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HomeMy WebLinkAboutCOM 0297.000 2012-2014 40.1.,?!q+L''' Walter K.M.Lau tP•` �;��t Managing Director William P.Kenoi 't • •Mayor ` ' Randall M.Kurohara ?aV +. ► .' Deputy Managing Director County of Hawai`i Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 May 13, 2013 �o x9!▪ --ice — -<--4 V :>"< _q J Yoshimoto, Council Chair ! :r rn and Members of the County Council County of Hawai`i 25 Aupuni Street �`'� Hilo, HI 96720 Dear Chairman Yoshimoto and Members: Change of Zone Application(REZ 13-000162) Applicant: 1366 Kino`ole Partners LLC Request: RS-10 to CN-20 Tax Map Key: 2-2-025:portion 024 (formerly 2-2-025:032) As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Windward Planning Commission's letter and enclosures regarding the above-referenced matter. Sincerely, LA.5.7a)c-D-e=. William P. Kenoi Mayor Enclosures cc: Planning Department <e., 9)%) Comm. No. act-7 Ref. To: pG Ref. Date M 2 0 2013 County of Hawaii is an Equal Opportunity Provider and Employer. .... 7T6 Of M►� ' County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 gm, 1 J Yoshimoto, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application(REZ 13-000162) Applicant: 1366 Kino`ole Partners LLC Request: RS-l0 to CN-20 Tax Map Key: 2-2-025:portion 024(formerly 2-2-025:032) The Windward Planning Commission, at its duly held public hearing on May 2, 2013, recommended for your approval the proposed legislative bill for a Change of Zone from Single- Family Residential -10,000 square feet (RS-l0)to Neighborhood Commercial—20,000 square feet(CN-20) for approximately 5,202 square feet of land. The property is located on the south side of West Lanikaula Street approximately 240 feet from the Kino`ole Street-West Lanikaula Street intersection, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests to change the zoning district from RS-10 to CN-20 for an approximately 5,202-square-foot former railroad remnant. The former railroad remnant was formerly a portion of TMK: 2-4-057:001, but was recently acquired by the applicant from the State of Hawai`i and consolidated into TMK: 2-2-025:024. Currently, parcel 24 consists of 21,010 square feet of land zoned CN-20 and the 5,202-square-foot former railroad remnant which is zoned RS-10. There are no structures or other improvements situated within the remnant area, which currently serves as a grassed landscaped area Hawaii Counts i.s an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 accessory to the law office building located on the remainder of parcel 24. The applicant is requesting the change of zone in order to make the zoning of the former railroad remnant consistent with the rest of the parcel. The Change of Zone request from RS-10 to CN-20 will conform to the goals, policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of the County. In order to create an effective land use pattern, zoning districts and their associated uses should closely correspond to the General Plan Land Use Pattern Allocation Guide (LUPAG)map for the area. The LUPAG Map is a graphic representation of the General Plan's goals and policies to guide the coordinated growth and development of the County. The density that is allowed in an area should also closely correspond with the infrastructure that is available to support it. For example, multiple-family residential and commercial zoning would be more appropriate than single-family residential zoning in areas where there is adequate water, sewer, public services and roads because use of the existing infrastructure would be maximized by a larger population than if one residence where located on the property. The subject property is currently designated High Density Urban on the LUPAG Map and has been in this designation since the 2005 General Plan was adopted. This designation allows for commercial, multiple residential and related services. Thus, approval of the CN zoning request would allow for uses, such as the existing law office on parcel 25, that are consistent with the High Density Urban form depicted on the LUPAG Map. The land uses in the area are a mix of residential and commercial uses. The adjacent property to the south is zoned CN-20 and is the site of a kidney dialysis center. Properties across Kino`ole and Lanikaula Streets to the north and east are zoned RS-10 and are in single-family residential use. Properties to the west are zoned RM-1 and are mainly used for student housing. Approval of the CN zoning request would establish a more appropriate land use pattern by creating consistent zoning on parcel 25, rather than the property's current split or dual zoning district. All essential utilities and services are available to the site. Essential utilities such as County water, sewer, and electricity are already provided to parcel 25 to serve the existing law office. A commercial standard driveway currently provides access from Lanikaula Street to the paved law office parking lot. Police, fire and medical services are available in Hilo. These utilities and services will continue to be provided to the subject property(5,202-square foot remnant) since, due to consolidation, the remnant is now a portion of parcel 25. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 Based on the above, approval of the change of zone from a Single-Family Residential (RS-10) to a Neighborhood Commercial (CN-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map) is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, 2�ir.LCsu/ �' Wallace A. Ishibashi, Jr., Chairman Windward Planning Commission L 1366kinool epartners02wpo Enclosures cc: Thomas L. H. Yeh, Esq. Department of Public Works Department of Water Supply William Brilhante, Esq., Corporation Counsel tJa1 . COUNTY OF HAWAII STATE OF HAWAII ,•tab:; MS:'r�� . ',art os•M►.M . BILL NO. 88 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL—20,000 SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-025:024 (PORTION). 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 Hawai`i 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, Hawai`i, shall be Neighborhood Commercial—20,000 square feet(CN-20): Beginning at the north corner of this parcel of land, the west corner of Grant 10,124 to Chong C. Akana and on the southeast side of Lanikaula Street,the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI" being 3976.90 feet South and 6594.97 feet East, thence running by azimuths measured clockwise from True South: 1. 328° 10' 173.40 feet along Grant 10,124 to Chong C. Akana; 2. 58° 10' 30.00 feet along the remainder of the Abandoned Railroad Right-of-Way(30.00 feet wide); 3. 148° 10' 173.40 feet along Grant 8890 to Stanley Sims; 4. 238° 10' 30.00 feet along the southeast side of Lanikaula Street to the point of beginning and containing an area of 5,202 square feet. -1- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following condition is: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) 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. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval for Change of Zone Ordinance No. 99 158, or any amendments thereto. 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: . „ 6/A COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 297 -2- REFERENCE Comm. RS-10 R5-10 R5-10 RM-4 R5-10 RS-10 R5-10 R5-10 3,976.90'5 6,594.9T E . � "HALM" 1.? 20. CN 20 S1 R5-10 CN-20 RS-10 CN-20 SINGLE-FAMILY RESIDENTIAL-10,000 SQFT(RS-10) TO NEIGHBORHOOD COMMERCIAL-20,000 SQFT(CN-20) 5,202 SQFT TOTAL RM-1 Z s� RM-1 R5-10 RM-1 �o KS-1 Feet 0 125 250 500 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 SQFT (RS-10) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQFT (CN-20), AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMKS:(3)2-2-025:024(por.) DATE:FEB 26,2013 EXHIBIT "A" Kino'ole Partners,LLC Mao 1333 BKinoolePartnersREZ.doc 3/21/13 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT 1366 KINOOLE PARTNERS, LLC CHANGE OF ZONE APPLICATION (REZ 13-162) 1366 KINOOLE PARTNERS,LLC has submitted an application for a Change of Zone from Single-Family Residential 10,000 square feet(RS-10)to Neighborhood Commercial 20,000 square feet(CN-20) for approximately 5,202 square feet of land. The property is located on the south side of West Lanikaula Street approximately 240 feet from the Kino`ole Street-West Lanikaula Street intersection, Waiakea, South Hilo, Hawaii,TMK: 2-2-025: Portion of 024. PROPOSED ACTION 1. Applicant's Request: Change the zoning district from RS-10 to CN-20 for an approximately 5,202-square-foot former railroad remnant. The former railroad remnant was formerly a portion of TMK: 2-4-057:001,but was recently acquired by the applicant from the State of Hawaii and consolidated into TMK: 2-2-025:024. According to the Zoning Code, the purpose of the Neighborhood Commercial district is to provide strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. The CN district is distinguished from a central commercial district which provides general business and broad services to a city or region. Requirements for establishing a land use in the CN district, including a list of the variety of permitted land uses,are shown in Section 25-5-100 to 108 of the Zoning Code. (Planning Department Exhibit 1-Zoning Code Requirements for Neighborhood Commercial District) 2. Reason for the Request: Currently,parcel 24 consists of 21,010 square feet of land zoned CN-20 and the 5,202-square-foot former railroad remnant which is zoned RS-10. The applicant is requesting the change of zone in order to make the zoning of the former railroad remnant consistent with the rest of the parcel. (P.D.Exhibit 2 - Change of Zone Application) -1- Attachment to: Corm. 297 Bill 88 3. Landowner: 1366 Kinoole Partners LLC. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. General Plan LUPAG Map: High Density Urban. 6. County Zoning: Single-Family Residential-10,000 square feet(RS-10). 7. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. 1 on May 21, 1975 designates this area as RM-4. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The applicant has acquired a 5,202-square-foot remnant (30 feet by 173.4 feet), which was an abandoned right-of-way owned by the State of Hawai`i, (formerly a portion of TMK: 2-4-057:001), and has consolidated it with TMK: 2-2- 025:024. There are no structures or other improvements situated within the remnant area, which currently serves as a grassed landscaped area accessory to the law office building located on the remainder of parcel 24. 9. Surrounding Zoning and Land Uses: The land uses in the area are a mix of residential and commercial uses. The adjacent property to the south is zoned CN-20 and is the site of a kidney dialysis center. Properties across Kino`ole and Lanikaula Streets to the north and east are zoned RS-10 and are in single-family residential use. Properties to the west are zoned RM-1 and are mainly used for student housing. 10. Flood Zone: Zone X, an area determined by FEMA to be outside the 500-year flood plain. 11. Flora/Fauna Resources: No threatened or endangered plant or animal species have been observed due to surrounding urban development. Feral cats and chickens frequently occupy or move through the area. 12. Archaeological/Historical Resources: A formal archaeological survey was not conducted. The property is a former railroad remnant and is currently maintained as a landscape buffer. In a letter dated January 25, 2013, the Department of Land and Natural Resources Historic Preservation Division(DLNR-SHPD) determined that no historic properties would be affected. -2- 13. 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. 14. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 15. Access: Access to the property is from Lanikaula Street, a County roadway with an existing right-of-way width of 60 feet fronting the property. 16. Water: County water is available to the property. 17. Wastewater: Parcel 24 is serviced by a County sewer system. 18. Essential Utilities and Services: Electricity and telephone services are available to the property. Police, fire and medical services are available in Hilo. AGENCIES' AND ORGANIZATIONS' COMMENTS 19. Department of Public Works: P.D. Exhibit 3—March 14,2013 memo 20. Police Department: P.D.Exhibit 4—March 11, 2013 memo 21. State Department of Health: P.D. Exhibit 5—March 8,2013 memo AGENCIES-NO COMMENTS/CONCERNS 22. Fire Department. AGENCIES-NO RESPONSE 23. Department of Water Supply, State DLNR-Land Division,Real Property Tax Office. PUBLIC COMMENTS 24. None as of the date of this writing. -3- § 25-5-100 HAWAII COUNTY CODE Division 10. CN,Neighborhood Commercial Districts. Section 25-5-100.Purpose and applicability. The CN(neighborhood commercial)district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on 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 region. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-101.Designation of CN districts. Each CN(neighborhood commercial)district shall be designated by the symbol"CN"followed by a number which indicates the minimum land area, in thousands of square feet,required for each building site. (1996, Ord.No. 96-160, sec.2;ratified April 6, 1999.) Section 25-5-102.Permitted uses. (a) The following uses shall be permitted in the CN district: (1) Adult day care homes. (2) Automobile service stations. (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Boarding facilities,rooming, or lodging houses,provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (5) Business services. (6) Cemeteries and mausoleums, as permitted under chapter 6,article 1 of this Code. (7) Churches,temples and synagogues. (8) Community buildings, as permitted under section 25-4-11. (9) Convenience stores. (10) Crematoriums, funeral homes, funeral services,and mortuaries. (11) Crop production. (12) Day care centers. (13) Dwellings,double-family or duplex,provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (14) Dwellings,multiple-family,provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (15) Dwellings, single-family. (16) Family child care homes. (17) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce,plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (18) Financial institutions. (19) Group living facilities. (20) Home occupations, as permitted under section 25-4-13. (21) Medical clinics. (22) Meeting facilities. (23) Model homes, as permitted under section 25-4-8. Planning Dept. Exhibit I § 25-5-102 HAWAI`I COUNTY CODE (24) Museums. (25) Neighborhood parks,playgrounds,tennis courts, swimming pools,and similar neighborhood recreational areas and uses. (26) Offices. (27) Personal services. (28) Photography studios. (29) Public uses and structures, as permitted under section 25-4-11. (30) Repair establishments,minor. (31) Restaurants. (32) Retail establishments. (33) Schools. (34) Telecommunication antennas,as permitted under section 25-4-12. (35) Theaters. (36) Utility substations as permitted under Section 25-4-11. (b) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the CN district. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999; Am. 2012, Ord. No. 12-28, sec. 12.) Section 25-5-103.Height limit. The height limit in the CN district shall be forty feet. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-104.Minimum building site area. The minimum building site area in the CN district shall be seven thousand five hundred square feet. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-105.Minimum building site average width. Each building site in the CN district shall have a minimum average width of sixty feet. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-106.Minimum yards. The minimum yards in the CN district shall be as follows: (1) Front and rear yards,fifteen feet; and (2) Side yards,none, except where the adjoining building site is in an RS,RD,RM,RCX or V district. Where the side yard adjoins the side yard of a building site in an RS,RD,RM,RCX or V district,there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. (1996,Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-107.Landscaping of yards. (a) All front yards in the CN district shall be landscaped, except for necessary access drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. (b) Where any required side or rear yard in the CN district adjoins a building site in an RS,RD,RM or RCX district,the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2005, Ord.No.05-155, sec. 10.) § 25-5-108 HAWAII COUNTY CODE Section 25-5-108. Other regulations. (a) In conjunction with plan approval,the director may require the construction of a continuous eave overhanging the front property line in the CN district.The director may also require that the eave be of similar height and design in any one block of the CN district. (b) Plan approval shall be required for all new structures and additions to existing structures in the CN district,except for construction of one single-family dwelling and any accessory buildings per lot. (c) Exceptions to the regulations for the CN district regarding heights,building site areas,building site average widths and yards,may be approved by the director within a planned unit development. (1996,Ord.No. 96-160, sec. 2; ratified April 6, 1999; Am. 2005,Ord.No. 05-155, sec. 11.) 1366 Kinoole Partners, LLC Application for Change of Zone CONTENTS Application for Change of Zone Departmental Zoning Questionnaire Background and County Environmental Report Exhibit"A": Ordinance No. 99-158 Exhibit`B": October 2, 2009 Consolidation Approval Exhibit "C": Location Map and Site Plan Exhibit"D": No Effect Determination Exhibit"E": Land Patent Grant No. S-16, 034, which contains the metes and bounds description of the subject property in both written and map form; Exhibit "F": List of surrounding property owners within 300 feet of the subject property; and Exhibit"G": Certificate of Real Property Tax Clearance from the Department of Finance. Planning Dept. Exhibit _2„._ 1366 Kinoole Partners, LLC Application for Change of Zone APPLICATION FOR CHANGE OF ZONE CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: 1366 Kinoole Partners, LLC APPLICANT'S SIGNATURE: �' DATE:I 1Z 7/3 ADDRESS: 85 W. Lanikaula Street, Hilo, Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: Thomas L.H. Yeh and Kim Tsukazaki PHONE:(Bus.) 961-0055 (Res.) (Fax) 969-1531 LANDOWNER(S): same as applicant LANDOWNER SIGNATURE(S): DATE: applicant be by letter) same as a LANDOWNER(S)ADDRESS: pp i REQUEST: RS-10 TO CN-20 �Existin zonin ). (Proposed Zoning) TAX MAP KEY: 2-2-025: )24 (portion) STREET ADDRESS OF PROPERTY: 85 W. Lanikaula Street, Hilo, Hawaii SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 5,202 square feet AGENT:. Thomas L.H. Yeh ADDRESS: 85 W. Lanikaula Street, Hilo, Hawaii 96720 TELEPHONE:(Bus.) 961-0055 (Res.) (Fax) 969-1531 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: Applicant 1366 Kinoole Partners, LLC Application for Change of Zone DEPARTMENTAL ZONING QUESTIONNAIRE ATTACHM ENT C omm errs],RM,Resort,& hidustdal PLANN]NG DEPARTMENT COUNTY OF HAWAII APPLEATDN FOR CHANGE OF ZONE 1. ifyourrequestiss appmved,do you.intend to subdivile the subctland ii accordance with the approved change of zone? No ryes,phase.answerthe instofquestnn Iand then to quest bri 3. a. H ow m any acs ofthe rnquestd aroa do you±mend tr> subdivile? b, Into wha.tbtsizes? c . fyourrequestis approved,appmxin ately how bng afierthe date ofapprovaldo you expecttD subin it yoursubdivisbn plans to the P hnn±ng Deparkn ent forprebn Iiary approva.? Ifyou intend 1D subdiviie,pease submita proim±nary schem aft subdivisbn plan togetherw ith yourchange of zone applcatbn foun. 2. ifyou nave no flan plans ofsubd±rsliag the subctarea, do you intend to: a. Selorhase the land to som eone who has fin plans? No b. Sellorhase the land to someone who has tentatiie plans? No c. SeIlor.laas.e the land in som eone who has no plans? No d. Keep it Yes e. other(olaase state) f. Ifyou intend to do eilhera,b,orc,phase ehbolate on the kind ofphns the otherparty has.P base,a bo, irclide i1 youranswerapp oxin ateVhow soon a$er appmvalofyour1zoning do you expectto transferthe sub cthnd io anotherparty. 3. W hatspeciec buktiig phns'do you have forthe subcthnd? I n c b d e b.youranswerthe folbw hg:type ofbuiliig 0.partm ent,owe,hunderetie,etc.);fnancbg anangem ent; tin etabb forconstnuctihn;and any otherinfonn atihn w hbh you feelm ilhthelp us n evabating your request Not applicable. Property has existing structures. Purpose is to make zoning of Parcel 24 uniform 4. H ave you perform ed any study whih w ouhl dem oristnate a need for yourpmposed bualding and/brdevebpm en No ifso,phase ehboiate on yourfndiigs in the space provided bebw. -2- 5. Have you pethnn ed any study w hrh discusses the envsonm entalin pacts yourxequestwouUl nave on the suneunding area andlorthe County? No If so,pease ehboiate on your findings n.the space pmviied bebw. No formal study completed. See Background Report. 6. Are there anybuilliigs on the subctaxea? No Ifso, whatkind? W hatdo you htmnd ID do with those buibings ifyour requestis approved? n/a 7. Is the subcthnd cuxxent]ybe±Zg used for any agitu]hnalact ? No if so,phase listthe kinds ofpmducts grown on and how m any square feetoracxes ofhnd perpmduct) -3- 8.. To your knowhdge,.has there been any tbodirg and/or drainage prdbhm on the sub ctaiea? No If so,phase descrbe the pmbhm 9, Do you think thatthe /bads hadirg ID the sub ctarea needs i pmvem en t2 No If so,whatkind? Is the mad adequatE brthe imposed bate volrm e orbad? Yes 10. W hatsortofgovemm entalassistance and,6r.in pmvem ents do you helwi]be needed in the subctarea when devebped? yes NQ a. Schools No b, Roads No c, Sewer No �. D rairage No e. Police PmtEctbn No f. File Pm.tectbn No g. RecreatbnalFacllites NO h. Recreat bnalFacil s No i. Other No additional assistance required above existing level of service. -4- Forthose checked'yes,"phase ehboiate whattype orkhds of inpmvem ents and%orassistance are needed. 11.H ave you perform ed any histe±sits study and,br surrey ofthe subctarea? Ifso,whatw ere the result? Phase,also, subm to copy ofthe study lgetherw ith this change of zone siipplem ent No. S ilnatiure: Address: 85 W. Lanikaula St., Hilo, HI 96720 Tehphone: (808) 961-10055 Date: / 7 �3 -5- 6338Ai50A P.D.5/84 1366 Kinoole Partners, LLC Application for Change of Zone BACKGROUND AND COUNTY ENVIRONMENTAL REPORT 1366 Kinoole Partners, LLC Application for Change of Zone I. DETAILS OF EXISTING OR PROPOSED USE/DEVELOPMENT: 1. Project Description The Applicant, 1366 Kinoole Partners, LLC ("Applicant"), requests a change of zone for an approximately 5,202 square foot remnant of a railroad right of way, formerly a portion of TMK: (3) 2-4-057:001 ("remnant area"), that was acquired from the State of Hawaii and consolidated into Tax Map Key("TMK") No. (3) 2-2-025:024 ("Parcel 24"). The requested change of zone for the consolidated remnant is from the Single-Family Residential— 10,000 square foot("RS-10") zoning district to the Neighborhood Commercial—20,000 square foot ("CN-20") zoning district to conform the zoning to the CN-20 zoning for the remainder of Parcel 24, which received the CN-20 designation under Ordinance No. 99-158. (Exhibit"A") As currently exists, the remnant is being used for landscaping purposes accessory to the law office use which exists on Parcel 24. The consolidation of the Remnant("SUB-09-000899") was approved by the Planning Director on October 2, 2009 (see Exhibit `B" for Planning Director's letter dated October 2, 2009 approving the consolidation). As currently exists, the current RS-10 zoning of the remnant portion is non-conforming, and utilization of the 5,202 square foot portion for residential purposes is not a practical use, given its size and configuration. Future use of the remnant would be consistent with the proposed neighborhood commercial zoning of the remainder. The remnant area is located off of Lanikaula Street. It is a 30 foot by 173.4 foot portion of a larger former railroad right-of-way that runs along the western boundary of the neighboring lots along the western side of Kinoole Street from West Lanikaula Street to Kawili Street, Waiakea, South Hilo District, Hawaii. The former right-of-way was not being put to any use by the State. A Location Map is attached as Exhibit"C", with the remnant shaded in yellow. There are no structures or other improvements situated within the remnant area, which is currently serving as a grassed landscaped area accessory to the current law office use. 2. Statement of Objectives and Reasons for the Request Applicant's reason for requesting the change of zone of the remnant area from RS-10 to CN-20 is make the zoning consistent with the rest of the parcel of which it is a part. The remnant is a suitable location for the continued support of the existing law office or future neighborhood commercial use as all necessary utilities are presently available; it is situated off of a major thoroughfare; and it is located within an urban area. 3. Number of Acres/Square Feet The Property is approximately 5,202 square feet, or 0.119 acres in land area. 1366 Kinoole Partners, LLC Application for Change of Zone 4. Current Building Envelope The current building envelope for the law office use on the CN-20 zoned portion of Parcel 24, includes an approximately 1666 square foot, single-story facility with a 670 square foot basement storage area, ADA accessible ramp, covered lanai, extensive landscaping and a parking area. 5. Timeframe There is no current timeframe for development of the remnant area. 6. Current Use The law office operations were commenced after Ordinance No. 99-158 was adopted, and which rezoned Parcel 24 and an adjoining parcel to CN-20. 7. Traffic Impacts Assessment of Existing Traffic Conditions Kinoole Street is a major thoroughfare, traversing the Hilo urban area in a roughly northwest-southeast direction, beginning at the Wailuku River in Hilo and ending at Haihai Street in Panaewa. It is described as an existing collector roadway by the Hawaii County General Plan. Lanikaula Street is a street accessing the northern portion of the UH-Hilo campus, and extends to Mohouli Street at its western terminus, and to Kanoelehua Avenue at its eastern terminus. There are already several existing traffic generators in the vicinity of the Property, including the University of Hawaii at Hilo and the Waiakea High School Complex, together with mixed/residential and commercial uses. Anticipated Increase in Traffic As the Waiakea area continues its transition to a mix of residential and non- residential uses, traffic in the area of the subject property is expected to gradually increase. Potential Impacts from Proposed Use Traffic impacts related to the current law office use are minor. There are currently 5 full time lawyers and staff and 1 part time staff or assistant. The nature of a law office use involves occasional visits by clients or other counsel, and conferences on a periodic basis. Much of the work and communications are performed electronically or over the telephone. Applicant does not anticipate any additional traffic impacts from the subject change of zone request, as the change of zone will not increase the level of law office operations from what currently exists. As to future uses, traffic impacts are not currently known, but the addition of a 5,202 square foot section to the current zoning of the subject property is not expected to -2- 1366 Kinoole Partners, LLC Application for Change of Zone significantly add traffic impacts. As to possible future uses, Ordinance No. 99-158 imposes road improvement conditions on any new commercial structure which may be developed on the portion of Parcel 24 which is currently zoned Neighborhood Commercial, to the extent that such conditions are determined to be required by the Department of Public Works, prior to the issuance of a Certificate of Occupancy. Similar conditions would be appropriate for the 5,202 remnant portion to be rezoned. 9. Proposed On-site and Off-site Infrastructure The remnant area is already served by all necessary utilities via overhead lines on Kinoole Street. TMK No. (3) 2-2-025:024 has an existing driveway and eleven (11) parking spaces, including a handicapped stall. In conjunction with the conversion of the improvements to law office use, the Applicant connected the wastewater system to the County's sewer line, created a commercial office suitable driveway, added paved parking stalls, ADA approved walkways and entrance, and related infrastructure. Under Ordinance No. 99-158, related infrastructure improvements may also be required for any new commercial development on Parcel. 24. Concrete sidewalks and grass landscaping currently exists along the Lanikaula Street frontage of Parcel 24. II. CONFORMANCE WITH STATE/COUNTY PLANS 10. State Land Use Designation The remnant area and surrounding properties are situated within the State land use urban district. 11. Coastal Zone Management The requested change of zone is not contrary to the Coastal Zone Management Program, as contained in Chapter 205A, Hawaii Revised Statutes ("HRS"). The remnant area is not situated within the County's Special Management Area ("SMA"). It is a portion of an abandoned former railroad right-of-way. It is not a coastal property and there is no access to either the shoreline or the mountains through it. There is no view of the shoreline from the Property and it is adjacent to a large multi-story apartment complex. Views of Mauna Kea from Kinoole Street are already affected by existing development. It will have no impact to coastal ecosystems as it is over 6,600 feet inland from Hilo Bay. 12. Hawaii County General Plan The site of the Applicant's existing facility is designated as "High Density Urban" ("High Density") on the current General Plan Land Use Pattern Allocation Guide ("LUPAG") map. The High Density designation is intended for commercial, multiple residential and related services. As such, the requested change of zone is consistent with the High Density designation. -3- 1366 Kinoole Partners, LLC Application for Change of Zone Figure 1: L UPAG Map Designations: RedHigh Density Urban OrangeMedium Density Urban YellowLow Density Urban BlueUniversity Use GreenOpen The proposed rezoning conforms with the following goals, policies and standards of the General Plan. Economic Element: Goals (a) Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. (c) Strive for diversity and stability in the economic system. (d) Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. -4- 1366 Kinoole Partners, LLC Application for Change of Zone (e) Strive for an economic climate that provides its residents an opportunity for the choice of occupation. (f) Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. Policies (p) Identify the needs of the business community and take actions that are necessary to improve the business climate. Discussion: The proposed rezoning furthers the County's goals of providing an economic environment which allows new or existing businesses, such as the adjoining dialysis center, to expand and diversify the County's economic base, and thereby also increase the choice of occupations and service opportunities for the area. The requested change of zone, if approved, would change the existing zoning of the remnant area from RS-10 to CN-20, making it consistent with the rest of TMK: (3) 2-2-025:024. Flooding and Other Natural Hazards: Goals (a) Protect human life. (b) Prevent damage to man-made improvements. (c) Control pollution. (d) Prevent damage from inundation. (e) Reduce surface water and sediment runoff. Policies (a) Enact restrictive land use and building structure regulations in areas vulnerable to severe damage due to the impact of wave action. Only uses that cannot be located elsewhere due to public necessity and character, such as maritime activities and the necessary public facilities and utilities, shall be allowed in these areas. (b) Review land use policy as it relates to flood plain,high surf, and tsunami hazard areas. (c) Update and improve the Flood Insurance Rate Maps and other flood maps in compliance with the National Flood Insurance Program(NFIP) as needed. (d) Any development within the Federal Emergency Management Agency designated flood plain must be in compliance with Chapter 27. -5- 1366 Kinoole Partners, LLC Application for Change of Zone (g) Development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works and in compliance with all State and Federal laws. (j) The County and the private sector shall be responsible for maintaining and improving existing drainage systems and constructing new drainage facilities. (q) Consider natural hazards in all land use planning and permitting. (r) Discourage intensive development in areas of high volcanic hazard. Discussion: The remnant area is situated within Flood Zone "X", which includes areas that have been determined to be outside of the 500-year flood plain. Flooding has not been an issue in the past, and the property is level and well drained. It is not a coastal property and is outside of the SMA. The remnant area, as well as the rest of the Hilo Urban Area, is situated within Volcano Hazard Zone 3 and has a relatively low risk of inundation by lava flows. All surface water and sediment runoff generated by the law office is disposed of on-site, and has not caused flooding or drainage issues for neighboring properties, in compliance with all applicable State and County rules and regulations. Any new improvements must be in compliance with all applicable provisions of the Flood Control Code (Chapter 27, Hawaii County Code) and the Building Code(Chapter 5, Hawaii County Code). Natural Beauty: Discussion: The remnant area is not listed as a site of natural beauty in the General Plan, nor is it proximate to other properties listed as sites of natural beauty. There are no coastal viewplanes, as there is no view of the coastline from the remnant area or surrounding properties. The current law office facility is a single story structure that was converted from a prior residence. The remnant portion to be rezoned continues to be used as landscaped area which minimizes potential impacts to scenic resources. Natural Resources and the Shoreline: Goals (a) Protect and conserve the natural resources from undue exploitation, encroachment and damage. (c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant environmental and natural resources. (d) Protect rare or endangered species and habitats native to Hawaii. -6- 1366 Kinoole Partners, LLC Application for Change of Zone Policies (i) Encourage an overall conservation ethic in the use of Hawaii's resources by protecting, preserving, and conserving the critical and significant natural resources of the County of Hawaii. Discussion: The remnant area is not a coastal property and its use does not have impacts on shoreline resources. It is not a habitat for any federally or State listed, candidate or proposed threatened or endangered plant or animal species. The remnant area is situated within an urban area and contains very limited natural resources. As such, the change from residential to commercial zoning will have a very limited impact on existing natural resources. Land Use: Goals (a) Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Policies (b) Zone urban-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. (c) Promote and encourage the rehabilitation and use of urban areas that are serviced by basic community facilities and utilities. (d) Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. (e) Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Land Use— Commercial Development: Goals (a) Provide for commercial developments that maximize convenience to users. (b) Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies -7- 1366 Kinoole Partners, LLC Application for Change of Zone (g) 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. (h) Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. (f) The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructural and design concerns shall be incorporated into the review of such developments. Discussion: The remnant area is an appropriate location for commercial use for the following reasons: it is a portion of a parcel with an existing commercial use and proximate to several existing commercial uses; existing public facilities such as water and sewer have already been upgraded by the Applicant to service the law office use; and it is located in proximity to major thoroughfares. The General Plan recognizes the desirability of renewing underutilized areas rather than sprawling into outlying areas. The General Plan also espouses the concept of mixing compatible commercial and residential uses to create a more dynamic community. 13. County Zoning The Site is zoned Single-Family Residential, RS-10. 14. Community Development Plan There is currently no community development plan for this area. 15. Special Management Area The Property is not situated within the SMA. It is over 6,600 feet inland from Hilo Bay. -8- 1366 Kinoole Partners, LLC Application for Change of Zone Figure 2: Zoning Map t, ii.m. RS-10 d. ' bCG RS-10 p RS-10 v R&10 a i, , R&10 ,-..a `ar6i�d64-ST 0 SUBJECT PRO'ERTY ' G 0 k`"° r a ,e- RS-10 RS-18 GAG ti <2 \ \ \ RS-10 \- N 1010\ c ..t... 1,4',1, ' RS-10 10\ Designations: Yellow Single-Family Residential Browns Multi-Family Residential Light Pink Neighborhood Commercial Mauve/Maroon General Commercial Light Green Residential-Commercial Mixed Use Dark Green Open -9- 1366 Kinoole Partners, LLC Application for Change of Zone III. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING 16. Description of Property 16.1 Property Location A Location Map is attached as Exhibit"C". The remnant area is rectangular and approximately 5,202 square feet in land area, and was formerly identified as a portion of TMK No. (3) 2-4-057:001,Waiakea, South Hilo District, Hawaii. There are no structures situated within the remnant area. It was overgrown with various invasive species, which have been removed in conjunction with the planting of grass landscaping after the remnant was acquired. The remnant area is located off of West Lanikaula Street, which is a collector street traversing in a generally east-west direction. It is in the vicinity of several non-residential uses, the University of Hawaii at Hilo and the Waiakea High School Complexes. It is located over 6,600 feet inland from Hilo Bay and is not situated within the SMA. In the immediate vicinity of the remnant area,there is Multiple Residential ("RM-1") zoning adjacent along the western boundary of the remnant area. TMK No. (3) 2-2-025:022 adjacent to the south is zoned CN-20 and TMK No. (3) 2-2-25:018 further to the south is zoned RCX-20. There is also additional RM-1 zoning across Kinoole Street. Beginning at the intersection of West Lanikaula Street and Kilauea Avenue and proceeding north, there is a corridor of various General Commercial zoning designations. 16.2 Climate The elevation of the remnant area is approximately 100 feet above mean sea level. Located on the windward side of the Big Island, the mean annual rainfall is ranges between 120 and 160 inches. Generally, the wet months occur from October through April. The mean annual temperature is about 73 degrees Fahrenheit. Wind patterns are diurnal with dominant easterly tradewinds prevailing during the day and cooler westerly winds sweeping down the slopes of Mauna Loa and Mauna Kea in the evening. 16.3 Topography The topography of the Site is relatively flat. -10- 1366 Kinoole Partners, LLC Application for Change of Zone 17. Lava Hazard Zone The United States Geologic Survey("USGS") classifies the Hilo urban area as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 being the lowest risk and 1 being the highest. 18. Distance from Shoreline The Property is over 6,600 feet inland from Hilo Bay. 19. Agricultural Lands of Importance to the State of Hawaii ("ALISH") Designation The Property is situated within and urban area and, therefore, is not classified by the ALISH system. 20. USDA Natural Resources Conservation Services Soil Service Report Soil Type The Soil Survey Report classifies the soil as Olaa series (O1D), which consists of well-drained silty loams that formed in volcanic ash. Permeability is rapid, runoff is slow, and the erosion hazard is slight 21. Land Study Bureau ("LSB") Soil Rating The remnant area is situated within and urban area and, therefore, is not classified by the LSB. 22. Flood Insurance Rate Mate ("FIRM")Designation The FIRM designation of the remnant area is Zone "X", which means that it is outside the 500-year flood plain. It is situated approximately 6,600 feet inland from Hilo Bay. The remnant area is also outside the Civil Defense Tsunami Evacuation Zone. 23. Existing Drainageways or Improvements There are no known drainageways crossing the remnant area, and Applicant is not aware of any flooding issues affecting it. 24. Air/Noise/Water Quality Air Quality Neither the law office nor the accessory use of the remnant area for landscaping have generated impacts to air quality. It is not anticipated that future commercial uses would generate such impacts. -11- 1366 Kinoole Partners, LLC Application for Change of Zone Noise Noise impacts from the office and the current accessory use of the remnant area for landscaping are insignificant. Water Quality There are no streams or watercourses located on or near the remnant area. The Hilo area is underlain by basal groundwater. The nearest stream is the Wailoa River, located over 3,000 feet from the remnant area. Neither the law office nor the use of the remnant area for landscaping is expected to significantly impact water resources. 25. Existing Archaeological, Cultural or Historic Sites on National or State Register A formal archaeological survey has not been conducted. However, there are no structures located on the remnant area and no surface features have been observed. No subsurface archaeological remains are likely due to the surrounding urban developments. On January 25, 2013, the Department of Land and Natural Resources —Historic Preservation Division issued a determination that the proposed rezoning will not affect historic properties. (Exhibit "D"). 26. Existing Flora/Fauna Resources A formal botanical survey has not been conducted. However, the remnant has been planted with landscaped lawn area. No federally or State listed, candidate or . proposed threatened or endangered plant or animal species have been observed, due to surrounding urban developments. Feral cats and chickens frequently occupy or move through the area. 27. Scenic or Coastal Resources The remnant area is not a coastal property and there is no access to either the mountains or the ocean from or through it. There is no view of the shoreline from the remnant area and it is adjacent to a large multi-story apartment complex. The current law office structure is a converted residence dwelling which is consistent with the neighborhood commercial setting. 28. Valued Cultural Resources Applicant is not aware of any traditional and customary native Hawaiian rights that are or have been exercised in the area. As such, current use of the remnant area for landscaping and future neighborhood commercial uses are also not expected to impact any such rights. Given the developed nature of the site, no archaeological resources or historic properties will be affected. -12- 1366 Kinoole Partners, LLC Application for Change of Zone 29. Public Access There is no existing public access to and along the shoreline or to mountain areas through or proximate to the Property. 30. Social Settlement Pattern for the Area The Waiakea area has been slowly transitioning from primarily residential use to a mix of residential and non-residential uses for quite some time. While a number of properties in the remnant area are residential, several non-residential uses have been established over the years. It is adjacent to a lot that was rezoned to CN-20 and which is being used for a dialysis center. Further to the south, TMK No. (3) 2-2- 025:018 was rezoned to RCX-20 in 2006 to allow the conversion of an existing dwelling into a doctor's office, and a convenience store and dental offices are located at the corner of Kinoole and Kawili Streets. One block to the east on Lanikaula Street is a food court, laundromat and similar service uses. The growth of the University of Hawaii at Hilo, which is located mauka(west) of the remnant area, has contributed to the changing nature of the area by attracting more students and causing the need for housing and support services for the growing student population. Adjacent to the west, there is a large area of RM-1 zoning and an apartment complex. Kinoole Street is a major thoroughfare traversing in a roughly northwest-southeast direction through Hilo and Waiakea toward the Puna District. As such, it is a prime location for the location of neighborhood commercial uses which are supportive of UHH activities and housing. The remnant area and surrounding areas are designated High Density Urban by the Hawaii County General Plan, which is a confirmation that the transition of this area from residential to mixed urban uses is appropriate. 31. Economic Resources of the Area There are several non-residential uses in the vicinity of the remnant area, including a convenience store, a law firm, the University of Hawaii, the Waiakea High School complex, several doctors' offices, a medical lab, a medical complex with a medical lab and an x-ray facility, several restaurants, and a laundromat, among others. 32. Land Values According to the Hawaii County Real Property Tax website, Parcel 24 is currently valued for tax assessment purposes at$617,500 for the land and improvements. 33. Land Use and Zoning of Surrounding Lands As described above, a number of non-residential uses have been established over the years. Surrounding properties are situated within the Urban District and zoned -13- 1366 Kinoole Partners, LLC Application for Change of Zone CN, RM and RS with scattered areas of various types of commercial zonings and multiple residential zoning in close proximity to the Site. IV. PUBLIC FACILITIES AND SERVICES 34. Description of Access There is an existing, paved driveway off of W. Lanikaula Street serving TMK No. (3) 2-2-025:024, which is a County owned and maintained with sidewalk/gutters on the south side bordering the property. The entrance driveway has already been upgraded by the Applicant to commercial standards to service the existing law office use. 34. Availability of Water County water is available to service the law office. The requested change of zone will not have any impact to the current water service requirements. 35. Sewage Disposal The law office is already connected to the County sewer system. The subject change of zone will not have any impact on the existing connection. 36. Solid Waste Applicant is aware that construction waste is prohibited at transfer stations and will dispose of all construction-related waste in the proper manner if future development occurs. The requested change of zone will not have any impact on current solid waste disposal. 37. Police and Fire Protection The remnant area is located within the service area of the County Fire Department's 24-hour substation at Waiakea, and supported by the headquarters on Kinoole Street and additional substations at Kawailani Street and Kaumana Drive. The police headquarters is located on Kapiolani Street, approximately 1 mile from the remnant area. 38. Schools The remnant area is situated within the Waiakea School District and the Waiakea High School complex is located within one-half mile from it. The University of Hawaii at Hilo is just mauka of the remnant area. The requested change of zone will not have any impact on schools in the area. -14- 1366 Kinoole Partners, LLC Application for Change of Zone 39. Parks There are several parks in the Hilo urban area, including Lincoln Park, Kalakaua Park, Hilo Bayfront Park, Wailoa River State Park, Queen Liliuokalani Gardens, Coconut Island and the Keikiland Playground. The requested change of zone is not expected to have any impacts on parks. 40. Utilities and Services Electricity, telephone and cable service are available to the remnant area via overhead lines on Kinoole Street. V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 41. Relationship between short term uses of environment and maintenance and enhancement of long term productivity. Future neighborhood commercial uses of the remant will enhance the productivity of the land and will be consistent with the character of the area. The addition of a 5,202 sf area to the existing CN-20 zoning would not substantial increase potential impacts, but improve potential productivity of the remnant. 42. Mitigative Measures proposed to avoid,minimize, rectify or reduce impact. Current utilization of the remnant area for landscaping will continue to enhance the use of TMK No. (3) 2-2-025:024 and potential impacts upon public roads will continue to be minimal. Any new commercial activity associated with the whole of parcel 24 would be required to mitigate impacts as required by Ordinance No. 99- 158. 43. Alternatives to the proposed development. Alternatives to the proposed development include the following: • Leaving the Remnant as-is: The physical dimensions of the remnant area make it unsuitable for restricting its uses to residential development, given that it is only 30 feet wide. Once County setbacks are imposed on a 30-foot wide strip, the buildable portion of the remnant area is unfeasible. • Rezoning to a different zoning district, other than CN-20: this alternative is not practical given the remnant area's location and dimensions. Applicant has already purchased the remnant from the State, and the zoning of the remnant should be consistent with to remainder of Parcel 24. -15- 1366 Kinoole Partners, LLC Application for Change of Zone 44. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented. The remnant area has not been used for anything, aside from landscape area. It is situated within a developed, urban area. It is not likely that there are any natural resources relating to the remnant area that would be irreversibly and irretrievably committed should the requested change of zone be approved. -16- COUNTY OF HAWAII, :-- • STATE OF HAWAII BILL NO. 167 ORDINANCE NO. 99 158 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25(ZONING CODE)OF THE HAWAII COUNTY CODE,BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10)TO NEIGHBORHOOD COMMERCIAL(CN-20)AT WAIAKEA,SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-25:24. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33,Article 8,Chapter 25 (Zoning Code)of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial(CN-20): Beginning at the west corner of this parcel of land, on the southeasterly side of Lanikaula Street,the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI"being 3,976.92 feet South and 6,594.90 feet East,thence running by azimuths measured clockwise from True South: 1. 238° 10' 217.00 feet along the southeasterly side of Lanikaula Street; 2. Thence along the south corner of the intersection of Lanikaula Street and Kinoole Street,on a curve to the right with a radius of 20.00 feet,the chord azimuth and distance being: 283° 10' 28.28 feet; 3. 328° 10' 153.40 feet along the southwesterly side of Kinoole Street; 4. 58° 10' 237.00 feet along Grant 9391; 5. 148° 10' 173.40 feet along 30-ft. Railroad Right-of-Way (abandoned)to the point of beginning and containing an area of 41,010 square feet. EXHIBIT "A" All as shown on the map attached hereto,marked Exhibit"A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall submit the anticipated maximum daily water usage calculation and the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the date of Final Plan Approval. C. Construction of the proposed development and related improvements within the subject property shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code Sections 25-2-72 and 25-5-117 and the Planning Department's Rule 17 (Landscaping Requirements) for the commercial development within the subject property. Plans shall identify structures, fire protection measures, landscaping and maintenance plan,paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include landscaping along property boundaries for the purpose of mitigating any potential adverse noise and visual impacts to surrounding properties. D. Prior to the issuance of the Certificate of Occupancy, driveway access to the Lanikaula/Kinoole Street intersection and the proposed driveways shall meet with the approval of the Department of Public Works. Channelization improvements, street lights, signs and markings shall be installed, if required, -2- on Kinoole Street and Lanikaula Street meeting with the approval of the Department of Public Works, provided that such requirements shall apply only to new commercial structures and not the use of the existing dwelling structure on the property. E. Prior to the issuance of a Certificate of Occupancy for any new commercial structure on the subject property, the applicant shall provide improvements to the frontage of the subject property along Kinoole Street and Lanikaula Street consisting of, but not limited to, commercial standard sidewalks (sidewalks with no planter strips) along the entire frontage of the subject property, meeting with the approval of the Department of Public Works. Sidewalks and an accessible wheelchair ramp at the corner of Kinoole Street and Lanikaula Street shall be provided, as required, and meet with the approval of the Commission on Persons with Disabilities and the Department of Public Works, provided that such improvements shall be applicable only to the new commercial structures and not the use of the existing dwelling structure on the property. F. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of plans for Final Plan Approval. G. Sewer line connections to the County sewer system shall be installed meeting with the requirements of the Department of Public Works. H. Prior to the issuance of a Certificate of Occupancy for the proposed development, the applicant shall submit a final written report to the Planning Director stating that all conditions have been met. -3- Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property. J. Should the Council adopt a Unified Impact Fee 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 Fee Ordinance. K. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the 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). L. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. -4- 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: • _ J - COCJN IL MEMBER,COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: November 17, 1999 Date of 1st Reading: November 17, 1999 Date of 2nd Reading: December 1, 1999 Effective Date: December 10, 1999 REFERENCE: Comm. 3 7 5.006 APPROVED AS TO FORM AND LEGALITY i4. l� . D CORPORATION COUNSEL DATED: -5- RS • 10 CN-10 J 1. CG-20 i e5-10 R5- IC P7 3.75 CG 7.5 LONO / STREET ' ■ / 125-10 R5 'IO C2 375 R5-I0 R5- 10 CG -IO ~ R CG-7.5 .Zs _ R5-10 R5-10 X041 R5-10 14 ..� R5-10 W 0 c I 0: !n R5-10 125-10 RS 10 RS-10 CG-10 2 R5- 10 R5-10 CG 20 .• 3,976.92 S Q 6.594.90 E CG-10 " HALAI" AS / LANIKAULA STREET 12M ' R5-10 RM-4 R5-1O - R5- 10 RM-I _ / RS- 10 / SINGLE FAMILY —.. RESIDENTIAL (RS-10) ° TO NEIGHBORHOOD J COMMERCIAL (CN-20) RS- to 0 125 10 0 z La AREA: 41 ,010 SQ. FT. Y Q J Y Z a R5- 10 J RN I J i I RS 10 r L. - 1 -- I 0 __ RS- IO OLONA ` STREET AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMyK : 2-2-25:24 OCT. 10. 1999 EXHIBIT "A" is.1.At. "R,$T) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii ROLL'eALL VOTE Ys 1 r 1�' 27N OES ABS EX Introduced By: Bobby Jean Leithead-Todd Arakaki X Date Introduced: November 17, 1999 Chun r X First Reading: November 17, 1999 Elarionoiff• `' • Published: N/A Jacobson X Leithead-Todd X REMARKS: Pisicchio X — Smith X — — Tyler X Yagong X 9 0 0 0 Second Reading:_December 1, 1999 _ ROLL CALL VOTE To Mayor: December 6, 1999 AYES NOES ABS EX Returned: De ember 10, 1999 Arakaki X Effective: December 10, 1999 Chung X Published: December 20, 1999_ Elarionoff X Jacobson X REM.4 RK S: - - Leithead-Todd X Pisicchio X Smith X — -- Tyler X Yagong I X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: tie -9 6th,ttAft. q215-4\ DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII I l 'HAIRMAN Date DEC 71999 C TYCLERK .4pproved/9r oevt4 this /0 day of ecl1it K hfrt . 19 9'9 . Bill No.: 167 MAYOR, COUNTY OFHAWAII Reference: C-375.006 Ord.No.: 99 158 William P.Kenoi `. '∎• Bobby Jean Leithead Todd Mayor - �y"' Planning Director• Margaret K. Masunaga • • a % Deputy Planning Director County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 October 2, 2009 Thomas L.H. Yeh, Esq. Tsukazaki Yeh & Moore 85 West Lanikaula Street Hilo, HI 96720-4199 Dear Mr.Yeh: FINAL SUBDIVISION APPROVAL NO. SUB-09-000899 FINAL PLAT MAP SUBDIVIDERS: 1366 KINOOLE PARTNERS LLC/State of Hawaii Proposed Consolidation of a Portion of Lot 8 (Grant 10124) and A Portion of Abandoned Railroad Right-of-Way, And Resubdivision of said Consolidation Into Lots 7-A and 7-B, Waiakea, South Hilo, Island of Hawai'i, Hawai'i TMK: 2-2-025:024 &2-4-057:001 Por. (formerly 2-2-025:0321 This is to acknowledge receipt of ten (10) copies of the final plat map dated September 18, 2009, and Certification of Staking for the referenced application. Please be informed that final subdivision approval for recordation is hereby granted to the final plat map as attached herewith inasmuch as all requirements of the Subdivision Code, Chapter 23, as modified have been met. You and the subdividers may wish to consult your surveyor for the preparation of the necessary legal documents and description of the certified final plat map for the purpose of recordation with the State of Hawaii, Bureau of Conveyances. By a copy of this letter, we are forwarding a copy of the certified final plat map to the listed officers for their file. OCT 1 4 2049 IJ Hawai'i County is an Equal Opportunity Provider and Employer In. vJr EXHIBIT "B" Thomas L.H. Yeh, Esq. Tsukazaki Yeh & Moore Page 2 October 2, 2009 Copies of the certified final plat map are enclosed. Sincerely, /,,Wea" —‘69- BJ LEITHEAD TODD Planning Director ETC:Inm P:1 wp601SUBDIV1Documents 1subc2009-41 SUB-09-0008991366KinoolePartnersStateofHawaiiFPMFSA.doc Encs.: 4 Certified FPM xc: Manager, DWS w/Certified FPM Director, DPW w/Certified FPM District Environmental Health Program Chief, DOH w/Certified FPM Real Property Tax Division-Hilo w/Certified FPM Tax Maps and Records Supervisor w/Certified FPM 1366 Kinoole Partners LLC c/o Thomas L.H. Yeh, Esq. State of Hawaii-DLNR Robert T. Shirai, LPLS, Island Survey, Inc. TMK File 2-2-025:024 SQ%. ' NoR a ' PPt64XL S\ K I N O O L E S T R E E T SUNK CON SUNK 4■WVa WALK`° l03ll 32810' — 153.10 PP882�'• \ BUTTON 7\j„.._ r W.Box p 1---H. n 283'10' 28.28 ,� .:1.' R=20.00 .,; W I * 0 4, k 0^ O SOW. d.M') w Id' ° LOT 7—A• ' PP/4 .. I m ° 20,000 SQ. FT. in. I Gordon M.Ku a, et M,al M148'10' ni^^ 1� Owners •,: 1— , 82.0'2 :.: — 0 I •:' 1 V)W.1 I rn b h ai a)i BACK C•I ^ co r' O 0 FLOW f•••. l, N ...... ,1 ri ter I U) ,c 14810'— : L — — — _ " U t... 54.24 u ui t ••. a 4I^ LO 7—B ao c*,' J �` I °/° 26212 SQ. FT. Lo PPM14% .;:I. Q ova. (5,202 Ft.) RAILROAD ..0 so„,,„ RIGHT—OF—WAY (30 FEET WIDE) Y 14810' 173.40 State of Hawaii — Owner Z ,:�I, ,::�., Lot 1—A ,J�•) Q The Salvation Army, College Hang Fd and • GP Hoaloha Ltd. Partnership — Owners 'r,i t 4 4,...7-c T.gNe (D`a'y i ucrrga No.ease / OWNERS: TMK:2-2-025:024 11 1366 KINOOLE PARTNERS, LLC 85 W. Lanikaula Street This work was prepared by me Hilo, Hawaii 96720 or under my supervision. TMK:2-2-025:032 STATE OF HAWAII 75 Aupuni Street ROBERT T. SHIRAI, PLS Hilo, Hawaii 96720 State of Hawaii Cert. No. LS-5985 License Expires April 30, 2006 PLAN SHOWING THE CONSOIJDATION OF A PORTION OF LOT 8 (GRANT 10124 TO CHONG C. AKANA), AND A PORTION OF ABANDONED RAILROAD RIGHT—OF—WAY AND THE RESUBDIVISION OF SAID CONSOUDATION INTO LOTS 7—A AND 7—B WAIAKEA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Survey and Plan by Island Survey, Inc. P.O. Box 4215, Hilo, Hawaii 96720 November 19, 2008 Tax Mop Key:(3)2-2-025:024 & 032 EXHIBJT "C„ Size: 11" x 17" = 1.30 Sq. Ft. WILLIAM J.AILA,JR. �•' O F CHAIRPERSON NEIL.ABERCROMBIE /''C�.•••'•'•••HV(i;; BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII '!.(P'•e\959 ,•-.,yi` COMMISSION ON WATER RESOURCE MANAGEMENT Cp i -� •'_ ESTHER KIA'AINA i'j FIRST DEPUTY G��,an and/yar WILLIAM M.TAM ��. ,5 n, DEPUTY DIRECTOR-WATER Yj •'•.•t ,• AQUATIC RESOURCES �j)I -'. ^�'.......•a �, BOATING AND OCEAN RECREATION la , �, - _®•1'SEI,7'+r BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT `~— CONSERVATION AND COASTAL LANDS �11!t HISTORIC PRESERVATION DIVISION CONSERVATION AND RESOURCES ENFORCEMENT Sr' r DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION 2P Of RAHOOLAWE ISLAND RESERVE COMMISSION LAND 601 Kamokila Boulevard,Suite 555 STATE PARKS Kapolei,HI 96806 January 25,2013 Thomas L.H.Yeh LOG NO:2013.0082 Law Offices of Yeh&Moore DOC NO: 1301 SN 10 85 Lanikaula Street Archaeology Hilo,Hawai`i 96720-4199 Dear Mr.Yeh SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Zoning Change for 1366 Kinoole Partners,LLC. Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK: (3)2-2-025:024(nor.) Thank you for the opportunity to review this application that was received by our office on January 10, 2013. The application indicates the land owner, 1366 Kinoole Partners, LLC requests a change of zoning from the RS-10 district to commercial CV-20 district. The subject area is a 5,202 square foot remnant of a former railroad right of way. The aforementioned subject area was purchased by the applicant on March 8, 2011 from the State of Hawai`i. The County of Hawai`i approved a consolidation of the subject parcel (formerly TMK (3) 2-2-025:32) with TMK (3)2-2-025:024.Photographs submitted indicate the area is maintained as a landscape barrier between parcel 24 and an urban residential complex on an adjoining parcel. A review of our records indicates that there are no known archaeological sites and there has been no archaeological inventory survey(AIS)of this project area. We believe that the proposed change of zone would result in no historic properties affected, due to the location, proposed use, and current condition of the remnant parcel. Our office requests the opportunity to review future permits involving land alteration within the consolidated parcel. Please contact Sean Naleimaile at(808)933-7651 or Sean.P.Naleimaile(@,Hawaii.gov if you have any questions or concerns regarding this letter. Aloha, -.� I Theresa K.Donham Archaeology Branch Chief FEB 0 1 2013 EXHIBIT "D" ) THE ORIGINAL OF THE DOCUMENT ) RECORDED AS FOLLOWS: STATE OF HAWAII BUREAU OF CONVEYANCES DATE Doc 2011-039942 ) DOCU MAR 08,2011 12:00 PM LAND COURT SYSTEM ) REGULAR SYSTEM Return by Mail ( ) Pickup ( X ) To: DEPT. OF LAND AND NATURAL RESOURCES LAND DIVISION Total Number of Pages: 7 Tax Map Key No. (3) 2-4-057 : Por. 001 PATENTOR: STATE OF HAWAII PATENTEE: 1366 KINOOLE PARTNERS LLC, a Hawaii limited liability company 85 W. Lanikaula Street Hilo, Hawaii 96720 LAND PATENT GRANT NO. S-16, 034 BY THIS PATENT the State of Hawaii, in conformity with the laws of the State of Hawaii relating to public lands, pursuant to the approval by the Board of Land and Natural Resources on December 13, 2002 and October 24, 2008, and acting pursuant to Section 171-52, Hawaii Revised Statutes, grants to 1366 KINOOLE PARTNERS LLC, a Hawaii limited liability company, whose address is 85 W. Lanikaula Street, Hilo, Hawaii 96720, hereinafter referred to as the "Patentee, " for the consideration of TWENTY FOUR THOUSAND AND NO/100 DOLLARS ($24, 000. 00) , the receipt whereof is hereby acknowledged, all of the land situate at Waiakea, South Hilo, Island of Hawaii, Hawaii, being designated "Portion of Abandoned Railroad Right-of-Way (30. 00 feet wide) , " containing an area of 5,202 square feet, more particularly described in Exhibit "A" and delineated on Exhibit 394965 1.DOC MUM.APPR D. Dopociment of Ow • EXHIBIT "E" AMorney Gerteroi "B, " both of which are attached hereto and made parts hereof, said exhibits being respectively, a survey description and survey map prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii, both being designated C.S. F. No. 24, 914 and dated March 22, 2010. RESERVING TO THE STATE OF HAWAII, ITS SUCCESSORS AND ASSIGNS, THE FOLLOWING: (1) All minerals as hereinafter defined, in, on or under the land and the right, on its own behalf or through persons authorized by it, to prospect for, mine, and remove these minerals and to occupy and use so much of the surface of the ground as may be required for all purposes reasonably extending to the mining and removal of these minerals by any means whatsoever, including strip mining. "Minerals, " as used herein, shall mean any or all oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits, whether solid, gaseous, or liquid, including all geothermal resources, in, on, or under the land, fast or submerged; provided, that "minerals" shall not include sand, gravel, rock, or other material suitable for use and used in general construction in furtherance of the Patentee' s permitted activities on the land and not for sale to others. (2) All surface and ground waters appurtenant to the land and the right on its own behalf or through persons authorized by it, to capture, divert, or impound the same and to occupy and use so much of the land as may be required in the exercise of this right reserved. Provided, however, that as a condition precedent to the exercise of the rights reserved in Paragraphs 1 and 2, just compensation shall be paid to the Patentee for any of Patentee's improvements taken. AND THE PATENTEE, for itself, the Patentee' s successors and assigns, covenants with the State of Hawaii, and its successors as follows : A) The use and enjoyment of the land herein granted shall not be in support of any policy which discriminates against anyone based upon race, creed, sex, color, national origin, religion, marital status, familial status, ancestry, physical handicap, disability, age or HIV (human immunodeficiency virus) infection. 394965 1.DOC 2 PRIMA.APPR`D- Deportment of the Attorney General B) The use of the land shall be in combination, consolidation, or otherwise with other abutting lands owned by the Patentee and shall be used in accordance with the appropriate zoning and subdivision ordinances of the County of Hawaii. SUBJECT TO rights of native tenants and regulatory rights and ownership rights (if any) of the State of Hawaii established pursuant to state law including Chapter 6E, Hawaii Revised Statutes, over prehistoric or historic remains found in, on, or under the land. TO HAVE AND TO HOLD said granted land unto the said • Patentee, the Patentee' s successors and assigns forever, subject, however, to the reservations, conditions and covenants herein set forth. IN WITNESS WHEREOF, the State of Hawaii, by its Board of Land and Natural Resources, has caused the seal of the Department of Land and Natural Resources to e hereunto affixed and this Patent to be duly executed this day of Marco► , 20 1 l STATE OF HAWAII Approved by the Board of Land and Natural Resources at its meetings held on By December 13, 2002 and AbAURA H. TI3€LEN Chairperson p son October 24, 2008 . evBoard of Land and 4.)4 k)1/ ' , 4 4 q Natural Resources PATENTOR APPROVED AS TO FORM: 1366 KINOOLE PARTNERS LLC, a Hawaii limited liability company Deputy Attorney General Dated: ) 6) 13) 1 b By Its U6-6( And by Its PATENTEE 394965_1.DOC 3 f'fOBUM.APPR'D. Deportment of the Attorney General STATE OF HAWAII ) SS. COUNTY OF \kmNK ) On this \ day of Mue' , 20 10 , before me personally appeared 1\1\"0( 'Ak- \VO and , to me personally known, who, being by me duly sworn or affirmed, did say that such person (s) executed the foregoing instrument as the free act and deed of such person (s) , and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. - No y� .li , St to of Hawaii TAISHA-!YNN KALAWE-ROSS My commission expires: DEC 1 4 2012 Doc,Date: L #Pages: i h- 3rd Circuit Name: , K. . - R� '46: i Doc.Description: ni 1 1 . ith - S-\1>? 1 1 ' tl ∎ wo N.'n;ry Si! .ture sate PRELIM.MINT), 394965_1.DOC 4 Department of the Mbmey General V:• 1 } .n�j ,r STATE OF HAWAII SURVEY DIVISION 24,914 DEPT. OF ACCOUNTING AND GENERAL. SERVICES March 22,2010 C.<.F. No HONOLULU PORTION OF ABANDONED RAILROAD RIGHT-OF-WAY (30.00 FEET WIDE) Waiakea, South Hilo, Island of Hawaii, Hawaii Being a portion of the Government(Crown)Land of Waiakea. Beginning at the north corner of this parcel of land,the west corner of Grant 10,124 to Chong C. Akana and on the southeast side of Lanikaula Street,the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAL"being 3976.90 feet South and 6594.97 feet East, thence running by azimuths measured clockwise from True South:- 1. 328° 10' 173.40 feet along Grant 10,124 to Chong C.Akana; 2. 58° 10' 30.00 feet along the remainder of the Abandoned Railroad Right-of-Way(30.00 feet wide); 3. 148° 10' 173.40 feet along Grant 8890 to Stanley Sims; MUM.APPWD. Department of this ""°"1eY General EXHIBIT "A" - 1 - a • . C.S.F.No. 24,914 March 22, 2010 4. 238° 10' 30.00 feet along the southeast side of Lanikaula Street to the point of beginning and containing an AREA OF 5202 SQUARE FEET. SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES STATE OF HAWAII By: ' _ - , - Glenn J. Kodani Land Surveyor IT Compiled from map and desc. furn. by Island Survey,Inc. Said map and desc. have been examined and checked as to form and mathematical correctness but not on the ground by the Survey Division. MUM.APPR' Deportment of Ow Mornay crYG )em d -2- K �C� ,ra0 ^ 000 oral Psopiptio 3 ` to Mt,. Meru m 52 ic, to t 514 6t0 tp iL $ c Gr°nt J Gr°n ci .. • LANIKAULA STREET 3976.90 S 6594.97 E ;00 " 0 277.00 Slope Easement (5-ft. wide)-1 23810' — 247.00 f ;LI Easement 9'(5-ft. wide)J Imo. ^ :2 a i `.� _'3 O°na C. II e4 chon9 PRELIM.APPR'D. ' i to DePortment of iks 4 Attorney Genera( ` 2 SQ. FT. ��12 1�1 nt O^ O E. L�Gt0 j...- 58'10'_ — 267.00 Grant 8890 to Stanley Sims 30.00 237.00 C L E W :x' — 0 E !4.I iii . lAertnan ' N to vi ` 939 h ♦ Gtpnt m lil REDUCED NOT TO SCALE Grant 9129 to . Mrs. Mae Silva !sake EXHIBIT "B" 0 PORTION OF ABANDONED RAILROAD RIGHT-OF-WAY (30.00 FEET WIDE) Job H-058(10) Waiakea, South Hilo, Island of Hawaii, Hawaii C. Bk. Scole: 1 inch = 60 feet TAX MAP: 2-4-57: Par. 01 SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES C.S.F. NO. 24,914 ! STATE OF HAWAII I GZY March 22, 2010 William P.Kenoio°:•� �� �•�., Nancy E.Crawford Mayor " �� Finance Director 14i 6: Deanna S. Sako • ��`•• Deputy Director ••4 OF•MF'� County of Hawaii DEPARTMENT OF FINANCE-REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawai`i 96720 • Fax(808)961-8415 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74-5044 Me Keohokalole Hwy. • Bldg.D,2nd Fir. • Kailua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 Website:www.hawaiipropertytax.com REAL PROPERTY TAX CLEARANCE (Rev. 07/99) Date: February 21, 2013 TMK(s): (3) 2-2-025-024-0000 This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid for the tax year 2012-2013, up to and including June 30, 2013. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of1366 KINOOLE PARTNERS LLC (owner of record) for the County Planning Department and is issued for this/these parcel(s) only. NC/4 au ►0 By Maricel F Diego REAL PROPERTY TAX DIVISION Paid up to and including June 30, 2013. Tax Clearance for Planning Department(rev. 12/09) Hawaii Count s,X r1ifiripo ' ++ .nr and Employer DEPARTMENT OF PUBLIC WORKS ,COUNTY OF HAWAII " HILO, HAWAII DATE: March 14, 2013 NeSidleigetarn TO: BJ Leithead Todd, Planning Director FROM: ` J Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 13-000162) Applicant: 1366 Kinoole Partners LLC Request: RS-10 to CN-20 Reference: Change of Zone Ordinance No. 99 158 Tax Map Key: 2-2-25: portion of 024 (formerly 2-2-25: 032) We have reviewed the subject application forwarded by your memo dated February 27, 2013 and offer the following comments for your consideration. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. The Zoning Map and General Plan classifies Lanikauala Street as a collector. Questions may be referred to Kelly Gomes at ext. 8327. I C. _ N = RASA tr "1 i1�i? Planning Dept. Exhibit 3 County of Hawaii is an Equal Opportunity Provider and Employer • -'NTY OF;;;.• OJ �L9•' 4 LV William P:Kenoi /$ :*•• Harry S.Kubojiri hlgvor Police Chief Srq,TF................4P`` _} £,, .� Paul K.Ferreira €, 1 ..`- DePuhy Police Chief' County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawai`i 96720-3998 (808)935-3311 • Fax(808)961-8865 March 11, 2013 TO : BJ LEIT AD TOD PANNING DIRECTOR - O FROM : HE . N Y . TAVARES, "., ASSISTANT POLICE CHIEF ARE I PERATION` SUBJECT: CHANGE OF ZONE APPLICATION (REZ 13-000162) APPLICANT: 1366 KINOOLE PARTNERS, LLC REQUEST: RS-10 TO CN-20 TAX MAP KEY: 2-2-025:PORTION 024 (FORMERLY 2-2-025:032) Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Robert Wagner of our S. Hilo Patrol Division at 961-2214. RW:Ili 130160 SR.. !"t I .4A ' Planning Dept. Exhibit : A �:= 2.._. "Hawai`i County is an Equal Opportunity Provider and Employer' NEIL ABERCROMBIE , LORETTA J.FUDDY,A.C.S.W.,M.P.H. • E F GOVERNOR ►/< ,aOsa. ' Director of Health II°lrit' Ct'+... , eta STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: March 8, 2013 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye - District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 13-000162) Applicant: 1366 Kino'ole Partners LLC Request: RS-10 to CN-20 Tax Map Key: 2-2-025:portion 024 (formerly 2-2-025:032) Wastewater Branch found no wastewater/environmental health concerns with regulatory implications in the submittal. The subject project is located within or near proximity to the County sewer system. a. All wastewater generated shall be disposed into the County sewer system. The Health Department found no environmental health concerns with regulatory implications in the submittals. SCANNED ilia 1 1 1013 By:: 083978_ Planning Dept. WORD:REZ 13-000162.ni Exhibit 5 RKinoolePartnersREZ.doc 3121/13 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION 1366 KINOOLE PARTNERS, LLC CHANGE OF ZONE APPLICATION (REZ 13-162) 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 to change the zoning district from RS-10 to CN-20 for an approximately 5,202-square-foot former railroad remnant. The former railroad remnant was formerly a portion of TMK: 2-4-057:001, but was recently acquired by the applicant from the State of Hawaii and consolidated into TMK: 2-2-025:024. Currently, parcel 24 consists of 21,010 square feet of land zoned CN-20 and the 5,202- square-foot former railroad remnant which is zoned RS-10. There are no structures or other improvements situated within the remnant area,which currently serves as a grassed landscaped area accessory to the law office building located on the remainder of parcel 24. The applicant is requesting the change of zone in order to make the zoning of the former railroad remnant consistent with the rest of the parcel. The Change of Zone request from RS-10 to CN-20 will conform to the goals, policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of the County. In order to create an effective land use pattern, zoning districts and their associated uses should closely correspond to the General Plan Land Use Pattern Allocation Guide(LUPAG) map for the area. The LUPAG Map is a graphic representation of the General Plan's goals and policies to guide the coordinated growth and development of the County. The density that is allowed in an area should also closely correspond with the infrastructure that is available to support it. For example, multiple-family residential and commercial -1- zoning would be more appropriate than single-family residential zoning in areas where there is adequate water, sewer,public services and roads because use of the existing infrastructure would be maximized by a larger population than if one residence where located on the property. The subject property is currently designated High Density Urban on the LUPAG Map and has been in this designation since the 2005 General Plan was adopted. This designation allows for commercial,multiple residential and related services. Thus, approval of the CN zoning request would allow for uses, such as the existing law office on parcel 25,that are consistent with the High Density Urban form depicted on the LUPAG Map. The land uses in the area are a mix of residential and commercial uses. The adjacent property to the south is zoned CN-20 and is the site of a kidney dialysis center. Properties across Kino`ole and Lanikaula Streets to the north and east are zoned RS-10 and are in single-family residential use. Properties to the west are zoned RM-1 and are mainly used for student housing. Approval of the CN zoning request would establish a more appropriate land use pattern by creating consistent zoning on parcel 25,rather than the property's current split or dual zoning district. All essential utilities and services are available to the site. Essential utilities such as County water, sewer, and electricity are already provided to parcel 25 to serve the existing law office. A commercial standard driveway currently provides access from Lanikaula Street to the paved law office parking lot. Police,fire and medical services are available in Hilo. These utilities and services will continue to be provided to the subject property(5,202-square foot remnant) since,due to consolidation,the remnant is now a portion of parcel 25. Based on the above, approval of the change of zone from a Single-Family Residential (RS-10)to a Neighborhood Commercial (CN-20)zoned district would result in an appropriate land use pattern that will further benefit the general public. -2- 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 condition of approval for the draft bill. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval for Change of Zone Ordinance No. 99 158,or any amendments thereto. -3- COUNTY OF HAWAII :•i.4 sot. STATE OF HAWAII BILL NO. ORDINANCE NO. (PLANNING DEPT) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL—20,000 SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO,HAWAII, COVERED BY TAX MAP KEY 2-2-025:024 (PORTION). 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 Hawai`i 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, Hawai`i, shall be Neighborhood Commercial—20,000 square feet(CN-20): Beginning at the north corner of this parcel of land, the west corner of Grant 10,124 to Chong C. Akana and on the southeast side of Lanikaula Street,the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI" being 3976.90 feet South and 6594.97 feet East, thence running by azimuths measured clockwise from True South: 1. 328° 10' 173.40 feet along Grant 10,124 to Chong C. Akana; 2. 58° 10' 30.00 feet along the remainder of the Abandoned Railroad Right-of-Way(30.00 feet wide); 3. 148° 10' 173.40 feet along Grant 8890 to Stanley Sims; 4. 238° 10' 30.00 feet along the southeast side of Lanikaula Street to the point of beginning and containing an area of 5,202 square feet. -1- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) 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 HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- R5-10 R5-10 R5-10 RM-4 R5-10 R5-10 R5-10 R5-10 3,976.80'S 6,594.97 E "HALM" Z�. �PJ�PS� o`�� �P�\ CN 20 S1 R5-10 • • CN-20 R5-10 CN-20 SINGLE-FAMILY RESIDENTIAL-10,000 SQFT(RS-10) TO NEIGHBORHOOD COMMERCIAL-20,000 SOFT(CN-20) 5,202 SQFT TOTAL RM-1 s� RM-1 RS-10 tY ps R5-10 RM-1 �o K5-10 Feet 0 125 250 500 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 SQFT (RS-10) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQFT (CN-20), AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMKS:(3)2-2-025:024(por.) 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