels are identified with a
blue outline. Within Parcel 25 you'll notice some yellow coloring. Those indicate
existing structures on the property. On Parcel 25 we have a two-story dwelling; and on
Parcel 26 we have a one-story dwelling.
The applicant is requesting this change of zone to be able to have office space and related
uses for a tour operation called Green Travel and Tours Incorporated. We have received
comments from the Department of Public Works. They are requesting improvements
along the frontage of Hinano Street, mainly sidewalks and other improvements.
Additionally, they are requesting a height limit on the hedge that's located there up to
three feet. And, lastly, they're asking that no left turn signs be placed at each of the
entrances on Kekuanaoa. Those are identified with the black, the two entrances.
Additionally, the Planning Department received a letter this morning from Jeffrey Lin
Joseph and Teresa Ann McCrary; and this has been distributed to the Planning
Commission.
The Planning Director is recommending that the Planning Commission send a favorable
recommendation to the Hawaii County Council for this application. Are there any
questions?
ALAMEDA: Fellow Commissioners? Jeff, I noticed on the, I have one on what
got passed out. There's a new condition, Condition F, is that correct?
DARROW: Yes. I believe the applicant's representative is going to address
that issue.
ALAMEDA: Okay. All right, if we don't have any questions, I'd like to call up
the applicant or the applicant's representative. Please come forward. Do you swear or
affirm to tell the truth now before the Hawaii County Planning Commission?
LIM: I do.
ALAMEDA: Thank you. Could you please state your name and address for the
record.
LIM: Steven Lim, 121 Waianuenue Avenue on behalf of the applicant;
and with me today to my left are the son and daughter, Jung Kai Nekoba and Cindy
Nekoba.
ALAMEDA: Good morning, Steven. I understand you got the Department's
report and the recommendations. You have any questions or comments?
LIM: We have received the background report and recommendation and
we agree with both. The submittal that we passed out this morning was the applicant's
2
proposed amendments to Condition D which was the recommendation to consolidate the
parcels. Since we don't have any plans to cross the lot lines with a new structure, we'd
like to delete that condition. And our proposed condition to Condition F is the Public
Works' comment on curb, gutter, sidewalk construction on the Hinano Street side of the
property. We'd agree to do that upon any future conversion and construction of a new
commercial or residential structure. At the present time and probably for the fair, you
know, kind of good near-term, I think that they're going to be conducting the tour
operations out of the existing structures. So we probably won't be doing a new building
for a long time.
ALAMEDA: Okay. Fellow Commissioners, you have any questions or, how
about Commissioner Domingo?
DOMINGO: Mr. Chairman, thank you very much. Mr. Lim, what is the extent
of the business that is being conducted there?
LIM: This property has a history in that they had some prior issues; and I
think that was some of the result of this November 2, 2007 letter from Jeffrey Joseph and
Teresa McCrary who are the adjacent property owners on the Hinano Street side just
behind the property. hi mid-2006 they were cited with a notice of violation by the
County for keeping their large buses they call that mini buses, they carry about 25
people or so on the property. And they were essentially using the property as a
baseyard for their commercial operation, the tour operation. So they were cited for that.
And what they did was they relocated all of the mini buses and the baseyard operations
off the property first to Waianuenue Avenue because they thought that was allowable;
and that turned out not to be proper zoning either. So they moved as of about June of
2006; and they're still over at Silva Street in the General Industrial zoning where they
have their baseyard, they keep all the big buses. The only thing that you will see on the
property today is the smaller regular type of vans where they carry about 10 people.
Those are partly used for tour operations, but partly used for personal; and we've been
informed by the County that those are allowable. They don't conduct any baseyard or
marshalling of the customers at the property.
We note that the letter from Mr. Joseph and Ms. McCrary indicated that they had couple
of instances in September and August of this year showing the Green tour buses there in
the morning hours. And I asked my clients what that was about and they said that it
might have been one of those situations where the buses came to pick up something that
somebody forgot or, you know, to pick up some paper; but it wasn't a situation like
they're running the tour buses through the property. Essentially what happens every
morning is that the tours start out from the baseyard and also from the property with the
smaller vans. They leave, they pick up the customers either at the tour ship or at the
airport. They'll go, one typical route is they'll go out to Akaka Falls in the morning,
circle back out and go up to the Volcano, come back down and hit the Mauna Loa Mac
Nut Factory, and then drop off the customers at either the airport or the ship. They won't
bring them back to this site here. That's not the intention. So, you know, we tried to do
that and arrange it that way to minimize the impacts on the neighbors. You know, but
3
they've had discussion with Mr. Joseph and Ms. McCrary starting back in mid-2006. I
think a lot of their issue initially was with the beeping noise that these big buses make
when they back up. So those supposedly disappeared. If they're still hearing beeping
noises it's the same beeping noises that my client heard, he heard, well, last night in fact,
and it's coming from some place across the street. So it's not from their property. So
that any, you know, any evidence of buses there recently is just coming by to pick up
something; and it's not an indication that they're going to conduct these operations on
site.
We tried to, I think that Mr. Joseph and Ms. McCrary at one time in mid-2006 provided
them with some small Podocarpus plants to plant along the boundaries of the property to
try to minimize the impacts and they indicated that those small plants died so they
purchased new Podocarpus plants. My clients stated they planted those and those are
now growing. We're hoping that that's going to, the Podocarpus are those relatively
quick growing thick bushes that grow quickly; and we're hoping that that in conjunction
with the minimizing of the activities of the vehicles on the property will allow them to
live in harmony with their neighbors as much as possible.
ALAMEDA: Thank you. Commissioner Domingo, follow-up?
DOMINGO: Thank you, Mr. Chairman. Well, you know, you addressed the
concerns that I had, and more so especially with regards to that which was contained in
the letter by the neighbors regarding the noise situation. I'm clear that that has been
addressed, hopefully. I don't know if the noise issue could be inserted in the Zoning
Ordinance itself with regards to, you know, the noise taking place and the time.
LIM: We're, you know, we're in agreement proposed Condition C that
the Director has proposed that the landscaping between the properties for the purpose of
mitigating any adverse noise or visual impacts to the adjacent properties be implemented
in accordance with the Planning Department's Rule No. 17 on landscaping. So we will
be checking to see what landscaping is presently out there; and if there's more needed to
comply with the Rule, then we will implement that.
ALAMEDA: Commissioner Domingo?
DOMINGO: Thank you very much.
ALAMEDA: You're welcome. Commissioner Watanabe?
WATANABE: I had a question actually for the Director. It seems the applicant is
asking to remove Condition D. And I guess my question would be are you satisfied with
that? I guess the only ingress and egress is all from Manono, no Kekuanaoa anyway,
yeah? And you already have two. So even if you remove that you're not increasing the
amount of egress and egress?
ALAMEDA: Mr. Director.
4
YUEN: Well, I think we would want a condition requiring that they
establish cross easements if the property is not consolidated. And they would implement
it in connection with any new construction on the property so that you don't have two
properties that are forced to have their own accesses in and out, if you develop something
further. Because once this is rezoned, although the current plan is different, they could
develop quite a sizeable, there could be quite a sizeable commercial development put
here. And if you had two separate buildings, we would prefer that there'd be some way
to get from one, say you did not consolidate the property and you had two lots and you
had two buildings on two lots, that you'd be able to, we would want to see a way to get
from one building to the other without coming back out on the street.
ALAMEDA: Commissioner Watanabe, follow-up?
WATANABE: So then you have some wording to that effect?
YUEN: Yeah, we have something that we would, I'm working on
something right now that we could do.
ALAMEDA: Go ahead, Commissioner Watanabe.
WATANABE: Mr. Lim, would that be agreeable to you?
LIM: That will be agreeable to the applicant.
WATANABE: Thank you.
ALAMEDA: Any further questions? Okay, well, go ahead, Commissioner
Iwashita.
IWASHITA: What's the total square footage for the two parcels?
DARROW: Thirty nine thousand seven hundred and seventy one square feet.
ALAMEDA: Commissioner Iwashita, follow-up?
IWASHITA: I guess my concern And the separate square footages for each
parcel is?
DARROW: Parcel 25 is 19,607 square feet. Parcel 26 is 20,164 square feet.
IWASHITA: Part of my concern is the request is for changing the zoning to
Neighborhood Commercial 10,000 so that, I guess, potentially in the future they can get
three lots out of this on a subdivision. And the reason I bring this up is one of our more
recent approvals which got through with over my no vote, is now, I see a sign for a
subdivision on Manono Street for a Commercial approval. And, you know, so basically
5
we have, that developer and owner came here asking for a change from Residential to
Commercial 10,000, I guess, that was that one; and now, you know, a few months later
it's going through a subdivision of that lot. And all of the Commissioners know of my
concern about the strip mall implications of what we're doing here, what was done there,
what is being asked for us to be done here. And it seems to me that, you know, that
doing it Neighborhood Commercial 10,000 square feet just has the potential for
compounding my concern. So I guess my question to, I guess, the applicant and perhaps
the Director is can't we do it at a, you know, something that more approximates the
current size of the lots so that we aren't looking at a subdivision application a few months
down the road to three lots from these two?.
ALAMEDA: The applicant or Mr. Director, care to respond? Sir?
LIM: Well, I guess, I'll respond for the applicant. But we felt that the
Neighborhood Commercial zoning was consistent with the other zonings that were
existing and proposed in the area, it complies with the General Plan for the area in
Waiakea House Lots.
ALAMEDA: Mr. Director.
YUEN: The rezoning to a Commercial area is consistent with the General
Plan which actually, both has this as Medium Density Urban but also has a statement in
the text of the General Plan that commercial developments within the Waiakea House
Lots should be centered on a number of the major streets. And Kekuanaoa Street is
specifically one of those streets. Just as a big picture on this, you know, Kekuanaoa
Street is a very busy street that goes, a lot of the airport traffic goes on it. It's got some
significant commercial uses either on Kekuanaoa or quite close to Kekuanaoa, like Big
Island Candies. Long-term it is probably not a great area of residential uses because of
the kinds of traffic that's on it. If the specific concern though is the potential for three
lots rather than two, and it is correct that with the CN-10 zoning that's requested it could
be subdivided into three lots, having more lots does create a development problem. You
wind up having, and if they're developed separately like they decide to make a, and I
don't know if this would fit, but say they decided to make three 10,000 to 13,000 square
foot commercial lots and sell them off separately and each had its own entrance, that's
_ the idea behind reauiringlhe_cross easements for intemal circulation-WeLnuld_without--
changing the bill itself state that "No more than two lots shall be established." That
would create the possibility for a change in the lot lines but without the possibility of
creating a third lot, which would be possible under the CN -10 zoning.
ALAMEDA: Commissioner Iwashita, follow-up?
IWASHITA: Thank you, Mr. Director. You know, this application to me is
another example of basically the lack of adequate controls that we have in terms of trying
to create a more ideal environment, in particular in the House Lots area. And, yes,
Kekuanaoa is a primary road that's used to go to the airport and so forth.
6
But I think if you look down the road, you know, long-term, which is what we're
supposed to do, which is what the General Plan is supposed to provide some guidance on,
I think the comments of the Director indicated, you know, basically, make it rather
pointedly that, you know, we really don't have any control over this. And as the
Commissioners know, you know, my view is that if we keep going down this road and,
you know, Big Island Candies is, so if you look at that map, you know, for me it's a
perfect example of spot zoning. How the heck did Big Island Candies get placed in the
middle of a residential area? And now it's being used as basically partial justification for
all of the rezoning applications that come in in the House Lots area. And, you know, it is
troublesome to me that, you know, this process that we're going through allows
essentially the development of a strip mall. And I'd like to hear from someone to tell me
that that's not what's going to happen You know, take Kekuanaoa Street, we're going
to be basically looking at Dillingham Boulevard/Nimitz Highway kind of development in
20, 30 years, you know, down the road if we just keep doing these commercial zoning
approvals as the Director is suggesting, you know, this is how it's going to go. And, you
know, keeping customer circulation parking within a certain area, that's all fine and
dandy. But the picture of Kekuanaoa Street being another, you know, Dillingham
Boulevard or that kind of a scenario to me is not an ideal picture and one that we can
avoid if we don't approve this, and if we really press again to have the Community
Development Plan done in a way so that the Houselot community can get together and
say, you know, this is really how it should be done, and how we want it done, and how
should look in 20, 30, 40, 50 years.
ALAMEDA: Thank you, Commissioner Iwashita. Point well taken.
Commissioner Watanabe, would you like to comment?
WATANABE: Yeah, I've got a question for Mr. Lim. Do you believe the
applicant would have any objections to the limitation to two lots on this one?
LIM: I've checked with the applicant and they're agreeable to the
limitation to keeping the two lots, so long as we can have the ability to consolidate and
resubdivide those two lots and move the lines back and forth.
WATANABE: Exactly, and still have the easement, the cross easement, right?
LIM: Correct, that's correct.
ALAMEDA: Commissioner Watanabe, follow-up?
WATANABE: So, Mr. Director, do you believe that would, for the most part,
resolve this issue, yeah? Cause I kind of agree, I don't think I'd want to see three entries
onto Kekuanaoa on this, you know, this limited stretch. But I think that the cross-
easements and the limitation to subdivide it into two lots would resolve that issue, for the
most part, right?
7
YUEN: Well, it would definitely We could limit it to so that it, they
cannot have more than two lots. But we can write a condition that will take care of that.
ALAMEDA: Any other questions, Fellow Commissioners, before we move on
to testimony?
DOMINGO: Mr. Chairman?
ALAMEDA: Sure, Commissioner Domingo.
DOMINGO: The Hilo Development Plan right now designates the property as
Medium Density, does it not, Mr. Chairman?
ALAMEDA: That's correct.
DOMINGO: Medium Density.
YUEN: Right, yes.
DOMINGO: And within that designation you can come in with residential units,
like for instance, I think it states RM-4?
YUEN: Well, actually, the Medium Density in the General Plan, the
maximum stated is 35 units an acre, which is really quite a bit. It's more like an RM-
1.25. And a CN zoning incorporates the possibility of an aparhnent building up to one
unit per 1250 square feet. So you can have a fairly dense development within a CN
zoning, you can have a fairly dense residential development. Usually that doesn't happen
but it is definitely a possibility.
DOMINGO: Okay, thank you.
ALAMEDA: Seeing no further questions, we have a testifier. Thank you,
Mr. Lim, you may be seated. Could I please call Theresa M. McCrary. Please come
forward. Ms. McCrary could I ask you to please raise your right hand. All right, do you
swear or affirm to tell the truth now before the Hawaii Planning Commission?
MCCRARY: Yes, I do.
ALAMEDA: Thank you for coming today. Could you please state your name
and address for the record.
MCCRARY: Yes, my name is Theresa M. McCrary, and with my partner Jeffrey
Joseph. We live at 630 Hinano Street.
ALAMEDA: Okay, Ms. McCrary. I know you've been listening to our
discussion and
8
MCCRARY: Yes.
ALAMEDA: Do you have any feedback for us today?
MCCRARY: Yes, I do. I passed out
ALAMEDA: Could you
DARROW: Mrs. McCrary?
MCCRARY: Oh, excuse me.
DARROW: Could you use the mike, please. Thank you.
ALAMEDA: Yeah, you know, we're getting everything recorded, it will help
our staff. Thank you.
MCCRARY: Okay. I'm here to speak today in opposition of this rezoning. My
partner and I have lived at 630 Hinano Street for approximately 18 years, we've lived on
that property. We've seen a lot of changes occur in that neighborhood. We're getting
older. We hoped to be able to build a home on our back lot of our property, I'm sure you
know that there. It's by the Hinano Street property in question here, the Hinano and
Kekuanaoa Street. So we directly look right at that property. And so we're hoping at
some point to be able to build our retirement home which should be in about, hopefully
the retirement for us will be in the next five years on that back lot back there. We haven't
asked for that or anything, but that's what we want to do on our back lot. And we have,
as you well know from the earlier discussion today, all along objected. Sometimes I've
felt that our objections were on deaf ears; but we've done the best we could and trying to
be good neighbors with all of this.
I'm not going to read what I've submitted to you folks, but for the folks here basically
we've been in opposition to this. I'm just going to review it real quickly. And for a
number of years we've listened to Green Tour buses coming and going from the Manono
Street property now. And we in the past have taken pictures of that. That's years ago,
that's water over the dam. We never complained because, again, we're Hilo citizens and
we try not to rock the boat. Okay? It was on the other, we've said, okay, Kekuanaoa and
Manono we don't see those buses for years and years. The hedges went up, we minded
our own business, which we've always done. But when they purchased this other
property and immediately moved forward with bulldozing and putting gravel in and
moving their buses in, you know, that's when we politely began to talk with our
neighbors, which is the first step we took saying, you know, you can't do this, this isn't
zoned for this. And we kept on and on, and they still kept on with the buses. And so we
finally rather than to get into really arguments, we got in touch with the Planning
Commission (sic) and started working with Mr. Usagawa. This was probably a year or so
ago. We complained, they sent out violation letters. We complained because the buses
9
kept on coming, people weren't listening. Okay, and we complained again, they sent out
more letters
Our reasoning here today, it's really basic. This is our home. It's the only home we'll
ever have. Okay, you know how that is in Hawaii. You sell your home in Hawaii and
you've got to move. And we object to this because of the noise of the beeping buses.
Okay? We object because of the safety hazards. We know, I'm not a planning, I'm not a
traffic person. But I know looking on Kekuanaoa, you know, those buses are coming out,
and I know you've all done some addressing to that. They're pulling out into a turning
zone, lane. Hinano Street is, there are accidents there often. There are bodily injury
accidents there. I personally have often felt there needs to be a stoplight at Hinano Street
anyway. Okay? I also have to, without changing the subject, I have to tell you, you
brought up the Big Island Candy thing, I greatly, we greatly regret that we did not get
involved in the same vein we are today with the Big Island Candy. Big Island Candy
should have never been put there. Okay? Because it's trying to change the face of the
whole community. And the beeping buses over there are outrageous. Okay? But back to
the conversation here We continue to complain, oh, and, well, the noise concerns, the
safety concerns, and the visual appearances. And I'm going to show you here briefly, if
you approve this, what you are doing to my home, okay, what you're doing to us and
where we live. Because that's what it's about. We are the people we believe that are
most affected by this change, and I mean personally day and night. And so we've got the
visual concerns.
I will say also I wanted to, there was another comment that was made this morning
regarding the fact that we had given them plants to plant. We did not give them plants to
plant. That's not a big deal but I just wanted to make that What I did say is if you're
going to do this, because obviously I felt like they were going to do this, then please put
up a hedge; and I showed her the type of hedge. Now I want to go on record now as to
saying that after a great deal of thought and looking at the hedge, the hedge is not going
to stop the noise. The hedge is not going to stop the visual and ugly and unsightliness of
these buses.
So we have, then we talk about the noise pollution. I did a little research, decibels, I
think that's the word for it. Forty decibels wake up sensitive people. Okay, we have
been woken up by these buses. Now the buses, there are rules. I believe that you guys
are setting down conditions that will only allow them to operate these buses at certain
times. You know, I'm going to show you why I don't believe that the conditions will be
followed. Okay? And once you turn your back you're going to leave me, a little old
lady, having to continue to fight this. Okay? Because I can't sleep with the beeping
buses. So 40 decibels wake up sensitive people. Seventy decibels wake up most people.
A hundred and twenty decibels, I got this off the internet, 120 decibels causes human
discomfort, pain in the ears. Beeping buses although it stops and goes, beep, beep, beep,
it stops and goes, beeping buses have anywhere from 82 to 112 decibels on those beepers.
Okay? And its not just, well, you know, I don't have to go into that, beep and then back
off, and forward, okay. The part, and moving buses as I'm going to show you in pictures
here are within 30 feet of my dining room table. Okay, now this is where commercial
10
meets a, you know, the home, this is my home, okay. And the decisions you're making
today is going to affect us. The beeping buses will be within 30 feet of my dining room
table. The part in moving buses and beeping buses will be, now think about this for
yourself, 68 feet from my bed, okay, from my pillow. And remember 70 decibels will
wake up most people. Now who is to say and what reason would I actually believe that
these folks, although nice people and I understand where they're coming from because I
actually have a business as well, okay, who is to believe at this point, and I'm getting
ready to show you, that these folks will actually follow the rules? I don't believe it. And
I'm asking for your help here. I do not believe that this area is, there's community,
there's commercial neighborhood zoning I think. I just can't believe that this is the intent
of what you're trying to do. Big Island Candies shouldn't have been there, this shouldn't
be there. And, also, that little area in between the Manono and Hinano is not very big.
So I think you're addressing the fact that there just needs to be one coming and going.
But still in all, has anybody done a traffic pattern study? I see people hauled out to the
hospital all the time off of the Hinano Street, you know, area. You're going to pull a bus
out into a turning lane, you know, maybe you won't have any people in it, maybe it will.
Okay, so those are my concerns there. So I don't believe, in summation, before I show
you the photos, I don't believe the plants on the property will reduce the noise or the
unsightly view, which is terribly unsightly. And I did not give them the plants.
And then, also, I want to make another point, a final point, according to Mr. Usagawa
who I've spoke with numerously when the citations were sent, and I did get a copy of
that, those, when they were sent to Green Tours it was to be, there was to be no buses on
this property until this is rezoned. Okay, it's not about, oh, I think today I've got to by
and pick up some paperwork or I forgot something. What makes you believe if they
couldn't follow those rules, if they're going to follow anything else? Okay? And, let's
see, so with that
ALAMEDA: Can I ask you how long will that presentation take? Is it
MCCRARY: I'm done with the presentation. This won't take but a minute.
ALAMEDA: All right, go ahead.
MCCRARY: This won't take but a minute. Okay, this right here, in fact, I tried
to really staple these together last night. The buses have gone along, this right here is,
and I can pass these (photos) around. This is, these were taken on 9/26 at 8 o'clock in the
morning, Sunday morning, Sunday morning. And the photograph there shows the
newspaper there which you can confirm that's 8/26/2007. This is way after you folks
have sent the citations. So, you know, this isn't fair. The rules are not being followed.
And you're going to, if you approve this, you're going to leave me having to fight this
alone. Okay? That's 8/26.
Now then let's talk about what happened. So then I complained again and then
Mr. Usagawa said, you know, I'll call the lawyer. They're not supposed to be doing this.
It's not about doing it for five minutes. It's following the rules. Again, I'm a business
11
person. You know, I've always said, and I'm not perfect, but it's like tell me what the
rules are and I will follow. Okay? As a business person you have to do that. Nine-
twenty two, when was that, ten days ago? Ten days ago, buses, beep, beep, beep, beep,
buses at my back door. Okay, remember the property line is, what did I say, 30 feet from
the center of my dining room table. And these are the views that I get coming out of my
house. This is 9/22, 9/22 at 8:14 in the morning. This was Monday morning. This was
way after you've sent out letters you will cease and desist. Okay?
ALAMEDA: Mr. Darrow?
MCCRARY: And this is 9/22, if you'd like to send that around. Finally, and I'm
two minutes from being done here. Surely you all must own homes. This is what you are
relegating me to. And do you think for one minute that they're going to put those buses
over there in that one little orange section on, I think that's Lot 2A? They're not going to
listen to what you've said. They've not listened all along, and they've not listened to me
as a kind neighbor trying to talk to them. This right here I want, take a look and think
about this for your home. This is 30 feet away, this right here. Actually, some of these
showing my back yard use are just a nightmare. And so are they going to be doing a
baseyard? They're going to be, you move right along, well, they've got to I've seen
them in the past changing oil or whatever they do to those things. Okay, what else are we
going to have? What other policing am I going to have to do just because I want to be
able to sleep at night? And, also, there have been times, and we are aware, and we do
know, most of the time the beeping is 8 o'clock in the morning, 7:50 to 8:30 in the
morning; and then the last buses come in at about 6 o'clock in the evening. Okay?
However, when you get holidays, let's talk holidays, this past year I was reduced The
only time I ever actually got mad, I mean really mad, I was a screaming idiot at 12:30 at
night. They brought the buses in. Now I believe it was either New Years, or right around
there, or some comet, or something that had had happened this past year, they brought the
buses in at 12:30 at night and were beep, beep, beep. I was out there hollering. That's
the only time I ever got angry about this.
ALAMEDA: Ms. McCrary
MCCRARY: Yes.
ALAMEDA: I need to submit this for the record. Could I mark, could I mark it
1-A, 1-B, 1-C, like that?
MCCRARY: You can, yes, yes. So that's really all I have to say for my partner
and myself. We humbly, humbly, humbly ask you to consider what you are doing. As
Mr. Andrew Iwashita, yes?
IWASHITA: Iwashita.
12
MCCRARY: Yes. Okay, as he stated, you know, you're making decisions here
that's going to affect the community a long time from now. And I know as well as you
that the people that live in that area, they're all older people, but we ain't dead yet, you
know. And we don't want to listen to the buses, we don't want to listen I already have
to listen to Big Island Candies which I very much regret. So any questions?
ALAMEDA: Commissioner Domingo.
DOMINGO: Thank you, Mr. Chairman. What if we take away the buses?
MCCRARY: And then what do you have, what do you have?
DOMINGO: Yeah, I mean, your complaint is that the buses are causing a lot of
noise and everything, the beep. What if we take away the buses?
MCCRARY: Take away the buses, that's a good thing. Take away the buses,
but now then we're going to have the employees. We've also had a problem with the
employees coming in there, which that's not as big a deal. But I think particularly any of
you that are in contracting or big construction, when you put a gravel parking lot down,
this causes, when people come on it a really yucky noise where that Okay, so we have
been disturbed by that. But we are reasonable people, okay. Beeping buses are a
nuisance, and we don't want to look at them. If you see those pictures, think about my
new house that hopefully one day you all will approve; and it's going to be two-story,
cause that's a small lot. I'm going to be looking down at buses, you know. So removing
the buses, that's a good thing.
The plants, those Podocarpus are not going to stop the view problems, you know; and I
did think that a year ago.
ALAMEDA: Follow-up?
DOMINGO: What if
ALAMEDA: Go ahead, follow-up.
DOMINGO: What if we paved the parking area where the buses park at this
time?
MCCRARY: But you'll still have the busing, you still have the bus problem.
Yes, if this goes through
DOMINGO: Okay. I mean you're talking, you're referring to the workers who
work there.
MCCRARY: Yeah.
13
DOMINGO: What if we pave that?
MCCRARY: Oh, for the workers to work there, absolutely if that can happen. I
don't like the rock noise. Okay?
DOMINGO: Okay, now we'll pave, we'll concrete the area where they park.
Now what would be your take on that?
MCCRARY: If the buses were not there and
DOMINGO: Okay, we take away the buses.
MCCRARY: And the employees came in with a paved parking lot, that's okay.
But how about
DOMINGO Okay. And then we have the workers come in and park there.
Okay
MCCRARY: Yeah. That would be quieter, that would be okay. Then you still
have the traffic coming and going.
DOMINGO: But that would be acceptable to you?
MCCRARY: I think, what do you think, Jeff-?
NOMURA: Microphone.
MCCRARY: Oh, you can't sit over there and talk.
JOSEPH: Never mind.
MCCRARY: The busing, beeping buses and the coming and going at all hours at
night is the problem, and the gravel noise. So I believe, speaking on the fact that he can't
be up here now, is that employees coming and going if you
DARROW: Mrs. McCrary, could you please your microphone.
MCCRARY: Oh, I'm so sorry. I'm so sorry. Employees coming and going with
a paved driveway would be acceptable, I think, if the buses were gone. But remember
we've got a clear history here up to ten days ago, they're not going to follow the rules, I
don't believe. I mean we've done everything, including the one screaming fit I had about
it. So that's an issue. And am I going to be having to police this two years from now.
DOMINGO: Well, what if the Multiple-Family Residential units are built there?
MCCRARY: Multiple-Family Resi-?
14
DOMINGO: Residential units?
MCCRARY: You mean like a condo or like a
DOMINGO: Yes.
MCCRARY Yeah, that is at least in the, I would certainly want a rockwall or
something in there. I wouldn't want a
DOMINGO: How high?
MCCRARY: How high? As high as you can get it. You know, as high as you
can get it.
DOMINGO: You know, I'm not being facetious but you said that, you know,
when you build your new home and
MCCRARY: Oh, you've got to look down over that, yeah.
DOMINGO: You're looking down and you're looking at the Podocarpus trees
that that is an unsightly situation for you. So, you know, I'm asking you if multiple
family residential units are put there So what you're saying is you want the wall to go
as high as the unit itself so that you won't see anything but just a blank a wall right in
front of you? The moment you open your window you see nothing but a wall?
MCCRARY: I know, and I'm not sure that that's an answer either. You know,
I'd rather this just go away; and I don't think it's going to.
DOMINGO: So you want, what you're saying is that you don't want anything at
all there, with the exception of what's there today?
MCCRARY: If this moves forward, there has got to be something there, you
know, to separate the property so that we don't have to look at that. It's not going to
address me looking down into the area. If the buses aren't there, that's a major, major
problem that has gone away. Buses cause beeping and they cause diesel or fumes, I don't
know whether it's diesel, but they cause the fiunes which rise. That's the major thing.
I'm not
DOMINGO: Thank you very much.
MCCRARY: Okay. Did I answer I mean, I hope I did.
DOMINGO: Yeah, you did.
MCCRARY: Yeah, okay.
15
ALAMEDA: I'd like to make note, just for the record, that the exhibits that you
shared with us it went from A to Z, and then AA and then BB. So I'd like to submit
those Exhibits A to Z and AA and BB for the record.
MCCRARY: Okay, so you're going to keep those?
ALAMEDA: No, you can have them back.
MCCRARY: Okay.
ALAMEDA: There are a lot of pictures.
DOMINGO: Excuse me, Mr. Chairman, may I?
ALAMEDA: Sure, Mr. Domingo.
DOMINGO: You know I noticed a majority of those pictures have been taken
on a given day, on a Sunday morning, on a Sunday.
MCCRARY: Yes.
DOMINGO: And the other date I noticed was 9/22
MCCRARY: Monday.
DOMINGO: Monday, October 22"d, Monday.
MCCRARY: No, 9/22, ten (sic) days ago.
DOMINGO Okay. So what we're looking at is two instances where the buses
have been parked there and
MCCRARY: The buses continued to be park there until
DOMINGO: Every day?
MCCRARY: No, no, no. No, these were the two instances that I caught. I'm
usually gone, okay? I don't know, I don't think that they come every day. I mean I don't
think these people are trying to do this. What I pointed out by bringing this to you is that
if you think you're going to set down rules that's going to be followed I don't think so,
you know. Mr. Usagawa told me that, oh, well, you know, there will only be allowed to
operate their buses from 8:30 in the morning until 4:30 in the afternoon, Monday through
Friday, or whatever it was. I don't think that's, I don't think they're going to listen to
that because they haven't listened all along. You know, it took me six months to get
them to go and talk to the planning people, you know, but it just continued on.
16
ALAMEDA: Commissioner Domingo?
DOMINGO: Well, you know, I kind of
ALAMEDA: Do you have a question for her? Could I let our testifier go or do
you still have questions?
DOMINGO: Well, just in response to what she said, you know, I kind of
question about the ability of the Planning Department being able to enforce these rules.
You know, they've been diligent in trying to do what they can; and it brings me back to a
situation where a special permit was issued and there are constantly being infractions
with regards to performance of the conditions. You know, they were asked to pay a fine
every day; and as I calculated it probably would have amounted up to $40,000 of fine for
infraction of one item on that special permit. So, you know, as far as the Planning
Department being able to do it, there are ways in which it can be done and it is done. So,
you know, I don't question their ability to enforce the conditions that we imposed
through any kind of a land use matter.
MCCRARY: And I certainly didn't mean to say that they had not being doing
their job because I think Mr. Usagawa was very, very responsive to me. You know, we
try not to be, we have tried to be, complain when the complaints were appropriate and
photographed when it was appropriate, and tried not to get to the point that nobody would
listen to us, you know.
ALAMEDA: Ms. McCrary, I was just informed by our staff that we do have to
keep those pictures.
MCCRARY: Okay, that's fine.
ALAMEDA: Is that okay?
MCCRARY: Yeah, that's fine.
ALAMEDA: All right. Thanks.
MCCRARY: Now will they be at the County Council?
ALAMEDA: Mr. Darrow, what happens with the pictures?
MCCRARY: Those pictures cost me fifty bucks.
ALAMEDA: That's a lot of pictures.
DARROW: They will be with the file which I believe is transferred.
17
ALAMEDA: Goes up, it's transferred.
DARROW: Yeah, but I'm not sure about that. Oh, it may not, it may stay with
us.
ALAMEDA: Mr. Yuen?
YUEN: Let's make a colored Xerox of her photos and have them available
for her to pick up her originals later.
DARROW: Okay, will do.
MCCRARY: I have one letter, I have CDs with me if you'd like those.
YUEN: Or if you have a CD we can, we can print a colored copy of it and
return her originals to her, yeah.
MCCRARY: Off of the CDs, okay that's fine. That way I have them available.
YUEN: Because normally the entire file is not sent up to the County
Council.
ALAMEDA: Oh, all right. Thanks for that clarification. It's good to know.
That is a lot of pictures. So we want to let you go.
MCCARY: Yes, and I'm sure, I'm sure you do. Thank you very much for
listening to me; and I appreciate your efforts at looking at this fairly.
ALAMEDA: We will. Thank you for your testimony. Thank you for your
preparations. I'd like to call up one more testifier. Can I ask Dorothy Hirowatari, please
come forward. Mrs., I'm going to ask you to, Ms. Hirowatari, can you raise your right
hand.
HIROWATARI: Yes.
ALAMEDA: Okay. Do you swear or affirm to tell the truth now before the
Hawaii County Planning Commission?
HIROWATARI: Yes.
ALAMEDA: Thank you. Mrs. Hirowatari, go ahead.
HIROWATARI: I'm a realtor by trade and I own that two parcels.
WATANABE: Mr. Chair?
18
ALAMEDA: Yes?
WATANABE: For the record, name, address?
ALAMEDA: Oh, thank you, Commissioner Watanabe. I forgot to ask you,
Mrs., can you state your name and address for the record?
HIROWATARI: Oh, my name is Dorothy Hirowatari. I now occupy the back
home.
ALAMEDA: Your address?
HIROWATARI: It's 556A (Hinano Street); and 556 I'm trying to renovate it and do
things.
ALAMEDA: Okay. Let me ask our staff. Do we need a Zip Code and
everything? Is that okay, 556A?
NOMURA: Yes.
ALAMEDA: Okay, we're good. All right, go ahead.
HIROWATARI: I know a lot of you on board here and I was impressed with, you
know, your comments. But right now not only the buses do have this beeping sound. My
daughter has an SUV, a Ford, and they fixed it so even she has a beep on her And if
you don't look out you might just see a truck, really. You know, but with what I see
going on, you have ways of doing things, like putting up a firewall and using all that
parcel; and the County cannot stop, you know, us. You look at Hank Correa's building,
that's a frrewall. He doesn't have any windows, the back and sides; and he has got it all
in the front. I congratulate him. I inherited, you know, I bought these properties on 600
Kinoole which is my office; and that had a firewall because of the comments of the
Fernandez family; and I'm not allowed to put any. So maybe she should do that. You
know, we can't just turn somebody down for getting a zoning. We have to do a lot more;
and it's not easy for what we do in this world.
Well, also, I want to give you a comment. I think the applicant is more trying to get the
one zoned more towards Manono Street area. But her father and mother for years owned
four, I would say approximately four or five parcels. They had junk homes over there.
And I don't know if you folks can help on this matter. I was hearing this bulldozer
operator going out on Sundays. That's when nobody is working, the County is, you
know, gone maybe to Kona for more work, but I'm not angry as to what went on. But I
think there should be some injunctions to clarify what Andrew said. Things are, you're
giving the approval and they come in for some work, you know, and then you're faced
with people bulldozing the land. And I never had chance enough to go and ask if they
came in to get a permit.
19
I can be a developer, I can use, you know, somebody's license to do the work and then
blame the guy for not doing his work. I'm very much angry because all these years that
properties adjoining her parents were bulldozed, left high with tall trees, bad trees coming
into, you know, my friend's property which I now control. And then when they were
done the last time, I said to the bulldozer operator, "Isn't that a cesspool?" And it's close
by, many years built, grandfathered. And he says, "yeah." I says, "Well, could you as a
bulldozer operating go back to whoever you're working with and let them know that I'm
concerned this is going on?" And I don't feel like I'd like to be on the wrong side of the
Hara or Nekoba family.
ALAMEDA: So, tell me, do you have any other comments regarding this
application?
HIROWATARL Well, I would personally think that before you, if these people do
things, you have guidelines, that you must work with their engineers on this.
ALAMEDA: Okay.
HIROWATARL I don't intend to have my friend, Planning Director, go and do all
this work.
ALAMEDA: Okay.
HIROWATARI: You folks as lay people appointed have to help and make sure
batteries are buried, cesspools that was brought out, and it has to be like I had gone
through as a realtor, get the owner to take out all the trash in there, backfill it. And my
husband made a bad example. You know, I didn't know this until I went back to the
planners and they told me "George not supposed to do that. He's supposed to dig it all
out and have the inspector go in and check it out." I don't think those things were done.
ALAMEDA: All right, any other comments before I let you go?
HIROWATARI: I probably opened a can of worms.
ALAMEDA: That's okay.
HIROWATARL But I think these are the concerns in not only zoning, agreeing to
any kind of zoning, but there must be some good and bad parts. When this lady
complained, I think you folks should have told her that she could have put a firewall.
And you folks are listening. And then the other day I was watching the tourists walking
around and they going, walking towards Big Island Candies. I don't think there was a big
bus. It must have been just a min-bus that stopped there and they jumped out, they go I
think to Atebara maybe Potato Chips, and then they walk on the sidewalk and then go
to But I didn't stop and ask them, I could've.
20
ALAMEDA: How you say, "aye, sos, Maria." That's how you say it, huh?
Anyway, we're going to let you go now. Thank you. Any questions for our testifier?
Okay.
HIROWATARI: But you cannot just rezone.
ALAMEDA: We hear you, we hear you.
HIROWATARI: Okay?
ALAMEDA: We're going to let you go. Thank you.
HIROWATARI: You need to kind of worry about the aftermath.
ALAMEDA: Ma'am?
HIROWATARI: When you buy lot of
ALAMEDA: Ma'am? Time out, time, time. We've got to stick to the merits of
this application or else we're going to go way off track. So I'm going to ask you for any
last comments for this application only, and not going off on tangents. Do you have any
other comments for this application?
HIROWATARI: I approve any kind of development provided they stick to the rules.
ALAMEDA: Okay.
HIROWATARI: But when you cannot do the in between, that's what I'm here to
talk about.
ALAMEDA: And we hear you.
HIROWATARI: It's not fair.
ALAMEDA: And we heard you. Thank you so much.
HIROWATARI: I don't want to, I don't want to, excuse me, sir. I don't want to be
in this world, yeah I'm seventy something years old. I've been in business for almost
40 years. I don't want people to take advantage of me. I don't want to take advantage of
them. I sleep every night.
ALAMEDA: Okay. We hear you.
HIROWATARI: And it's important that you folks sit on this Board and yet be able
to go out and help the other agencies within the system to correct this before it gets out of
hand. I don't want to live next door and I get these toxic fumes.
21
ALAMEDA: Okay.
HIROWATARI: You should see what they have done now. Do your home work.
See if they had gone and applied for grading. You've got a lot of agencies. We pay a lot
of taxes for these kind of quality work.
ALAMEDA: Okay. All right, thank you.
HIROWATARI: Thank you.
ALAMEDA: Thank you for your testimony.
HIROWATARI: You want me to write it down, what I gave you?
ALAMEDA: No
HIROWATARI: I can give it to you after.
ALAMEDA: No, everything is documented and recorded.
HIROWATARI: Thank you.
ALAMEDA: Yeah, it will be in the transcripts. Thank you. All right, any other
testifiers? Seeing none, I'd like to take a five-minute recess, if that's okay. There's no
objections? All right, five minutes.
RECESSED The Chair called a short recess at 10:04 a.m.
RECONVENED The meeting reconvened at 10:13 a.m.
ALAMEDA: All righty, well, we heard testimony from Mrs. McCrary and
Mrs. Hirowatari, more than we wanted to probably. That's okay. Anyway, we'd like to
call up the applicant or representative again. Mr. Lim, I know you've sat back there and
listened to the testimony, and hearing the reactions back and forth. How about you share
with us your thoughts at this moment?
LIM: Thank you, Mr. Chairman. As we stated, and I think maybe for
Mr. Joseph and Ms. McCrary, I wanted to make it clear that the proposed rezoning is not
going to let them park the, what we call the mini buses, those tall ones that you have the
pictures of You know, the picture that they showed, I think the last set of pictures
showing the three or four mini buses parked up on the property, that was way back in
2006; and that was what resulted in the notice of violation. So those are all gone. Those
are all now parked at Silva Street. So you won't see those parked there. You know, the
only reason why we can figure out why they were there just recently was that someone
22
was picking up something and it wasn't a situation that they were, you know, trying to
use the area for the, what we'll call a baseyard use.
ALAMEDA: Mr. Director?
YUEN: Yeah, could I just jump in with
ALAMEDA: Sure.
YUEN: With some clarification of permitted uses on the site. The CN
rezone would permit a number of things, including office use, including retail
establishments. And there's quite a range of things that will be permitted. It would not
allow a commercial parking lot and garage. And it would not permit, there are other
similar kinds of uses. The word, the exact term for a bus baseyard is not in the Zoning
Code. Another close thing is transportation terminals. So you can't, you can have
vehicles that are, you can park vehicles that are accessory to a permitted use. For
example, if you had a retail establishment you could have a delivery van or you could
have a truck which you use to pick up things from the dock to bring to your store. But
say you had an office or a trucking company in a CN zone, you couldn't park all the
trucks for the trucking company in the parking lot. A CN zone, the purpose of, it's useful
sometimes to look at the purposes, besides the permitted uses. But it's commercial
activities which shall be such a size and shape as will accommodate a compact shopping
center which supplies goods and services to a residential or working population for a
frequent need or convenience basis. This district is distinguished from a central
commercial district which provides general business and broad services to a city or a
region. So the actual, you know, a baseyard for parking buses, a trucking parking area, is
potentially a CV zone, potentially a CG, potentially a, but best actually, best is in an ML
zone. And they do have a parking area or they do have a baseyard area on Silva Street on
an ML zone.
Now that being said, we had a discussion, and I think Mr. Lim understands that, and that
they would be parking the buses elsewhere. But then we had a discussion about the fact
that they live on the property and they have vans that they also registered. And why
don't you talk about that for minute.
ALAMEDA: Mr. Lim?
LIM: Right now when you go to the property you will see two, I think
they're 10- or 12-passenger vans. They're like, you know, like one of those white vans
that you see out here, the delivery vans. And those are owned one by Dien Nekoba and
one by Cindy Nekoba, her daughter. So they use those for personal, you know, go to the
store and those types of things; and then part-time they use those for passenger vans for
the tours if they're needed. The most, I guess the biggest, the largest bulk of their
business comes in off of that mini bus that they have now stored down at Silva Street.
There's, I think, five of them at the present time.
23
ALAMEDA: Follow-up?
YUEN: And we would look at that as basically okay while they were living
on the property. And to give an example of this similar kind of accommodation, if a
plumber has a van that has, you know, Al's Plumbing on the sign, the plumbing company
is full of plumbing equipment, and the person takes it home and parks it at their home in
an RS zone, we do not cite people for that kind of usage. It's a vehicle that they use at
work but they also, it's also used as a personal vehicle that they may drive around in or
they may go to and from work. So we don't look at that as a violation even in an RS
zone. So I don't think we need to say anything specifically in the zoning conditions
about that kind of usage. But it needs to be, I think we do have an understanding here on
the record that the CN zoning does not authorize the use of the site as a baseyard for
buses.
Then on the other issue, on the issues, you know, we did have complaints, we did cite the
complaints and they did establish a baseyard in an ML zone for the buses as a result of
the complaints. I don't look at that as a failure of our enforcement process. If there were
other violations then we, if we have other complaints we will follow-up on those and
investigate it and see if there was a violation.
And then the final thing I did want to mention though that there has been this discussion
of the, and this is a recurrent thing in the Waiakea House Lots area, a conflict between
commercial and residential uses. The General Plan does identify the area as Medium
Density Urban which opens the opportunity for commercial uses, that passed the County
Council. There's also a course of action in the General Plan that talks about Kekuanaoa
Street being a site for a future commercial development; and that also passed the County
Council in 2005 as a specific course of action.
ALAMEDA: Mr. Lim, response?
LIM: I guess it's finally, we'd like to give the Planning Commission the
applicant's commitment that they understand fully the ramifications of any of those mini
busses coming onto the property. So we're going to take additional steps to make sure
that that doesn't happen. We'd ask for your support of this rezoning. I think
Mr. Watanabe has a question.
ALAMEDA: Okay. Sure, Mr. Watanabe, question for Mr. Lim or the Director?
WATANABE: Yeah, I have a question for Mr. Lim. Earlier I asked if you would
agree or the applicant would agree to limiting subdivision or resubdivision to two parcels.
And another thing has come up, maybe we can just change the zoning to CN-15 or
something like that which automatically states that, given the lot size.
LIM: We could agree to the first where there'd be no more than two lots
on the rezoned property. We couldn't agree to the second cause that would require us to
reprocess the whole application.
24
WATANABE: Oh, oh, I see. Okay, and then the cross easements are not an issue
and also the Hinano Street improvements are not an issue? Those are all acceptable
conditions?
LIM: Yes, we'd ask that the Hinano Street curb, gutter, sidewalk be
deferred until we redevelop the property, as noted in our proposal. But all the others are
acceptable to the applicant.
WATANABE: Thank you.
ALAMEDA: Okay, any other follow-up?
WATANABE: Okay, thank you. Follow-up for the Director, given the feedback
we've just gotten from the applicant's representative, would you be able to restate maybe
Condition, I guess that will be D, yeah; and I don't know if you're going to add a new
condition for the maximum two-lot zoning.
YUEN: Well, first we recommend the Hinano Street improvements be
required. The second is that we are willing to recommend substituting for D that the
applicant shall either consolidate Parcels 25 or 26 prior to receipt of final plan approval
for any development on the property or shall establish cross-easements to permit a traffic
circulation between TMK Nos., and insert the two TMK numbers that would be
implemented in connection with any construction of new buildings or any subdivision of
the properties. Any access points other than the existing driveways shall meet with the
approval of the Department of Public Works. And then add a condition that no more than
two lots shall be created from the subject properties, and insert the two TMK numbers.
ALAMEDA: Commissioner Watanabe, follow-up.
WATANABE: Just for clarification, you indicated you would recommend the
Hinano Street improvements, but as submitted I believe the wording says deferred until
future development then. And are you in agreement with it as it's constructed?
YUEN: No. We would support the request of the Public Works
Department. And given that this is a rezone of the property that does allow a significant
amount of commercial use, and this is a comer property, and we're not creating a
situation where there's a sidewalk that doesn't connect to anything else, we still would
recommend that the Hinano Street improvements be required.
ALAMEDA: Okay. Follow-up? Commissioner Watanabe.
WATANABE: Because we had such impassioned testimony, I If there's no
other questions I would move that we close the hearing.
25
ALAMEDA: Are there any other questions for Mr. Lim? Also for the public and
for the testifiers, and the applicants, we only get to make a recommendation at this level,
and then it goes up. You know, cause we have a bunch of personalities here, but then it
goes up to the County Council and they have a bunch of personalities, too. So it's going
to be a process, okay? So just so you know. No further questions, then I can ask
Mr. Lim if, can Mr. Lim stay there? Yeah?
YUEN: Yeah.
ALAMEDA: Okay. Then we'll go ahead and close the hearing.
WATANABE: I move to close the hearing, public hearing.
WOODWARD: Second.
ALAMEDA: All right, those in favor say aye?
COMMISSIONERS: Aye.
ALAMEDA: So noted. All right, anybody care to entertain a motion?
Commissioner Watanabe.
WATANABE: I move to forward a favorable recommendation to the County
Council for Change of Zone Application REZ 07-000071 with the revised Condition D
which addresses either the consolidation of Parcels 25 and 26 or establishment of cross-
easements, as well as the limitation of resubdivision of those parcels into no more than
two lots, and also with the addition of Condition F which requires the improvements to
the frontage along Hinano Street, and the renumbering of the remaining conditions.
ALAMEDA: Is there a second?
DOMINGO: Second.
ALAMEDA: Motion made by Commissioner Watanabe and seconded by
Commissioner Domingo. Discussion? Commissioner Iwashita.
IWASHITA: Thank you, Mr. Chair. I speak in opposition to the motion. In that
regard, I'd like to actually cite the rationale that is quoted in a later matter we're hearing,
but basically it's this:
The proposed rezoning action for a Single-Family Residential to
Neighborhood Commercial is not consistent with the applicable goals, policies,
standards and courses of action of the General Plan for this area. In order to
consider an area for any type of zoning designation, the zoning amendment needs
to be consistent with the applicable goals, policies, standards and courses of
action of the General Plan. The current use of the property is consistent with the
26
goals, policies and standards of the Land Use (Single-Family Residential)
Element of the General Plan and should not be amended. The location of the
designated single-family residential lands in this area is important in that they are
located in close proximity to centers of employment, shopping and other
conveniences, and have the basic improvements and amenities necessary for
development.
The Land Use and Commercial Elements require that a change of zone
request be evaluated for a particular area in relationship to the following goals,
policies, standards and courses of action:
Land Use
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Zone urban- and rural-types of uses in areas with ease of access to
community services and employment centers with adequate public utilities
and facilities.
• Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
• Encourage the development and maintenance of communities meeting the
needs of its residents in balance with the physical and social environment.
Zoning request 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.
Commercial Development
• 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.
• Commercial facilities shall be developed in areas adequately served by
necessary services, such as water, utilities, sewers, and transportation
systems.
Distribution of commercial areas shall be such as to best meet the
demands of neighborhood, commercial and regional needs.
• Encourage the concentration of commercial uses within and surrounding a
central core area.
The request is contrary to the Land Use goals and policies of the General
Plan. 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 lands for residential use, commercial and
visitor services, industry, agriculture and open space. Land Use is one of the
27
principle focal points of public concern and policy. The Land Use element, which
also includes a Commercial sub-element, provides the basis for control and
guidance of public and private resources.
The request is not consistent with the Land Use - Commercial
Development goals and policies of the General Plan, which state:
• Encourage the concentration of commercial uses within and surrounding a
central core area.
• Provide commercial, and in this regard I would point out that the applicant
has already established its business in other properly zoned areas. There is
no eminent need for this zoning change. Provide commercial
developments that complement the overall pattern of transportation and
land usage within the island's regions, communities, and neighborhoods.
The proposed request fails to address the fundamental problems associated
with the development of commercial property in this particular area, which is the
inability to establish an effective land use pattern. And you look at the map, I
would suggest at this point, and there is really You know, it's a map; it shows
basically spot zoning going on at, you know, with the authorization of this body
and the County Council in the recent past. The effective land use planning
requires a regional perspective towards establishing a proper land use pattern
within a given area. The proposed request would be better located and already is
located within established commercial-industrial areas, which are located within
close proximity to the property, or within other commercially-zoned sites, rather
than spreading into residential neighborhoods not planned for such commercial
uses.
Another consideration is the potential for encouraging strip commercial
development should the request be approved. Approval of the request may attract
the "in-filling" of lands between the established commercial areas by other
commercial developments or could extend commercial development further, in
this case, east and west, creating strip development in this area. Such strip
development would create rapid growth increase in adverse impacts to traffic, as
one testified, expressed, as multiple access points would be required for such
developments along Kekuanaoa Street.
The words I've just read basically comes from the Department's recommendation for an
unfavorable recommendation in Item 3 on our agenda today, but the words fit this case.
But in this case we have a different recommendation.
The last paragraph I'm going to read, "Therefore, from a land use perspective, to allow
higher density commercial uses through the CN zoning in this area would be
inappropriate at this time, in my mind, especially because the applicant already has
adequate facilities that services its business needs. Allowing this change of zone would
undoubtedly serve as a precedent for future rezonings for commercial uses along
Kekuanaoa Street in this area. Based on the above, the CN-10 zoning is not appropriate
for this property.
28
The distinction that the Department is making between this application and the one on
Item 3 is that the one on Item 3 the LUPAG designation is Low Density Urban; and in
this it is Medium Density Urban. And just as a historical footnote, I would point out that
that designation, Medium Density Urban for this area, was made in 2005 basically in, and
I regard, a stealth manner. It was not, up until that time the community, at the
community's specific request Low Density, it had been previously Medium Density
Urban. And when all of the hoopla occurred on, Jeff, can you help me, the name of that
street by the Civic
DARROW: This street here?
IWASHITA: No, no, the one that goes by the Civic towards Kanoelehua.
DARROW: Piilani.
IWASHITA: Piilani Street. Thank you, Jeff. When that zoning change came
up and those businesses came up and there was considerable neighborhood uproar about
that, the zoning was changed from Medium Density Urban to Low Density Urban. The
neighborhood did not come back and ask for an increase in the Medium Density Urban
back in 2005. It's something that happened. And now we're having, if it didn't happen
we wouldn't be dealing with this today. If, you know, but it did happen and so we're
dealing with this.
But at the same time in 2005 what happened in the General Plan amendments was the
implementation, the planned implementation portion of the General Plan, 15. 1,
Community Development Plans; and this is really the process that should be followed
before any action like this should be taken. The Community Development Plans are
intended to be a form for community input into managing growth and coordinating the
delivery of government services to the community. The Community Development Plans
will translate the broad General Plan statements to specific actions as they apply to
specific geographical areas, i.e. house lots. A Community Development Plan should
direct physical development and public improvements within a specific area. You know,
this is real nice word, idealistic words, right?
And my point is that these words should be implemented, that if we want "preferred
future" if we want something other than the strip mall development that the Department's
adverse recommendation comments are bringing up in Item 3 that I read earlier, then this
is what should be done. This is the process we have. The Community Development Plan
may contain detailed land use and zoning guide maps, plans for roadways, drainage,
parks, other infrastructure and public facilities, architectural design guidelines and
when you're going to have lots of mixed uses in an area like House Lots that we're
envisioning, those are the kinds of things that really should be addressed; and we have
absolutely nothing in the conditions about these things - planning for watersheds and
other natural features, and any other matters relating to the planning area.
29
I thank the Commissioners and the public for your indulgence in ascending to my making
a record of this; but I think very appropriately in this case that we have, in my mind, very
contradictory recommendations being made by the Department on two separate matters
in this. But when you read the words, you read these words about an adverse
recommendation, there is no way to distinguish this case from the one we have on an
adverse recommendation. Thank you, Mr. Chair.
ALAMEDA: Thank you, Commissioner Iwashita. All right, any other
comments? Commissioner Woodward?
WOODWARD: Yeah, I have a couple of problems with this application. And part
of it is that we have a situation where the people have another site for their business.
There have been citations for illegal use of the property. We have resistance from the
only neighbors we've heard from, and I don't see really a clear reason why they
absolutely have to have this property rezoned to forward their business interest.
LIM: Excuse me, Commissioner. I'd like to make a statement, it's
something that was also said by Mr. Iwashita, too. But the Silva Street property that we
have a lease on for the baseyard use doesn't allow the present business. It's two separate
things, a baseyard use where the buses are and the commercial office use for the tour
operation that we're using it as. So there is really no alternative.
ALAMEDA: Commissioner Iwashita, promise me you're not going to take the
same amount of time we just took (jokingly).
IWASHITA: Well, it depends on Mr. Lim's response. I was going to ask
Mr. Lim
ALAMEDA: Well, actually, the hearing is closed and we did take a vote on that.
And that's why I was a little bit nervous to let the applicant's representative actually sit
there.
IWASHITA: Okay, so point of order, your honor. Then I agree with the Chair's
ruling that it's closed, so the record is a record.
ALAMEDA: Okay.
IWASHITA: Thank you.
ALAMEDA: Thank you. Any other comments or All right. Well, we have a
motion on the floor right now, by Commissioner Watanabe, and it was seconded by
Commissioner Domingo. And seeing no further questions, I'd like to ask Mr. Darrow for
the call.
DARROW: Thank you, Mr. Chairman. Before I begin with the roll call, I need
to get clarification from Commissioner Watanabe on the motion. The conditions that are
30
being changed are Condition D And do we, is it my understanding that we have a new
conditions regarding the condition
WATANABE: Oh, excuse me. The condition after is the same. Yeah, I misspoke.
So I was looking at the suggested, but we clarified that with the Director that he would
require those, he would prefer that those be required.
DARROW: Okay. Now Condition D requires either the consolidation of the
cross-easements, is the condition that requires the lot to remain two lots, is that a separate
condition or
WATANABE: Yes.
DARROW: Okay. So we have an added condition. So we have a revised
Condition D, and we have an added Condition E, and then we'll realphabetize all
conditions after that. Is that correct?
WATANABE: Yeah, that was the intent. Thank you.
DARROW: Thank you. With that I'll take the roll. The motion before us is to
send a favorable recommendation to the Hawaii County Council with a revised Condition
D, a new Condition E, and all conditions after that realphabetized. Commissioner
Watanabe?
WATANABE: Aye.
DARROW: Commissioner Watanabe?
WATANABE: Aye.
DARROW: Commissioner Domingo?
DOMINGO: Aye.
DARROW: Commissioner Iwashita?
IWASHITA: No.
DARROW: Commissioner Ogata?
OGATA: Aye.
DARROW: Commissioner Woodward?
WOODWARD: No.
31
DARROW: And Mr. Chair?
ALAMEDA: Aye.
DARROW: The motion does not pass, four to two.
ALAMEDA: All right. So that motion and the materials and the minutes and the
documents will all go up to the County Council?
WATANABE: No. We review it-.
TORIGOE: No
ALAMEDA: Oh, not. It doesn't? The recommendation doesn't go up still yet?
I mean the documents doesn't go up to the County Council, not yet?
DARROW: At this time the motion did not pass. So we still have time. I
believe the background and recommendation were just sent out 10/26. Okay, so we still
have quite a bit of time.
ALAMEDA: Oh, we do have-. Oh, that's right. So we'll see you guys again
then.
TORIGOE: Unless somebody has another motion to make.
ALAMEDA: Unless somebody has another motion, then.
TORIGOE: You have to have five votes.
ALAMEDA: Yeah. I don't think so.
WATANABE: Four-two, we're not going to make.
ALAMEDA: Yeah, so we have I think 90 days. Jeff, could you explain to the
public so people can understand how this works, now that it didn't get the five votes
either way?
DARROW: At this time, because the motion does not pass with five, with a
majority of the votes, for a favorable or unfavorable, we have a period of time, 120 days,
that we can take a revote. And so at this time we do have approximately a little less than
four months still left to be able to bring this item back on the agenda.
ALAMEDA: Okay, Mr. Watanabe?
WATANABE: Mr. Chair, I move that we continue this application to the next Hilo
meeting. Would that be agreeable to the applicant?
32
ALAMEDA: And just for the record, I think it's 90 days, yeah, Mr. Darrow?
YUEN: Yes.
DARROW: Ninety days, okay, I stand corrected. Thank you.
ALAMEDA: Commissioner Watanabe has asked that we put this agenda item
again on the agenda. For what, the next Hilo meeting?
WATANABE: Yes.
LIM: Yes, the applicant would agree.
DOMINGO: Second.
ALAMEDA: Okay. All right. So we'll put this on the agenda item for the next
Hilo meeting.
PUBLIC: I have a question
ALAMEDA: And maybe you can ask a question to the staff, sorry.
PUBLIC: Okay.
ALAMEDA: Any further comments?
DARROW: The next Hilo meeting is scheduled for December 7t°, for your
information.
ALAMEDA: December 7`}'.
WATANABE: We need to have a vote, right?
ALAMEDA: Okay, all those in favor for putting this on the agenda, next Hilo
agenda, all those in favor say aye?
COMMISSIONERS: Aye.
ALAMEDA: All those not in favor say nay? Seeing no objection, for the record,
it will be on the next Hilo agenda. And that will be Round 2. Okay, take care. Thank
you very much.
33
The discussion ended at 10:44 p.m.
Respectfully submitted,
~a~u• Kl1 VWY-.,un.i--
Sharon M. Nomura, East Hawaii Secretary
34
T
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
DECEMBER 7, 2007
A regularly advertised hearing on the application of DIEN-JUNG LIN NEKOBA
(REZ-000071) was called to order at 9:05 a.m. in the County of Hawaii, Aupuni Center
Conference Room, 101 Pauahi Street, Hilo, Hawaii, with First Vice-Chairman C. Kimo Alameda
presiding.
PRESENT: C. Kimo Alameda ABSENT & EXCUSED: Andrew Iwashita
William Graham
Takashi Domingo
Shelly Ogata
Alvin Rho
Rene' Siracusa
Rodney Watanabe
Rell Woodward
Ivan Torigoe, Deputy Corporation Counsel
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
And approximately 12 people from the public in attendance
APPLICANT: DIEN-JUNG LIN NEKOBA (REZ 07-000071)
Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to Neighborhood
Commercial 10,000 square feet (CN-10) for approximately 39,771 square feet of land. The
property is located along the south side of Kekuanaoa Street, between Manono Street and Hinano
Street, Waiakea House Lots, Waiakea, South Hilo, Hawaii, TMK: 2-2-36:25 and 26.
ALAMEDA: Good morning everyone. Okay, Agenda Item No. 1, I'll turn it over to
Mr. Darrow. Go ahead.
DARROW: Thank you, Mr. Chairman. Good morning, Members of the Planning
Commission. This is a continued action on this application. If I could give a brief background
for those Commissioners that weren't present at the last hearing.
At our last hearing there was motion made to send a favorable recommendation to the Hawaii
County Council with revised Condition D and a new Condition E. Subsequent to that meeting
we have passed out a revised, those conditions that have been revised. So those should be with
you folks at this time. The motion did not pass with four ayes and two noes. So at this time this
will be a continued action on this matter.
1
If I can direct the Planning Commission's attention to the location map, the area of this
application is within the South Hilo district. More specifically we are looking at Kekuanaoa
Street, Hinano Street, as well as Manono Street. For reference, Big Island Candies is located on
the corner of Kekuanaoa and Hinano Street in the area of this application. This application
consists of two parcels. Total square footage is 39,771 square feet. The parcel on the corner of
Manono and Kekuanaoa, we have a parcel that is 19,607 square feet in size which consists of an
existing two-story dwelling which is identified in yellow. On Parcel 2 which is on the comer of
Kekuanaoa and Hinano Street we have a parcel that is 20,164 square feet in size with a one-story
dwelling, which is also identified in yellow.
The applicant in this case, Dien-Jung Lin Nekoba, is requesting a change of zone from Single
Family Residential 10,000 square feet to Neighborhood Commercial 10,000 square feet. The
reason for this request is to be able to allow the continued use for her tour operation which is
called Green Travel and Tours, Inc.
At our last meeting we discussed the possibility of allowing sort of a bus baseyard on this
property; and it was determined that the storage of buses on the property with the new zoning
would not be allowed. So at this point they're looking to have their office space and to be able to
conduct their operation from their offices within the existing structures. The applicants at this
time store the buses on another site in an Industrial area.
We did have comments from the Department of Public Works asking for improvements along
the Hinano Street, curbs; gutters and sidewalks, as well as, they did not want the hedge on the
comer of Manono and Kekuanaoa to go above a height of three feet. Additionally, they wanted
no left turn signs placed at each entrance on Kekuanaoa Street.
The Planning Director is recommending that the Planning Commission send a favorable
recommendation to the Hawaii County Council. Additionally this morning, we have received a
letter of response from the applicants addressing Conditions D, E and F; and that should be
passed out to the Commissioners. Are there any questions?
ALAMEDA: Fellow Commissioners? Commissioner Siracusa.
SIRACUSA: So there will be no left-hand turns coming out of the property onto
Kekuanaoa. But how about, say, people traveling in the direction away from the airport,
crossing a lane of traffic to make left turns into the property? Will that be allowed?
DARROW: I believe that was the intention of the no left-tum signage. That would not
allow left turns to come into the property from Kekuanaoa.
SIRACUSA: Oh, so it's not, but anyone leaving the property could make left turns
coming out?
DARROW: I believe they could. The objective is so that it won't stop traffic on
Kekuanaoa.
SIRACUSA: By crossing a lane of traffic?
2
DARROW: Correct.
SIRACUSA: But the same thing would happen if somebody was coming out of the
parcel and making a left turn onto Kekuanaoa.
DARROW: It could happen. It could be that they just wait for it to be open and then
they take a left; but it's my understanding that the left turn sign is on
WATANABE: Mr. Chairman?
ALAMEDA: Commissioner Watanabe?
WATANABE: I think, I understand what you're saying Ms. Siracusa. But if they're
attempting to make a left-turn off of their parcel, they're only blocking traffic within their parcel,
so it's not a big issue. What Public Works is attempting to do is make sure the flow of traffic is
smooth along Kekuanaoa. Does that make sense? In other words you could have a vehicle
stopped at the exit and attempting to make a left-turn onto Kekuanaoa to head away from the
airport, but it wouldn't be impeding any traffic there because they're still on their own parcel.
SIRACUSA: Yeah, but the minute they crossed over an extra lane of traffic they would
be, that's what I meant.
ALAMEDA: Any other questions, Fellow Commissioners? All right, I guess we can
mull it over and think about it. Could I ask the applicant or its representative to please come
forward. Good morning, Mr. Lim.
LIM: Good morning, Mr. Chairman.
ALAMEDA: Please raise your right hand. Do you swear or affirm to tell the truth now
before the Hawaii County Planning Commission?
LIM: I do.
ALAMEDA: Thank you. So you've heard the discussion a little bit.
LIM: Yes.
ALAMEDA: You've got the recommendation. Any other thoughts?
LIM: Sure. With me today is Ms. Dien Nekoba in the green, Mr. Jung Kai
Nekoba who was here last time, along with Sue LeeLoy from our office. You know, following
the meeting at the last Planning Commission hearing we heard concerns by Theresa McCrary
and Jeffrey Joseph who are the homeowners located just to the bottom of the drawing on the
Manono Street side of the subject property, and they're long-time residents. So we decided that,
you know, it was a good idea to meet with them. So we've met with them following that hearing
and what, I guess, the results of some of those talks are on the one-page handout that we've
provided to you this morning; and the top of it says Dien Jung Lin Nekoba, REZ 07-000071. But
these include the Planning Director's new proposed conditions. k
3
The Ramsayered amendments that we've made to Condition D are just to make that paragraph
internally consistent such that either the consolidation of the Parcels 25 and 26 or the
establishment of cross-easements to permit traffic circulation between the two parcels would
occur upon construction of a new building. I think that was the idea that we were trying to reach
at.
Proposed new Condition E is the Planning Director's recommendation where because of the CN-
10 zoning they didn't want us to subdivide it into more than the existing two lots; and we're
agreeable with that condition. The proposed and revised Condition E is that we would provide,
this was our request, that we would provide the curb, gutter, sidewalk improvements along the
frontage of Hinano Street, which is on the right side of the drawing there, upon the construction
of any new dwellings, I mean, excuse me, new buildings on Parcel 26. We felt that until the new
buildings would be implemented that there would be no sense in putting curbs, gutters, sidewalks
on the existing property.
Then the last condition that we're calling the proposed new condition is based upon the
discussions with the adjacent property owners. Their main concern, I think, expressed at the last
hearing was that the proposed impacts by the commercial uses would impact upon their dwelling
and their proposed residence that they'll be building later on. So we met with them on the
conditions that we were proposing, and then we've given them a copy to review. I think Mrs.
McCrary is here today to testify also. It states that the applicant shall provide a solid wall not to
exceed 6 feet in height as a buffer along the common boundary of these parcels 126 and the
McCrary and Jeffrey Joseph parcel. I think that they're in agreement with that. She also
mentioned today that because of the deposit of gravel on the Nekoba Parcel 26 adjacent to their
property they're experiencing a little bit more water runoff. We believe that the construction of
the solid rockwall or solid wall, or whatever they do, will address the drainage issue and will
make sure that it channels the water back out towards the roadway. And I think that they also
talked about preserving a couple of trees along their boundary; and to the extent that the
Nekobas, I think the Nekobas have agree to that. I don't know exactly now which trees they are
but I think the parties understand which trees. So maybe having Ms. McCrary come up to talk
would help, too.
ALAMEDA: Sure. She'll testify. We have her name here so she'll be coming up
shortly. Commissioners, any questions for our applicant's representative, Mr. Lim?
Commissioner Watanabe.
WATANABE: Mr. Lim, we've received also newly worded conditions or revised
Conditions D, E and F from the Planning Department. Have you had a chance to review those?
LIM: Yes.
WATANABE: I believe essentially they say the same thing that your proposed condition
says with the exception of the new condition for the 6-foot wall. Are you in agreement with
that?
LIM: I think the Condition D is kind of like a wording change, and you can see
it on our sheet in the Ramsayer format. Condition E we're agreeing with. Condition F the
4
change is the timing change. We would construct the curb, gutter, sidewalks when we do the
new buildings and not right now. I don't think the Planning Director agrees with that proposal
but we think it's reasonable. And then the new one, of course, with the neighbors is the
rockwall, the solid wall. Whether it's rock or concrete, it will be a solid wall of some sort.
GRAHAM: I-.
WOODWARD: Mr. Chairman?
ALAMEDA: Let me go to Commissioner Graham and then I'll get you, Commissioner
Woodward. Commissioner Graham?
GRAHAM: Yes. Mr. Lim, on the application we read that the specific intention here
is to provide office space, parking for employees, and place for 8-10 passenger vans. How many
employees are you expecting to be in that office space?
LIM: At the present time we have three and I think that the proposed employees,
depends on the business but I think that they would probably go up to maybe six or so. As part
of the earlier violations and the concerns by Ms. McCrary they've moved all of their parking, I
mean their tour vans, the big buses off the property. I think one of the big issues was, you know,
they'll be woken up at night and then the morning by the backing up beepers of those big buses.
So those are all off the property. We've got a new industrial property that we store those
vehicles on.
GRAHAM: So we're talking about six employees, is that what you're saying?
LIM: At least for the short-term. This is kind of a long-tern issue for them.
They haven't determined what they're going to do in the future. But I think that the near-term
growth is between three to six employees, possibly more.
GRAHAM: Thank you.
ALAMEDA: Commissioner Woodward.
WOODWARD: Mr. Lim, I congratulate you on the fact that you have managed to take part
of the trouble out of our hands, and you've dealt with the problems; and that's very important to
us. The people that are applying have dealt with the property owners who have objected; and if
that objection has been taken care of, then I think you've done a very good job.
ALAMEDA: Thank you. Any other questions? Commissioner Siracusa.
SIRACUSA: Yes. Although one of the objections of Ms. McCrary was about the large
vans and the beeping noise when they back up and the fumes from them, that does not seem to be
addressed in any of the conditions about this property shall not be used as a baseyard or
something like that.
5
LIM: Those are, it's kind of a statement of the existing law and we've already
been cited for that. So the Nekobas are well aware of that. They can't have it. It would be a
zoning violation.
SIRACUSA: Okay. So you're saying it's not necessary to put that in as a condition?
LIM: I would think not. It's basically a statement of the existing law.
ALAMEDA: Follow-up?
SIRACUSA: I would like to ask Mr. Torigoe if he concurs with that evaluation.
ALAMEDA: Mr. Torigoe?
TORIGOE: Yeah, I think that's right. Since the Zoning Code is quite clear that that's
not allowed then it's not necessary to put it in this condition.
ALAMEDA: Thank you, Commissioner Siracusa for bringing that up. It's a good
thought. Any other comments before I turn it over to testimony? Okay. Mr. Lim, you have
anything else?
LIM: No, thank you. I'll listen to the testimony and come back.
ALAMEDA: Okay, thank you for your time. We do have Theresa McCray, McCrary?
MCCRARY: McCrary.
ALAMEDA: McCrary. Please come forward. Theresa, can you raise your right hand.
Do you swear or affirm to tell the truth now before the Hawaii County Planning Commission?
MCCRARY: I do.
ALAMEDA: Thank you. So I know you've been listening to the discussion. So what's
your thoughts?
MCCRARY: Well, basically
HAYASHI: Would you use the mike, please.
ALAMEDA: Oh, sorry, microphone. And one more thing, one more thing, name and
address.
MCCRARY: Oh, I'm sorry. Theresa N. McCrary, 630 Hinano Street, Hilo, Hawaii.
ALAMEDA: Okay.
MCCRARY: Basically from what we're understanding, and I'll parrot that in just a
moment, we basically are removing our objections. Our main objection, which I know you all
6
heard loud and clear last time was buses. And as I really got involved and learned about this, the
buses apparently are not the issue; and I apologize for not having understood that. There will be
no buses on that property and no backing beepers and that sort of thing; and I've been assured of
that. And I think that apparently is in the laws.
1 just want to make sure and, well, I would like you all to make sure because these are a lot of
new things for me to have to learn here, that as you're going through all of this that however this
property is subdivided, because I'm not real sure which way it's going to go here, that we just
don't want to, and I know, we don't want a strip mall appearance, okay. And I know the idea
here is of one piece of property or two pieces of property, and I think that needs to be addressed.
There are also, we brought up the problem, the situation of the drainage. It's not a huge issue but
I know that, and we have had problems with drainage. We haven't had a lot of ground, where
the water just stands on the ground. We haven't had a lot of rain here recently where the water
just stays there like it was a few years ago. But when we get heavy rains, it has, it does come off
of that property. Now we've got more gravel out there. Now will the rockwall take care of that?
Probably so but I just want somebody to, you know, in all this to really lookout for that. We,
years ago before Ms. Nekoba bought that property, without complaining or anything else, if
you'll look on our back end of our property there as it abuts on the Manono side of the property,
you'll notice that we've got a 3-foot ditch on the back of our property, which is sort of unusual in
that area, but a 3-foot ditch. And then there's also about a one-foot ditch going down the back,
in the center of the back half of our property where water, our water and their water, runs to
come off. So we already had a problem which we never complained about, never asked anybody
to work with, because we've got a ditch there. But we would like that, to make sure that's okay
there. And then that's really about it. How the traffic patterns go and all that, I don't know all
these things. You all know that this is a short small piece of property there that could be
dangerous. I'm sure you will do as you should on that. I believe that's addressed all my
concerns. The fact that they're leaving that old orange tree is a real plus, that old orange tree.
And that's all I really had to say.
ALAMEDA: Okay. Fellow Commissioners, any questions for Ms. McCrary?
MCCRARY: With the stipulation, I mean, I'm agreeing with everything that they've got
on the paper here.
ALAMEDA: Okay.
MCCRARY: Okay?
ALAMEDA: Great. Compromise can be beautiful. Thank you.
MCCRARY: Thank you very much.
ALAMEDA: Thank you for your time. Okay, Mr. Lim. Oh, you had a question?
WOODWARD: No, I didn't really have a question. I just wanted to say we appreciate
your input and it has definitely affected the way this project will be handled. So we do
appreciate public input. Thank you very much.
7
ALAMEDA: Yes. Very good. Mr. Lim?
LIM: I'd like to thank Ms. McCrary for working with us on this matter. I think
it has helped all the parties' relationships and we'll try our best to, in the construction of that
rockwall or the solid wall to mitigate the drainage issues. So we'd ask for your support.
ALAMEDA: Commissioners, any final questions before we ask for a motion?
Commissioner, great, Commissioner Graham? You had a question?
GRAHAM: Yeah, I just want to get a sense of what's likely to be on the ground there
in a couple of years if this goes through. I mean you've got those two buildings. That's a very
long, you know, fairly sizable parcel, and you're talking about three to six employees. So there's
a lot of terrain there that's going to be used for something. And part of that I guess is parking
these 8- to I0-pasenger vans.
LIM: No, not really.
GRAHAM: But can you tell me what it's all going to be like?
LIM: I think what you'll see probably for the next near-term, I would say next
three to five years, maybe just what you see there today. You know, they don't have any current
plans to develop. And the main idea is to get the zoning to enable them to run their commercial
tour business. Any storage of vehicles is not going to be allowed, you know, the tour vehicles. I
think there are only two vans at the most that go on the property; and those are their personal
vans that they use both for personal use and sometimes for tour uses. So they'll probably keep,
the house that's on Parcel 26 which is the one on the right-hand side, the Hinano Street side, is
currently being rented for some years by a tenant. They'll probably keep the tenant in there for a
while. So in terms of the next few years, you probably won't see any change. That's kind of
why we were suggesting pushing back the curb, gutter, sidewalk improvements until they built a
new building there.
GRAHAM: I see. And to follow-up, when you say basically they want to run the
business, does run the business just mean they have a little office, people park, they come in and
they work on their computers and on the phone, and that's to run the business, or something else
going on, too?
LIM: Probably pretty much that. We could use it now for office and storage
uses, and those types of things.
GRAHAM: Okay, thank you.
ALAMEDA: Very good. Commissioner Watanabe.
WATANABE: Mr. Lim, could you elaborate for me on this Condition F with regard to,
you know, the curb and gutters on Hinano Street. Was the Planning Director in agreement or
opposed to that?
8
LIM: The Planning Director was opposed to delaying the installation of the
curb, gutter, sidewalk. So if you see our proposed Condition F, the underlined portion is the
portion that we put in
WATANABE: Right, right.
LIM: Just to try to tie it to the construction of any new dwellings, any new
buildings.
WATANABE: Oh, okay. I appreciate your honesty in that. But in addition you did
indicate that in all likelihood the tenant who is currently renting that facility, which I assume is a
single family dwelling, will remain there and that condition will probably remain the same for
the next three to five years?
LIM: That's true, that's our expectation.
WATANABE: Thank you.
ALAMEDA: Any further questions? Commissioner Siracusa.
SIRACUSA: Yeah, I have a little bit of a concern abut the floating property line
between the two parcels, that you wanted to leave the option open, that when you did subdivide
you'd be able to shift it one way or the other somehow, depending on what the plans were. And
as we all know even though the application says they will retain the structures there's no
requirement to do so. As a matter of fact, the conditions allow for possible construction of
increased density housing on the parcel. So I'm sort of, I always feel like, you know, with these
change of zone applications that we're looking at one thing which may sound okay and yet down
the line anything horrendous could happen and we're stuck with it. I really wish that we could
just do, you know, special permits instead of zone changes on these kinds of parcels. I wish we
weren't limited to Ag parcels for that because it ties our hands a lot. And for me in a lot of cases
it means that whereas if it was a special permit kind of thing I would say, okay, let's go for it.
You know, we can always renew it in five years, blah, blah. But a change of zone is pretty much
carved in stone; and that gives me pause and that makes me consider a lot more, you know, to err
on the side of being conservative.
ALAMEDA: Thank you, Commissioner Siracusa. Any further questions for
Commissioner Watanabe.
WATANABE: I have one final question, Mr. Lim. You know, the current Condition E
which says "No Left Turn" sign shall be installed at each of the two existing driveways, your
understanding concurs with Jeff's understanding, Jeff Darrow's understanding, that it implies no
left-turns from Kekuanaoa? You're in agreement on that?
LIM: That's what we thought it meant, yes.
WATANABE: Okay, thank you.
ALAMEDA: Seeing no further questions, Mr. Lim, any final comments?
9
LIM: Just that we believe it's in compliance with the General Plan for the area
and we'd ask for your support.
ALAMEDA: Okay. All right. I'm ready to entertain a motion. Commissioner
Watanabe.
WATANABE: I'd like to move that a favorable recommendation be forwarded to the
County Council for Change of Zone Application REZ 07-000071 based on the Director's
recommendations and including the Planning Department's proposed new revised Condition D,
and also the new Condition E which limits these to two parcels, two lots, and new Condition F
which was proposed by the applicant's representative whereby construction of any new buildings
would predicate the full improvements to the entire frontage on Hinano Street, and a new
Condition G whereby the applicant shall provide a solid wall not to exceed six feet in height as a
buffer along the common boundary of TMK (3) 2-2-36: 26 and TMK (3) 2-2-36: 149.
ALAMEDA: Is there a second?
DOMINGO: Second.
ALAMEDA: Motion made by Commissioner Watanabe, seconded by Commissioner
Domingo. Discussion? I'd like to just remind the Commissioners, and the applicant, and the
testifier, this is a recommendation that we're making to the County Council. And so,
Commissioner Siracusa, I know that your concerns will probably be the similar concerns up at
the County Council. So we'll see how it all goes. Any discussion? Seeing no further
discussion, roll. Jeff?
DARROW: If I can ask Commissioner Watanabe for clarification?
ALAMEDA: Sure.
DARROW: On the Condition D
WATANABE: That would be exactly as we just received, yeah, the newly revised on this
yellow sheet
DARROW: The yellow sheet.
WATANABE: That the Planning Department provided.
DARROW: Okay. And then the Condition F?
WATANABE: Condition E would be the same.
DARROW: Okay.
WATANABE: Condition F I think the only revision there, and I realize the Director was
opposed to this, but it seems reasonable that we would only require full improvements to the
frontage of Hinano Street upon construction of any new buildings on Parcel 26, especially in
10
light of it being used as a single family residence right now. So I, in that regard I concur with the
applicant's representative. And, of course, the new Condition G was the agreement that they
have reached between the neighbors so that there would be a common wall no greater than six
feet in height.
DARROW: Thank you.
ALAMEDA: Mr. Darrow?
DARROW: Okay, we have a motion before us to send a favorable recommendation to
the Hawaii County Council with amendments, the Planning Department's revised Condition D
and the new Condition E, as well as the applicant's revised Conditions F and a new Condition G
having to do with the construction of a rockwall along the common boundary of the listed
TMKs. With that I'll take the roll. Commissioner Watanabe?
WATANABE: Aye.
DARROW: Commissioner Domingo?
DOMINGO: Aye.
DARROW: Commissioner Ogata?
OGATA: Aye.
DARROW: Commissioner Rho?
RHO: Aye.
DARROW: Commissioner Siracusa?
SIRACUSA: Nay.
DARROW: Commissioner Woodward?
WOODWARD: Aye.
DARROW: Commissioner Graham?
GRAHAM: No.
DARROW: And Mr. Chair?
ALAMEDA: Aye.
DARROW: The motion passes six to two.
LIM: On behalf of the Nekoba family, thank you very much.
II
ALAMEDA: Thank you.
The discussion ended at 9:36 a.m.
Respectfully submitted,
Sharon M. Nomura, East Hawaii Secretary
12