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HomeMy WebLinkAboutCOM 0981.009 2014-2016C W-11-1 1 Y r` ' KA1 1 1016 OCT 25 PH 12,, 34 October 22, 2016 Honorable Dru Mamo Kanuha Council Chair Hawaii County Council 25 Aupuni Street Hilo, Hawai'i 96720 Re: Council Bill No. 228 Dear Councilman Chair Kanuha: I am writing in the event we aren't able to meet ""face to face" to express my concerns about the proposed bill. Your community involvement speaks volumes of commitment to making our Big Island matter for our neighbors. I ask that you consider this for us in the larger picture. We have opposed the rezoning application because we know from experience that bad decisions bring consequences: • CN is forever and anything can be built on the lot as we have experienced already. • Rezoning conditions have not been followed in the past and continue through the present. • Blatant disregard for Ord 95-33 and the prohibited access to/from Punahele Street occurred over a period of more than 3 years with constant complaints both to Planning and Public Works who. issued both oral and written warnings that were followed for usually 2 weeks, then the violations continued till the next complaint. No citations were issued. • The subject lot was later used several different times as a parking lot in violation of residential zoning and a citation finally issued for the parking and not for the access to/from Punahele. • Pedestrians used the lot as access to/from Punahele and considering the increase in joggers, dog walkers and shortcut traffic also present safety/privacy issues. • Continuing violations currently exist whether they are failure to follow landscape plans or filing required documents. • Whether they are by conditions set by the Planning Director or by Ordinance — they were required but didn't happen. CW„m. No. � Ref: To: �A�. Date NAV 0 l 2616 • There has never been any explanation as to why the conditions were not fulfilled or why little enforcement of these conditions was done. • Both Gushikens and Reis have suffered health problems as a result of vehicle exhaust, sleep disturbance from noise — human and vehicular - from the "lot" as well as the Punahele Professional Building lot. • Our neighborhood has a "vested interest" in the effects of this property's use unlike its "transient purpose" as parking lot for the applicant. We live here, they don't! I believe that our 3 to 4 decade "vested occupancy" deserves more than "transient consideration". Please read our exhibit. It is evident the amount of time and manpower the County — Planning, Public Works, Police, Planning Commissions, County Councils - and the neighborhood have expended on this issue is considerable and yet nothing has changed. Their proposal is the same. Our objections - based on history with the applicant is still the same — no. Please also consider that 3 Planning Directors — Bobby Leithead, Chris Yuen, Duane Kanuha, their staff, and 3 times, Planning Commissions have given the Council "unfavorable recommendations" and, the 2007 Council Planning Committee voted the proposal down unanimously. In 2011, the request for rezoning was withdrawn by the applicant before it was sent to Council after a recommendation for disapproval was forwarded by the Planning Commission. Again, nothing has changed. As our representative to our government, you are also our neighbor. Consider the people. Please keep what is precious, unique and makes us a desired destination for others in the greater world. Please deny this rezoning Si ely, Cheryl R. is 65 Punahele Street Hilo, Hawai'I 96720 CHANGE OF ZONE APPLICATION i ? (REZ 14-000175 . HILO MEDICAL CENTER REQUEST: RS-7.5 To CN-7.5, TMK: (3) 2-3--035:13 REQUEST FOR DENIAL. Prepared y: Cheryl Reis October 2015 • • November 3, 2011 Planning Commission testimony Past and Present Letters from neighbors and Halai Kumiai MasterExhibit List.................................................................................................... 1 Exhibit 1: Map depicting orientation of homes and boundaries to proposed rezoning.................................................................... 000001 Exhibit 2: 1987 letter to Planning Commission by C. Reis re: concerns 000002 Exhibit 3: GELOCAG business info & article on tax discrepancy.......... 000004 Exhibit 4: 1994 Rezoning Request for Surgery Center ............................ 000019 Exhibit 5: November 4, 1994 letter from A. Takase re: entrance from Punahele Street instead of exit ................................................. 000036 Exhibit 6: November 9, 1994 Supplemental Background Report by Planning Department re: access to Punahele and impact....... 000038 Exhibit 7: November 9, 1994 Revised Supplemental Background Report re: planting screen along boundary ............................ 000046 Exhibit 8: November 17, 1994 Planning Commission hearing transcript deleting access to Punalnele.................................... 000060 Exhibit. 9: December 5, 1994 Planning Commission letter to GELOCAG & A. Takase specifying rezoning conditions .......................... 000072 Exhibit. 10: January 4, 1995 Planning Commission letter to County Council with specific conditions .............................................. 000075 Exhibit 11: Ord. 95-33, effective date March 15, 1995 .............................. 000081 Exhibit 12: January 12, 1995 letter from A. Takase to Haitsuka Brothers re: complaints............................................................ 000091 Exhibit 13: May 17, 1995 letter from A. Takase to Haitsuka Bros. re: Complaints and Ord. 95-33 .................................................... 000092 Exhibit 14: May 19, 1995 letter from C. Reis re: Haitsuka complaints And meeting with M & E Pacific ............................................. 000094 Exhibit 15: June 19, 1995 letter from C. Reis re: Haitsuka's after • Mitigation meeting and non-compliance ................................. 000109 Exhibit. 16: Continued violations, complaints and no results .................... 000112 Exhibit. 17: Haitsuka's/Loeffler accessing Punahele from Public Works. 000116 Exhibit 18: June 14, 1996 Planning Director V. Goldstein's citing Continued violation of Ord. 95-33 by Haitsuka's ................... 000134 Exhibit. 19: October 2, 1996 C. Reis letter to Planning and Public Works re: Haitsuka's violations and photos of view .............. 000138 Exhibit 20: October 14, 1999 minutes of meeting with Concept. Construction and neighbors re: concerns ................................ 000150 Exhibit. 21: Utility easement/Agreement. of Sale between GELOCAG/ Assoc. of Apartment. owners/Punahele Prof. Bldg ................. 000152 Exhibit 22: Photos of construction/repair activity on subject property ..... 000223 Exhibit 23: Final Plan approval for Rehab of the Pacific from Planning Department................................................................ 000231 •Exhibit 24: November 6, 1994 Plan approval for PPB ....................:........ 000235 Exhibit 25: Letter from Planning Dept. re: landscaping condition ........... 000239 Exhibit 26: February 21, 1997 final plan approval from Planning ............ 000241 Exhibit. 27: Certificates of Occupancy for Rehab of the Pacific ................. 000248 Exhibit. 28: May 28, 1997 Tentative approval based on condition - Compliance from Planning Dept ............................................. 000252 Exhibit. 29: ,July 9, 1997 Final Subdivision Approval and conditions........ 000255 Exhibit 30: Certificates of Occupancy for PPB .......................................... 000257 Exhibit 31: Photos of the Gushiken home with glare from parked vehicles through windows as well as exhaust fumes .............................. 000272 Exhibit. 32: Photos of subject property during non -permitted use ............ 000273 Exhibit. 33: Photos showing crushed vegetation; bend in support pole of 4 ft. fence from vehicle............................................................. 000276 • Exhibit 34: Day-Lum addressing our complaints. N.B.: original • complaint date and follow-up .................................................. 000277 Exhibit 35: Joint letter by Mrs. Gushiken and C. Reis to Planning Director, Chris Yuen re: "real-time" concerns about non -permitted parking lot ........................................................ 000278 Exhibit 36: March 1, 2007 letter from Sandra Song re: parking lot.......... 000281 Exhibit 37: October 3, 2007 witnessing Nancy Cabral, Property manager unlock and open gate to subject property from Punahele St. and leave. ACO Kelly Kent said A. Takase gave permission to "legally park in the lot"............................................................. 000283 Exhibit 38: Photos of HPD responding to disturbance by ACO Perera yelling at. my daughter for photo documentation of him parking in the non -permitted lot. Copy of M/P generated ..... 000294 Exhibit 39: Photos of typical activity in lot when in use. N.B.: photos of questionable activity not. provided. Also vehicles reverse parked toour homes............................................................................. 000296 Exhibit 40: More activity in non -permitted lot. where lunch picked up at. • Jilly's sometimes eaten in lot. or taken out ............................... 000308 Exhibit 41: PPB employee getting picked up to return and eat. lunch in diesel truck with engine running—AC on for 20-30 min..... 000313 Exhibit 42: Disturbance in non -permitted lot by HCCC visitors. HPD responded; lot cleared; moved to park on Punahele .... 000319 Exhibit 43: PPB employee parking.............................................................. 000323 Exhibit. 44: Google overview of PPC, our homes and non -permitted parkinglot in use...................................................................... 000325 Exhibit 45: Negative effects to our neighborhood when lot in use............ 000326 Exhibit. 46: When we are harassed............................................................. 000339 Exhibit. 47: April 5, 2007 Planning Commission transcript: with D. VandeCar disagreeing with Planning Dept.'s interpretation ..................... 000341 Exhibit 4$: October 19, 2007 Zoning Board of Appeals upheld citation for non -permitted violation. May 31, 2011 Planning Dept. letter • re: violation of condition on "subject property" ...................... 000368 Exhibit 49: May 31, 2016 letter from Sid nuke to Planning Director....... 000387 • Exhibit. 50: Photos of view from our home of PPB ................................... 000391 Exhibit 51: Photos of Toyota Corolla that. penetrated 4 ft. chainlink fence , 10 ft from our bedroom walls ...................... 000396 Exhibit 52: Required landscaping privacy screen by Ord 95-33 removed by Gerald Takase from Rehab boundary to rear of Mrs. Gushiken's home. Rubbish hauled through her yard after trees fell into yard after being cut. Have not been replaced as yet................................................................. 000401 Exhibit 53: No maintenance....................................................................... 000408 Exhibit. 54: Gate to subject property unlocked and ajar despite October 19, 2007 Zoning Board of Appeals order requiring it remain closed and locked. Another complaint was filed on September 12, 2016 and was locked several days later........... 000412 Exhibit. 55: Photos of lack of maintenance per Helco caused an insulator to explode with pieces hitting our home a few months ago .... 000413 • Exhibit 56: Photos of lack of maintenance on subject property with fire ants originating on that property ........................................ 000414 Exhibit. 57: Albezia from subject property fell on fence almost hitting Mrs. Gushiken's garage and house roof. Two calls to Gerald Takase were needed by her son Paul before responding after dark to remove them................................................................ 000416 Exhibit 58: Utility repair. N.B.: Helco pole located outside fence and accessible only by bucket truck as we stopped all access through our property for Takase's repair work ....................... 000421 Exhibit. 59: Our view of Mrs. Gushiken's property, which will be obscured due to lack of maintenance on property, inhibiting her safety and well-being............................................................ 000422 Exhibit. 60: More fallen trees toward our property .................................... 000424 Exhibit. 61: Photo of arcing insulator on Waianuenue similar to Exhibit 55 of insulator exploding on subject property pole. N.B.: location of 3 transformers on pole 15-20 from my 0 daughter's living room windows ............................................... 000426 Exhibit 62: Copies of rezoning condition violations filed with Planning... 000427 Exhibit 63: DOH rules governing vehicle emission and our neighborhood, particularly our 4 homes next. to Haitsuka/Concept Constr. Baseyard, during PPB's project. Conservative estimate of 25,000 heavy equip/vehicular movement. in 2 yr period......... 000435 Exhibit 64: Rough calculation of harmful effects by EPA formula ........... 000437 Exhibit 65: Description of incident between Lori Enomoto Hara and Nancy Cabral..................................................................... 000440 Exhibit 66: Letter from Cathy Takase, part. of GELOCAG, to Mrs. Gushiken.......................................................................... 000443 • 0 TEST/MONY 0 County of Hawaii Planning Commission November 3, 2011 Good morning Mr. Chairman and Members of the Commission. Thank you for the opportunity to comment against the proposed rezoning of TMK: 2-3-035-018, presently zoned as residential, to a parking and commercial lot. My name is Cheryl Reis, and my home is at 65 Punahele Street. My makai boundary shares the mauka boundary of the proposed lot. The Halai Kopa'a Tract subdivision is a small one containing seven homes and the Hawaii Community Correctional Center (HCCC). As neighbors, we watch out and help one another as a community should. We, Mrs. Marjorie Gushiken and I, feel partly responsible due to our naivete for the horror that is the Punahele Professional Building (PPB). We predicated our acceptance of the PBB/Rehab project, trusting that sworn statements and the ensuing mitigation agreement, along with consideration and respect for the existing homes, would be honored and the rules adhered to. Further, that the developer would value the small, residential neighborhood lifestyle, would not tamper or destroy it and live up to his pledge to be a "good neighbor". Quite the opposite occurred before the development started, as you can see by the exhibits we have submitted. Aside from a brief blip in our lives in 1987 when we fought a road from the proposed PPB coming between the Gushiken and Reis homes onto Punahele, we still enjoyed our neighborhood. We had had just completed an apartment upstairs of my main residence for my mother in 1993. She enjoyed the view from Mauna Kea to the ocean through her picture window. In 1994,. Mrs. Gushiken and I believed, so we agreed and there began the realization that some developers will say anything to solicit your agreement, only to renege on almost everything once their re -zoning is approved. We've received quite an education and will not be fooled again. Apparently in June 1994, in exchange for the installation of sewer lines for PPB and Rehab of the Pacific buildings, Haitsuka Brothers Construction Company of Oahu, was permitted by the Takases to use the vacant properties where Rehab and PPB now sit, as a baseyard and staging area for the County of Hawaii's Ainako Sewer Alignment Project. They used the "subject property" as an access/egress onto Punahele Street and equipment storage. Their hours of operation were 7 a.m. to 7 • p.m. daily, including most Saturdays and some Sundays. The weekends saw mostly equipment repair in the baseyard. This started the proof of our worst imaginings; a road between our two homes onto a small residential street with no sidewalks and the HCCC immediately fronting this ingress/egress. To approximately the end of December 1996, our bases for fighting against a road were proven emphatically. Our letters of concern to Allan Takase, resulted in letters from him to Haitsukas, several times with little results. The same with the County Planning and Public Works. These brought little, if any, lasting results as well. We contacted the State Environmental Health and their inspectors came out to monitor noise, fugitive dust and dirt, both hydraulic and diesel fluid spills, and exhaust over the entire area, to no avail. Our yards and Punahele Street had this contaminated runoff from the "subject property" during rains, which ultimately emptied into Hilo Bay. What a contradiction since the sewer project was to bring our County in alignment with the Clean Water Act and EPA guidelines. Our homes as well as those of neighbors, the Enomotos and Lou/Tom Yamauchi, had considerable dust damage to the exterior, not to mention the amount of dust and dirt • residue coming into our homes and lungs. Mr. George Gushiken was not well at the time and suffered considerably from horrific levels of diesel exhaust, fugitive dust, dirt clouds, and noise on a daily basis. My Mom, in her 80's, developed sensitivities to diesel exhaust, as did my children and I. Our entire neighborhood was adversely affected, (with the exception of a brief respite in 2006 and one in effect now, thanks to Zoning inspector Robert Usagawa), no one has fixed the problem. We had meetings with representatives of the County, Haitsukas, Gerald Takase, (former Hawaii County Deputy Corporation Counsel, representing his family), M & E Pacific, (former County Engineer Ed Harada's engineering firm overseeing the project), with promises and no results. Besides our environment concerns, the minutes of one formal meeting reflected our concern over Frank Bill, Supervisor of Haitsuka's project. He confronted my Mom, who had no idea what was going on, as he ranted at her through her screen door. After recounting the incident at the meeting, there was no reaction or action by anyone in authority, including his boss, Milton Haitsuka, or any County representatives in charge of the project. So I informed him that he was not to contact • any member of my family and to direct all concerns to me. If he failed to comply, I informed him that a criminal complaint would b filed. As a direct result of the • complete lack of compliance toany complaints voiced by us at this meeting, or directly to any of the overseers and lack of enforcement, my Mother ended up flying to Oahu to escape the continuing, worsening, grinding stress and pollution that surrounded us in our homes. Our complaint of mistreatment at his and his immediate subordinate, Roy Surface, hands joined quite a few others along the project route. On one occasion, during what I believe was a family dinner at the Gushikens, their daughter Sandra went outside to Roy Surface, foreman of the Haitsuka crew, to ask if they could quiet the machinery since it was dusk and explained about the gathering. She received an insulting and offensive "NO" among other comments and her request was essentially ignored. All this and no construction of the actual development had even started. There are other horror stories where the Enomoto's fence was knocked down by an excavator that tipped over with the operator still inside, while clearing the PPB property. This was witnessed by Carl Enomoto, the Enomoto's son) who was home from school that day and fortunately, no resident was injured. No one ever fixed the fence in spite of being advised of the damage. The Enomoto's dogs constantly ran away through the hole in the fence, causing additional aggravation for the Enomotos. • Our home was burglarized in broad daylight on Sunday as my Mom and I attended church services and were absent from home for two (2) hours. Upon our return, we must have interrupted the burglar who ran out the back through the PPB property and left all of our doors wide open. Oddly enough, my camcorder and still camera that I used to record dust damage, were the only items missing. We all filed dust damage complaints, which were settled with Haitsukas' insurance company. Money; however, will never make up for the aggravation, health risks, and disrespect our neighborhood has suffered. My Mom and I left for two weeks for a surgical procedure for her on Oahu and returned to find two power poles, two power cables strung across her view of the ocean and three transformers about twenty feet from her living room windows. You will note, the easement granted by GELOCAG, is for underground utilities. After PPC/Rehab were built, their employees, clients, HCCC personnel, visitors, and others stated parking in the "subject property". Because it wasn't maintained, parking was sporadic and only small areas free of grass were used, and as more grass was flattened, more cars came. 9 -. We had issues with the lack of landscaping that wasn't planted as part of the 1994 • (Ord. 95-33) rezoning conditions across the Puna boundary of the "subject property". On weekends, four wheel drive vehicles would access the PPB lot from Punahele Street. Pedestrians would walk along the Gusiken and Reis boundaries to and from Punahele Street. Then the parking got serious. We had the sun's reflection off the windshields of parked vehicles of employees, visitors, Attorneys, other State/County agencies and inmates reporting for incarceration from HCCC and PPB/Rehab/Jilly's clients. The heat, exhaust, noise from the vehicles and people were like being next to a strip mall. Not everyone is considerate of their surroundings, so litter, drugs, and alcohol use, sexual activity, yelling, loud voices, profanity, public urination, young children running about unsupervised, throwing gravel at our homes and yards, running into the street, and just about anything you don't was to imagine, much less see next to your home. And what about having this behavior where you live, witnessed by family and friends, to add to an already deplorable situation? Most are totally flabbergasted when they see and hear the activity. We learned later that Allan Takase had given permission to ACO Kelly Kent and everyone and anyone flooded into the lot. • In the past, when we sought solutions and relief, the very agencies from both the County and State that were charged with the oversight of this development, had little effect. I remind you that we have been at this debacle since 1994 and we're still seeking relief for the last seventeen years. Our lives and those of our families have been affected by the continuous stress of illegal land use, noise, noxious fumes and behavior, applications for parking lots/re- zoning, and sometimes just plain hostility. Most people respond to polite requests to quiet down or turn off their vehicle engines. Some are profane in their response and believe me, we have seen some champions at "stink eye". Just about everyone who has been allowed to or used that lot, displays an attitude of entitlement, as if they're owed the use because they own it or have permission from "the owner". Therefore, they can do as they want. This air of hostility and resentment did not exist before PPB employees were possibly directed to park on the "subject property", then were stopped; and the HCCC personnel were permitted to park thereafter. To compound the problem, following the second Board of Appeals hearing, my • .daughter, Vianne, walked out of this hearing room where we ware gathered today and saw Nancy Cabral facing Allan Takase, who was leaning against the wall. She ® then heard Ms. Cabral saying, `-'...those f --- ing a—holes just shot themselves in the f- --ing foot by agreeing to the fence..." Allan Takase looked uncomfortable and tried to quiet her. Vianne walked back into the hearing in disgust. At another of these hearings, Allan Takase had a letter to the Planning Director read into the record asking why Planning did not pursue and allegedly "illegal excavation" and stone wall "not built to code" done by the Gushikens on their property when they first constructed their home over forty (40) years ago and was approved by the County. Regrettably, I wasn't able to testify before this commission in April, 2007 due to a stay at Hilo Medical Center. But thanks to a good surgeon, Dr. Patterson, Hilo Medical Associates team, and great nurses, I'm here today and thankful. As a retired police officer, I've learned to work with others to resolve issues and if they don't want to work with you, you still give it your best shot. All this effort is only as good and as effective as the sincerity and integrity each entity brings to the table. Over the years, with regard to PPB and all the issues, we followed the system requirements and reported our concerns accordingly. As an officer, I also know real • evidence is the best evidence and therefore, you have an exhibit which chronicles in black, white and color; in real time, what our neighborhood has endured and our efforts to resolve them with essentially no results. We didn't want a road intruding our small neighborhood, testified, and it was deleted as a condition of re -zoning. We wanted a buffer of plants to do double duty for privacy, noise, exhaust mitigation, and be attractive that it would enhance their development and give us something nice to look at. That was also a condition of re -zoning. Those conditions are among others stated in Ord. 95-33, a law that was not enforced as you can see by the exhibits until 2006 and just a few months ago. We thought to be proactive and prevent problems and worked well with Bruce Hansen. According to Nancy Cabral in her testimony before you in 2007, "desire for a quiet neighborhood is a lost dream". When we first started, the dream was there; and unless you live next to a parking lot, you'll never fully understand. I once quoted KTA Puainako's paging system for anyone who's ever heard - "Jeff Ganzgan, Jeff Ganzagan, line 1," reverberating through the parking lot and into the • homes alongside, the lot.. The "people" volume in the illegal parking lot is usually a.. . shade lower than the loudspeaker, but with HCCC and PPB employees, it was loud. • Remember that we are also bounded by PPB's parking lot to the Puna side of our homes. What have you seen others do in a parking lot that they wouldn't do or want at home? The 1994 Planning Commission and County Council approved the development with conditions and an ordinance establishing them as law. The Takases were notified in writing at least fifteen times of these conditions. Yet they continued their violations. At the County Council meeting in 2007, we neighbors were characterized by some in PPB seeking the re -zoning as "selfish for not giving up our homes so they could have a parking lot". Further, that "doctors are leaving Hilo because there is no parking". The apparent goal is to solve a medical service shortage by concentrating medical facilities and having adequate parking. Yet we have first, Jilly's Deli, then Pete's Belly Bustazs, which were/are quite popular with off-site customers. They're in a building that was supposed to be occupied by "...medical, ...professional offices,.. —lawyers, accountant offices". How many parking stalls are used up for a non-medical service of breakfast, lunch, and snacks during a medical business day at PPB? Women's Imaging schedules every 15 minutes or so and when they moved to PPB, • there wasn't enough parking, then prompting the @007 re -zoning request. Does it have enough parking? While having a mammogram at Women's Imaging several years ago, I was asked "why I didn't want them parking next to my home". Imagine being asked this while a very sensitive area of your body is being compressed to about %Z inch thickness. My reply was this was not the "time or place" to discuss it. Women's Imaging had previously found my breast cancer in 1996 and saved my life, but to ask me that while in the process of the x-ray was very unprofessional. I'm sure the technician meant no harm, but it was another stressor that I didn't need. I never went back. Now an entity like HMC wants to expand and there's not enough parking already. What about the original PPB tenants — haven't their practices expanded — is there adequate parking now? Was it ever adequate? How much is enough? Is it PPB's "lost dream" to have "adequate parking"? We are also accused of not cooperating or participating when we're invited "to show support for their project". How could you consider inviting people to literally destroy their own lives by supporting a project that was wrong from before it was • built. My Mom went to Dr. Karen Nakamoto at PPB and received excellent care and I've • always appreciated that. I spoke with -Dr. Nakamoto at her invitation, out of respect for the care she had given my Mother, on our reasons for not wanting the "parking lot". This was prior to any hearings. The discussion was amicable. I have been retired for 17 years. I do not want to police someone else's problems created by their violations and lack of planning. Who's going to enforce new conditions when the key original conditions weren't? Our Zoning Inspector, Robert Usagawa, may not be around forever, so you will have a very hard time convincing any of us based on the exhibits and our past experiences that magically, the behavior will change. In prior testimony before this commission in 2007, Nancy Cabral dismissed these concerns about our past experiences as insignificant. I believe in your examination of the exhibits, that you may feel as we do, that they are significant in their impact on the quality of our lives in the neighborhood. There is an obvious absence of any sincere, concerted effort on the part of some to follow the law, and the County to ensure that we are equally treated and protected is clear. HMC may be seeking all that it assets now, but that could change, and we will not be fooled twice. • When HCCC was given permission to park in the lot and we complained — we were characterized as the "bad guys". We are treated this way by some of the PPB employees as well. So perhaps if the conditions of re -zoning had been followed, enforced, and respected by the developer, this hostile attitude toward the neighborhood would not have been created. Before the Haitsukas, the development, etc., the biggest problem we had with that lot was cleaning vegetation from the "subject property" along our property boundaries. No we have problems. I ask you, who's responsible? We aren't looking for special or extraordinary treatment, but for fair and equal treatment that we expected and should have received under Ordinance 95-33, from the developer and the former County officials charged with oversight. Ordinance 95-33 sets conditions to achieve your development. You agreed to those conditions. There is nothing more to say except, if the law had been followed, perhaps none of us would be here today or have wasted as much time and money on all this negativity. 0- -. My Mother would have been 97, this coming January. She had a fatal stroke on October 5, 2007 — one day after the re -zoning hearing denying this request. She passed away on October 19, 2007, the day the Zoning Board of Appeals upheld the parking lot violation by the Takases. She never got to enjoy the relative peace we have now. It's too late for my Mom, but you can make a difference in the rest of our lives and those of our families with the right decision. You can't hide or dress up a parking lot or 7 -Eleven. They will always be parking lots or a 7 -Eleven. Remember, that's what we have behind our homes now. No parking lot or commercial entity on that property! Please deny the re -zoning! 0 • �J • C7 Mrs. Marjorie Gushiken, 51 Punahele Street Mrs. Kapuaokalanl K. Andrade, 44 Punahele Street Mrs. Lori Enomoto W W: lila 9 - dl +W'. b i a Dr. A Stephen Woo., Jr., M.D., 193 Halai Street • 0 PLWL,T:,XG, commss lox JULY 7, �016 Members of the Commission: MInameis Marjorie Gushiken and I am, 87 -years -old. I live at 51 Punahele Street, T14K 2-3-025-017, adjacent to the subject property 2-3-035-018. My family has lived here for over 415 years. I am writir),g this letter. to testify against the re-zoaing of Parcel IS from residential to commercial. IT strongly object to having a parking lot next to min. home. At one poInt in time, said lot was cleared of brush and used as a base and for de` elopment of the Ainako Sewer Pro Ject. During the two-year per -iod,. my family -was subjected to toxic exhaust U aust fumes and disturbi-ag noise jErc-m constant veh4cula'r trafficm My health was seroly iuscompromised by causing me to suffer daily headaches and requiting me to be under doctor's care. Subsequently, employee$ and staff of'the Puuho Professlonal Building as well as staff f and inmates from Hawab. Community Correctional Center started using said Property as an illegal parking lot. Again my family was subjected to exhaust fumes from People reverse parkin g and disturbances from vehicular traffic, in addition, we were fearful for our safety as inma . tes,,thei'r visitors and anyone parking there, could look directly liar'' -0, my home. We had nolprivacy from anyone else who used the illegal Parkin Wwri lot because it aSLconvenient. There as dnking . .'and L other disturbances going on with nm Bio one to-onillegal. -itor , these % activities. I understand that there is a proposal from the ourners, GEELOCAG, but I know that what they propose il', not be feasibly enforceable.. I believe that 1 am entitled to live in a safe and healthy' neig I also btlieve that 1, along with air gamily;and guests, am, entitled to the enjOY-Ment of my hoxte:which is highly unl� 'likely with .re -zoning parcel IS to commercial. _ I sincerely hope that all 0', you here today will take my concerns into consideration, I As a long time resident of this community, 1would like to have the peace of mind. that I aid my family will contJnue to live In a health and: safe neighborhood. August 16, 2016 10 Planning Committee of the County Couni My name is s,.. and grew up at 44 Punahele Street with my grandfather, Joseph I Santos, my Parents, Samuel and aP. r Sr., my brother, The Association had already sumitted plans for the existing medical facilities and bullding with paved parking. Why a parking lot betotreen twohomes with families living there. Mahalo to the Planning Committee for allowing me to voice my concerns and thank you for your attention, M 9 0 WINDWARD PLANNING COMMISSION TESTIMONY November 3, 201. 1 Mr. chairman and members of the Commission, My name is Kapuaokalani Andrade. My husband, Ronald and, I live at 44 Punahele Street. I don't understand why the rezoning application for a parcel consisting of 9,230 square feet, from single family residential(RS7.5) to Neighborhood Commercial(CN7.5) is being considered again. We, the adjoining neighbors had attended the different sessions of commission, County Council and appeal board meetings. At those meetings, we voiced, our concerns and reasons requesting the denial of the rezoning application, On October 3,, 2007, the County Council unanimously denied the rezoning application, and yet, now 4 years later we are doing this again. We are telling you again that we do not want and are very 'much against this request. We live next to the Hawaii Community Correctional Center across from the subject parcel. Hawaii County Code 95-33 is a law stating no ace ' ess to the site from Punaliele Street. But the owners of this parcel installed a chain link fence, 6 feet high with a gate to and graveled the lot. Of course this was done for the purpose of developing a parking lot. ' en the County Council denied the, rezoning, the gate was supposed to remain locked but it was unlocked and opened that saine night. The vinyl fencing was installed with and opening and stairs into the back area of the parcel. The gate was left open and cars were parking in. the parcel from late 2007 until 2011., Again, the gate was supposed to be locked. I don't know if any of the medical staff form the Punahele Professional Building parked their cars on the parcel. 9 The staff of the Hawaii Community Correctional Center andoutsiders have been parking in the lot 24 hours a day and 7 days a week. The vegetation growth In the lot has been maintained by the inmates under the supervision of the HCCC guards. Again, the gate was supposed to be locked. We've had to deal with less safety and peace of mind; less privacy and security; more traffic congestion. — vehicle and pedestrian; more air pollution such as exhaust furnes, loud noises from vehicles. and people; also public urination and personal1home trash left on the lot. We do not see a benefit nor a positive development for our neighborhood with this rezoning application. Please vote no on this rezoning request. Thank you very much for allowing any letter to be read at this meeting, • • M 0 • 0 Ir#vWTM . WIMPAWOMM WA County of Hawaii, County Council Bill 228 directly affects residents in the surrounding areas of the parking lot. The parking lot was, created with much opposition from the current residents as well as past residents in the area. The: parking lot is a detriment to the neighborhood because people will be able to hang out there, which may lead to increased burglaries in the neighborhood. Please do not open t parking lot for the safety of the neighborhood. Sincerely, Lori Nara z Planning Commission County of Hawaii 101 Aupunl Street Hilo HI 96720 Dear Chairman Kerr arid Members of the Commission, My name is Lori Enomoto Hara and own a home which I now rent 0 at 79 Punahele Street. I am writing in support of our ngj_cLh_borV request to denyi the rezonin i i _ion Hilo Medical _Center (REZ 11-00001M Although Ws a fairly recent rental unit now, my brotherland I grew up there and remember the nice and fairly quiet neighborhood, that it was. Over the years we saw the Surgery Center develop causing disruption and damage to our: lives and property. Myparents owned Restaurant Satsuk! and spent many hard hours there with my brother's and my part-time help after school. Caring for our home: and: yard was a family effort as well. We had a six (6) foot chain fink:fence surrounding our yard: to accommodate our two pet dogs. The noise and exhaust from cars in the parking further aggravated our situation. We fina�lly had only one peti Pookie;, who was very good watch dog. Our problem was that people who came to the Surgery Center, including their outdoor maintenance person, would come to the fence and tease Pookie, making him bark for the entire time he was working in lot. Punahele Street, below Komohana, has become increasingly hard to navigate because of increased traffic. Most of us reverse out, but .even trying to exit our driveways forward has become along wait"' for traffic to and from Komohana, the two HCCC driveways and the periods when people have been allowed to park in the proposed lot. On October 2, 2007, in the evening I returned home from work and found a large white SUV parked in the center of my driveway (blocking access to my garage) with no one around. I went around the block trying'to figure out who owned the vehicle. I returned to my driv- a u managed to park by driving into my yard around the SUV to my paved parking space. I went into my home and started dinner. Sometime later, I heard someone calling from outside and went out. I was met by a Caucasian woman who introduced herself as Nancy Cabral and said that she was sorry and had parked in the driveway as she went to talk to others down the street about the proposed parking lot. She went on that she knew I wouldn't be affected by the lot and that Cheryl Reis has been using my name in conjunction with hearings on the rezoning. This was confusing as the woman was talking about my dogs making other dogs bark, and a vinyl fence in the back if I supported the parking lot would prevent my dogs from barking, etc. I was also uncomfortable with Ms. Cabral just talking at me and not giving me a chance. to speak. Ms. Cabral then asked if my parents were interested in selling their house and I said that I had bought the home from them and was not interested in selling the home I grew up in. Cabral replied - ""oh yeah for 10 dollars and somethingand laughed. I was disturbed by the remark and inquir . y to sell feeling that this was none of the woman's business, and told Ms. Cabral that I needed� to return to my dinner on the stove. Ms. Cabral then handed me a letter repeating that the rezoning hearing was the following day. My mother, Adele Enomoto,, who now lives in Kona has always been against adding more traffic to our street. I agree with her and feel that, should I ever decide to sell my property, the negative impacts trafficand lack of privacy issues may affect our property values. I Our feelings and circumstances should matter when it concerns our fives :Ienv the rezo;�� r-- nest, to prevent further • negative effects on the neighborhood. Sincerely, Lori Enomoto Clara 11 E July 7, 2 01.6 Hawa3'i County Planning Commission 101 Aupuni Street Suite 3 Hilo, HI 96720 Dear Commissioners: My name is A. Stephen Woo, Jr., and I have lived in the Halai Hill area for over 40 years. Thank you for the opportunity to present my opposing viewpoint regarding changing the zoning of the property at 49 Punahele Street (TMK 2-3-035:018) from Family Residential (RS -7.5) to Neighborhood Commercial (CN -7.5). I offer three points for consideration: 1. Residential remains the best use of this parcel. Punahele Street, a narrow street with marginal shoulders and no sidewalks, is suitable only for residential and not commercial traffic. Moreover it is often used by students walking on the road to Hilo Intermediate School nearby. 2. Loss of residential (RS -7.5) zoning will profoundly affect the neighborhood. The Single Family Residential zoning provides homeowners a certain degree of safety and security for their families. Stripping this protection from the area would introduce activities and. enterprises of uncertain nature and present new and complex problems for those living there. Even so, residential zoning is not always protective. For example, one of our neighbors lives next to the lot in question. She and her husband, now deceased, built their home forty-five years ago when the area was semi -rural and tranquil, But a few years ago the lot was put into use as parking lot for the benefit of personnel working nearby. This was in clear violation of the residential zoning code. For years the poor woman suffered from the exhaust fumes and noisy diesels as drivers reverse parked their vehicles just a few feet from her bedroom window, -Only after a complaint wasfiled in 2011 did the activity stop. (Enclosure, file 2011.-036E) Sad to say, the Notice of Violation records a similar violation in 2006, elevating the 2011 event to the level of a ""recurring violation.' 3. by is there a parking problem? The answer is taken directly from the "Notice of Submittal" from the Hilo Medical Center: "While there is on-site parking that satisfies the minitnum requirements of the Zoning Code, HMC believes that additional parking proximate to these buildings is still needed." o be blunt, the term minirnut'n requirements, means "the leastyou can get away with" No wonder there is a shortage in parking! Also there seems to be a lack of planning regarding the location of parking areas. The large building at 73 Pu'u Honua Place offers only eleven parking spaces in front. When these are full, patients must walk up to and cross a busy driveway (which incidentally has no designated crosswalk) to reach their cars in stalls at the base of Halai Hill. In summary, the parking problem is fundamental and will take much more than acquiring a 9000 foot parcel on Punahele Street to resolve. A. Stephen Woo, Jr. LJ ialdri Kumlail /0 Ms. Sally Kegler, ler, Secretaryr 40 Hina Street Hilo, HI 9672-0 September , 2016 Mr. Duane Kanuha, Director Haul°l County Planning Department 101 Pauahl Street, Sprite Iii, lel 96720 RE, STI RONG OBJECTIONS To pEZ 14�175 Dear gird Xanuhar I am writing on behalf of the i-laib1i Kumiai regarding REZ 14-175, an appiiCation r a Change of Zone frOnI Single Family residential -7.5 to Nei,,hbod-iood Commercial (CH - 7,S) for TMK 2-3-035:01a located at 49 Punahele Street in Hilo. The,Halal Kumiai is s ll -established group Of neighbors representing approxir t l € l l i the neighborhoods between I(Ornollana, Walanuenue, Kapiolaril, and Ponobawai in mauka downtown ® Hilo. For the past years, a central part of our missions has been to provide a voice wherebye r members can communicate with conimunityauthOdties regarding, matters Of m a concern to the rlai. During its September 1 , 20.6 eet!n ,. the duly elected Board of the 1481BI iiUmial, with 7 of members present, voted unanimously ously; gibs ogre mernberrecusing he ei to reaffirm for you thatthe Runflad stroorgly eb e to the Proposed ange w';. e � . Dace again the i ala`l Komial is burdened with the arduous task of defending our right to remain a residential corrrmenit , For more than 20 ears now residents have come before the Planning i Commission and County Council and have had to defend Punahele Streefs status a a residential street, We stand firrn firthat Punahele tro t is and ShOuld remain nssidential and only residentia.. What Hilo Medical Center is proposing lsto make a vacant hoUse lot in the middle of the block lata a parking list. Essentially this application .attempts to roa e this residential lot Commercial, We str no Protest and re -affirm that all permitted s In the plaighborhoodComrnzVC184 District are gly inappropriate for eat site, including a pei-king lot, plone oi'tl e permitted uses in the Neighborhood Commercial District should be located in the middle of a residential street. Wd understand that Bill 2-28, Praft 2 is an »», Impactatteat ' ting the s of parkft lot on no- mithRe ishbors and © neighborhood. ©uthis whole line of reamOing is an 'end run" around; the single, stark, glaring Issue that this r4ighborhOod firmly and Unequivimmlly rejects S* and an plans to agablish a cornroarda;l dbbft in the middle of a naddoWN sirmt, k igneres the issue Othat the neighb6rhoold has said NOO Thank you for the opportunity to *voice our concerns L4P`d1t@0& houselot. We ask that: you g7lve serious consideration to our plea that this, request, be; den' Respectfully submi d, n MrsKe . salpgleecr , i r , . etary xc: Mr -Aaron Chung, 14awaiq County Courtcil E IIAL CHANGE OF ZONE APPLICAT--ON HILO MED19AL CENTER REZ- 4-0001n The following request for denial of this application is submitted by: Cheryl R. and Vianne B. Reis 65 Punahele Street Hilo, HL T13MM71 41 Punal�ele Street Hilo, HI Mrs. Kapuaokalani Kailipaka Andrade 44 Punahele Street Hilo, HI Mrs Lori Enomoto Hara 79 Punahele Street Hilo, HI The homes of Gushiken, Reis and Enomoto share a commonrear boundary with the Punahele Professional Building (PPB) TMK 2-3-35- 42. This common boundary is also shared by the "subject property". The Andrade's home is across Punahele Street facing the Gushiken's. We start from the original rezoning request for the Punah e'e Professional Building (hereafter referred to as PPB)/Rehab of the Pacific project to the present. And, while we realize it is a fairly lengthy exhibit, ask your patience in completing your examinatlic of its contents to understand the basis for our request that you deny this application. I 0 11 'Under the "Hawaii County General Plan,— Housing Sec. 9.1 Introduction and Analysis Housing,provides more than just shelter from the natural, elements. A person's home is not only a place of security and comfort, but also a place for entertainment and recreation. Housing also allows a person to express his/her individual living styles by providing a place from which one can. seek a psychological, sociological., economic and aesthetic balance... The placement or settlement patterns of these residential lands and the form of housing are major influences on the environment and aesthetic setting of the island ... In the social and human realm, adequate housing is one of the primary factors that provides a person a sense of satisfaction and well being. For most families, it is a major expenditure of the household income and represents, in varying degrees, long term commitments to a place and/o - r community, In turn, these commitments contribute to a community's s , ense if well being and stability. In March, 1987, Mrs Gushiken, her husband, George (now deceased), and I ing Commission when notified of Komohana expressed concerns to the Plan:n z 79's (Allan Takase) intent to develop the PPB property. Exhibit 2 In early 1994, we were again.notift.ed of the impending development request of PPB by GELOG (later chan'ged to GELOCAG) Partnership & Dr. Allan Takase. The exhibit shows GELOCAG's agent as Gerald Takase, (formerly First Deputy Corporation Counsel of Hawaii County until earlier in 2011 when he became head of Hawaii. County's Liquor Control) and members comprised of his siblings. Exhibit 3 The 1994 Rezoning Request states on Page IITERAL INTRODUCTION ...The applicants intend to construct an office building geared to the medical and medical -related profession. The intended uses would be similar to the uses across of the subject property along Pu'uhonu Place. While priority would be given to the medical professions, other professional office uses, such as lawyer, accountant, etc. – may be considered..." Jilly's Deli/Pete's Belly Bustazs would be difficult to fit in these categories. page 4: "—the other access would be via a 9,230 square, foot parcel (TMK:2-3-35: 18) betweenZ the subject parcel and Punahete Street. This parcel., which is owned by one of the applicants, has a width of N seventy-one (71) feet and is planned to be improved with a 24 -foot a . This, roadway would sense as a secondary County standard roadway access to the subject site... c. Subdivision At this point in time, the applicants have no intention of subdividing the property. The proposed roadway lot (TNIK: 2-3- 3 5: 18) is intended to be consolidated with the subject parcel. It is not planned to be zoned for CN uses..." page 11: ... An alternative access to Punahele Street is also being proposed. This should assist with some of the turning movement into Pu'uhonu Place, but more critically with the outbound traffic. With this new access to Punahele Street, alternative streets — particularly to the Downtown area — can now be more readily accessible to and from this site. This should reduce the load at the intersection of Puuhonu Place with Komohana Street..." page 12 ", ..Any impacts, however, would be along the north or Hamakua end where there are existing homes. As such, the applicant has designed his project 'to site all structures away from those homes. Parking and open space areas would serve as a buffer between the project site and those homes. It should also be noted that the intended users of the proposed building will be professional offices. These are diurnal uses, uses that occur essentially during the day. These uses should pose little, if any, nocturnal impacts... Landscaping will also be included within the project site, particularly along those areas bordering residential dwellings..." As built, "the open spaces and -parking" offer no buffer and are, in reality, a disruption and a definite negative impact on privacy, health and safety for our adjoining homes. Ex . hibit 4 In a letter dated November 4, 1994 from Allan Takase to the Planning Director Virginia Goldstein, he states "...we would like to make the following proposals to deal with the concerns addressed by the County and the adjoining property owners. First we would propose to delete the exit from the property to Punahele Street. It is our understanding that neighbors have no problems with t lie rezoning itself, only with the traffic that might be generated next to their houses. If an entrance from Punahele were allowed by deleting this I C roadway. we feel that this action. wouldeliminate this concern..." Is an entrance less of a roadway than an exit? In a. Supplemental Background Report prepared by the Planning Department, dated November 9, 1994: Exhibit 5 Page 2: "...4. At the .planning Commission's September 22, 1994, public hearing. ..the Planning Director recommended favorable consideration of the change of zone request subject to the fallowing conditions: A. The applicant, its successors, or assigns shall be responsible for complying with all of the stated conditions off approval..." page 5: "...6. a .... Prit:-nary access to the proposed development will be provided from Pu'uhonu Place ... which will direct traffic to two proposed parking areas.. The originally proposed secondary access to Punahele Street will be deleted, thereby alleviating any potential traffic impacts to Pm-ahele Street and the resident which live along this roadway..." ' Exhibit In its revised recommendation.of the same date, the Planning Department cites on ©gage - tinder the goals and policies of the Commercial lenient: "...The development of commercial facilities should be designed to into the locale with minimal intrusion -while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the reviewof such, developments..." ft Page S "...In response to traffic concerns along Punahele Street and the adverse impacts to adjoining residences should such an access road be provided, the Planning Director and the applicant have agreed to delete a secondary access road to Punahele Street. This will alleviated any traffic impacts to Punahele Street which is a narrow residential roadway not capable of supporting commercial traffic. The elimination of this secondary access roadway will also spare the 2 residents along Punahele Street from the impacts such added traffic would generate..." Page 7: "...As recommended by the Department of Public Works, a 6_ foot high privacy wall or other form of sound barrier will be required along all of the common boundaries between the subject property and the adjoining residential tots, including along the project's access on Punahele..." Exhibit 7 Page 2 of the Planning Commission's November 17,, 1.994 hearing transcript,.- "...During this meeting, concerns regarding the proposed development and the traffic generated were raised by the general public as well as concerns regarding these conditions that were raised by various governmental agencies. The Commission, at the request of the Department, continued this application, the: hearing to allow staffto work with tI applicant in addressing some of these concerns. We have done so and the applicants' most recent proposal is to delete this access connection to Punahele Street, thereby alleviating concerns regarding traffic and it impact to residents locate in the area here. Furthermore, that would then negate the necessity of having to have Punahele Street upgraded to accommodate commercial traffic..." In. the same document, Allan Takase and I are sworn in. What is discussed in pages 3 through 10 are our neighborhood concerns and Allan Takase's proposals on which we predicted ated our acceptance of the development. It should be noted that Commissioner Sally Rice was concerned over our understanding of the CN zoning and her comments and., in particular, the last one on page 12 was prophetic for our neighborhood and warrants your reading. Also discussed is the presence of Haitsuka Brothers' baseyard for the County -funded Ainako Sewer Alignment project. Exhibit 8 The resulting letter dated December 5, 1994 from the Planning Commission to GELOCAG and Allan Takase specifying the rezoning conditions. Of note is the inclusion of p.1 B."...Plans shall also include a minimum 6 -foot high privacy wall or landscaping buffer along the subject property's common boundaries with adjoining single family residential properties along Punahele Street for the purpose of mitigating any potential adverse noise and visual impacts. Should a landscaping buffer be utilized for this purpose, it 5 shall be provided to the extent=that a continuous, unbroken heavy planting screen, no less than 6 feet in h'eight, is established prior to, the issuance of.a. certificate of occupancy for any portion of the commercial development..." And p. 2 D. "Access to the subject property from Punahele Street shall not be permitted..," Exhibit 9 Letter dated January 4, 1995 from the Planning Commission to the County Council with recommendations for rezoning specifically on Page 4: re: Punahele Street access prohibition; and. Page 5 &:. d re: common boundaries' buffer issues. exhibit 1 Ordinance 95-33 re: rezoning conditions which took effect March 7, 1995 again stating inclusion of landscaping buffer and no access from. Punahele. Exhibit 11 Letter from .Allan °Takase to Haitsuka Brothers dated. January 12, 1.995,, addressing our complaints about continued dust, noise and water runoff. Language in the letter validates all our concerns about any commercial .� vehicular activity on the "subject property". It still continued. Exhibit 12 Letter from Allan Takase to Haitsuka Brothers, dated May 1.7,1995, re: baseyard It should be noted. that "subject property" and PPB/Rehab property were not cleared and graded until :tune, 1994,.in preparation for the Haitsuka baseyard which none of the neighbors had been informed of in advance. the letter addresses the mitigation and continued usage of Punallele Street as an access (turd. 95-33 violation) and, in. paragraph "1 ... We would like your assistance in locating these materials and all items ,whish may infringe on the privacy (what little they tray have left) as far away from the private residences as possible..." * " 3....It have been. brought to our attention. that people have been using the access between the keis and Gushiken properties for access ... 'Mould it be possible to.block your end with equipment at night/weekends and we", will do the same on our end..." 31 .The neighbors mustlive there, and anything that can be done to ease the burden of the construction all around them. will be greatly appreciated by them and us. Little irritations can grow if not checked and develop into problems that we may all regret and can't resolve..." Public Works was well aware of the entire area being used simultaneously by Haitsuka Brothers for the County project and Loeffler Construction's rubbing, grading and excavation of at least 70,000 plus cubic yards, of soil/cinders from the base of Dalai Hill that was trucked via the "subject property" and ingress/egress through Punahele Street after March 7, 1995 when Ord. 95-33 was enacted. When the mix of trafficiwith the construction vehicles/equipment on Pu'uhonu Way presented problems, Punahele Street's ingress/egress was the "go to" solution. • Access to and from Puqahele Street continued in. spite of neighbors' complaints to both Planning and Public Works. • It still continued. Exhibit .3 My letter of May 19, 1995 as basis for the June 2, 1995 meeting and minutes by M&E Pacific of re: Haitsuka Brothers' issues. Gerald Takase attended representing his family. Please note that aside from the envirolunental concerns, Supervisor Frank, Bill's threatening behavior toward my Mother, Bertha Awaya, was discussedland, only after I advised all present, that any repeat of his threatening and harassing behavior toward my mother, my family or any of the neighbors will be handled as a criminal complaint was any action taken. by the County and Haitsukas. At this point the project had been ongoing for almost a year and, in spite of the numerous complaints cited, nothing had been done to prevent further problems or consistent mitigation of the residents of the entire length of the project route. Exhibit 14 My letter dated June 19, 1995°, re: Haitsuka's after-the-initigation meeting and continued non-compliance. Exhibit .1.5 7 Throughout 1995, '1 continued'to make, oral reports about the access violations and environmental concerns to William Yama-noha, Planner assigned to the project by the Planning Departinent who said he would look into the matter each time. q Reports were made to Yamanoha because he carne, unsolicited, to both Mrs. Ciushiken and me to assure us that he would try to help us in whatever way he could. He even came out to see the site after reports were made. He was also reminded of Ord. 95-33. 1 discussed our concerns repeatedly with Jiro Sumada, Deputy Engineer, County Public Works, and Virginia Goldstein, Planning Director. Both visited Haitsuka's baseyard. It should also be noted: that Jiro Sumada even met with Gerald Takase at the site to discuss mitigation and accessing of Punahele during this period, at least three times after Ord. 95-33 was in. effect and I reminded him ofthis each time I made a complaint. Jiro Sumada came to the site at least three other times to discuss on- going on -compliance of dust and access issues with Haitsukas. It should be noted that only "complaints" were addressed and no follow up to complaints for compliance were made unless another complaint was generated. Ingress/egress onto Punahele continued and more dirt and dust was generated daily. Virginia Goldstein came twice to inspect water runoff into the Gushiken and Reis properties as well as the non-compliance of the Punahele access. This Was after I informed her that the "mass rock retaining wall at the rear of my property .had water shoo6no- out of the wall, not the "weep holes", three feet onto my backyard. The architect, Stanley Pank-o, of Honolulu, came also to inspect the wall. When I informed him 'of the water, he said I was "crazy" and stated he "had no time to waste viewing the video" I had of the water shooting from the wall'. Violations without any censure continued daily. 0 Letter dated January 8,1996, ftom Planning Department to Allan Takase re: • continued access violation fi-om. and through Punahele Street., Exhibit .16 Memo dated June 14, 1996 from Public Works to Planning Department re: continued non-compliance with See. D of Ord. 95-3 )3, no access to or from Punahele Street. Also, at a later date the damage to the pavement at Pu'uhonu Place from Haitsukas and Loeffler Construction using it as ingress/egress instead of Punahele for about two (2) weeks was repaired by Loeffler at an even contribution by Loeffler Construction, Public Works, Haitsuka Brothers and the Takases. October 9, 1996 letter to William Loeffler Construction, Haitsuka Brothers and Allan Takase a Letter dated January 29 1997 to William Loeffler Construction and Haitsuka. Brothers from; County of Hawaii Public Works * Memorandum dated February 3, 1997 To Bruce Hansen, Concept Construction from County of Hawaii Public Works a Internal memorandum dated February 19, 1997 to Jiro Sumada, County of Hawaii Public Works, Deputy Chief Engineer from Casey Yanagihara. Letter dated March 4, 1 ' 9 D 97 to Attorney Brian e Lima from County of Hawaii. Public Works White the Puuhonu pavernent was repaired access resumed on Punahele ExhibitV Warning letter dated June 14,, 19"96 from Planning Department again. re: access violation to Haitsuka" s, baseyard from, Punahele Street and the penalty on failure to comply. Exhibit 18 It should be noted that compliance, if it occurred, lasted only one (1) to two (2) weeks following these cations, and violations would begin again A generating more complaints. This was repeated until I believe the final piece of Haitsuka's equipment was removed in December, 1996. During this removal, the trailer large enough to carry a large tractor, was being manually maneuvered by two Haitsuka employees, to the rear of my backyard, got away from them and crashedinto my property inches from where I had been standing two minutes before. We have video tape of the damage and trailer. We might have been able to provide more photo documentation, if our home had not been burglarized white we were at church and absent for two hours on a Sunday. Curiously, only the video and still cameras were taken. We did have photos in the still camera of a Concept Construction excavator i that had gone too close to the 'north boundary of PPB during , construction and fell over on to the E-nomoto's fence knocking a portion of it down. The damage was never repaired in spire of both Adele Enomoto's and my notification of the incident to Bruce Hansen. It was also witnessed by Carl Enomoto, Adele's sort. My letter dated October 2, 1996 to Virginia Goldstein and Donna Kiyosaki, County Engineer re: our concerns with the forthcoming PPB/Rehab development based on totally unsatisfactory enforcement and follow-up with the same fnistrating, recurring problems. We specifically addressed. that the "subject property" remain residential. Our experiences with the Haitsukas .had more than confirmed ourw'orst fears of moving vehicular traffic in that location. Exhibits 19 & 19a Letter dated October 14, 1996 from Concept Development's Bruce Hansen re: infortnational/airing of concerns meeting with neighbors of PPB development. Residential property wasn't to beused except for -utilities. Please note the residents attending. Exhibit 20 Copy of easement and Land Court documents for sewer, Water Supply, Copy HELCO and GTE Hawaiian Telephone Company for underground utilities — installation and maintenance on residential lot. In the easement grant, itis stated that utilities were to be underground. ,® The IAELCO line and transformers are not, IN • Page 6 of the notarized Agreement of Sale, signed by Gerald Takase, Lori J. Takase., Cathy L." Takase, Glenn M. Takase as sellers; and Purchasers, AOAO PPB, unknown first signature,and Allan S. Takase, states under "...3.8 CpnTliance with All Laws. That the Purchaser will faithfully observe, perform and abide by all laws, governmental ordinances., rules and, regulations applicable to said premises including but not limited to all lawful requirements of any health authority operating within the county or city and county in which said property is located... Exhibits 21 & 21a Shortly after the water lines were installed above ground on the "Subject property, I called Bruce Hansen to notify him that one of the PVC pipes had burst sending afountain of water about 10 feet high and burst my hose located as the first water spigot from nay meter and County hook up. He shut off the water and offered to replace the hose. I didn't think it was necessary. Soon after, I started having problems with water faucet leaks within my borne and made two (2) reports to Water Supply. They added additional washers to the Takase's water line and the leaks abated although my water pressure, continued to be rather high at the first spigot outside. I found out later, that my water regulator had broken. In 1.997, my Mom, then 83, and I returned to Hilo from her surgery and two week recovery on Oahu to find an above ground utility pole installed, with three (3) transformers directly outside her living room window in the upstairs of our home. Strung across what once was a lovely and clear view of the ocean. - the purpose of her picture window — were three power cables. I checked with Bill Yarnanoha and he said there was nothing they could do. No one either in. the Department of Health or HELCO could answer our questions about the safety of the transformers which are still there and serve as a reminder still of the "minimal intrusion" of the development to my family. I have included two (2) photos — one of oil the actual transformers as seen through what is now my daughter's living room window, and the other,, what, an "insulator" (considerably smaller than. the transformer) looks like that exploded on a pole at Komohana/Punahele just recently. HELCO asked once to, access the pole and transformers through any property which we granted, since the chain link fence installed by the owners, on the front and sides of the "subject property", block their access to PPB's equipment. Since then, FTELCO just comes through our property as does Oceanic Cable, at will, and we learn about it "after the fact" from our neighbors. You will note that all drawings of the easement and fence show the power pole within the fence — it is outside the fence. During the last application for rezoning in 2007, Property Manager Nancy Cabral, identified to Council members Bob Jacobsen and Dominic Yagong, this was "the Reis" pole. e Since the utility easement 1"or the Rehab and PPB runs through the "subject property" servicing that is accessible through that property brings more noise, noxious diesel fumes and lack of privacy. a Further, in the instance of the back -hoe photos, Plumbers could not locate a leaking waterpip i e for the Rehab building either by the plans or the builder- Concept Construction's Bruce Hansen... My daughter, Vianne, asked what they were doing as there seemed to be some confusion and pointed out the, location as next to our property. The plumber was skeptical and diplomatically commented that it was unusual for water to be located near the electrical. They dug in two (2) other locations on the subject property before finding the line My ,family and I do have an expectation and a right to expect that permission shall be sought prior to every entry and no entry is to happen without our express permission. -1t is their utility easement on their property and again the "minimal intrusion" issue for us. Exhibits 22, 22a, & 22b Planning Department Final Plan Approval for Rehab of the Pacific dated November 6, 1996. Exhibit 23 M Planning Department letter dated November 6, 1998 re: Plan Approval for PPB Exhibit 24 Letter :from Planning dated January 2, 1997 re: landscaping condition of re- zoning._ Exhibit 25 Final Plan Approval dated February 21,1997to Bruce Hansen from the Planning Department again sets out the conditions to be complied with for final approval — the Ord. 95-33 with landscaping buffer across all of the common boundaries of the five residential lots and no access from Punahele. Certificates of Occupancy for Rehab of the Pacific. The first is dated April 18, 1997. Contingent on fulfillment. of all of rezoning, Plan Approval and Final Plan Approval conditions Exhibit 27 Planning Department tentative Subdivision approval dated May 18,1'99 7 to Allan Takase. Aside from the_ requirements of meeting the conditions of Ord. 95-33, No vehicular access onto Punahele Street,., etc., there is an added caution on page 2: "...No final approval. for recordation shall be granted until all of the above conditions are, met. Land will not be offered for sale, lease or rent until final approval for recordation of the subdivision Exhibit 28 Final Subdivision Approval from the Planning Department dated July 9, 1997 states: ".,.This final approval is with the understanding that in compliance with Condition No. 7 of our tentative approval letter of May 28,1997, no vehicular access will be permitted from this development onto Punahele Street. As such, a deed covenant for a "No Vehicular Access Planting Screen Easement" at the end of Easement "B" (Road and Utility purposes) within Lot 12-A-1 adjacent to Lot 6 (TMK: 2-3-035:018) be recorded with the new deed and a copy submitted to this department for the subdivision file..." No copy was on file with the Planning Department as of May 4,2007. 1 wasn't able to find this document in an on-line search of the 13 Bureau of Conveyances' records for either Allan Takase or GELOCAG as of October 3, 2011 Exhibit 29 Certificates of Occupancy for P -P13, earliest is March 10,2000. Again, contingent of fulfillment of all: conditions I continued to report concerns to Bill. Yamanohain Planning, as he had personally visited Mrs. Gushiken and I at our homes and said lie would do what he could for us if we reported violations to him, We did, and each time, he said he would took into it. He did nothing. It should also be noted that he pointed out to me that the landscaping plans for PPB showed eighty one(8 1.) podocarpus plants (which he counted out in front of me) to be planted along the northern boundary of PPB. He said that,"vhat was shown on the plan was required. Sixteen (16) plants were actually planted. Finally, in 2001 1 spoke to BJ Leithead-Todd who was our County Council .representative at the time. She was familiar with the situation as we had discussed it previously. She arranged :for a meeting with the involved parties which took place in Summer, 2001 at the PPB site. I attended representing my neighbors. In attendance was BJ, Nancy Cabral - Property Manager, Jeff Darrow - Planning Department, Allan and Gerald Takase. The lack of the "continuous, heavy planting screen" was very critical to us and that nothing had ever been planted across the common boundary of the "subject property" and that of PPB. An asphalt berm was the only barrier. I asked for plantings as required. and was told that termites were destroying the existing podocarpus and alternative plants were being sought. To replace the podocarpus along the boundaries of the Enomoto, Yamauchi and Reis, they planted "good luck" bamboo and red palms. They offered little in the way of a privacy screen and were negligible in screening noise, exhaust fumes of curious clients of the PPB. Nancy Cabral has stated repeatedly that nothing was ever planted across the "subject property's" boundary with PPB/Rehab since it was their property and they deemed the plantings unnecessary. The Rezoning Conditions, Final Plan and Subdivision Approval conditions, and the language of Ord 95-331 clearly states what conditions are to be met, M11 Photos depicting views, to,and from the Andrade home to the " orbject property" It 31 The Gushiken home, Glare from sun on vehicles parked on "'subjec property through Mrs. Gushiken's, kitchen window. Please note t4 height of her window in relation to the parked vehicles, All exhaus from the parking lot for most of the day have and will be trapped her garage roof which is also in line with the height of parked vehicle exhaust. Exhaust fgm,es--arp _chan;ng1!@d directly iLitQ 31 hgrhomef EXhibit � I Other than specified,, all photos of the "'subject property" are from thM Reis Home. TheEnomotos are two (2) driveways mauka of the 10'subject property" and have and will be affected,by the increase in traffic generated if the rezoning is approved. On one occasion, a small truck misjudged distance while parking to the rear of our home at PPB. It reversed into the sparse plantings and was finally stopped from comng into our patio by a one inch metal pole support for the 4 foot chain linkfence. A 6 foot vinyl fence has since replaced the podocarpus plants and "good luck" bamboo and would probably offer less resistance than the plantings as both posts and panels arent reinforced. EXhiblit -3.2 In 2004, Allan Takase approached me in my yard, and I asked what their plans were for the "subject property. He said they intended to make a parking lot. Later I asked Nancy Cabral the same question and got a answer. When I remarked that Ord. 95-33 prohibited it, they both replied "'we"re going to do it anyway,". The garbage collection continued until I called Business Services requesting and getting relief for us. Attached ;is a memo from Nancy Cabral dated July 11, 2:002 - about a year later - detailing the meeting and results. I didn"t respond. Exhibft 34 .10/13/06* Nancy Cabral meets a outside a BOA hearing and apologizes that she couldn't put up signs on the will fix that. later when. they do the property line". Mrs. Gushiken had called her about 9, �months before, requesting "No reverse parking" signs because she was suffering from exhaust fumes;. This was the first acknowledgement of her request. 1� Joint letter from Mrs.:Gushiken and I, dated June 21, �005, to Planning Director Chris Yuen, reiterating objections to any usage of 'Asubject propertyother than residential. gxhi;bik_AS Parking lot behavior was car alarms arming/disarming/set off, as employees/clients arrive/leave ru�n/errands/go to funchl; People chatting, listening to their music, smoking next to their cars,, on cell phones; others changing tires/effecting small enginerepairs/tow trucks taking cars; glare,from the su!n reflecting off windshields, heat - from vehicles, people watching us and our visitors, engines running to cool interiors before people get in. 'Subsequently, both AOAO and Rehab were issued citations in Mrrch 2006, for non-compliance with landscape, use and access conditions• 1 Ord. #Aappealedthe citations andcontinued to operate th - ifiegal parking lot untH they agreed to shut it down on M , arch 13, 200 . E AOAO again requested permission to open. the lot on December 5,6,7, 2006 to accommodate tree trimmers but was. denied permission by Planning Department. They opened it anyway with 5 vehicles parked there on the 5"' and 6 and gate was again closed on theIh 7 In March., 2007, our neighbor Mrs. Jeanne Oliveira, 44 Komohana Street noted a Caucasian woman walk from her green SUV parked fronting the HCCC parl,-,ing lot to open the gates at Punahele Street to the "subject property", close them, walk back to her vehicle, drive up Punahele all ' d turn left on.Komohana. Around the same time, Mrs. Gushilcen, Mrs. Andrade, my daughter Vianne and I noticed foot traffic through the "subject property" resuming as a short cut. We also noted that the chain and padlock that once secured the gate were missing. Prior to this, foot traffic either climbed over the gate to and fTom Punahele, or walked though an opening in the fence on Mrs. Gushik-en's side and. jumped onto her driveway to access Punahele. Letter dated March 1, 2007, from Sandra Song, Attorney, inviting all five of us neighbors to a meeting asking "for suggestions and support for this project". This was during the period when the Zoning Board of Appeals conducted hearings and deliberated on a citation issued by the Planning Department against PPB for required landscaping and parking lot prohibitions as required by re -zoning conditions and not met. All of us had testified before the Board in this action asking that the citations be upheld as we fought the parking lot. You should note that one of the assertions that PPB used in the 2007 rezoning application of the "subject property" is that the sewer line "bisects" the property making it "unbuildable". The sewer line is drawn in alignrnent with the utility easement (water electric, telephone, etc. next to the Reis boundary on the current, approved plans for PPB. Near the top of the property, it angles slightly. to the makai side for a short distance. Exhibit 36 On October 3, 2007, the rezoning attempt failed before the County Council, at approximately 6PM, I noticed activity at the "subject property's" gate at Punahele, Street and saw Nancy Cabral remove the lack, open the gates and ......... . leave. 17 Sometime between. summer and Christmas, 2008, while tending my yard with my daughter, ACO Kelly Kent,. of HCCC, approached me after parking her vehicle on the "subject property". After exchanging greetings, she informed me that she was the only person who could park "legally" on the property because she had asked Allan Takase and he permitted it. Exhibit 37 On October 11, 201.0, ACO Perera, of HCCC called S. Hilo Patrol. Two (2) officers responded to his complaint that we were taking photos of him sitting in his truck, engine running, yelling on. his cell. phone and reverse parked in the "subject property" to Mrs. Gushiken.'s home. He told responding police that we didn't have the right to take photos since "they" have permission from the owner to park in the lot. This was confirmed by ACO Kelly Kent who was standing with him outside the front entrance of HCCC where ACO Perera had moved his truck to the HCCC parking lot. (Police Miscellaneous Service HD -#1.0048182) Officer Jeremy Kubcjiri was satisfied with my explanation that we were documenting use violations of the adjoining residential property. Exhibit 38 Until the "subject property" was closed in the most recent -violation citation dated April 20, 2011, (and closed with a. padlock on the Punaliele Street ,gate,) we saw the it used for surveillance of HCCC by unknown mates D which we informed HCCC Captain Peter Cabreros of on several occasions; settings for domestic arguments by persons seeing a clear space, parking, yelling and even shoving each other. Parking at HCCC is tight and Parkers are opportunistic under those conditions. If there is a clearing, they will park. Slowly, at first, 3 — 4 Adult Corrections Officers (ACOs) vehicles, then increasing to visitors, HCCC vans, State vehicles, then inmates for checking in for incarceration (some vehicles left for days or weeks at a tinie until their release). In an effort to show appreciation, HCCC inmates started maintaining the lot. There were the people showing Lip to serve time, that had to smoke the last marijuana cigarette, drink the last beer and instead of "getting a room", romanced with their "loved ones" on the "subject property". Then there was the litter left by folks cleaning out their cockroach infested vehicles, the dirty disposable diapers and mates urinating on Mrs. ecate, urinate Gu-shiken.'s side of the lot. People brought their dogs to def and bark. Then we had the, ubiquitous cell. phone users who saw the open space parked and talked, engines running either facing our houses and looking in while talking; or with engines running reverse parked for air conditioning. Others parked their trucks, boats, trailers and then had pat -ties around I 1pm. ACO trucks laden with plastic garbage bags and reverse parked to our homes. These were parked in the hot sun and the stench was pretty overwhelming. There were others who waited for clients of PPB who would come down to take a look through the chain link fence at what the Gushikens, Reis' and Enomotos had going on in the yards, houses, etc. Then there were the tradespeople who carne to buy meals at Pete's Belly Bustazs and consume them on the "subject property" with engines running for their air conditioning, This was a similar scene in the PPB parking lot. F'ete's was originally Jillys, another lunch shop in the building with just "professional and business offices" to quote Allan Takase, Imagine living next door to an establishment where you can smell burnt toast and eggs lit 530AM daily; and, during the fall holidays have the Fire Department respond to no less than four (4) of the several fire alarms, triggered by pies or other foods baking on. a weekend? People bring their dogs with them to appointments. Dogs either continuously bark until their owners return or bark at everyone who passes their vehicle. Exhibit 40 PPB employee being picked up for lunch then returning with diesel truck sitting in the "subject property", eating with engine running until they're done. PPB employees park on the "subject property" and walk to and from PPB; clients of PPB and ARJN parking on the "subject property" and walking to and from buildings. These were the adverse impacts that we thought were prevented by all the aforementioned condition and Ord. 95-33. We don't cite these examples to "kill the messengers" since the employees park where assigned. It doesn't occur to most of them that it's an intrusion and nuisance in our lives because it's their parking lot and parking lot behavior is okay. Exhibit 41 M On April 16, 2011, at an early morning hour, my daughter, Vianne, called HCCC and asked Sgt Kahekili If he would quiet the visitors who were yelling and blasting the car stereos in the "subject property". He told her that it was not their (IICCC's) problem and after discussion, he called the police. Further, that HCCC had closed the gate on the previous evening and that "the visitors opened the gate themselves to park". Up to this point, visitors were seen being directed by HCCC personnel to park on the "subject property". Police responded and everyone was ordered out of the lot by HCCC ACOS and visitors parked along the street. Is this what you would allow where you I ive? Exhibit 42 Also, after the 2007 rezoning request was denied, PPB removed the asphalt berm adjacent and parallel to the rear boundaries of Enomoto, Yamauchi and R,eis. Seven parallel parking stalls were created there that had not previously existed and brings the number of stalls at PP13 to 94. Stall #95 is occupied by equipment that is chain tink enclosed. The existing PPB lot on the Flamakua side of the building is now for employees only along with the underground lot under the building on the same side. • One female employee generally arrives at her parking stall aligned with my home's upper and lower bedrooms. She has her stereo blasting and it's before 6AM. She opens the vehicle door still blasting the stereo until the song ends, opening and slamming shut at least two vehicle doors. This occurs almost daily. • Another employee with a diesel pickup parks parallel to the vinyl. fence to the rear of the Enomotos. Whenever school is over, some children arrive and run the diesel (perhaps for air conditioning on a warm day) from approximately 3:30 to 4:30PM almost daily. 'The diesel exhaust blows to my home. .1 haven't met the Enomoto's tenants yet but I wonder if it affects their toddler. • Pau Kana conversations are often here are often so loud you can almost quote verbatim. • We know that this will be a routine if the subject property is rezoned because we've already had our trial runs repeatedly over the years. Again, we reiterate that the photos and documentation aren't meant to compromise either employees or clients, or, anyone else give permission NEI or directed to park in this lot. They are simply used as "real time" data. Exhibit 43 Google photo overview of PPB,"subject property" and neighbors. Exhibit 44 Since 1997, PPB has seen several changes in. occupancy. The Smithsonian occupancy was a 24 hour operation, with staff coming and going at odd hours, most notably when they packed their vehicles at 4.M while parked outside our bedroom windows, in assigned stalls. The top floor of our home was added prior to the construction of PPB. My mother, then in her 80s, whose 2 floor bedroom 'faced these stalls, was most affected. We are awakened almost nightly by maintenance crews who park during the C, hours between 6PM to sometimes 3AM. Some make several stops at PPB during the night to loudly deposit rubbish or run their diesel trucks for hours. Occasionally, we have the contractors who are prohibited from working during normal hours when PPB is operating, doing demolition and construction with jack hammers and dumping building materials in their trucks or dumpsters for disposal. This occurs usually from 6PM to midnight. Although security makes their rounds during the night, skateboarders, other carousers who are attracted to the lighted underground parking lot at PPB; random people who park in lots and stay in their vehicles for long periods of time; manage to hang out. The proposed lot will, according to the applicant, will increase the traffic on Punahele Street by approximately 50 vehicle movements. We have seen, in the past when PPB employees park there, that they do come and go (2 movements). Then., often during the day, they leave for errands, etc. and return. Sometimes others come to retrieve items from the employees' vehicles; j unip a battery, 'fix a flat, etc. (2 to 6 movements) We are now well beyond the projected additions to traffic, characterized by the Planning Department in its 1994 report as a small, residential street incapable of handling commercial traffic. We are now speaking of the same HI In July, 2010, while I was confined at Hilo Medical Center, person(s) unknown 'egged: our home. Judging from the trajectory and points of impact on the walls of our home, the person(s) would have been standing in the "subject property". Could this have: been retaliation? We don't know. Does anyone doubt that I had serious concerns about my daughter's safety in my absence. Exhlb t 46 Copy of Planning Commission April 5, 2007 transcript, pages 15-16, Ms Van De Car"s statement - "'.-I think there was an honest disagreement in legal interpretations of whether or not you could park cars in a residential area. J know tha the Planning Department's position was no. The applicant's was yes..."' Exhibit 47 May 31, 2011 letter re: violation on subject property" and October 19, 2007 on Board of appeals decision on previous violation. Again! Exhibit 48 & 48a May 31, 2016 letter from Sidney Fuke to Director Kanuha re REZ 14- 000175 and proposed MOAwhich we did not initiate or want, and, informed Mr. Fuke of severaltimes. We then waited. approximately 9 months for Gerald Takase to draw up the unwanted agreement which put the oness on us to, police. We are then accused of complaining by folks who have given us reason to. gxhiblt 49 11 The view from our upstairs living room and bedroom windows of PPB parking in the "No Parking" zone throughout almost the entire hours of operation on a darily basis. Vehicles, mostly diesel, sometimes run their engines the entire time, Exhibit 5_0 Toyota crashes through the vinyl fence after driver shifts to reverse instead of drive and hangs over our backyard: supported only by the 4 foot chain link fence. It's approximately 10 feet away from both our up and downstairs bedroom walls, Thankfully, no one was injured thit time. Exhibit 51 Removal of of Mrs. Gushiken's required b;v rezonl;n�g condillign LOrd, i" planting screen. Workers were seen to topple trees onto Rehabs chain! link fence and into her yard in error. Mrs. Gushi:ken saw Gerald Takase there. We originally thought,that they were pruning the trees as they had done once before. Only o-ne gre back. Please note that besides destroying Mrs. Gushiken.'s privacy:, anyone has a clear view of Mr. Andradefs, home and garage across th street. The trees were dragged through to her front yard and hauled away. She could hardly refuse them permission in order to get rid: o the rubbish. Egbibit 5 - I Continued lack of maintenance on all sides of "subject property"'. Exhibit 53 Rubbish deposited by HCCC visitors who park in front of 'subject property's gate"' which later blows into our yards for disposal. Gate open and unlocked (note lock on fence above cable). This open gate is required to be closed and locked.in Zoning Board of Appeals order dated 10/19/07. Exhibit 54 "Kukai maile" on power pole belonging to "'subject property"'. Please At that the power pole with 3 transformers is located gmigidi fence around subject property". In order to access this pole, utility companies were coming through our yard for years without permission, We noted evidence of entry into our yard and finally traced it to utility servicing the pole and have denied them access for about 4 years now. When fence was installed, we weren't notified and workers cut branches of our fru:it trees, causing us to lose 1 tangerine and 1 lime tree. Courtesy would have been nice, especially since the developer effectively isolated any service to the pole by installing the fence to exclude the pole. Please also note that this is the pole identified as "'Cheryl Reis" pole" to former Council members 0 ;Dominic Yagong and, Bob Jacobsen by Nancy Cabral (owner Day-Lum Ig property mariagers of complex) Exhilbit 5 "Girdled" albezias that were cut too much and fell on the Punahele Street fence of subject property during a windstorm. Please note that gate is ajar then and most of the time. Exhibit -56 Albezia that fell from "subject property onto fence next to Mrs. Gushi 'ken's garage and also #M roof. Previoan albezia feV onto her cable line and she was without cable. for 2 weeks. Exhibit 57 Utility repair from de "subject property". Please note overgrowthl of terrain on property. Exhibits At View from our hometoward Mrs. Gushiken's. We now can see her property because her yard person has cleared the fence of the maile from the "subject property, We try to be good neighbors and generally keep an eye ' on her since the illegal lot drew a lot of visitors for HCCC not all of them good or considerate. When the "'subject property" isn't maintained we also can't see the Andrades. We have experienced thefts, trespassing, loitering and criminal property damage alongthe :littering and other disturbances brought on by the use of the ""subject More fallen trees viewed from our home and on the ""subject property" fence next to our house that we pushed back over the fence. Exhibit 60 0 When "subject property" lot was full, others parked along the shoulder on Punahele Street causing limited visibility when we attempt to exit our driveways, Councilman I Yoshimoto had No Parkingsigns. installed on our side of Punahele but people still park. The driveway for the "subject property" is still used as parking, 24/7/365. enforce this all the; time nor should public safety for all of us be compromised because developers/property owners are not compliant. Likewise, the limited resources of the Planning Department should be considered;. On weekends, visitors to HCCC it on the Komohana side of PPB's parking lot and walk down Komoh:ana to HCCC. An ACO at HCCCtold Vianne Reis during a phone calt that only HCCC personnel are: allowed to park on premises. At other times, visitors ae noted t:o park at HCCC ... ? We have also noted vehicles parked at P :B. from F i a;y evening to day evening. This fits the weekend inmates reporting in for incarceration times. Photo of an insu,lator/power line arcing on Walanuenue arcing and is submitted as an example of those on the "subject property". One recently exploded casting debris on our'roof necessitating repairs to the pole. Please note the 3 transformers about 15 feetfrom my daughter's living room window and utility work. Albezias in the "subject property"' brush power lines up the boundary on our side were Alarcing" on the contact during a windstorm. Exhibilt, 61 • Copies of 2 separate and continuing rezoning condition violations filed on 09/25/18 at Planning Department for failure to maintain privacy 01 screen for Mrs. Gushiken and, failure to maintain locked gate on Punahele Street side of subject property," as ordered by ZonlngBoard N f Appeals. ExhIlLO-R N.B. Planning Department letter dated July 9, 1,997, titled Final Subdivision Approval No. 6858 final approval is with the understanding that in compliancewith condition No. 7 of our tentative approval. letter of May 28, 1997.,;no vehicular access will be permitted from this development onto Punahele Street. As such, a deed covenant for No Vehicular Access Planting Screen Easement"at the end of Easement B" (Road & Utility Purposes) within Lot 12-A-1 adjacent to Lot 6 2-3-035:016) be recorded with the new deed and copy to be submitted tothis department for this subdivision From the date of my receipt of a copy of this letter in late 19:97, 1 — have checked with.the Bureau of Conveyances by phone and on-line. So far, I haven't found any filing of the "No Vehicular Planting Screen Easement"'. Please refer to gxh�jb_ij 2 for the complete copy of this letter. Please refer to the attached copy of "".,Sec.11-60.1-34HRS, Motor vehicles..." and consider the gross amount of violations we have experienced to the detriment of our health,, safety and well-being as result of the illegal operation of the subject propertyas a parking to This, is in addition to the mitigation failure of the delleterio-4s @ffec from Haitsuka baseyard/PPB/R:ehab construction and parking IF als on our health, safety SINCE 1994!, In every hearing we testified,to our fears for these results. Thus far, we h:jI .,,seen the,resu ts ma_terlafize each time. We also offer a rough estimate of the neighborhood exposurel and it effects has been since 1994 with �Haitsuka Brothers on the A Sewer alignment Project. The initial schedule was 5 days a week, 1 hour days. About the middle of 1994 it became mostly 6 days, 12 hour days, then increased for some periods to 7 days, with the 7th usually in the baseyard with repairs, servicing equipment, machine] This, entire area was cleared to naked earth from the entry point on Punahele Street to what is approximately N area of Pu"uhonu, to Komohana and the base of Halai Hill. My rough calculation: estimates that ov er a 2 year period, Haitsukas worked about 650 days, averaging 10 hours a day - 6gj0Q hours of continuous: exhauA - mainiv diesel, dlrL-soot and hea�yy machinery noise. Remember that during all the construction, we were ors trying to carry on anonymous with o bur lives ecause we live here. Our families, visitand traffic on our street were all affected. Loeffler Construction and other independent truckers excavated and hauled out, to neighborhoods in Hilo, approximately 77,000 cubic , yards of material from the base of Halai (a/k/aTermite) Hill. All with diesel powered dump trucks using Punahele as ingress/egress to site. *n 3;/7/95, Ord. 95-33 became effective and prohibited Access to the c,u bject :property (entire Development of PPB/Rehab). The rough total of trips by Haitsuka vehicles, (including machinery) truckers, deliveries County/State inspectors, visitors is at least aroun 25,000. Each a violation of "'NO ACCESS FROM�/TO PUNAHELE'-as reqired by Final subdivision, Plan and Ord. 95-33. Exhibi_t, 61 Open;ing a parking lot in the middle of our neighborhood will add to the violation of our peace and living conditions with daily doses of consistent chemical pollution. This pollution has and will continue'to harm our homes and health for years to come. We have no other recourse or option unless you deny this rezoning. Zoning laws are designed to prevent/avoid/minimize clashes between various land uses. It is obvious and logical that you do"t place a commercial parking lot in the middle of a neighborhood where families live. We've had real experience with the problem of chemical pollution when the lot was opened in the past by the Takases for the use of HCCC. Most of their vehicles were SUV and trucks - some diesel. Winds blow mauka and varblie during the day and makai at night, s#1 all of our homes share the pollution every day. We have attached a summary of EPA state on the content of the chemicals in the fumes produced by parked vehicles running their engines. We use a light duty vehicle (LDGV) in our exemplal 0 We use a base of 25, vehicles in the lot, 5 days a week, 8 hours a day - 5 vehicles idle eachmorning forfor at lunch, and 5 for:10 minutes after work. This scenario would produce RZ2 Ibs of Carbon PlIgnoxide a year, Nitrous 13.25 b w year- Volatile Or"ganic Compounds approximately 306 Rounds of n"Loujighe_mIgalls a ygar. 26 Description of i initiated by NancyCabral w #ri Enorrioto a a property. r - Letter from Cathy Takase, part of GELOCAG, owners of subject property, to Mrs. Gushiken about veiled accusation of violation on Mrs Gushiken's property Exhjbftk6 0 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 1 C:) O O O O w ROSE K v ' flM S— - t:NUn IO;—j 529° 13' 19.22 NPPI r -Y: 14 322° 4q' 1-16.16 I - 'H�°�G PREPARED BY: CIATEINC. (MATA AND ASSO S i . IU -FT. WIDE W' ACCE55 PLANTIN5 E�SREEN EASEMENT _ _ _ _ .......... . _. _ - ' Ili KAPIOLANI 5TREET HILO, HAWAII 46'120 40' --- 195.16 I 140 'Ib 48" LOT ,OO LOT 12-A-1 r ALN: L. n5 W T, eT AL. (l`.-fiRGE M. EUSMI:EN I:v` It'. HS bR[ M (OiYERS! 11,569 SQ. FT. CO r- ----..... ........... _117- SMDIVISION NUMBER 6g'� 8 UO Ln 1022° 23' 14" / 24.024.0 " 4 SUBDIVISION MAP �t $� APPROVED FOR RECORDATION Withthe Bureau of LICENSED- pROFESSiONAL SURVEYOR. 142° 44'--116.16- 12.40 - Conreyanceys.551.10-ooffHanxan�_ 4� LAND LIGEN5ED PROFE551ONAL SURVEYOR 0' c' EA5EMENT E3 0' --57° 4q `"- "— --_ s p ea hJ so.o� — LAND 51TUATED AT PUNAHOA 2ND, SOUTH HILO, 15LAND OF HAWAII, HAWAII. GERALD rains[ ro:.ti-Rl GERTIFIGAiC NUI i3ER 4329 O ��U UTILRITY FvPPO E5 •2ROAD AND�h 14,014 50. FT. /10 UO `HAIAI`/-1327° 4q' RnAo,vr Lor n -a 3,95 DELETE ExISTIN6 / _ EPSEI-ENT 'A° . _ ""' - BEING A PORTION OF ROYAL PATENT ON CONFIRMATION 1946, NUMBER I TO D.B. LYMAN, LAND COMMISSION AWARD 381, PART PLANNING DEPARTMENT _ Q 148° 8"— 4, SECTION I TO AMERICAN BOARD OF GOMMI5510NER5 FOR Iqf sl FOREIGN M1551ON5. BEING AL50 LOT 12-A. p>mavo;It-s�-q IA+, bVAF- Y_FY. GRIT r"l\' ,. F -?•?:If. 5UBDIVISION OF LOT 12-A INTO LOT5 12-A-1 AND _ m RFCFNED: %i9 -'T% or J �/O.:s a LOT ISE TRe51, Ei. k. 12-A-2 AND DESIGNATION OF EASEMENT B FOR ' (xERYI RR' o �uw ' b• ?' N if tO"``p ROAD AND UTILITY PURPOSES AND DELETION OF "A" O1 ,.. _. .... N I r EASEMENT \NP c — -- --_-- "0 I I U I LOT LOT L1L'EL GA`PN`iV• AV pp. ALIA 0 LOT 12-A-2 o- ' , rOrrc z�). �0 � 0 m 5ejoa SQ. FT. 232° 4q' 4-7.00— n OWNER: ALLAN 5. TAKA5E TR05T, ET. AL. P PONAHSTREET, SUITE 200 4q IDA HILO, HAWAII -i6120142° LOT. 12.50 HALAf n 9 �pp N �- TAKA°_i4 FV4JTG NG tF. aDELE 1. r(YI\�'RJf NPPI r -Y: 14 I - 'H�°�G PREPARED BY: CIATEINC. (MATA AND ASSO S i . IU -FT. WIDE W' ACCE55 PLANTIN5 E�SREEN EASEMENT _ _ _ _ .......... . _. _ - ' Ili KAPIOLANI 5TREET HILO, HAWAII 46'120 40' --- 195.16 I 140 'Ib 48" I 51, MA7SU' 0'-1 SMDIVISION NUMBER 6g'� 8 UO �t $� APPROVED FOR RECORDATION Withthe Bureau of LICENSED- pROFESSiONAL SURVEYOR. CLYDE K. MAT:JJNAGA KOMONANA STREET b Conreyanceys.551.10-ooffHanxan�_ 4� LAND LIGEN5ED PROFE551ONAL SURVEYOR _. . T(.'It/��ANF,t21E fyI N0. AN25 \ GERTIFIGAiC NUI i3ER 4329 w i enninC Oireuo , County of H-5 WAII. U �' p PLANNING DEPARTMENT 0 Date: JUL 9 1997' COUNTY OF HAWAII SUB: 96;OJ3 p>mavo;It-s�-q IA+, bVAF- Y_FY. GRIT r"l\' ,. F -?•?:If. RFCFNED: %i9 -'T% NPPI r -Y: 14 I CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 2 • • If ✓� l�/`-moi � C�...' March li, 1987 Cheryl. R:. REIS 65 Punahele, and on behalf of my neighbor . George GUSHIKEN 51 Punahele urge the Planning Commission to deny Komohana 179s request to rezone the area to the rear of our propertied from residential to neighborhood commercial. The rezoning would definitely bring more'.traffic to an already congested area on Komohana with a hazardous ingess/egress access. Komohana Street presently has_ upwards of several hundreds of vehicles passing the proposed reponing area which is immediately to the rear and Puna side of our residential properties. Consider the noise and exhaust furies from the vehicles starting up and acmlerating to leave the parking lot of such a commercial venture. Further, such businesses (to be cost effective) would be required, to open as some in opercstior4 through 10 PIS: or later each day. Consider the additional noise from customers and vehicles in the area. After closing, the businesses would probably appreciate the added security lighting brings and may possibly adopt some similar to the present Medical Center, which are orange and offer maximum lighting for lower costs. On any given evening, pass the Center and observe the- area lit and imagine having an orange glow cast into the bedrooms of your residences every night, all night. The bedrooms of our residences will also face the proposed rezoning area. Consider also, that our residences already are faced with the Hawaii Correctional Facility which causes some noise and traffic in the area. With the influx of additional traffic, pedestrians, etc., how will our already tenuous privacy and quality of life be threatened? This may appear to be an overreaction to the proposal, but I ask each of you::to place yourselves in our homes and imagine our distress at this prospect. Burglaries, robberies and street people have now become a way of life in Hilo. 1 believe that, if the proposal is approved, we, the "Neighborhood" will suffer the consequences or have to pay by reducing the."quality of our lives" for someone else to make a profit. 000002 • PA GE 2 REIS CONTED Further,.Mother Nature may also protest the development. Several years ago, the property in question waa:bulldozed ostensibly to permit taro farming. Shortly thereafter, when no planting appeared, we had extremely heavy rains twice within a six month period. All of our residential properties were plagued by heavy water runoff of flood proportions that swept through our properties causing minor damages. I urge caution in view of the already heavy land clearing and construction that has taken place above Komohana Street after the flooding. How will the increased clearing of those lands and that to the rear of us affect future. --.water runoff/management. In closing, please consider the presence of the ubiquitous 7-tleven just up the street and all of the commercial area of downtown that surely deserves some support and not a competitivq commercial venture in the middle of a residential and established neighborhood. I STRONGLY URGE YOUR DENIAL OF THIS REZONING REQUEST! • • 000003 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 3 ..;t,— — You are here: BREG Online Services Home - BREG BREG Online Services Annual Business Filing Search for a Business Name Purchase Certificate of Good Standing Authenticate a Certificate of Good Standing Register a Business Purchase Bulk Business Data Contact BREG Technical Support Feedback Account Login [?] Create an Account lJ Business Information Purchase a Certificate of Good Standing for this business: Electronic COGS $7,50 ----...-_.... __...... Print unlimited copies using your computer. Printed COGS , $7e50 each Mailed to you or available for pickup. Geneva' Information Master Name GELOCAG I PARTNERSHIP Business General Domestic Type Partnership Fite Number 15462 G5 Status Active Purpose ACQUIRING, Processed SELLING, Proms DEVELOPING AND Not RENTING OF REAL Required PROPERTY Place Hawaii UNITED Incorporated STATES _.. Registration Jan 26, 1988 Date Organization Jan 12, 1988 Date Mailing 287 KANOELANI Address ST Agent Name Agent Address HILO Hawaii 96720 United States of America GERALD TAKASE 287 KANOELANI STREET HILO Hawaii 96720 knnual Filings Fffing Status Year 2007 Processed 2006 Processed 2005 Processed 2004 Processed 20€13 Proms 2002 Not Required 2001 Processed 2000 Processed 1999 _.......Processed http://hbe. ehawaii. gov/cogs/detalls.html?t=MSTR&fn=15462+G5 000004 x vwolcu U.y G1ICLwa11.gOV j United States of America Name Office Date TAKASE,GERALD G Jan 1, 2005 TAKASE,GLENN G Dec 31, 1997 TAKASE,LORI G Dec 31, 1997 TAKASE,CATHY G Dec 31, 1997 Transactions Date Code Remarks Aug 22, Designation of Designation of 2002 Agent Agent page 2 Ot 2 Contact Us ( Subscription Services I Terms of Use I Privacy Policy I ADA Compliance ( Com,3rerEts �"` Ard1�Y7IN;flt' eHawaii.00v Home Copyright-© 2000 - 2006 Hawai' i Information Consortium, LLC. Ail right✓ reserved_ • • http://hbe. chawaii.goi,/cogs/details.html?t--MS'IR&fn=15462+G5 518007 THIS PAGE IS INTENTIONALLY LEFT BLANK 000006 1452 K mete St, NANCY COOK LAUER/St phens Media owners of this Kinoole Street building mistakenly received a tax break. the property, owned by Dr. Allan Takase, father of Deputy Corporation Coun- sel. Gerald Takase; was not reassessed. Sitio acknowledged that some people might think family connections may have influenced the'apprais- al or lack thereof; 'but he said that's not haw .he runs things. "I don't give a hoot who awns what," Sitko, said. 1f it's there, we'll assess it, We don't care if it's permit- ted or unpermitted, we will assess it: Jean Takase. Allan Takase's wife and Gerald Take se's mother, said. Iter son has only ' a `Very, very small participation" in the family businesses.' liCs the one who pays the: bills, she said. "I pay the taxes and I pay the amount they bill mica." she said. Gerald Takase did not return a telephone call ask- ing for comment. .Allan Takase has been paying about $1,325 a year in taxes on the property since he purchased it under the name of his wholly owned limited liability company, DJAT LLC, for $330,000 in 200. The land is valued at $1.47,200, according to county tax records. The S2.1 million build- ing will add about $17,000 to that tax bill. The tax rate of $8.I0 per 51,000 of assessed value for multi- family land is the same as for residential land. Sitko said the county By NANCY COOK LAU'ER stepherts rtliedia "An error" kept a 552.1 million apartment building --- owned by the family of a county official --- off the: tax rolls, say Idavlaii County property appraisers. The Kinoole: Street property, was rezoned from, residential to multifamily in 2006 and an 18 -unit apartment building was completed last year. But the property retained its vacant, residential lot classification into the 2009-10 tax year — until Stephens Media brought it to the county='s atten- tion this week. Stan Sitko, administrator of the Real.Prop- erty Tax Division, said he's investigating why won't try to go back and assess the difference in taxes for the value rezon- ing added to the proper- ty. But the property could increase in value under the near appraisal slated for the 2009-10 year. The county appraises property once a year and sends notices to landowners in February. About 1 percent of property owners appealed their assessments this year, almost doable the nu, ber who appealed w%en the econorny> was booming, Sitko said, He said the county has only 12 appraisers to evalu- ate almost 140,000 taxable parcels. Fle himself runs a check by computer a couple rimes a year, comparing permits to assessments. "We are checking out why we didn't obtain that little piece of information," Sitko said. Sitko said an "omitted assessment" is less likely to result in an appeal from property owners than an overassesszment, but it's difficult to quantify either one. Mistakes do happen, but there's really no dray to quantify, thein, either. "If we find an error, then adjustments are made to the tax bill." said Acting Super- vising Appraiser Francis Guye. "I have - to admit (fiat there, are and could be errors. We try to do the beast we can, and whenever ",ve make a mistake, the try to correct it" 000007 0 THIS PAGE IS INTENTIONALLY LEFT BLANK • 000008 COUNTY OF HAWAII ® DEPARTMENT OF PUBLIC WORKS 25 AUPUNI STREET, HILO, HAWAII 96720 CONDITIONAL PERMIT KNOW ALL MEN BY THESE PRESENTS: THAT, effective this day of whose address is (NAME OF PERMITTEE/OWNER) G 7a %Ia>7 /i e f f 1 7�C Z ad . f-/• /� , /,// 56 7Z e-:, hereinafter called the "PERMITTEE", is permitted to enter and occupy that certain area within the government right-of-way, commonly known or designated as ��`�'`� ti�'�r-� s'7Y.�L L % , and as shown on the (NAME OF ROAD) plan attached hereto and made a part hereof, situated at Z— 3 — 7 S— ' /61, (LOCATION & TAX MAP KEY) County and State of Hawaii, which area is hereinafter referred to as the "EASEMENT AREA". THE CONDITIONS UNDER WHICH THIS PERMIT IS GRANTED ARE AS FOLLOWS: 1. The Permittee shall enter and occupy said Easement Area for the following specified purposes only: �c r- G'O�-rJ'7�fi D "l/6'� 0-14' G-o-a7Cr-C7�c 2. The Permittee, before commencing with any work on/or about the Easement Area, shall apply and obtain a permit to dig up streets, DPW Form 33, a copy of which is attached hereto and made a part hereof, and shall adhere and comply with the provisions contained therein. 3. This permit is automatically terminated and canceled upon termination of use or upon the abandonment of the intended purpose for which this permit is issued. This permit is a license and may not be transferred without the express written consent of the County. 4. The Permittee shall observe and comply with all laws, ordinances and regulations of the federal, state or county governments affecting said Easement Area. Page 1 of 3 11I8111811R 5. The Permittee shall, at Permittee's own expense, repair and maintain any and all improvements now or hereafter placed within the Easement Area and shall obtain the prior written consent of the Chief Engineer before making any additional improvements thereon. 6. The Permittee, upon the completion of any work performed on or about said Easement Area, shall remove therefrom all equipment and unused surplus materials, if any, and shall leave the said Easement Area in a clean, sanitary and safe condition, making repairs to any damaged areas satisfactory to the Chief Engineer. 7. The Permittee shall not make, permit or suffer, any waste, strip, spoil, nuisance or unlawful, improper or offensive use of the Easement Area. 8. The Permittee shall exercise the rights herein granted in such manner as will not unreasonably interfere, except during the period of construction, reconstruction, or maintenance, operation, repair or removal of any improvements, with the use of the Easement Area. 9. The Permittee shall at all times, with respect to the Easement Area, use due care for public safety and agrees to defend, hold harmless and indemnify the County of Hawaii and the State of Hawaii from and against all claims or demands for damage, including claims for property damage, personal injury or death arising on or about the Easement Area growing out of or caused by any failure on the part of the Permittee, its agents or servants to maintain the Easement Area in accordance with the terms and conditions of this Permit, or arising out of or caused by any act or omission of the Permittee. 10. The Permittee, in the event that the County of Hawaii and/or State of Hawaii contemplate or make any improvements on or about the Easement Area and Permittee's improvements situated within said Easement Area interfere or obstruct with the improvements contemplated thereon by the County or the State, then in such an • event, shall at Permittee's cost and expense relocate its improvements to another location within or without the Easement Area which shall be satisfactory and mutually agreed upon by the Permittee and the Chief Engineer or his representatives. 11. The Permittee, while performing any work on or about the Easement Area, shall not disturb, obliterate, deface, impair or injure any existing improvements, including but not limited to utilities, drainage ways, traffic markings and signs placed on or about said Easement Area by the County of Hawaii and others. However, in the event said existing improvements are damaged or require temporary relocation, Permittee shall, at Permittee's cost and expense, replace or restore same to the satisfaction of the Chief Engineer or his representatives. 12. The Permittee shall observe and adhere to all rules and regulations called for in the "Manual on Uniform Traffic Control Devices for Streets and Highways" on file at the office of the Department of Public Works, County of Hawaii. 13. During construction, the Permittee or his Contractor shall keep at least one (1) traffic lane open for vehicular movement at all times. Two (2) traffic lanes shall be kept open between the hours of 3:30 p.m. to 8:00 a.m. 14. The Permittee, with respect to the Easement Area, shall be responsible for a period of one (1) year to cure any defects resulting from any work performed by the Permittee on or about the Easement Area. If Permittee, upon notice from the Chief Engineer, fails to cure or correct such defects and said defects continue for a period of thirty (3 0) days or more, the Chief Engineer may cure or correct the defects at Permittee's expense. • Page 2 of 3 000010 15. Other conditions: • A) Utility line(s) shall be placed as far away as possible from the edge of pavement of (Name of Street/Road) B) Permittee shall be responsible for maintaining utility line (s) within County right-of-way and within all driveway approaches and shall be responsible for relocating utility line(s) where it crosses future driveways and roadways. C) Provide a certificate of insurance or a copy of public liability insurance policy issued by a carrier, to be approved by the Finance Director and the Corporation Counsel, and including as an additional named insured the County of Hawaii, its officers, representatives, employees, and agents, covering any claim or liability for damages, injuries or death resulting from any of the uses permitted hereunder._ The minimum amount of coverage under such policy shall be $500,000 per occurrence for bodily injury or death and $50,000 per occurrence for property damage. The policy shall be kept in force for the entire period of the permit. Neither the holder of the permit nor the carrier shall cancel the policy except upon 30 days prior written notice to the Chief Engineer. Z' Y D) If and when the County widens Komohana Street which requires the removal of the current walkway between the subject building and Komohana Street, the owner or its successors shall redesign and reconstruct said walkway in accordance with all applicable requirements. is 16. In the event the Permittee violates any of the conditions contained herein, the Chief Engineer may revoke this Permit upon written notice to the Permittee at least thirty (3 0) days prior to such revocation. Unless the text indicates otherwise, the use of any gender shall include all genders and, if the Permittee includes more than one (1) person, the singular shall signify the plural and this Permit shall bind said persons, and each of them jointly and severally. PERMITTEE: By:,;Ir Its Uvw"� Its Date • COUNTY OF HAWAII: Z7"� Chief Engineer Date: 7/ 5 Page 3 of 3 Rev 10/95 000011 02/24/97 15:14 FAX 3039613622 CORP COUNSEL --44 DP1R • i i 1 - tAl . Q 001 cy C-1 74 000012 • THIS PAGE IS INTENTIONALLY • LEFT BLANK • 'll , $00] 1 F.] Harry Kim mayor Lincoln S.T, Ashi ra Corporation Counsel Gerald Takase Assistant Corporation Counsel COUNTY OF HAWAVI OFFICE OF THE CORPORATION COUNSEL 101 Aupud StteaL Suite 325 . Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961-8622 August 2, 2006 Mr. and Mrs. Ronald J. Andrade 44 Punahele St. Hilo, Hl 96720 Ms. Marjorie Gushiken 51 Punahele St. Hilo, HI 96720 Ms. Cheryl R. Reis 65 Punahele St. Hilo, HI 96720 • Mr. and Mrs. Thomas Yamauchi 73 Punahele St. Hilo, HI 96720 Dear Citizens: RE: County of Hawoal'i Board of Appeals BOA 06-000020 Punahele Professional Building Our office received a copy of your letter dated July 14, 2006, addressed to the County of Hawaii Board of Appeals, concerning the above case. Thank you for taking the time to write and for expressing your concerns with respect to the continued legal representation of the Board of Appeals by our office. Assistant Corporation Counsel Gerald Takase has not discussed this matter with any attorney associated with the representation of the Board of Appeals, no has he discussed iris matter with me. His decision to not commingle. his personal family business matters with our public service is consistent with Mr. Takase's good judgment I have come to respect for the over 21 years I have known and worked with him. 000014 Hawaii Countv is an Final ntinnrf„nih. Mr. and Mrs. Ronatu J. Andrade Ms. Marjorie Gushiken Ms. Cheryl R. Reis Mr. and Mrs. Thomas Yamauchi August 2, 2006 Page 2 Consistent with the continuing pledge of our office to maintain the public trust, and notwithstanding the fact we do not recognize any real conflict of interest in the continued representation of the Board by an attorney from our office, we have taken steps to request the County of Maui Corporation Counsel to assist us by providing legal counsel to the Board of Appeals in this case. Assuming the Maui Corporation Counsel assents, an attorney from their office will be assigned to represent our Board of Appeals at the October 13, 2006, hearing in this case. We believe this will allay any concerns expressed by you. Again, although at most your concerns appear to allege only an appearance of impropriety, this course will allow you to participate in our County government proceedings unfettered by any concerns of "divided loyalty." Thank you again for bringing these concerns forward. If you have any questions, comments or concerns regarding this matter, I invite you to contact me via email at Lashida@co.hawaii.hi.us, or direct telephone at (808) 961-8304, extension 118. ® Very truly yours, LINCOLN S. T. ASHI®A Corporation Counsel c: Honorable Harry 1(im, Mayor Board of Appeals S: Depadments/CC&SA QxTespAetter to citizens re Punahele Pro(esskmW Building 8-2-O&LSAm 000015 Harry Kim Mayor n 109 Lincoln S.T. Ashida Corporation Counsel Gerald Takase Assistant Corporation Counsel COUNTY OF HAWAI `I OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961-8622 August 24, 2006 Honorable Valta A. Cook and Members of the County of Hawai'i Board of Appeals Aupuni Center, Ste. 3 101 Pauahi St. Hilo, HI 96720 Dear Chairman Cook and Board Members: RE: Board of Appeals (BOA 06-000020) Punahele Professional Building Thank you for your letter dated August 15, 2006, informing our office of the concerns raised by the intervenors in the above case, and requesting a response to these issues. We appreciate the opportunity to address this matter with the Board of Appeals. Enclosed is a letter from our office dated August 2, 2006, setting forth our initial response to the intervenor's concerns regarding the continued representation of the Board of Appeals by this office. The present request by the intervenors to not have any attorney from the Corporation Counsel's Office, or any attorney from any Corporation Counsel or County Attorney office statewide represent any of the parties in this matter is not founded on any credible or existing conflict of interest. The intervenors have not brought forward any credible factual allegation that demonstrates Assistant Corporation Counsel Gerald Takase's affiliation with this office, in and of itself, presents a need for special counsel, pursuant to Article VI, Chapter 2, Hawaii County Charter (2000).1 The thrust of intervenor's argument is any government office must be disqualified from representing any of the parties, since "they all work on projects ' Section 6-2.5 provides that "(t)he council may, by two-thirds vote of its entire membership, authorize the employment of special counsel for any special matter presenting a real necessity for such employment. Any such authorization shall specify the compensation, if any, to be paid for said services.' Hawaii County is an Equal Opportunity Employer and Provider 000016 Honorable Valta A. Cook and Members of the County of Hawai'i Board of Appeals August 24, 2006 Page 2 together, they.socialize together, they have meetings together, they work on each other's projects, they testify before the Legislature as a single body. ,2 Whether this is true or not does not negate the need to show some actual conflict of interest, prior to any determination by this office that taxpayer money should be paid for hiring special counsel. Absent a showing of a "necessity," as required by our Charter, the expenditure of public monies based on the current record would be irresponsible. For this reason, we will not arrange for the hiring of special counsel to represent the Planning Director or Board of Appeals. Not conceding any conflict of interest, our office in a show of good faith in order to alleviate the concerns of the intervenors, imposed upon the County of Maui Corporation Counsel to have one of their attorneys represent the Board of Appeals. As stated to the intervenors, although this was not legally or ethically necessary in our opinion, we wished to have them participate in these proceedings free of any feeling that the Board of Appeals was not getting proper legal counsel. The intervenors present request, however, is not reasonable, and does not warrant the further expenditure of taxpayer money. Our office is prepared to revisit our decision, if the intervenors are able to provide a sufficient credible factual basis establishing either a conflict or an • insurmountable appearance of impropriety. We note Ms. Reis' concerns found at page 9 of the hearing transcript from the meeting of the Board of Appeals held on August 11, 2006: That's part of it. But the other thing is if Corp. Counsel represents both Planning and the Board of Appeals, it would seem to me that there would be some kind of conflict there. Because how would they take an opposite side or opposing sides? Representing parties with differing interests is common in municipal legal practice. In fact, the Office of the Corporation Counsel, by Charter, provides legal representation for both the Mayor (the County's chief executive), and the County Council (the legislative body). Taking Ms. Reis' argument to its logical extreme, the Corporation Counsel could never represent both the administration and legislative body of the County. Obviously this is not a result supported by both our laws and the common practice in our County as well as virtually every government system in the United States. The practice of law in Hawaii is self-governing, and attorneys are bound by the Hawaii Supreme Court's Rules of Professional Conduct. With respect to conflicts of interest, there is recognition by our courts that government attorneys are often called upon to represent clients who may have differing interests. See 2 Statement of Cheryl Reis before the Board of Appeals, August 11, 2006, at pages 12-13. 000017 C, • • Honorable Valta A. Cook and Members of the County of Hawai'i Board of Appeals August 24, 2006 Page 3 State v. Klattenhoff, 71 Haw. 598, 801 P.2d 548 (1990). Please know our attorneys are very cognizant of their ethical responsibilities, and in the event circumstances change, or matters are brought to their attention that an actual conflict exists, action will be taken to immediately make arrangements for either special counsel to be hired, or to seek some other ethically required remedy. Thank you again for allowing our office to provide you our position on this matter. Please contact me if further information is required. Very truly yours, O�W� LINCOLN S. T. ASHIDA Corporation Counsel Encl. c: Cheryl Reis, Intervenor Representative S: Departments/CCILSA Misc. Corresp./Letter to BOA re Punahele Professional 8-24-06/LSAmr 000018 12 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 4 • REZONING REQUEST RS -7.5 and A -la to CN -10 TAX MAP KEY: 2-3-35: 16 GELOG PARTNERSHIP & DR. ALLAN TAKASE • April 1994 • 000019 GELOCAG PARTNERSHIP and DR. ALLAN TAKASE REZONING REQUEST - RS -7.5 and A -la to CN -10 TMK: 2-3.35: 16 I. GENERAL INTRODUCTION The applicants are requesting to rezone 2.437 acres of land from the Single -Family Residential -7,500 square foot (RS -7.5) and an Agricultural -1 acre (A -1a) zoned districts to the Commercial -Neighborhood (CN -10) zoned district. The RS -7.5 zoned area consists of .599 acres, and the A -1a zoned area covers 1.838 acres. The subject property fronts the northeast or Hamakua end of Pu'uhonu Place, Punahoa 1st and 2nd, South Hilo, TMK: 2-3-35: 16. Pu'uhonu Place is located makai of Komohana Street, approximately 400 feet south or Puna -side of the Komohana/Punahele Streets intersection. If successful, the applicants intend to construct an office building geared to the medical and medical -related profession. The intended uses would be similar to the uses across of the subject property along Pu`uhonu Place. While priority would be given to the medical professions, other professional office uses, such as lawyer, accountant, etc. - may be considered. II. REGULATORY HISTORY OF SUBJECT AREA The subject property was a portion of a larger 7.7 acre parcel. The 7.7 acre area was zoned RS -7.5 (.599 acres) and A -1a (7.166 acres). The site was then rezoned to RM -4 in 1976, subject to certain incremental zoning performance requirement. The intended uses then were an elderly housing and community facility, with a maximum density of 77 units. The land remained undeveloped and was subsequently sold to Komohana 179 Associates (K79A) in 1979. K79A then applied to rezone the entire site into the CN -10 zoned district in 1986. The application was subsequently amended to rezone a 5.328 acre portion, while leaving the balance (2.437 acres) in the RS -7.5 and A -la zoned districts. The reduction was a result of concerns raised by the Planning Department and some surrounding property owners. The rezoning of the 5.328 acre area was approved in 1988, subject to a number of conditions. -1- 000020 ..... riaiva(as /71� G 'Arnauulu ; LehuaPU=U, -- 'A naIliah� c { Road Pk.r N:) aLii s c1' • i/p •0 �¢ 0'6/e - _ G Schoof Zco F' Wailuku River arval State Park n area F.s-=.,baa ); Y MD r �• .aJ'iS 1. Waianuene Hilo AkenL neje '1 � °0 --- Mem. ; pu�'a Hala'i para Un Hospital pt- Hills Po �a � s \ice � � Ga ��d ')� � ,1"�•'d S�. i Wilcter`e ssPk. a °'�d `O, "_ o S t r • �N Huali Via_-_- moi, �•� J e"`�a DTIC' `l- •�� t�e�' a ; ' 'Ainako Pk. o open boa 1 � ,may SUBJECT SITE Sr -o c Va/"" a ; University of, Hawaii '- <� �• at -Hilo-= ro to ahelen"IB' c• Pu'ainako c OMO C1la s _ O K�hDlo � � J ai Orchid Gardens 'Ili►va! est ` x Kawaikani S (nursery) _ _ . e Kula. • considerations of the subject and surrounding property„ - do not reflect any existing or potential archaeological features in the area. Furthermore, the site has been extensively cleared in the past. Nonetheless, in the subsequent development phases of this site, work will stop in the event unanticipated archaeological finds are made. VII. INFRASTRUCTURAL CONSIDERATIONS A. Water County water is available via an existing 12 -inch line fronting the subject property. S. Wastewater System The nearest County sewer line is along Haili Street about 1,000 feet away. It is the applicants' understanding that the County is in the process of constructing a transmission line along Punahele Street. The applicant intends to have this line extended to the subject development through the proposed driveway or road fronting Punahele Street. C. Access As noted earlier, access would be via Pu'uhonu Place, a 50 -foot wide County -dedicated road. This road then intersects with Komohana Street which has a modified left -turn lane and a 24 -foot wide pavement within an 80 -foot right-of-way. There is also a 3 -foot wide raised pedestrian walkway along the makai side of Komohana Street, between Pu'uhonu Place and Punahale Street. The applicants also intend to construct a 24 -foot wide paved County dedicable road between the subject site and Punahele Street. An existing 70 -foot wide parcel, located between the subject site and Punahele Street, would be used. This would also serve, as indicated above, as access for a new wastewater transmission line from Punahele Street. D. Other Utilities All other utilities such as telephone and electrical 000022 v Final subdivision approval for a 13 -lot subdivision of, the entire 7.7 acre area was then issued by the Planning Director. Twelve of these lots were within the CN -10 area, and the remaining 2.437 acre area (the subject of this application) was the thirteenth lot. On July 1989, one of the applicants submitted a request to rezone the 2.437 acre area into the RM -4 zoned district for the purpose of developing a 24 -unit apartment complex, including a tennis court and a one-story laundry/multi- purpose building. This matter was subsequently deferred by the Planning Commission, at the request of the applicant on February 8, 1990. In conjunction with this request to rezone the site into the CN -10 district, the RM -4 rezoning request is being withdrawn from further consideration. III. PROJECT DESCRIPTION A. Proposed Uses and Structures If the rezoning is approved, the applicants intend to have the site developed into an office building, oriented to the medical professions. There is a possibility, however, that there may be other non- medical professional uses as well. The concept here is to extend the same category of professional office uses that is found on the opposite side of Pu'uhonu Place. The submitted preliminary plans reflect two structures. One of the proposed structure (Building A) already falls within the CN zoned area. Part of its parking, however, will need.to be satisfied in the unzoned (A -1a) area. A more specific description follows. 1. Building A This site, consisting of 20,002 square feet, is already zoned CN -10. The applicants plan to construct a structure (as shown on the plans) on this site, with part of its parking on the site under consideration for CN -10 zoning. This building would front Pu'uhonu Place. It would consist of two (2) stories and a basement. The height of this proposed structure would have a roof -2- 000023 • height of 36+ feet from the finished grade. The structure would have an estimated dimension of 58 feet by 128 feet. There would be about 7,400 square feet of office space on each of the two floors. The total office space would thus total about 14,800 square feet. The basement level would have fourteen (14) standard and two (2) handicapped stalls. The additional parking is planned to be located on a portion of the area to be rezoned. There would be fifty-two (52) stalls in this area, which covers approximately 19,100 square feet of land. This structure would have an eleven (11) foot setback from the mauka or Komohana Street -side property line. There would be more than seventy (70) feet of setback from Pu'uhonu Place and the other property lines. 2. Building B The second building would be fronting Komohana • Street, although its access, as described below, will not be directly from said street. The proposed structure will be two (2) stories, except that a portion will have a basement parking. The total height of the building from the finished grade of the basement area will be around thirty-five (35) feet. The structure will have essentially two floors of office space, each floor having about 2,600 square feet. The total area should thus approximate 5,200 square feet. Although the building will have an exterior dimension of 130 feet by 120 feet, the actual useable area will be less due to an open courtyard in the center of the structure. Sixty one (61) conventional and three (3) handicapped stalls are planned for this building. The building will be setback at least fifteen (15) feet from Komohana Street. There will be a twenty (20) foot setback from an intervening lot that is located between the proposed building and Pu'uhonu Street. A fifty (50) foot setback from the lots along Punahele Street is also being planned. -3- 000024 B.- Proposed Access The applicants intend to have two accesses serve the site. One would be via'Pu'uhonu Place, and the other from Punahele Street. Pu'uhonu Place is a County -dedicated road with a right-of-way of 50 feet. There is a 32 -foot wide pavement with curbs, gutters and sidewalks. Pu'uhonu Place intersects with Komohana Street. This section of Komohana Street has an eighty (80) foot right-of-way. There is also a left -turn storage pocket at that point. The applicants plan to use a portion of the subject site (6,725+ square feet) to serve as access to Building B and the parking area for Building A. This access would have a paved section of 24 feet. If required, appropriate easement documents would be prepared and executed to assure the use of said area as access. The other access would be via a 9,230 square foot parcel (TMK: 2-3-35: 18) between the subject parcel and Punahele Street. This parcel, which is owned by one of 40 the applicants, has a width of seventy-one (71) feet and is planned to be improved with a 24 -foot County -standard roadway. This roadway would serve as a secondary access to the subject site. C. Subdivision At this point in time, the applicants have no intention of subdividing the property. The proposed roadway lot (TMK: 2-3-35: 18) is intended to be consolidated with the subject parcel. It is not planned to be zoned for CN uses. In the event - due to financing or other development considerations - the land has to be subdivided, the applicants intend to meet with the requirements of the subdivision code relative to size and access. Also, a perpetual roadway easement via the proposed roadway lot would be granted to enable uninterrupted egress and ingress for the entire project from both Punahele Street and Pu'uhonu Place. IV. REQUESTED ZONING 0 To effectuate this development, a CN -10 zoning is being -4- 000025 Is requested for the entire 2.437 acre area. The parcel fronting Punahele Street that is planned for the access is not proposed to be rezoned. It will retain its RS -7.5 zone to minimize the potential for alternative commercial uses on that land. The rezoning of the subject parcel in essence, would enable the applicants to a) construct a new office building; and b) provide the land needed to satisfy the parking requirements for a building proposed for on a 20,0002 square foot, CN -10 zoned parcel. V. INSTITUTIONAL CONSIDERATIONS A. State Land Use The present State Land Use classification of the site is Urban. Thus, the requested rezoning would not require further action by the State Land Use Commission. B.' County General Plan The General Plan Land Use Pattern Allocation Guide • Map designates the subject property for Medium Density Urban Development. Such a designation may allow residential uses (up to 35 units per acre), as well as village and neighborhood commercial uses. As such, this designation would allow consideration of the requested CN zoning. C. Hilo Community Development Plan (CDP) The Hilo CDP, as adopted by the Planning Commission in 1975, suggests that the area be set aside for open space and a residential planned unit development. It should be noted, however, that since adoption of this plan, there have been many changes (including the commercial rezoning of the adjoining parcels) which make this plan somewhat obsolete. D. Zoninq The subject property presently has two zoning designations - RS -7.5 and A -la. The request is to have those designations amended to CN -10. Based upon the requested Cid zoning and the proposed uses, there may have to be some adjustments to building • -5- 000026 setbacks and parking to accommodate landscaping, visual, and other related Plan Approval requirements. As such, the applicant is aware that the plans submitted in conjunction with this application are only tentative and would be subject to adjustments at the subsequent governmental review process. E. Subdivision As noted earlier, the applicants have no intention to subdivide the property. If anything, the tentative plan calls for the consolidation of the proposed roadway lot with the subject site. In the event a subdivision is needed, the applicants intend to comply with the requirements of the subdivision code, and appropriate easement documents would be prepared and executed to assure the continued use of the roadways as access serving both buildings. F. Special Management Area The subject site is not located within the County Special Management Area. As such, no SMA Use Permit is required. V. SURROUNDING LAND USES The subject site is presently vacant of any structures. The makai or easterly side of the subject site abuts the base of Halai Hill. There are some single-family homes at the top of the Hill. Likewise, there are single-family homes adjacent to the site along the northern or Hamakua boundary. Along the westerly or mauka end of the site, portions of the site abut Komohana Street. There are some single-family residences and a proposed golf course mauka of Komohana Street. The other portion abuts a vacant CN -10 zoned property. There are tentative plans to construct a medical office building and an office and facility for the KC Foundation - a foster children organization - on this lot. The proposed location of the KC Foundation building would be on the corner of Komohana Street and Pu'uhonu Place. There are medical offices and a credit union on the So»th or Puna side of Pu`uh onu Street. Beyond those uses is W -V 000027 [-I a medical complex:, Ka Waena Lapafau, located on the corner of Komohana and Ponahawai Streets. VI. ENVIRONMENTAL CONSIDERAITIONS A. Site Characteristics The topography of the site is relatively level. There is a gradual slope towards Punahele Street to the north, and an incline at the base of Halai Hill to the east or makai. 4 The area receives between 120-180 inches of rainfall annually. B. Soils According to the Soil Survey Report published by the USDA, Soil Conservaton Service, the soil of the property falls within the Hilo Series. This Series is characterized by well -drained, silty clay loam soil. The surface layer and subsoil are approximately 12 and 48 inches, respectively. Permeability is rapid, runoff • is slow, and the erosion hazard is slight. r: The State Department of Agriculture Agricultural Lands of Importance to the State of Hawaii (ALISH) system does not classify the subject site. C. Drainage According to the Flood Insurance Rate Map (FIRM), the subject site is in Zone X, area outside of the 500 -year flood plain. D. Flora/Fauna Based upon information on file with the Planning Department, the subject property does not appear to have any history of endangered plant or animal life. The site has been cleared a number of times, and in the not too distant past, the site was previously used for sugar cane. E. Archaeological Resources Likewise, the Planning Department files - particularly in relation to other land use _7- 000028 considerations of the subject and surrounding property,. - do not reflect any existing or potential archaeological features in the area. Furthermore, the site has been extensively cleared in the past. Nonetheless, in the subsequent development phases of this site, work will stop in the event unanticipated archaeological finds are made. VII. INFRASTRUCTURAL CONSIDERATIONS A. Water . County water is available via. an existing 12 -inch line fronting the subject property. B. Wastewater System The nearest County sewer line is along Haili Street about 1,000 feet away. It is the applicants' understanding that the County is in the process of constructing a transmission line along Punahele Street. The applicant intends to have this line extended to the subject development through the proposed driveway or road fronting Punahele Street. C. Access As noted earlier, access would be via Pu'uhonu Place, a 50 -foot wide County -dedicated road. This road then intersects with Komohana Street which has a modified left -turn lane and a 24 -foot wide pavement within an 80 -foot right-of-way. There is also a 3 -foot wide raised pedestrian walkway along the makai side of Komohana Street, between Pu'uhonu Place and Punahale Street. The applicants also intend to construct a 24 -foot wide paved County dedicable road between the subject site and Punahele Street. An existing 70 -foot wide parcel, located between the subject site and Punahele Street, would be used. This would also serve, as indicated above, as access for a new wastewater transmission line from Punahele Street. D. Other Utilities All other utilities such as telephone and electrical 000029 • services are available on lines fronting Komohana Street and Pu'uhonu Place. VIII. JUSTIFICATIONS FOR REQUEST A. Conformity to the General Plan LUPAG Ma As noted earlier, the subject property is designated for Medium Density Urban Development on the General Plan LUPAG map. This designation allows consideration for Village and neighborhood commercial requests. As such, this CN -10 request would not be inherently in conflict with that designation. B. Relationship to General Plan Policies Of equal importance is the requested re zoning's relationship to and implementation of the applicable goals, policies, and standards of the General Plan. The pertinent section in this situation is the Land Use - Commercial Development. The commercial development goals, policies, and standards articulated in the General Plan are: GOALS * Provide for commercial developments that maximize convenience to users. * Provide commercial developments that complement the overall pattern of transportation and land usage. within the island's regions, communitites, and neighborhoods. POLICIES * In an effort to assist existing commercial developments, urban renewal rehabilitation, and/or redevelopment programs shall be undertaken in cooperation with communities, businesses and governmental agencies. The key to the success of these kinds of programs is active and sustained participation from communities and businesses. * Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. -9- 000030 • Should such services not be available, the development.of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. * Existing strip development shall be converted to more appropriate uses when and where it is feasible. * The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. * Applicable ordinances shall be reviewed and amended as necessary to include considerations for urban design, aesthetic quality and the protection of amenities in adjacent areas through landscaping, open space and buffer areas. STANDARDS * Three types - Neighborhood Centers, Community Centers, and Regional Centers * Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. * off-street parking and loading facilities shall be provided. * Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. Preferences shall be given to commercial lands with a reasonably level topography. In reviewing these goals, policies, and standards, the issues can be distilled into several categories. These categories - and the project's relationship - are -10- 000031 • discussed as -follows: 1. No On -Site Constraints There are no on-site development issues associated with this parcel. The site does not have any known or associated history with significant archaeological features and plant or animal life. Furthermore, the site is relatively level, and the sloped area adjacent to the base of Halai Hill will be used for parking and landscaping. So any problems associated with hillside development should not be present. The site is designated Zone X on the FIRM map. Thus, there does not appear to be any potentially significant drainage associated with the site. All on-site drainage matters will be handled in a manner consistent with applicable State and County laws and regulations. 2. No Major Infrastructural Constraints • Two major accesses are being proposed - Komohana Street and Punahele Street. Komohana Street has a 24 -foot pavement within an 80 -foot right-of-way. It serves as a major cross-town thoroughfare. There is a modified left -turn pocket where Pu'uhonu Place intersects with Komohana Street, affording unimpeded traffic flow along Komohana Street. An alternative access to Punahele Street is also being proposed. This should assist with some of the turning movements into Pu'uhonu Place, but more critically with the outbound traffic. With this new access to Punahele Street, alternative streets - particularly to the Downtown area - can now be more readily accessible to and from this site. This should thus reduce the load at the intersection of Pu'uhonu Place with Komohana Street. Although Pu'uhonu Place has a 50 -foot instead of a 60 -foot wide right-of-way, it has a curb, gutter, and sidewalk section. Furthermore, the width is sufficient to accommodate on -street parking safely, although that may not be necessary as all of the establishments using this road has or will have the -11- 000032 r 1 LJ required County- parking. Additionally, the road is a cul-de-sac and not a throughstreet. The volume of traffic should therefore not be pronounced, as it would be used principally by the owners/patrons of the subdivision. Water and related utilities are available. A wastewater system will be through the County's new transmission line along Punahele Street. 3. Relationship to Surrounding Properties The requested use will be reasonably compatible to surrounding areas. On the opposite side of Pu'uhonu Place or south (Puna) of the subject site, there are existing commercial office uses. There is also a vacant commercially -zoned property west or mauka of the site that will soon be developed into a medically -related facility adjacent to the subject site. The makai or east side of the site is the base of Halai_ Hill. Impacts along this end should thus be minimal. • Any impacts, however, would be along the north or Hamakua end where there are existing homes. As such, the applicant has designed his project to site all structures away from those homes. Parking and open space areas would serve as a buffer between the project site and those homes. It should also be noted that the intended users of the proposed buildings will be professional offices. These are diurnal uses, uses that occur essentially during the day. These uses should pose little, if any, noctural impacts. The structures will be kept below 35 feet, the maximum allowed within the single-family residential zone. Architectural styles and colorings will be guided by the surrounding area. Landscaping will also be included within the project site, particularly along those areas bordering residential dwellings. 4. Convenience to Users This site is readily accessible by one of the major cross-town thoroughfares in Hilo, Komohana -12- 000033 C7 0 Street. .Komohana Street also intersects with all of the major mauka-makai cross streets - Waianuenue Avenue and Ponahawai, Mohouli, and Puainako Streets. This site would thus be convenient to the immediate and broader community. Additionally, given other medical and professional office uses in this area, the development of the proposed buildings could serve as a "one stop" professional center. This would add further to the convenience of the community. 5. Relationship to Existing Commercial Areas Of import is the site's relationship to the Downtown area, an area that has and continues to undergo economic and social changes. Public and private funds have been invested into this area to assist with its economic and social vitality. The development of the subject site should lend some direct and indirect support to this area. From a locational standpoint, the subject site falls within the same northern sector of the City of Hilo as Downtown, unlike the other commercial centers such as the Prince Kuhio Plaza, Waiakea Plaza, Kaiko'o Mall, and the Hilo Shopping Center. Traffic patterns, particularly with the development of the new access to Punahele Street, should have somewhat of a Downtown focus. It is noted that the road "boundaries" of the Downtown area are Ponahawai Street and Wailuku Street/Waianuenue Avenue. The subject site falls within this area. Thus, the location of this project should bring more attention and create some economic gravity to the Downtown area. -13- 000034 LO 0 0 0 0 q� 3gT�SF � hhli Y a74HYNna S CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK: (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 5 ALLAN S. TAKASE, M.D., FA.C.O.G. OBSTETRICS & GYNECOLOGY 670 PONAHAWAI STREET a SUITE 200 HILO, HAWAII 96720 PHONE: (808) 961-2881 November 4, 1994 Ms. Virginia Goldstein Planning Director Planning Department 25 Aupuni St. Hilo, HI 96720 Dear Ms. Goldstein: Re: Change of Zone Application (REZ 94-12) Applicant: Gelocag Partnership and Dr. Allan Takase Request: RS -7.5 and A -la to CN -10 Tax May Key: 2-3-35:16 After discussion with Mr. Daryn Arai of your staff and Mr. Galen Kuba from the Department of Public Works, we would like to make the following Proposals to deal with the concerns addressed by the County and the adjoining property owners. First, we would propose to delete the exit from the property to Punahele Street, It is our understanding that the neighbors." have no problems with the rezoning itself, only with the traffic that might b•e,ggnerated next to their houses. If an entrance from Punahele were allowed by deleting this roadway, we feel that this action would eliminate this concern. Secondly, to deal with the increase in traffic that would occur at the Komohana/Puuhonu intersection, it has been recommended and we will agree to do the.following: I. Realign Komohana Street, to improve the sight distance from the Puuhonu intersection entering Komohana; and 2. Create a storage lane for vehicles turning left onto Komohana from Puuhonu Place. We are hopeful that these conditions':wi11 meetrwith your approval and will be favorably recommended to the Planning Commission for approval. '';w,• Sincerely, . .. y qr >: Allan S. Takase, M.D,. --A j t Enc. 000036 o d b d ota rrro vavovx e .oa r .+cd 6iP11�2 o�11Jo noy t .srry zo ,ms.ti � ���' I R \� • � F ��y�d ruVo;�nrtd .aw Ir ' I I El I l 'o- Boundary of Subject Propei I lu I L� I -Delete Access Point I I I I EXHIBIT B - Site Plan (note access deletion at PunaheIe Street) 000037 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 6 Qiw B tale as02. D S A-11 /9/94 ® COUNTY OF HAWAII PLANNING DEPARTNMNT SUPPLEMENTAL BACKGROUND'REPORT ALLAN TAKASE, M.D. AND GELOCAG PARTNERSHIP CHANGE OF ZONE APPLICATION 94-12 Allan Takase, :M.D. and GELOCAG- Partnership are requesting Changes of Zone for approximately 2.437 acres of land from an Agricultural -1 acre (A -1a) to a Neighborhood Commercial -10,000 square feet (CN-10)"zoned district (1.838 acres) and from a Single Family Residential -7,500 square feet (RS -7.5) to a Neighborhood Commercial -10,000 square feet (CN -10) zoned district (0.599 acre). The subject properties are located on the northeast or Hamakua end of Pu'uhonu Place, Punahoa 1st and 2nd, South Hilo, TMK: 2-3-35: 16. APPLICANT'S REQUEST I. Request: The Applicant is requesting a change of zone of the project site from a Single Family Residential -10,000 square foot (RS -10) and Agricultural -1 acre (A -la) to a Neighborhood Commercial -10,000 square foot (CN -10) zoned district. 2. Nature of Subject Request: According to the application submitted, the change of zone, should it be approved, would allow the establishment of a commercial office building on the project site which would'be generally' oriented to the rridical . profession, although other non-medical commercial uses would also be considered. 3. Access: (See Exhibit B) Prirrizy acces8`to the proposed development from Pu'uhonu place.:will be provided by a 24 -foot wide driveway which would direct traffic to ,,he two proposed parking areas. Secondary access will be provided by another 24=foot 000038 wide driveway from Punahele. Street. This secoitdary driveway will traverse over nri e -x kl Ing residential parcel (TNIK: 2-3-35: 18) aloud; Punaliele Street which has bee>> ne,e.11iired by the applicant for thiti M -Y In.u-posr.;. This residential parcel has a width 01 'M Vicet. J—!J,,ANNil N(,.k. M 7.S X S t��r,�►�.�r.. :a.1�1,1 I'.tllali�_I ��a_r�a ; 4, AI l.lte Planning Commissions September 22, .1994, public hearing on the subje( I request, the Planning Director recommended favorable consideration of the change i)f x.M ICI request subject to the following conditions: n. The applicant, its successors, or assigns shall be responsible; for complying will) all of the stated conditions of approved. 13 The applicant shall secure hinal Plan Approval of the proposed commercial development from the Plarudng Director. Plans to be submitted shall indicate n minimum 50 -foot. structural setback frorn the subject property's northwestern property boundary. Plans shall also Include a mitumum 6 -foot high privacy wall or landscaping buffer along the subject property's common boundaries \0111 adjoining single family residential propertics along Punahele Street and along the side boundaries of TMK: 2.1.35: 18 for the. purpose of mitigating any potential adverse noise and visual impacb;, Should a landscaping buffer be utilized for this purpose, it shall be provided to the extent that a continuous, unbroken, heavy planting screen, no lese than 6 feet in height, is' established prior to the issuance of a certificf3te of occupancy for any portion of the commercial development.. C. Construction of the proposed commercial development shall be completed (Certificate of Occupancy) within five (5) years from the effective date of this ordinance. 1 t Access to the subject properly from Mu'u.11olM and Punahele Streets shall meet with the approval of the Department: Pub'llc. Works. I'. Pu'uhonu Place shall be widened to a mininn.um right-of-way width of'60 feet with the reconstruction of pavement, curl:), flutter and sidewalk to commercial 000039 standards along Its�;Iltirc I�:ng(li. 'I'hc l;tr turnaround at the Inakai enol OI ® Pu'uhonu Street shall be rccrntstructed as I:a "T" (hanimerhead)-turnaround. All improvements to h'u'uhona.1 Street ,;hall be constructed in a manner meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy f.'or the establishlnent of any commercial use on the subject property. 1 . Primary access to all buildings within the subject property shall be provided by a minimum 60 -foot wide roadway lot with commercial -standard pavement width, curbs, gutters and sidewalk;; from its intersection with the "T" (hammerhead) -turnaround on Pu'ulaonu Place to Punahele Street. Commercial -standard curb, gutter ,and sidewalk improvement shall also he provide along the frontage elf TATE{ : 2..3-35; 18, exclusive of, ccess point. CI, Channelization and sight-distrtnee improvements, along with attendant signing, striping and street lighting in•iprc�veinen(s, shall be provided at the Komoharaa Stree t-Pu'uhonu Street Interse.ctiolt Iti a manner meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy for the estahlishinent of any commercial use on the subject property. 11. Curb, gutter, sidewalk and pavement improvements shall be provided along the subject property's entire Komohana Street frontage in a manner meeting with the approval of the Department of Public: Works, prior to the issuance of a ® Certificate of Occupancy for the establisliment of any conunercial use on the subject property. I.• On-site drainage improvements, if required, shall be installed in a manner meeting with the approval of the Department of Public Works, prior to the .issuance of a certificate of occupancy for the establishment of any commercial use on the subject property. J. Should any unidentified sites or re:rnnins, such as artifacts, shell, bone or- charcoal rc=.harcoal deposits, human bairials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Director immediately notified. Subsequentwork shall'j)roeeed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. K. Comply with all applicablb laws,, ,rules, regulat:lons and requirements of the affected agencies, including those of the Department of Health and the Fire Departinent. • 000040 q? N 1 Should the Council adopt it i..lnified Imintr,( lees Ordinance seltirr):,, forth crilei w • for the imposition of exactions (V the aH.tiU�ssn•)errt of irnpitct fee~, c.()nditions included herein shall he credited ((IwnrcIH the requirements of the Unified Intlnu-I Fees Ordinance. NI An initial extension of lime for the performance of conditions within the ordinance may be granted by the Planning; Director upon the following circumstances: 1) the non-performance is the resell of conditions that could n0�i have been foreseen or are beyond the control of the applicants, successors or assigns, and that are riot the result of their fault or negligence; 2) granting of the time extension would not be contrary to the general plan or zoning code; :'i I granting of the time r,xtension would not. be contrary to the original reasons for the granting of the cliange of zone; 4) Iht. time extension granted shall be for n period not to exceed the period originally granted for performance (i.e., a condition to be performed NOthin one ,yc or may be vx(c'nded for- up to one additional year); and 5) if the applicant rrhould require an additional extensiuii of time, the Planning Director slu.tll submit the applicant's request to the Couirty Council for approprirt(c action. Shcrulc.I Tiny of the conditions not be rnet or - substantially complied with In a timely fashion, the Director shall Initiate rezoning of the area to its original (.-Ir more appropriate designation. `, Public Testimony presented during the public hearing surrounding property owners • expressed concerns regarding; traffic and noise impacts generated by the proposed conu-nercial development on residential parcels located along, Punahele Street, the 17111nruy access point to the development. As recommended by the; Planning Director, Iho Commission voted to continue: the puhllc (rearing to allow further discussions I►OWIvvii the applicant and the Planning; Director on several itutstanding; issues relatingr, to I rn ll'ic and its associated impacts. 6. )I evised Access: As a result nl".'cont.inued discussions regarding access concerns alonfl KbIllrrhana and Punahele ,Streets and Pu'uhonu Place and its impacts to residents alone!. A 000041 V`\ NAWA,I INTArc� ANO COMMUNITY CcnfR 6GT-�oN,�l-' IN= ---5 '1 TR LJ C' I I -i C- C V-4 - i CN-1 Gtr cN-io <I s. A J S V , o O °° 0. '1 TR LJ C' I I -i C- C V-4 - i CN-1 Gtr cN-io .� err-< � a,� la's • �./ of T Afr C L_ I 6 y; ,X \p G. 7T° !`ZC51t�l=tvTIAL �fe!SY-? E5 70 N E I C-5 H B O FZ t -i o o C> ��� o COMM�I�CIAL �C1�'-l0) �,��o Af��A L• 0.5�� ACf� C caNTMIR (o�J'- r2w-7 S �` I�CEL_ � 31 AGF2ICU L_-rur-RAL- A tREA=I.E33B P\CPRCS AMENDMENT TO I FIE ZONING CODE OF H I L_O CD CD D - J, HAV`tAIi Coll T�' c8`;T `l=` 13 «1,' I# (ANG1N 'THC C7I TF;�tC-F C I--- PAs •-- T t .� l_ (tQ.�� A 1�i C� AC:, 1�.:i:� t-,�.0 FA 1_ To �C-JGH:C .0f4;,5Ha0b CCOivlfti?�f�C1AL_ (cN-lo) AT Pf`Z�f�AR�[� Qy j�LANN1ht� Dt'=f�P•f�TMCNT (GSL-OGA6 i"c�►�TItt2�Nlla/f'1 Art Trat�A=std, nl,n,1 f I B I'1- IIAI' EXITMIT A - L,ocadoo Map 000042 s. A .� err-< � a,� la's • �./ of T Afr C L_ I 6 y; ,X \p G. 7T° !`ZC51t�l=tvTIAL �fe!SY-? E5 70 N E I C-5 H B O FZ t -i o o C> ��� o COMM�I�CIAL �C1�'-l0) �,��o Af��A L• 0.5�� ACf� C caNTMIR (o�J'- r2w-7 S �` I�CEL_ � 31 AGF2ICU L_-rur-RAL- A tREA=I.E33B P\CPRCS AMENDMENT TO I FIE ZONING CODE OF H I L_O CD CD D - J, HAV`tAIi Coll T�' c8`;T `l=` 13 «1,' I# (ANG1N 'THC C7I TF;�tC-F C I--- PAs •-- T t .� l_ (tQ.�� A 1�i C� AC:, 1�.:i:� t-,�.0 FA 1_ To �C-JGH:C .0f4;,5Ha0b CCOivlfti?�f�C1AL_ (cN-lo) AT Pf`Z�f�AR�[� Qy j�LANN1ht� Dt'=f�P•f�TMCNT (GSL-OGA6 i"c�►�TItt2�Nlla/f'1 Art Trat�A=std, nl,n,1 f I B I'1- IIAI' EXITMIT A - L,ocadoo Map 000042 LOT 12 le gcreet O O O 0 w C!) r,. c� 0 C C:) 0 CD(D r+ - LOT Io LOT n • 3, O -----------n----L-- NEW WIDENIN6 5' KOMOHP.NP� --- --------------- STREET STORAC- E I TAPER PROFOSED IMPROVEMENTS TO KOiMOH.ANA ST./ PU'UHONU PL. INTERSECTION Not to Stole November 4, 1994 A Punahele Street, the applicant has proposed the following improvements and revisions to their traffic circulation plan while addressing traffic concerns along the above- mentioned County roadways: a. (See Exhibit B) Primary access to the proposed development will be provided from Pu'uhonu Place by a 24 -foot wide driveway, which will direct traffic to two proposed parking areas. The originally proposed secondary access to Punahele Street will be deleted, thereby alleviating any. potential traffic impacts to Punahele Street and the residents which live along this roadway. b. (See Exhibits C & D) The intersection of Komohana Street-Pu'uhonu Place currently lacks adequate sight distance for safe ingress and egress. The applicant proposes the widening and realignment of Komohana Street and the extension of the Pu'uhonu Place approach which will increase sight distance along Komohana Street. C. A left -turn storage lane within Komohana Street will be provided for traffic turning left from Komohana Street onto Pu'uhonu Place. DEVELOPMENT AND BACKGROUND INFORMATION 7. The overall proposed development, with the :exception of access, has not. .changed. For a description of the proposed cormercial development and other details, please refer to the Planning Director s Backgrouc2eport•dated September 15, 1.994, previously ? : traznsmitted to the Planning C0111I111SSion.. 000044 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 7 E RTakas02. DSA -1 119/94 COUNTY OF HAWAII PLANNING DEPARTMENT REVISED RECOMMENDATION ALLAN TAKASE M.D. AND G-tLOCAG PARTNERSHIP CHANGE OF ZONE APPLICATION 94-12 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 this change of zone application be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change .given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter her position based upon the following findings: • The Land Use Pattern Allocation Guide (LUPAG) map component of the General Plan is a representation of the document's goals, policies, standards, and course of action. It is also a graphic depiction of the physical relationships among the various land uses. The LUPAG map establishes the basic land use pattern for areas within the County. The requested zone change conforms to the General Plan's Land Use Pattern Allocation Guide (LUPAG) Map which designates the affected area for Medium Density Urban uses, which -,would include uses such as village and neighborhood comrr9M8-9M88',;. `s : ,rYt ommetcial) and residential uses (35 units per acre) and related functions. An are'a:1:'ated to the south of Pu'uhonu Place along the ., ....,ui;akai side of Komohana Street -has alr6ady been rezoned to a Neighborhood °(�--OnZmercial designation and currently accommodates the Ka Waena Lapa'au medical • 000045 f�. complex, the Hawaii County Employees Credit Union, and the construction of other • medical office complexes. Approval of the subject change of zone request would result in a logical progression of commercial uses along this portion of Komohana Street and its maturation into a comprehensive medical /commercial office development consistent with the Medium Density Urban desgination along this portion of Komohana Street. In order to consider an area for any type of zoning designation, these applicable goals, policies. and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage' developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. ® The proposed change of zone to a Neighborhood Commercial -zoned district will conform to the following goals, policies and standards of the Land Use Element of the • General Plan: o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities., o Zoning request shall be? &-Viewdd with respect to General.Plan designation, district goals, re'go�al'pla.is;;.State'Laad.;Use District, compatibility with adjacent zoned uses; availability of public services and utilities, access, and public need. o The county shaff.encourage the*�naintenarlce of communities meeting the needs of its residents in balance with the physical and social environment. I, -2- 000046 0 Approval of this request would also compliment the following goals and policies iof the Commercial Element: o To provide for commercial developments that maximize convenience to users. o Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. o Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. o Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community, and regional needs. o The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. Finally, approval of the subject request would be consistent with a Course of Action for the South Hilo District that "Appropriately located commercial zoned lands shall be allocated as the need arises." mentioned, the subject property is located adjacent to the northwest of lands currently zoned Neighborhood Commercial. As demonstrated by Ka Waena Lapa'au medical complex, the Hawaii County Employees Credit Union, and the more recent construction of additional commercial office complexes within this area, there is a demand for commercial -zoned' lzd wr't1ie:;City of Hilo. The location of the subject roe ' ' ,'. J property rty a�Qrig'Kom�hari� Street, Xiuch services the major residential areas of Waiakea and Ka.umana,:provides for. -;a convenient location readily accessible to the -3- 000047 �4 C" general public, community facilities and employment centers while complementing the 0 overall transportation and land use pattern within the affected area. Due to the improved nature of the subject property and surrounding areas, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the project site, nor has the project site been identified as a significant botanical or biological habitat. The project site is located within an area adequately served with essential services and facilities such as water, transportation systems, and other utilities, provided that recommended improvements to these systems are made to accommodate the proposed development. Primary access to the subject area is provided by Komohana Street, a County - maintained roadway having a pavement width of 24 feet within an 80 -foot right-of-way. Access to the project site from Komohana Street will e provided by Pu'uhonu Place, a County -maintained roadway having a pavement width of 32 feet within a 50 -foot right- of-way with curb, gutter and sidewalk improvements. The intersection of Komohana Street and Pu'uhonu Place is channelized with a left -turn pocket. The makai side of Komohana Street partially fronting the project site has been improved with concrete curbs and an asphalt sidewalk from Pu-!dhonu:Place to Punahele Street. The Department of Public Work.; is �rec�oinrinending,.that the applicantchinnelize and provide sight -distance improvements to the Komohana Street-Pu'uhonu Place intersection, The applicant proposes to realign Komohana Street to allow for improved „si` ,:zght distance from Pu'uhonu Place. The Planning Director recommends that .Y" . 0 M 000048 C U 0 G channelization and sight -distance improvements of the affected intersection be made by the applicant. These intersection improvements will improve traffic flow to and from this commercial area, eliminating the need to restrict turning movements within this intersection without such improvements. The Department of Public Works also recommends the reconstruction of Pu'uhonu Place into a "T" -turnaround with a separate road lot to Punahele Street servicing the proposed commercial development. ID In response to traffic concerns along Punahele Street and the adverse impacts to adjoining residents should such an access road be provided, the Planning Director and the applicant have agreed to delete a secondary access road to Punahele Street. This will alleviate any traffic impacts to Punahele Street, which is a narrow residential roadway not capable of supporting commercial traffic. The elimination of this secondary access roadway will also spare the residents along Punahele Street from the impacts such added traffic would generate The reconstruction of Pu'uhonu Place into a "T" -turnaround is no longer needed with the elimination of the Punahele Street access. The Planning Director also recommends that curb, gutter and sidewalk improvements be provided along the subject property's entire Komohana Street frontage. These improvements to Komohana Street are consistent with improvements required as a condition. of(" PP'Tb alsofrother similar commercialrezoning requests. With a large residential concentration to the north along Komohana and Punahele Streets and V'aianuenue Avenue, these roadway improvements would facilitate r,pedestrian traffic along Komohana Street to the comprehensive medical services which _ 5 - 000049 will be and are being provided at the subject property and its adjoining parcels. Such 0' improvements will also accommodate joggers, bicyclists and other users who are frequently seen along this section of Komohana Street. Wastewater will be .disposed of in a manner meeting with the approval of the Department of Health. The County is presently undertaking the expansion and improvement of sewer lines within the vicinity of the subject property. A sewer line will be installed along Punahele Street fronting the proposed access point in about a year or so. The Planning Director recommends that the applicant be required to hook- up to the County's sewer system prior to the establishment of any commercial use on the subject property. The Fire Department recommends that fire protections measures, namely fire hydrants, be provided when required by the Fire Chief. The need for fire protection measures will be assessed during the subdivision and/or building permit processes. A specific condition of approval to impose such a requirement is therefore not necessary. .With the existing infrastructure and its improvements as specified above, approval of this request would be consistent with the the goals, policies and standards of the General Plan relating to the provision of adequate facilities and services to support a change of zone in balance with thephysical, environment. Lands adjacent to the soutles' of the :subject property are currently zoned Neighborhood Commercial and should not be adversely affected by the proposed development. Similarly, with Halai Hill to the northeast and Komohana Street to the e southwest, the subject property is somewhat isolated from other types of uses in the -6- 000050 0 - general vicinity which may be adversely affected by the proposed use, with the exception of five (5) residential lots located along Punahele Street, which are located adjacent to the northwest of the subject property. The proposed commercial building will be required to maintain a setback of at least 50 feet from these residential lots. The parking area, however, will be situated within this 50 -foot structural setback area. As recommended by the Department of Public Works, a 6 -foot high privacy wall or other form of sound barrier will be required along all of the common boundaries between the subject property and the adjoining residential lots, including along the project's access point on Punahele. Such a wall or landscaping feature will also mitigate any adverse visual impacts to these parcels. With the imposition of the recommended mitigating measures as discussed above, the Planning Director concludes 9 that approval of the change of zone would similarly fit into the locale with minimal intrusion while providing the desired services. The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for the proposed use. Based on the foregoing, approval of the change of zone request would result in an appropriate land pattern that will further the necessity, convenience and welfare of the general public. j The accompanying draft bill to amend the City of Hilo Zone Map is provided for your favorable consideration. Please note that the proposed conditions of approval starting on Page 4 of the draft bill. • 000051 G Er V 'K� OTakas02.DSA-11/9/94 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS -7.5) AND AGRICULTURAL (A -la) TO NEIGHBORHOOD COMMERCIAL (CN -10) AT PUNAHOA 1ST AND 2ND, SOUTH, HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-35:16. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code.).of the Hawaii County Code, is amended to change the district classification of properties described hereinafter as follows: 000052 The district classification of the following area situated.at Punahoa 2nd, South Hilo, Hawaii, shall be Neighborhood Commercial (CN -10): PARCEL 1: Beginning at .the southwest corner of this -parcel of land and on the northeasterly side. of_Komohana Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 103.21 feet North and 688.32 feet West and running by azimuths measured clockwise from True South: 1. 1400 40' 70.00 feet along Komohana Street; 2. 2320 49' ;:`'.3,74.3.0 feet along Lots 3, 4, 5, 6 and 7 of the subdivision of R.P. on Confirmation 1946, Number 1 to D.B. Lyman, L.C. Aw. 387, Part 4, Section 1 to American Board of Commissioners for Foreign Missions; 000052 GI • U 3. 3220 49' 4. 520 49' 27" 70•.00 feet along the remainder of R.P. on confirmation 1946, Number 1 to D.B. Lyman, L.C. Aw. 387, Part 4, Section 1 to American Board of Commissioners for Foreign Missions; 371.67 feet along the remainder- of emainderof R.P. on -Confirmation 1946, Number 1 to D.B. Lyman, L.C. Aw. 387, Part 4, Section •.1 to American Board of Commissioners for Foreign Missions to the point of beginning and containing an Area of 26,100 Square Feet or 0.599 Acre. (Refer to Parcel 1 as shown on Exhibit "A".) The district classification of the following area situated at Punahoa 1st and 2nd, South Hilo, Hawaii, shall be Neighborhood Commercial (CN -10): PARCEL .2 : i 1 Beginning at the northwest corner of this parcel of land,' and on.ithe northeasterly side of Komohana Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 103.21feet North and 688.32 feet West and running by azimuths measured clockwise from True South: 4• T s 1. 2320 49' 27"• 371.67 feet along the remainder r of R.P. on Confirmation f946, Number 1 to D.B. Lyman, L.C. Aw. 3.87, Part 4, Section 1 to American Board of Commissioners for Foreign Missions; 2. 3220 49 106.16 feet along t}l.e remainder of R.P. on Confirmation 1946, Number 1 to D.B. } Lyman, L.C. Aw. 387, Part 4, Section 1 to American Board of Commissioners for Foreign" Missions; -2- 000053 0 3. 3280 13' 295.21 feet along the remainder of R.P. on Confirmation 1946, Number 1 to D.B. Lyman, L.C. Aw. 387, Part 4, Section 1 to American Board of Commissioners for Foreign Missions; 4. 58-0 02' 10" 69.26 ,feet along Lot 9 of Komohana 79 Subdivision; 5. Thence along Road A of Komohana 79 Subdivision, along a curve to the left having a radius of 45.00 feet, the chord azimuth and distance being: 1020 55' 35" 63.76 feet; 6. 1470 49' 192.65 feet along Lot 10 of Komohana 79 Subdivision; 7. 570 49' 246.89 feet along Lots 10 and 11 of Komohana 79 Subdivision; 8. Thence along Komohana Street, along a cup -,e to the left having a adius of 2040.00 feet, ;:he chord azimuth and distance being: 1400 53' .48" 16.38 feet; 9. 1400 40' 115.16 feet along Komohana Street to the point of beginning and containing an Area of 80,037 Square Feet or 1.838 Acres. (Refer .to Parcel 2 as shown on Exhibit "A".) All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. These changes in district classification are conditioned up9p,the following: -3- 000054 Q A. The applicant, its successors, or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall secure Final Plan Approval of the proposed commercial development from the Planning Director. Plans to be submitted shall indicate a minimum 50 -foot structural setback from the subject property's northwestern property boundary. Plans shall also include a minimum 6 -foot high privacy wall or landscaping buffer along the subject property's common boundaries with adjoining single family residential properties along Punahele Street for the purpose, it shall be provided to the extent that a continuous, unbroken, heavy planting screen, no less than 6 feet in height, is established prior to the issuance of a certificate of occupancy for any portion of the commercial development. C. Construction of the proposed commercial development shall be completed (Certificate of Occupancy) within five (5) years f::: om the `.fecti.ve date of this ordinance. D. Access to the subject property from Pu'uhonu Street shall • -4- 000055 purpose of mitigating any potential adverse noise and visual impacts.' Should a landscaping buffer be utilized for this purpose, it shall be provided to the extent that a continuous, unbroken, heavy planting screen, no less than 6 feet in height, is established prior to the issuance of a certificate of occupancy for any portion of the commercial development. C. Construction of the proposed commercial development shall be completed (Certificate of Occupancy) within five (5) years f::: om the `.fecti.ve date of this ordinance. D. Access to the subject property from Pu'uhonu Street shall • -4- 000055 Et meet with the approval of the Department Public Works. Access to the subject property from Punahele Street shall not be permitted. E. The widening and realignment of that portion of Komohana Street in the vicinity of its intersection with Pu'uhonu Place, the installation of a left -turn storage lane, and all attendant signing, striping and street lighting improvements, shall be provided at or in the vicinity of the Komohana Street-Pu'uhonu Street intersection for the purpose of improving sight distance from Pu'uhonu Place along Komohana Street. These roadway improvements shall be provided in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy for the establishment of any commercial use on the subject property. F. Commercial -standard curb, gutter, sidewalk and related pavement improvements shall be provided along the subject property's entire Komohana Street.: -.frontage in a'manner meeting with the approval. -of the Department of Public Works, prior to the issuance,.of.a Certificate of Occupancy for the establishtent of any commercial use on�the subject property. 000056 G. On-site drainage improvements, if required, shall be installed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy for the establishment of any commercial use on the subject property. H. Should any unidentified sites or remains, such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Director immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. I. Comply with all applicable laws, rules,. regulations and nd requirements of the affected agencies, including those of the Department of Health and the Fire Department. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the -requirements of the Unified Impact Fees Ordinance... K • An initiaa.:.xtens`qi `of time for the performance of conditions within the ordinance may be granted by the 000057 Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the general plan or zoning code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for .performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and 40 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. t 000058 ,, c: L-] SECTION 3. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other Parts of this ordinance. SECTION 4: This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER c� REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 8 • • PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT November 17, 1994 A regularly advertised hearing on the application of Gelocag Partnership and Dr. Allan Takase was called to order at 10:03 a.m. in the County Building, Councilroom, 25 Aupuni Street, South Hilo, Hawaii, with Donald Manalili presiding. PRESENT: Donald Manalili Eddie Alonzo Kevin Balog Edward E. Crook Mary Katayama Melvin Martinson Sally Rice Wilton Wong ABSENT: Isaac Fiesta Virginia Goldstein, Planning Director Rodney Nakano, Staff Planner Daryn Arai, Staff Planner Linda Copman, Staff Planner Fred Giannini, Deputy Corporation Counsel Glenn Okada Representing Ex -officio Member Donna Kiyosaki And approximately 26 people from the public in attendance. MANALILI: So it's 10 after, excuse me, 3 after 10, so the meeting of the Hawaii County Planning Commission will now come to order. ARAI: Mr. Chairman, the first item on today's agenda is a continuation of a public hearing on the application of Gelocag Partnership and Dr. Allan Takase for changes of zone for approximately 2.437 acres of land from an Agricultural 1 acre to a Neighborhood Commercial 10,000 square foot zoned district and from a Single Family Residential 7,500 square foot to a Neighborhood Commercial 10,000 square foot zoned district. The property is located on the northeast or Hamakua end of Pu'uhonu Place, Punahoa lst and 2nd, South Hilo, TMK: 2-3-35:16. Again to quickly to summarize the properties indicated here in cross hatch red are the makai side of Komohana Street, which is the black line here, in this direction toward Waiakea. This is Waianuenue Avenue in this direction down toward downtown Hilo. Adjacent to the south of the project site are the current commercial designated lands as indicated here in the pink color where the Ka Wa.ena Lapaau WW,edical Facility is located. The County Credit Union is located in , vicinity here. 000060 • To recap the applicant's original proposal, not so much the original proposal but the original specifications, were the construction of two office buildings, primarily for medical office uses, although other types of uses will also be considered. Access will be provided by Pu'uhonu Place as well as Punahele Street. Primary access to the development was to have been provided by Punahele Street, as indicated here, with secondary access off of Pu'uhonu. The Planning Director, at the initial hearing held on September 22, recommended favorable consideration of this request, subject to conditions. Within the conditions of approval were numerous improvements to roadways within the area - improvements to Komohana, Punahele, Pu'uhonu as well as improvements for access within the project site itself. During this meeting, concerns regarding the proposed development and the traffic generated were raised by the general public as well as concerns regarding these conditions that were raised by various governmental agencies. The Commission, at the request of the department, continued, this application, the hearing to allow staff to work with the applicant in addressing some of these concerns. We "have done so and the applicants' most recent proposal is to delete this access connection to Punahele Street, thereby alleviating concerns regarding traffic and its impact to residents located in this area here. Futhermore, that would then negate the necessity of having to have Punahele Street upgraded to accommodate the icommercial traffic. So the primary access to this development will be solely by Pu'uhonu Place. With this revised layout, the Planning Director is again recommending favorable consideration of this change of zone application subject to conditions. 0 To summarize the conditions of approval, previous improvements to Punahele and Pu'uhonu Street would no longer be required, as you may note in the revised conditions. The applicant, in addressing impact concerns at the Pu'uhonu/Komohana Street intersection will be, looking at the location map, basically for a length along Komohana Street, moving Komohana Street a little mauka and widening it. Therefore, the approach from Pu'uhonu on to Komohana, the cars will actually be able to get on to a proper grade with Komohana, so as to improve sight distance, which is the major concern at this intersection. We're also recommending that along the property frontage, which is just this portion here, that curb, gutter and sidewalk improvements be provided, which is consistent with other similar requests before the Commission. Do you have any questions of staff? MANALII: Commissioners, any applicant and/or his representative and willing to testify on this agenda item, right hand. Do you swear or affirm to Hawaii County.. Planning Commission? TAKASE: Yes, I do. questions? Will the all those in the audience please stand, tell the truth and raise your before the -2- 000061 • REIS: I do. MANALILI: It should be I do, both. Okay, will both of you come then. And then we'll have the applicant speak first. Dr. Takase, will you verify for us that you received both the supplemental background report and the revised recommendation for us? TAKASE: Yes, I did. MANALILI.: Please state your name, resident address and proceed. TAKASE:. My name is Allan Takase, my residence is 287 Kanoelani. There is one thing that Daryn left out that, in addition to widening the highway and moving it little mauka, we are also putting in a left -turn holding area, that was requested to improve exiting this subdivision. MANALILI: Thank you. TAKASE: That was agreeable to us. The requirement that we put curb, sidewalks and gutters on Komohana was something that we felt would be detrimental to that area at this time, because it *would move the road in this area mauka, makai. The sidewalk that is presently there, although non -conforming, would not line up with this proposed sidewalk. Water in this area moves from mauka to makai. It would be caught and trapped in this area. We had to address this several years ago and the reason they did not impose that at that time is because of this concern about moving the sidewalk approximately 10 feet from the present sidewalk. MANALILI: Anything else? TAKASE: No. MANALILI: Commissioners? TAKASE: I think that's all. MANALILI: Okay, next. Cheryl, same, name, address. REIS: My name is Cheryl Reis. I am a resident of Punahele Street at 65 Punahele Street, representing Punahele Street residents, that immediately abut the property that Dr. Takase is wanting to develop. What. I want to do, Mr. Chairman and members of the Commission, is to simply reiterate the original concerns that we have as residents in that area on the development. In speaking with both Dr. Takase and Gerald Takase, owners of the property, you know, we've had discussions over the years and tried to decide what is Woing to be agreeable to every body as far as how it's developed, what's placed there. -3- 000062 *The concerns that we have as residents next to the development are, first of all, the flooding. As a result of the Haitsuka Brothers baseyard, which is now located directly behind our houses, and they're clearing of the land, we've had an inordinate amount of water. Of course we had very heavy rainfall this year. But an inordinate amount of water that is coming down through that area and collecting on our properties. And'I believe that Dr. Takase has plans to remedy this situation. We also are concerned about the fact that as residents, in a very tiny pocket, tiny community pocket, we are bounded by Komohana on the mauka side and during the regular morning traffic, the exhaust fumes, because the wind blows from mauka to makai, come down into our residential area. The other thing is that Punahele Street, at the present time, is a one-way street. And during that same period of time, the cars also stack up waiting to be directed and moved along by a police officer at the Komohana/Punahele intersection. We are surrounded by, and will be surrounded by, additionally, if Dr. Takase is able to put his parking lot to the rear of our properties, what we'll have is exhaust fumes coming from all three directions. And I don't see any respite for us there, unless there is proper planning done, as far as Dr. Takase is concerned. We're concerned about the ambinent air flow in that area and ventilation, which would permit the exhaust fumes to blow away, and thereby •mitigate the problem of exhaust fumes for us. We are also concerned that in initial discussions with Dr. Takase and with his son Gerald, we have also talked about what kinds. of facilities he intends to put there. And, to my knowledge there are two buildings, and they're supposed to be professional offices. And I'm given to understand that they are either doctors and/or lawyers offices. I don't think.that we would have a problem with that kind of development, if they keep that within their scope, because of the fact that we would be limited to daytime traffic only, as oppose to having a convenience store or any other kind of operation where we would have a lot of traffic going in and out of there, regardless of where the entrance or exit is. We're concerned about the security of our homes and the security of the facility. If whoever goes in there has an alarm system, what we're going to be subjected to as far as noise until an audible alarm, for instance, is turned off. Also the security of our property in that the parking lot right adjacent to our properties, may encourage people to park, to loiter, and whether that would be a concern to us because things have already been taken from the other side of the property. Dr. Kurohara's office, I believe, plantings along that way were stolen. We also know that Haitsuka Brothers have experienced thefts of gasoline and tools from their vehicles that have been parked in the back of their property. So we're about that attendant or resultant -security problems that ,concerned ay flow over to us. -4- 000063 •If Dr. Takase continues in the light of having a development that is centered primarily around professional offices, I. don't see that we .would have any problems with that development. But, I would say that if he were to develop it in any other way, we would be -opposed to the rezoning or the zoning change. Additional consideration is, that, I think that all of the residence would be more than happy to meet with Dr. Takase and try to discuss what is amendable both to him because we realize that this is quite an investment for him. But we leave ourselves open to discussion with Dr. Takase for this. And, you know, he's been very, very agreeable to this in the past. But I just want to go on record as saying that if it is kept in that light, with professional offices, we would not oppose the development. Thank you. MANALILI: .. Commissioners, do you have any questions? Commissioner Rice? RICE: Darren, I wanted to ask you, relative to that, if it's zoned neighborhood commercial the 10 years from now if Dr. Takase sold the building to someone else and they wanted to put some other use that was like a little store or something in there, that would be allowable, right, once it's zoned? ARAI: permitted within the marts, laundromats, RICE: mean, his purpose is whatever. Yes, once the zoning is received, any uses neighborhood commercial district - wiki wiki and alike, may be permitted. That's right. So there is no guarantee? I for medical building, but later on, it could be ARAI: That is correct. And maybe to add on to that, this is a change of zone, so you are not able to restrict uses through the zoning process. That, in essence, is like contract zoning, which we would not support. RICE: The other thing I wanted to ask you, it refers in our material to the other neighborhood commercial down the road, where there is another medical facility. On the plan for Hilo, is there a plan in that area as it develops into more residential area, to have specific areas that would be neighborhood commercial expansion for stores and laundromats, and all the different facilities that would be proper in that kind of an area? ARAI: The only plan available at this time is the Hilo Community Development Plan. And that plan, I believe, was adopted in '75 or something around there, so it's quite dated. It does, if I remember correctly, it designates this area for Multiple, let's see, I'm sorry, it suggests an open designation for the subject property. It also recommends seven acre neighborhood park as a plan unit development open space at -the base of Pu'uhalai by 1980 to •1985. For reference sake, Pu'uhalai is located right here, and I guess that part of the open space designation is already indicated -5- 000064 •here, at the base. So, there's no plan that would address the commercial development of this area. RICE: So, what worries me a little bit is not -this particular development as much as the beginning of some strip development along Komohana, which is a major thoroughfare, rather than looking at where the residential areas are developing and planning for such kinds of neighborhood commercial areas that would service those neighborhoods, rather than just plopping them here and there along Komohana. ARAI: Correct, I agree. In this particular area, again with the establishment of this medical facility here, we, saw this as a, change of zoning request, as a proper progression of commercial uses and services, at least for this specific area. But yes, there is a need, I agree, for a broader view, as far as various commercial centers to service the residential population. But we do feel that's a logical progression for this immediate area. RICE: Okay. MANALII: Mrs. Reis. REIS: Mrs. Reis. You know, one of the things that I think you also need to consider is the fact that we live here, along WPunahele Street. What is across Komohana Street is the golf ourse. So what you're looking at is a bunch of professional buildings here in a development that are daytime, half -a -day on Saturday traffic only. This thing will be probably only daytime use unless there's a clubhouse; and what you see here is really an entire residential area with the exception of the jail and the professional offices. So, basically, if it is kept in that manner with all this open space here, .with Dr. Takase's development and if he keeps it to professional buildings only, you know, I don't really see a problem there. Now, as far as what you earlier mentioned about your question about whether he sells it down the road, you know, I would hope that at some point in time that we would be given input as far as, maybe even changing the ordinance to allow the fact that there be a caveat that there be no other development there. Because, you know we've got the jail on one side and we've got this development here and if Dr. Takase is consistent in what he says, if that is the only kind that he does, and that is allowed there, then I don't really see a problem. Thank you. MANALII: Okay, thank you very much. Commissioner Wong? WONG: Thank you, Mr. Chairman. Dr. Takase appears to have done some major concessions, as far as deleting the entrance from Punahele. It would seem to me that he's trying to address all of the concerns at this point. In your remarks you indicated that 46any concerns, but then at the same time you stood here and said hat medical uses would be acceptible, so I'm not quite clear. What -6- 000065 ielse can you suggest as far as changes that could be done here to mitigate some of the concerns? REIS: Okay, Mr. Wong. Basically, what it is is, I received this this morning and I did not have any opportunity, and as I understand it, in talking to Dr. Takase, that they just got this entire thing just done very recently. But I think that maybe in preparation for this, if we had been able to receive this earlier and perhaps discuss these things with the doctor and his people that, you know, it might have been at least we could establish some line of communication, and you know, he could have explained to us what was going on. So this actually took me by surprise this morning, that there's this drastic change. But what I'm saying to you is that according to the second map, which is drawn here, the Parking lot abuts our property. Now, if he continues to put a strip for us, a buffer zone, so called buffer zone, between the parking areas and our properties, and continues to discuss with us, you know, what he's going to put there, I feel that's only fair. I mean, we realize_ we don't want to ham string him so that he can't develop his property, cause we know that he has money there. But, by the same token, I think that we should still continue to receive some kind of courtesy, so to speak, on what's being developed there. Because if he gets a Neighborhood Commercial, I mean, he could put a Wiki Wiki Mart there. So, I'm going on record as saying that we would oppose that kind of development.. But we are not in •opposition to the type of development if it stays professional. MANALII: Daryn. ARAI: Yeah, maybe to further elaborate on that, in attempting to address concerns regarding the noise generated by this development and its impact from these residential lots, in our recommendation we did recommend. a.50 -foot structural setback, but it's only a structural setback. And we also required recommending some sort of barrier, whether it's a wooden barrier or a landscaping barrier to mitigate noise and visual impacts. But, as shown on these preliminary plans, she mentioned exhaust concerns and alike, the. parking could, is shown going right up to the property line. The structural setback recommendation would not prohibit the parking. lot being placed right up to the boundary. REIS: Mr. Wong, may I add one more thing. Also, what we need to appreciate is the fact that all of the residences are actually below the level right now, below the ground level, the existing level of that property, which would mean that most of us have bedrooms on that back side. So that means that all of these fumes would come right through our house. And the reason I'm saying that is because I know from experience. right now, cause Haitsuka Brothers are parking all their equipment in the back there, all of our houses smell like a chemical plant because of all of the diesel residue that's on the vehicles. So we can smell this all day long. Oow, it would seem that this might be considered, maybe in the uture, an employee parking lot for the people who might be -7-- 000066 • employeed is those buildings. And if they're there, that means that if the car's parked the entire day, they would probably have to come in and warm the car up a little bit, while they're doing that, while they're waiting to go out. Now, if they're doing that and they reverse park, all that exhaust comes into us directly. So that's a consideration that I'm asking for, because of the fact that we are at a lower level than this existing level right now. And that's the concern that I have. And the attendant problems, we have people that are older people along that area. My house, my mother's older, my next door neighbor's also older, the people below me are retirees. WONG: Thank you, would you care to comment about, Dr. Takase's comment about the sidewalk being misalligned and Possibly creating some flooding problems. REIS: No, I think that would be presumptuous on my part. The only thing I can tell you is that when they cleared it, although they did dig a drywell on the otherside, what's happening is the water is just coming down; and I don't know if it's just because the rain is an inordinate amount or because of the fact that it has been now cleared. There are, of course, no drywells on our side, because of the fact that it was just used, supposed to be used to park vehicles.. My concern would be that once the golf course is developed, what will happen to those of us down below also, and what • impact it might have on the doctor's property, too? ARAI: Maybe I can add to that, too. I think she misunderstood the question. I think she's talking about drainage from this side flowing into this way. Your concern was regarding this? REIS: No, it flows from Komohana down. ARAI: From here it goes down this way? REIS: Yes. You see one of the problems is that before now, it was covered with banana trees, and cane and everything else. Now cane kind of aerates the ground, so it allows for drainage. But when you park vehicles and you compact the ground, or when you pave, what happens is you loose the drainage unless you create drainage -. So the water does come from Komohana side and it's coming down. The water this time rose four inches and overflowed onto my patio. MALE: Dr. Takase, maybe you could explain it. TAKASE: Yes. I think, you see this area was shrubbery, and grass and things, so the water kind of seeped in. When Haitsuka Brothers used this, they compacted the ground so water flows, �doesn't absorb. But the parking lot and all developments, when you ut a parking lot in you have to control the water. So her problem will be less with the parking lot there. Because we'll have to put -8- 000067 drywells and control all of the water that is generated on that property. So rather than make it worse, it's going to make it better. We addressed that planting area, too, that I think my son had some discussions with Cheryl about using things like instead of a solid hedge, using Italian cypress or something and off -setting it so that you have a visual barrier without a wind barrier. Whatever she wants, we'll put in. REIS: MANALILI: the procedure that and it goes on the That's on record. Thank you. The Chair would also like to clarify whatever happens today is only a recommendation County Council. Commissioners? Daryn. ARAI: Regarding your question about the sidewalk improvements. This is currently the property lines. The property frontage is only from this to this point here. Currently there's an. asphalt curb -and sidewalk which runs along Komohana Street fronting this entire area. Right in this vicinity, there is a culvert where water runs into. As part of rezoning for, I believe, this property here and portions of the other side of the cul-de-sac on Pu'uhonu Place, it's recommended that curb and gutter, sidewalk improvements be provided along this entire frontage all the way to Punahele Street. That was done. However, the applicant, in working with the Department of Public Works provided those sidewalks improvements only, not at the front, along the frontage of this property, but •roughly 20 feet into the right-of-way. So, it's basically in this alignment here. So now we are recommending commercial standard curb, gutter, sidewalk improvements only along the property frontage, which is only this limited area here. And that standard is provided only along the frontage being at the property line. So. I think what he mentioned was that the AC sidewalk will run this way, 20 feet into the right-of-way, then it would jog back here, run along the frontage, and then jog backout. So that's basically what it is. MANALILI: So Public Works doesn't see that as a problem? ARAI: I'll let Public Works respond to that. Glenn. MANALILI: Public Works respresentative, please. OKADA: Commissioners, I'm Glenn Okada with the Department of Public Works. Should the sidewalks be constructed, say back along here and we have an existing AC sidewalk here, as far as functioning, there would be a gap created here. There will be a maybe 20 feet gap. So people, I don't believe they will walk on this sidewalk. They'll probably walk along the AC and then onto the AC berm. There's also a ditch, existing ditch along the back of the AC berm. I think it can be worked out where we can transition a ditch onto the new paved surface.. 1 think it can be engineered, and (hen transition it back out again. But, it would have been, it ould make a lot more sense if the curb, gutter, sidewalk continues 000068 •from here, from where it ends right now, right on the boundary line and just continue it down here. Then it would function. We're not so sure this would actually function as a pedestrian walking surface. RICE: Mr. Chairman. MANALILI: Commissioner Rice. RICE: May I ask a question? I see, I think what the Planning staff is trying to do, and that's correct the problem where you've got an infringement of right-of-way into the road. Now in the future, how's that going to be handled if, in fact, you wanted to use that 20 feet of right-of-way and you've got all these sidewalks running along here? It seems as if the Planning staff is trying to incrementally, as these things come up, correct what is a mistake. So if we do not follow their recommendation for the curbs and gutters to commercial standard, then we're going to perpetuate this problem. Now, I don't know whether that's good or bad. I need your expertise to tell me. MANALILI: Okay, did you get that, Glenn? Or else you can also look at the revised recommendation on page 5F, which mentions commercial standard curb, gutter, sidewalk and related pavement improvements shall be provided along the subject property's entire Komohana Street frontage in a manner meeting with the approval of your Department of Public Works. That would satisfy it, wouldn't • it? Daryn? ARAI: I'll try to answer Commissioner Rice's question. We understand the situation and some of the inherent problems with having an AC that is currently 20 feet into the right-of-way, and we, seeking to do it along the frontage. Again, properly done, normally, curb, gutter, sidewalks are provided along the frontage and not that far into a right-of-way. Now, correct, it may provide some transition problems and, hopefully, as he mentioned, it could hopefully be engineered to work. But, in essence, we are looking to correct the problem. There are joggers who run around Komohana Street right now. So we want, in anticipation of eventually Komohana Street being further improved, there is a possibility that the existing AC within the 20 foot, within the right-of-way, will have to be torn up. It is a substandard sidewalk, hopefully, that's the proper term for it, I mean it's just AC. We're looking at your standard issue concrete curb, gutter and sidewalk improvement. So we see it as a first step in correcting a situation along this portion of Komohana Street. MANALILI: Very good, thank you. This is a public hearing. Is there anyone in the audience who would like to testify on this agenda item? Last call. Commissioners? Commissioner Crook. CROOK: Mr..Chai.rma.n, I move that this hearing be closed. OALONZO: I second, Mr. Chairman. . -10- 000069 • MANALILI: It has been moved by Commissioner Crook and seconded by Commissioner Alonzo that this public hearing be closed. Discussion? All those in favor say aye. COMMISSIONERS: Aye. MANALILI: Those oppose say no. Motion carried. Public hearing is closed. Commissioner Wong? WONG: Mr. Chairman, motion to send a favorable recommendation to the County Council for Change of Zone Application 94-12 for Alan Takase, M.D. and Gelocag Partnership, for the reasons and with the conditions as detailed by the Planning Director. ALONZO: Second, Mr. Chairman. MANALILI: It has been moved by Commissioner Wong and seconded by Commissioner Alonzo that Change of Zone Application 94-12, Alan Takase, M.D. and Gelocag Partnership be approved, forward a favorable recommendation to the County Council for the reasons and with the recommendations specified by the Planning Director. Roll call. WONG: • MANALILI: Mr. Chairman? Yes? WONG: Just one additional comment. Condition B provides for a 6 -foot high privacy wall and landscaping buffer and, hopefully, this should alleviate some of the concerns expressed today at today's hearing. CHAIRMAN: Thank you very much. Roll call. ARAI: Commissioner -Wong? WONG: Aye. ARAI: Commissioner Alonzo? ALONZO Aye. ARAI: Commissioner Martinson? MARTINSON: Aye. ARAI: Commissioner Crook? CROOK: Aye. •ARAI: Commissioner Katayama? -11- 000070 KATAYAMA: Aye. ARAI: Commissioner Balog? BALOG: Aye. ARAI: Commissioner Rice? RICE: Aye. ARAI: Commissioner Fiesta? Absent. Chairman Manalili? MANALILI: Aye. ARAI: Mr. Chairman, motion to forward a favorable recommendation carries with eight aye votes.. MANALILI: Thank you very much. You'll be notified of this action in writing. RICE: Mr. Chairman, may I just make a quick comment on this. MANALILI: Yes, Commissioner Rice? • RICE: I see a problem, not today, but I do see a problem down the road. And I'm making a suggestion that perhaps the community could get together and begin to look at working with the Planning Department to start to update the plan for that area so that these ad hoc situations do not develop in the future and you have a plan which everybody feels comfortable with, and the developer gets a.fair shake and the community gets a fair shake. MANALILI: Thank you very much, Commissioner Rice. The discussion ended at 10:38 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Planning Commission -12- 000071 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER ii REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 9 phen K. Yamashiro Mayor • C - 660160100u.: DEC - 5 1994 NSV OF Nq Br�rF'DF Nps*`` (IT Im %LPVU1Tk laf PoWunii PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252 (808) 961-8288 Fax (808) 961-9615 Allan Takase, M.D. 670 Ponahawai Street, Suite 200 Hilo, HI 96720 Dear Dr. Takase: �hange of Zone Application (REZ 94-12) kpplicant: Gelocag Partnership and Dr. Allan Taka.se 2equest: RS -7.5 and A -la to CN -10 "ax Map Key• 2-3-35.16 .elanning Commission at its duly held public hearing on lovember-17, 1994 reviewed and acted on your application for a change )f zone for the above described property. 'he Commission voted to recommend the approval of the application to he County Council, subject to the following conditions A. The applicant, its successors, or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall secure Final Plan Approval of the ._ ----- ___proposedcomm-erjc.i.a.l-de-v.el-opm.ent fr-om-the---R3-ann-i-ng -Drec-tor._._....._._...__..___..._. Plans to be submitted shall indicate a minimum 50 -foot structural setback from the subject property's Northwestern Property boundary. Plans shall also include a minimum .6 -foot high privacy wall or landscaping buffer along the subject property's common boundaries with adjoining single family residential properties along Punahele Street for the purpose of mitigating any potent.tal adverse noise and visual impacts. Should a landscaping buffer be.utilized for this purpose, it shall be provided to the extent that a continuous, unbroken, heavy planting screen, no less than 6 feet in height, is established prior to the issuance of a certificate of occupancy for any portion of the commercial development. 000072 I?.] I.ar) Takase, M.D. 2 C. Construction of the proposed commercial development shall he completed (Certificate of Occupancy) within five (_>) years from the effective date of this ordinance. L). Access to the subject property from Pu'uhonu Street shall meet with the approval of the Department Public Works. Access to the subject property from Punahele Street shall not be permitted. E. The widening and realignment of that portion of Komohana Street in the vicinity of its intersection with Pu'uhonu Place, the installation of a left -turn storage lane, and .all attendant signing, striping and street lighting improvements, shall be provided at or in the vicinity of ,the Komohana Street-Pu'uhonu Street intersection for the purpose.of improving sight distance from Pu'uhonu Place along Komohana Street. These roadway improvements shall he provided in a manner meeting with the approval. of the Department of Public Works, prior to the issuance of a Certificate of Occupancy for the establishment of any commercial use on the subject property. F. Commercial -standard curb, gutter, sidewalk and related • pavement improvements shall be provided along the subject property's entire Komohana Street frontage in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of occupancy for the establishment of any commercial use on.the subject property. G. On --site drainage improvements, if required, shall be installed in a manner meeting with the approval of the Department of. Public Works, prior to the issuance of a certificate of occupancy for the establishment of any commercial use on the subject-, property. _.— ------- _ .__� - C,u-----a-ny---u�n-rderit�-fj-ed__s.1-'tes-. or-_��`ema iiia ;---su-ch�-as---_._ ............. artifacts, shell, bone or charcoal. deposits, human burials, rook or coral. alignments, pavings or wall. be encountered, work in the affected area shall cease and the Planning Director immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. I:. Comply with all applicable .laws, rules, regulations and requirements of the affected agencies, including those of the Department of Health and the Fire Department. �. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein 000073 Ilan Takase, M.D. Ilan C:i e 3 shall be credited towards the requirements of the Unified Impact Fees Ordinance. E. An initial extension of time for the performance of conditions within the ordinance may be granted .by the Planning.Director upon the following circumstances: 1) the non-performance is the result of conditions that could nc:it: have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the general plan oi: zoning code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. `.Chis recommendation does not, however, sanction the specific plant;+ submitted with the applioation.as they may be subject to change gi.vOli spec.1fic code and regulatory requirements of the affected agencies. Should you have any questionsregarding the above, please feel free t'o contact. Rodney Nakano or Daryn Arai of the Planning Department at 961•-8288. Sincerely, Donald L. Manalili, Chairman Pl emning Commission PEN: Jdk !,'P a k N m 0 2. PC XCI honorable Stephen K. Yamashiro, Mayor Planning Director Department of Public Works Department of Water Supply •Department of Health Fire Department Department of Land and Natural Resources Plan Approval Section 000074 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 10 IR • ....... _.. JHTYfOF Nq�Y ;phen K. Yamashiro Mayor 1 ' �rE OF•H�`� Ujunk PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252 (808) 961.8288 Fax (808) 961-9615 'JAIN - 4 1995 Honorable Elroy T.L. Osorio, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Osorio and Members: Change of Zone Application (REZ 94-12) Applicant: Gelocag Partnership and Dr. Allan Takase Request: RS -7.5 and A -la to CN -10 Tax Man Key: 2-3-35:1 The Planning Commission, after a duly held public hearing on November 17, 1994, voted to recommend for your approval the proposed legislative bill to change the district classification r approximately 2..437 acres from Agricultural 1 acre (A -;-la) to a Neighborhood Commercial 10,000 square foot (CN -10)' zoned district (1.838 acres) andSingle Family Residential 7,500 (RS -7.5) to a Neighborhood Commercial 10,000 square foot (CN -10) zoned district (0.599 acres). The property is located on the northeast or Hamakua end of Pu'uhonu Place, Punahoa 1st and 2nd, South Hilo, Hawaii. The applicant is requesting the change of zone to allow the establishment of a commercial office building on the project site which would be generally oriented to the medical profession, although other non-medical commercial uses would also be considered. The Commission concurs with the following Planning Director's - reasons for recommending favorable consideration of the change' -of zone: The Land Use Pattern Allocation Guide (LUPAG) map component of the General Plan is a representation of the document's goals, policies, standards, and course of action. It is also a graphic depiction of the physical relationships among the various land uses. The LUPAG map establishes the basic land use pattern for areas within the County. The requested zone change conforms to the General Plan's Land Use Pattern ;• Allocation Guide (LUPAG) Map which designates the affected �.;•�: rpt: �.�_ 000075. Honorable Elroy T.L. Osorio, Chairman and Members of the County Council Wage 2 area for Medium Density Urban uses, which would include uses such as village and neighborhood commercial uses (3 -story commercial) and residential uses (35 units per acre) and related functions. An area located to the south of Pu'uhonu Place along the makai side of Komohana Street has already been rezoned to a Neighborhood Commercial designation and currently accommodates the Ka Waena Lapa'au medical complex, the Hawaii County Employees Credit Union, and the construction of other medical office complexes. Approval of the subject change of zone request would result in a logical progression of commercial uses along this portion of Komohana Street and its maturation into a comprehensive medical/commercial office development consistent with the Medium Density Urban designation along this portion of Komohana Street. In order to consider an area for any type of zoning designation, these applicable goals, policies and standards of the General Plan.must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The proposed change of zone to a Neighborhood Commercial -zoned district will conform to the following goals, policies and standards of the Land Use Element of the General Plan: o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. o Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. o The county shall encourage the maintenance of communities meeting the needs of its residents in • balance with the physical and social environment. 000076 Honorable Elroy T.L. Osorio, Chairman and Members of the County Council Wage 3 Approval of this request would also compliment the following goals and policies of the Commercial Element: o To provide for commercial developments that maximize convenience to users. o Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. o Commercial facilities shall be developed in areas adequately served by necessary services, such as water, Utilities, sewers, and transportation systems. o Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community, and regional needs. o The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be • incorporated into the review of such developments. Finally, -approval of the subject request would be consistent with a Course of Action for the South Hilo District that "Appropriately located commercial zoned lands shall be allocated as the need arises." As mentioned, the subject property is located adjacent to the northwest of lands currently zoned Neighborhood Commercial. As demonstrated by Ka Waena Lapa'au medical complex, the Hawaii County Employees Credit Union, and the more recent construction of additional commercial office complexes within this area, there is a demand for commercial -zoned lands within the City of Hilo. The location of the subject property along Komohana Street, which services the major residential areas of Waiakea and Kaumana, provides for a convenient location readily accessible to the general public, community facilities and employment centers while complementing the overall transportation and land use pattern within the affected area. Due to the improved nature of the subject property and surrounding areas, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the project site, nor has the project site been identified as a significant botanical or biological habitat. 000077 Honorable Elroy T.L. Osorio, Chairman and Members of the County Council !Page 4 The project site is located within an area adequately served with essential services and facilities such as water, transportation systems, and other utilities, provided that recommended improvements to these systems are made to accommodate the proposed development. Primary access to the subject area is provided by Komohana Street, a County -maintained roadway having a pavement width of 24 feet within an 80 -foot right-of-way. Access to the project site from Komohana Street .will be provided by Pu'uhonu Place, a County -maintained roadway having a pavement width of 32 feet within a 50 -foot right-of-way with curb, gutter and sidewalk improvements. The intersection of Komohana Street and Pu'uhonu Place is channelized with a left -turn pocket. The makai side of Komohana Street partially fronting the project site has.been improved with concrete curbs and an asphalt sidewalk from Pu'uhonu Place to Punahele Street. The Department of Public Works is recommending that the applicant channelize and provide sight -distance improvements to the Komohana Street-Pu'uhonu Place intersection. The applicant proposes to realign Komohana Street to allow for improved sight distance from • Pu'uhonu Place. The Planning Director recommends that channelization and sight -distance improvements of the affected -intersection be made by the applicant.' These intersection improvements will improve traffic flow to and from this commercial area, eliminating the need to restrict f turning movements within this intersection without such improvements. The Department of Public Works also recommends the reconstruction of Pu'uhonu Place into a "T" -turnaround with a separate road lot to Punahele Street servicing the proposed commercial development. In response to traffic concerns along Punahele Street and the adverse impacts to adjoining residents should such an access road be provided, the Planning Director and the applicant have agreed to delete a secondary access road to Punahele Street. This will alleviate any traffic impacts to Punahele Street, which is a narrow residential roadway not capable of supporting commercial traffic. The elimination of this secondary access roadway will also spare the residents along Punahele Street from the impacts such added traffic would generate. The reconstruction of Pu'uhonu Place into a "T" -turnaround is no longer needed with the elimination of the Punahele Street access. The Planning Director also recommends that curb, gutter and sidewalk improvements. be provided along the subject • property's entire Komohana Street frontage. These improvements to Komohana Street are consistent with 000078 Honorable Elroy T.L. Osorio, Chairman and Members of the County Council Wage 5 improvements required as a condition of approval of other similar commercial rezoning requests. With a large residential concentration to the north along Komohana and Punahele Streets and Waianuenue Avenue, these roadway improvements would facilitate pedestrian traffic along Komohana Street to the comprehensive medical services which will be and are being provided at the subject property and its adjoining parcels. Such improvements will also accommodate joggers, bicyclists and other users who are frequently seen along this section of Komohana Street. Wastewater will be disposed of in a manner meeting with the approval of the Department of Health. The County is presently undertaking the expansion and improvement of sewer lines within the vicinity of the subject property. A sewer line will be installed along Punahele Street fronting the proposed access point in about a year or so. The Planning Director recommends that the applicant be required to hook-up to the County's sewer system prior to the establishment of any commercial use on the subject property. The Fire Department recommends that fire protection • measures, namely fire hydrants, be provided when required by the Fire Chief. The need for fire protection measures will be assessed during the subdivision and/or building permit processes. A specific condition of approval to impose such a requirement is therefore not necessary. With the existing infrastructure and its improvements as specified above, approval of this request would be consistent with the goals, policies and.standards of the General Plan relating to the provision of adequate facilities and services to support a change of zone in balance with -the physical environment. Lands adjacent to the southeast of the subject property are currently zoned Neighborhood Commercial and should not be adversely affected by the proposed development. Similarly, with Halai Hill to the northeast and Komohana Street to the southwest, the subject property is somewhat isolated from other types of uses in the general vicinity which may be - adversely affected by the proposed use, with the exception of five (5) residential lots located along Punahele Street, which are located adjacent to the northwest of the subject property. The proposed commercial building will be required to -maintain a setback of at least 50 feet from these residential lots. The parking area, however, will be situated within this 50 -foot structural setback area. As recommended by the Department of Public Works, a 6 -foot high privacy wall or other form of sound barrier will be required along all of the common boundaries between the subject 000079 Honorable Elroy T.L. Osorio, Chairman and Members of the County Council *age 6 property and the adjoining residential lots, including along the project's access point on Punahele. Such a wall or landscaping feature will also mitigate any adverse visual impacts to these parcels. With the imposition of the recommended mitigating measures as discussed above, the Planning Director concludes that approval of the change of zone would similarly fit into the -locale with minimal intrusion while providing the desired services. The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for the proposed use. For your favorable consideration, an amendment to Section 25-114, the City of Hilo Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Donald L. Manalili, Chairman Planning Commission RKN:jdk LTakas03.PC Enclosures xc: Honorable Stephen K. Yamashiro, Mayor Planning Director Allan Takase M.D. Department of Public Works Department of Water Supply Department of Health Fire Department Department of Land and Natural Resources Plan Approval Section • 000080 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 11 C/OUNTYR OF HAWS E .. STATE 0 F HAWAITT BILL NO. 21 (Draft 2) ORDINANCE NO. 95 33 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS -7.5) AND AGRICULTURAL (A -1a) TO NEIGHI30RHOoD COMMERCIAL (CN -10) AT PUNAHOA 1ST A_ND 2ND, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-35:16. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code) of. the Hawaii County Code, is amended to change the district classification of properties described hereinafter as follows: • The district classification of the following area situated at Punahoa 2nd, South Hilo, Hawaii, shall be Neighborhood Commercial (CN -10): PARCEL 1: Beginning at the southwest corner of this parcel of land and on the northeasterly side of Komohana Street, the coordinates of said point of beginning referred to Government Survey ' Triangulation Station "H LAI" being 103:.21 feet North and 088.32 feet West and running by azimuths measured clockwise from True South: 1. 140' 401 70.00 feet along Komohana Street; 2. 232' 491 374.30 feet along Lots 3, 4, 5, 6 and 7 of the subdivisign of R.P. on Confirmation 1946, Number 1 to D.B. Lyman, L.C. Aw. 387, Part 4, Section 1 to American Board of Commissioners for Foreign Missions; 3. 3.220 491 E0.00 feet along the remainder of R.P. on confirmation 1946, Number 1 to D.B. Lyman, L.C. 000081 ,• A -w- s87, Part 4, Section 1 to American Board of Commissioners for Foreign Missions; 4. 520 491 2711 371.67 feet along the remainder of R.P. on Confirmation 1946, Number 1 to D.B. Lyman, L.C. Aw. 387, Part 4, Section l'to American Board of Commissioners for Foreign Missions to the point of beginning and containing an Area of 26,100 Square Feet or 0.599 Acre. (Refer to Parcel 1 as shown on Exhibit The district classification of the following area situated at Punahoa 1st and 2nd, South Hilo, Hawaii, shall be Neighborhood Commercial (CN -10): PARCEL 2: Beginning at the northwest corner of this parcel of land and on the northeasterly side of Komohana Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 103.21 feet North and 688.32 feet West and running by azimuths measured clockwise from True South: 1. 2320 491 27" 371.67 feet along the remainder of - R.P. on Confirmation 1946, Number 1 to D.B. Lyman, L.C. Aw. 387, Part 4, Section l'to American,! -Board of Commissioners for Foreign TR. ___ 2. 3220 49' 106.16 feet along'the remainder of R.P. on Confirmation 1946, Number 1 to D.B. Lyman, L.C. Aw. 387, Part 4, Section 1 to American Board of Commissioners for Foreign Missions; 3• 328° 13.1 295.21 feet along the remainder of 1 R.P. on Confirmation 1946, 000082 ® A 387, Part 4, Section 1 to American Board of Commissioners for Foreign Missions; 4. 520 49' 27" 371.67 feet along the remainder of R.P. on Confirmation 1946, Number 1 to D.B. Lyman, L.C. Aw. 387, Part 4, Section 1 to American Board of Commissioners for Foreign Missions to the point of beginning and containing an Area of 26,100 Square Feet or 0.599 Acre. (Refer to Parcel 1 as shown on Exhibit The district classification of the following area situated at Punahoa 1st and 2nd, South Hilo, Hawaii, shall be Neighborhood Commercial (CN -10): PARCEL 2: Beginning at the northwest corner of this parcel of land and on the northeasterly side of Komohana Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 103.21 feet North and 688.32 feet West and running by azimuths measured clockwise from True South: 1. 2320 49' 27" 371.67 feet along the remainder of R.P. on Confirmation 1946, Number 1 to D.B. Lyman, L.C. Aw. 387, Part 4, Section 1' to American -Board of Commissioners for Foreign ---- ..___._._-m-i s -s i -ons ;----------_.................._ ---- 2. 322' 49 106.16 feet along'the remainder of R.P. on Confirmation 1946, Number 1 to D.B. Lyman, L.C. Aw. 387, Part 4, Section 1 to American Board of Commissioners for Foreign Missions; 3. 3280 13' 295.21 feet along the remainder of f R.P. on Confirmation 1946, 000083 Number l to D. B. Lyman, L. C. -Aw. 387, Part 4, Section 1 �o American Board of Commissioners for Foreign Missions; 4. 58° 02' 10" 69.26 feet along Lot 9 of Komohana 79 Subdivision; 5. Thence along Road A of Komohana 79 Subdivision, along a curve to the left having a radius of 45.00 feet, the chord azimuth and distance being: 1020 55' 35" 63.76 feet; G. 147' 49' 192.65 feet along Lot 10 of Komohana 79 Subdivision; 7. 570 49' 246.89 feet along Lots 10 and 11 of Komohana 79 Subdivision; 8. Thence along Komohana Street, along a curve to the left having a radius of 2040.00 feet, the chord azimuth -and distance being: 1400 53' 48" 16.38 feet; 9. 1400 40' 115.16 feet along Komohana Street to the point of beginning and containing an Area of 80,037 Square Feet or 1.838 Acres. (Refer to Parcel 2 as shown on Exhibit All as shown on the map attached hereto, marked --------------__Exhibit!'A.!!�.n.d by--r--efe-r-enc-e--ma-de._a pa-rt—her-eof... SECTION 2. These changes in district classification are conditioned upon the following: A. The applicant, its successors, or assigns shall be responsible for complying with all of the stated conditions of approval. 000084 Ps. The applicant .shall secure Final Plan Approval of the proposed commercial development from the Planning Director. Plans to be submitted shall indicate a minimum 50 -foot structural setback from the subject.property's northwestern property boundary. Plans shall also include a minimum 6 -foot high privacy wall or landscaping buffer along the subject property's common boundaries with adjoining single family residential properties along Punaheie Street for the purpose of mitigating any Potential adverse noise 'and visual impacts. Should a landscaping buffer be utilized for this purpose, it shall be provided to the extent that a continuous, unbroken, heavy planting screen, no less than 6 feet in height, is established prior to the issuance of a certificate of oc9upancy for any portion of the commercial development. C- Construction of the proposed commercial development shall be completed (Certificate of Occupancy) within five 5 years from the effective date of this ordinance. ( ) D. Access to the subject property from Pu'uhonu Street shall meet with the approval of the Department of Public Works.. Access to the subject property from Punahele Street shall not be permitted. E- The widenin g and reali_gnmentof _that po-r-tion of--Komoharia_..._...._..._..____._.....__._....__.......__.........__. ------------ Street in the vicinity of its intersection of Pu' uhonu Place, the installation of a left -turn storage lane, and all attendant signing, striping and street lighting improvements, shall be provided at or in the vicinity of the Komohana Street-Pu'uhonu Street intersection for the Purpose of improving sight distance from Pu'uhonu Place along Komohana Street. These roadway improvements s be provide hail .-d in a manner mo`�;� � , - - L11.1g with the approval of the 0 000085 I 0Department of Public Works, prior to the is of a Certificate of Occupancy for the establishment of any commercial use on the subject property. F. Commercial -standard curb, gutter, sidewalk and related pavement improvements shall be provided along the subject propertyls entire Komohana Street frontage in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy for the establishment of any commercial use on the subject property. In lieu of ing S_t�dard .i�. h: aunt -Pr. �, r3a aal k anr7 ra q: W5 IMP�M*rzwzlzTi ymvqff� G. On-site drainage improvements, if required, shall be installed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy for the establishment of any commercial use on the subject property. H. Should any uniden'tifid�i t.es..—o-r---rema-ins; -such as- -- artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Director immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. -5- 000086 I . Comply with all applicable ? aws, rules, regulations and requirements of the affected agencies, including those of the Department of Health and the Fire Department. J. Should the Council adopt a Unified Impact'Fees Ordinance setting forth -criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. K- A -n initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1._. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the general plan or zoning code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. lice Dime extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional Year). 5. If the applicant should require an additional extension of time, the Plann.i.T)g ni rect " Siia.L_L 5UI)I11it i M 000087 the applicant's request; to the County Council for appropriate action. Should any of the conditioris not be met or substantiall complied with in a timely fashion, the Director shall y initiate rezoning.of the are a to its original or more appropriate designation. SECTION 3. In the event that an declared invalid, such invalidit s portion of the ordinance is Y a ll not affect the other Parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTR D B lilo,COUNCIL MEM R, COUNTY OF Hawaii HAWAII Date of Introduction: February 15, Date of Ist Reading: Februa-r 15, 1995 1995 Date of 2nd Reading: Mares 1, 5, Effective Date: March 7, 1995 APPRO b AS TO FORM AND LEGALITY: RATION COUNSEL DATED_ • _70 000088 �,F Ms; -7-5 oF.cN (o) rzs-7-S oPETJ CEJ 4-r RS -7.5 A� "HAC.AI�� �i -rRUC NORTH � SCALA: CN -lo 00 CN -lo t-� %1�-7•S ` 9 o° �0 (D D ` �ArlIL FR 15;1 i-4 L-(rR,a-7-5 To N " RHOor::) n0mrA=RClAL. (CN -10) O t¢s-7•S � O T"ARC�L 2 AGt�1cU L -TUBAL ('c"a3) TO Nf:-7l0H 3C>rl -{oop C0MME=-RCIF�\L (CN-1C�� _... - ARBA = I-838 AC�e=S <� PVIE DMENT TO THE ZONi�G CODE IVIICF1DING' f@T1Ct_E 31 �t-t�1�Tt=1� a5 (ZC)NINCf r C®De) o�= THE �t�gll ��v►y--�-y c_ -®DEI THt_ DIsTRIC ; FAi�11L�' UE 51 T (CI�l-t®) AT >Vi@GF�A1��L�f�L 00 -�-�� IG ��-•�-- ��-�,r�+��-�,,..,.,...__. � i= FST �' ! mac*, .s , a� HAWAi� 0 o0 "o• Cj'IOIY,�L � � RS -7.5 A� "HAC.AI�� �i -rRUC NORTH � SCALA: CN -lo 00 CN -lo t-� %1�-7•S ` 9 o° �0 (D D ` �ArlIL FR 15;1 i-4 L-(rR,a-7-5 To N " RHOor::) n0mrA=RClAL. (CN -10) O t¢s-7•S � O T"ARC�L 2 AGt�1cU L -TUBAL ('c"a3) TO Nf:-7l0H 3C>rl -{oop C0MME=-RCIF�\L (CN-1C�� _... - ARBA = I-838 AC�e=S <� PVIE DMENT TO THE ZONi�G CODE IVIICF1DING' f@T1Ct_E 31 �t-t�1�Tt=1� a5 (ZC)NINCf r C®De) o�= THE �t�gll ��v►y--�-y c_ -®DEI THt_ DIsTRIC ; FAi�11L�' UE 51 T (CI�l-t®) AT >Vi@GF�A1��L�f�L 00 -�-�� IG ��-•�-- ��-�,r�+��-�,,..,.,...__. � i= FST �' ! mac*, .s , 0 FRI CE O F E C0 W NrZ CLEEh-, o County of Hawaii Hilo Hawaii (DRAFT 2) Introduced By: Keola Childs Date Introduced: February 15, 1995 First Reading: -Ieb'-L-,a'Y 15, 1995 Published: N/A REMARKS: -cond Reading: March 1, 1995 Mayor: March 2, 1995 =turned: March 7, 1995 X March 7, 1995 O'd March 15, 1995 X Rath :MARKS: Ray X Arakaki Bo:,k-Abramson Childs De Lima Domingo Osorio Rath Ray Smith ROLL CALL VOTE AYES' ', NOES X X. X X X X X X x' 9 0 ABS I '-LX I 10 HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as 'icated above- I w I roved/ Dc Altivalv FOR a ` U MITI CORPORATION COUNSEL COUNTY OF HAWAII Dote W 711993 _-- I9AL 0 UN1 Y OF HAW I �— COUNTY CLERK Bill No.: 21 (Draft 2 ) Reference: C-140/PC-19 ^QP,ct Alm • � 000090 ROLL CALL VOTE AYES NOES ABS F( Arakaki X Bonk -Abramson X Childs X De Lima X Domingo X Osorio X Rath X Ray X Smith X 8 0 1 0 10 HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as 'icated above- I w I roved/ Dc Altivalv FOR a ` U MITI CORPORATION COUNSEL COUNTY OF HAWAII Dote W 711993 _-- I9AL 0 UN1 Y OF HAW I �— COUNTY CLERK Bill No.: 21 (Draft 2 ) Reference: C-140/PC-19 ^QP,ct Alm • � 000090 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 12 !z U ALLAN S. TAKASE, M.D., F.A.C.O.G. OBSTETRICS & GYNECOLOGY 670 PONAHAWAI STREET • SUITE 200 HILO, HAWAII 96720 PHONE: (808) 961-2861 January 12, 1995 Mr. Edmund Haitsuka Haitsuka Brothers P.O. Box 30625 Honolulu, HI 96820 Dear Mr. Haitsuka: Re: Complaints by Neighbors on Punahele St. This letter is to inform you that we are receiving continuing complaints from our neighbors that live along Punahele Street adjacent to our property. I have discussed these with Mr. Frank Bill and he has assured me of his attention to these complaints. 1. Dust problems - We realize with the lack of rain in the last few weeks that dust has now become a concern for the neighboring houses. I understand that you do have a tanker truck in there to try and relieve the problem. The problem is the tanker truck is kicking up the most dust. It has been suggested that if the tanker uses its front and rear spigots, the amount of dust generated by it may be tolerable. 2. Noise - The residents have complained that the workers continue to start and allow their running vehicle to idle in the driveway area between the houses for long periods of up to 20 minutes, allowing the fumes to carry into the adjacent homes. These noxious fumes are having serious negative impacts on these neighbors. 3. Runoff - The runoff water going into the neighbors yard is carrying oil or petroleum based products into their yards. The situation situation is -- ----"- --into1 eaddressed and prevented. I realize that you and your company and its employees are not from this Island, but we will be here long after your project is finished, and must live with our neighbors. I believe that their concerns are valid and they should be remedied by your Company. We would like to avoid any further problems with your Company or the neighbors and ask for your attention to the problems raised above. Thank you for your cooperation. Yours truly, Allan S. Takase, M.D. AST: j t cc: Ms. Cheryl Reis 000091 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL 1�p EXHIBIT 13 { ALLAN S. TAKASE, M.D., FA.C.O.G. OBSTETRICS & GYNECOLOGY 670 PONAHAWAI STREET e SUITE 200 HILO, HAWAII 96720 PHONE: (808) 961-2_861 May 17, 1995 1.4r. Edmund Haitsuka Haitsuka Brothers P.O. Box 30625 Honolulu, Hawaii 96820 RE: Ainako Sewerline Installation Baseyard Problems Dear Mr. Haitsuka: First of all, let me thank you for your past cooperation in trying to resolve problems that have arisen on our property that you`"are using for your baseyard operations. However, with the passage of time, attitudes may have become relaxed and I feel it necessary to once again to ask for your assistance. The neighbors have brought it to our attention that certain things are taking • place at the site that we should be aware and that they would like you to be aware of. l: Gravel and fill are being located in close proximity to the houses. While this in itself may not be a big problem, when the equipment comes to move it, the diesel fumes generated are noxious and violate the privacy of these homes. We would like your assistance in loca- ting these materials and all items which may infringe upon the privacy (what little they may have left) as far away from the pri- vate residences as possible. This= would also resolve dust problems. 2. Vehicles are parked at an angle which causes the diesel to condence and leak down the slope to the houses. This problem should be avoided and may also be for your benefit when clean up of the site is required. 3. It have been brought to our attention that people have been using the access between the Reis and Gushiken properties for access and may also be using your sheds and equipment for shelter. Would it be.possible to block your end with equipmt.nt at night/weekends and we will do the same on our Fend. The neighbors have informed me tha+t your supervisor Frank had been cooperating for awhile, but his attitudfre has become increasingly negative and unsympathetic over the last few weeks. I understand the workers are LJ 000092 M Page 2 • trying to -be cooperative and accomadating, yet are rebuffed by Frank when its not what he wants. We would like to avoid any problems with the neighbors as I am sure you do also. The. neighbors must live there and anything that can be done to ease the burden of the construction all around them will be greatly appreciated by them and us. Little irritations can grow if not checked and develop into problems that we may all regret and can't resolve. Therefore, could you please speak to your supervisor and ask him to be more cooperative and understanding. The neighbors are willing to meet and are willing to cooperate, even though they don't to. Thank you for your assistance on this matter and lets hope that these problems can be resolved amicably. Sincerely, Allan S. Takase, M.D.— cc: Ms. Cheryl Reis 000093 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL a� EXHIBIT 14 May , 1995 Dr: Allan Takase, M.D. 287 Kanoelani Street Hilo, HI 96720 Dear Dr. Takase : This letter is what I consider to be the "last resort" after having tried, without success, to resolve the problems myself re: the Haitsuka Brothers baseyard adjacent to our homes on Punahele Street. It appears that when the complaints are fresh in Frank Bill's (Haitsuk_a's project supervisor), some mitigating action is taken and then conditions deteriorate after about two weeks. You have always been responsive in the past when these concerns have been raised and I'm hoping that we can achieve the same result now. The same problems with dust, noise, diesel fumes and the .general lack of communication with the contractor's representatives - primarily Roy Surface (formerly) and, presently, Mr. Frank Bill have continued. The corrective actions employed to mitigate those problems were: 1. the daily "wetdowns" for the dust; 2. moving equipment to parking areas to the rear and away from our residences and storage of items that required daily movement by heavy machinery also to areas away from the immediate vicinity of our homes to eliminate some of the noise and diesel fumes; 3. assurances by the contractor, Milton Haitsuka, that Frank Bill could be approached and apprised of any ongoing problems that needed correction and apprise us of anything that would directly affect our situations. During the past ten months, we four families have "endured" the continuation of the above conditions which are subject to Frank's decision, without notice to us, to change operations. On May 3, 1995, at approximately,8:00am, my mother informed me that one of the equipment operators was moving pvc.piping from the rear of our residences and placing it directly 000094 Page 2 fronting our living room windows on your property. When I asked Tracey Veincent what was happening, he informed me that Frank had told him to move the all the pipes to that location. We had not received any prior notice of movement up to that point. I then asked him to wait until I had spoken with Frank and he ceased the move. I couldn't locate Frank at that time and asked Tracey to have Frank contact me following a 9:15 am appointment I had that day. While at my appointment, I received a phone call from my mother who indicated that Frank was now at our home saying that he couldn't wait any longer for me since the delay was costing $25 per hour. Frank then got on the phone and said that I could choose between having the pipes stacked there with no guarantee on the height or having rock fill piled there with the resulting dust but he had to do either. I chose the pipes and he agreed not to stack them more that 5 to 6 feet high. The conversation was then ended. At approximately 9:45 am, while returning to my residence, I met Hank, their mechanic and asked if he would have Frank contact me. Frank passed my residence a total of five times while I was either out front or in my back patio area and never acknowledged or approached me. I later confirmed that Hank had informed him and that his reply was that we had already spoken. On the sixth trip in, I walked up to the repair area and approached Frank. When I asked why we hadn't been informed of the new move, he replied sarcastically that he didn't have to tell me every move they made. He continued that this was a baseyard and I had to expect that they would do what was necessary to complete their tasks.' I questioned him about the agreement to communicate things that would be of concern to us, he snorted and said that the move was minor and couldn't see why I was making a big thing of it. More discussion ensued and in sheer frustration, I gave up. Frank did say that they would be dumping fill way in the back, gesturing toward Komohana Street. It should be noted that no work was started for at least an hour and a half after I returned home in spite of Frank's haste to "save" $25 an hour. n 000095 • Page 3 Later that afternoon, Henry Ralar dumped a load of fill directly to the rear of my residence and frankly, in view of the encounter with Frank, my level of frustration and disgust reached an all time high. I attempted to reach Peter Bouchet of Public Works for two days of "telephone tag" without success. I then reached Mr. Jiro Sumada, Deputy County Engineer on May 10, 1995. We met and discussed the noise and fume problems. Since the conversation transpired at my residence during the lunch hour, he wasn't able to experience the conditions discussed. He was extremely empathetic and suggested that I write a letter including the problems as well as possible solutions - hence this letter to you. On May 12, 1995, Mr. Sumada was kind enough to return to my residence to check out the situation of his own initiative. It should be noted that the contractors working on the HMSA building started their operations at 5:4*5 am that same morning and continued into the night till around.8:30 pm accompanied by periodic yelling and howling. While I realize that you have your reasons for allowing your property to be utilized as the baseyard, I believe that some hard emphasis and perhaps sanctions should be directed at Frank to ensure that.he at least complies with our agreements. On May 16, 1995 I spoke with Mr. Harold Ferreira of M & E Consultants.I learned that the rock fill that Frank was depositing toward Komohana Street is being stored here for their use as the project continues down Haili Street. What was supposed to be piled away from the homes has now been dumped, flattened and now is extending to the rear of our residences. Essentially, the ultimatum of either pipes or rock fill to the front of my home has now resulted in a wall of pipe in front and dust to the rear of three families' homes. U A u Page 4 Later the same day, I discussed the same issues with Mr. Milton Crivello thanks to your concern. I perceive the issues here to be: 1. I do not appreciate the subtle duress used on my 81 year old mother by Frank in an effort to have me agree to some activity he wants to accomplish whether it affects the residents or not. My mother is leaving for Honolulu today to escape the noise, dust and fumes. The other day she exhibited signs of a possible recurrence of "shingles" from the existing conditions. Napping in the afternoons is impossible for her due to the noise. 2. I do not appreciate being issued ultimatums that exacerbate rather than relieve our already unpleasant living conditions. Neither do I appreciate having Frank place his subordinates between himself and the neighbors since he bears the ultimate resposibility for his own decisions and the Haitsuka employees should not have to bear either blame or confrontations for this. As a business entity, I don't believe Haitsuka.Brothers need the ill will generated by Frank that negates the positive efforts of the other employees. SOLUTION: If Frank refuses to deal with the neighbors, have the Contractor designate a person who is responsive, can communicate effectively and keeps their word. 3. The storage of equipment, machinery and rock fill have created a "war zone" atmosphere for us that exists seven days a week whether construction activity is present or not. The dust still permeates our residences although the consistent efforts of Henry Ralar have reduced the quantity substantially for the past several months. When the fill or pipes are shifted or moved, diesel fumes continue to hang heavy at times. Unfortunately, other ongoing construction projects at the jail and HMSA buildings also add.to the general noise. The dust problems on the outside and inside of my home, as well as those of the 000097 Page 5 Gushikens, Campainha/Yamaguchi and Enomotos is frustrating. Two households have allergies and/or asthma conditions further aggravated by the resulting dust that the dumped fill brings along with the diesel of constant traffic. Three of the households have persons working shifts where daytime, sleep is a sometime necessity. SOLUTION: At the start of the project, I suggested that the area far to the rear of homes be used for storage/parking. This area remains vacant and could be used instead of immediately adjacent to our homes. The rock_ fill is being trucked from a Kaiwiki quarry. According to Milton Crivello, the agreement specified that the area was not to be used for a quarrying type operation. The fill should be brought directly to the site to be used there instead of stockpiling it and creating twice as much dust and noise problems to bring it in and then to remove it. ® Also, barring any emergency situations, large movements could be planned in advance and warning given to us so that we might be able to adjust our schedules within reason and accordingly. 4. I have informed Frank on several occasions about the amount of vehicular traffic after hours and on weekends and suggested that the entrance on Punahele be blocked off for the company's security as well as our own. Visitors and persons on "supervised release regularly use the Punahele Street side for parking. Since some of these persons are burglars, thieves, etc., it would seem logical that they not have free access to this area. Additionally, other contractors and/or vendors who service the property should also be advised to consider the impact of their presence on both dust and noise problems. The temporary road is not structured for speeds exceeding 30 mph which is a regular occurrence. No signs are posted warning against pedestrian traffic in the area which also creates a hazards and possibly liability. Given the anticipated future development on your properties, I certainly hope that we will be able to minimize or eliminate a repetition of our existing situation. - 000098 Page 6 I would like to suggest a short meeting to.settle the matter with you, Milton Haitsuka, Frank Bill, Jiro Sumada, Peter Bouchet, representatives of M & E Consultants and myself at the earliest, convenient date. Mr. Sumada has indicated that he qould be willing to coordinate this meeting. I look forward to hearing from you. My home phone is 935- 4656. Thank you for your time and consideration. Si jrely, Ch R. s cc: Jiro Sumada, County of Hawaii - Public Works Ed Harada, M & E Consultants Milton Haitsuka, Haitsuka Brothers • 000099 THIS PAGE IS INTENTIONALLY • LEFT BLANK • M&E Pacific Inc. Suite 500, Pauahi Tower Honolulu, Hi 96813 (808) 521-3051 MINUTES OF MEETING No. 11 June 2, 1995 0930HRS. ject : Ainako Interceptor Sewer Parts A & B Job: S-3050 Pagi': I ation: 154 Punahele St.(F.O.) Subject: Monthly Progress ideetcl e Attendee Representing Initials Name Name GT Gerald Takase Baseyard owner, Dr. Allan Takase, MD PB Peter Boucher County of Hawaii, DPW Wastewater Mgt JS Jiro Sumada Department of Public Works AT Allan Tsuhako Haitsuka Brothers Limited FB Frank Bill Haitsuka Brothers Limited 1i1H Milton H. Haitsuka Haitsuka Brothers Limited EH Ed Harada M&E Pacific Inc. HF Harold Ferreira M&E Pacific Inc. JO Jerry O'Connell M&E Pacific Inc. WW William Wanner M&E Pacific Inc. CRR Cheryl R. Reis Home Owners along Sewer Line Route m Status Opened Due BIC Clot:, p 02JUN95 TIC RELATIONS MEETING: - s meeting was requested and chaired by Hilo County Public Works Depa:tmeriL'. the purpose of: 1.) Airing the most recent complaints against Haitsuka -thers conduct of the project as it affects the local community residents rmn .ir properties, and' 2.) Arriving at a resolution to this problem. o Sumada opened the meeting and immediately turned it over to Ms. Cheryl Pois allow her to address the most recent complaints which relate to several idents arrising out of her residence being in close proximity to Hait iii,W:-, eyard. Reis reiterated her list of complaints by reciting from her recent :L'I �r: to County, elaborating upon several of the most egregious incidents. o Sumada noted that this complaint has more to do with the uncooperative itude of Haitsuka's Project Superintendent Frank Bill than with the onvenience of construction, which most residents would endure without Dlaint, if the Contractor weremore cooperative. Sumada pointed -out that this is not an isolated incident; but is just thc:, est in a long list of resident complaints essentially arrising from the itude and demeanor of Mr. Frank Bill the Project Superintendent. The Coi.inty 000101 M&E Pacific Inc. Suite 500, Pauahi Tower Honolulu, HI 96813 (808) 52.1-3051 MINUTES of Mi ,rING No. 11 0 June 2, 1995 0930HRS. Dject Ainako Interceptor Sewer Parts A & B Job: S-3050 Page: 2 ration: 154 Punahele St.(F.O.) Subject: Monthly Progress Meetg _ =m Status Opened --_ Due BIC.__.-_____-__. Closed____._._...___ D1 on file many letters of complaint by local residents and several letters Firld nos by the M&E Pacific Construction Management Team concerning Mr. Bill -Is zduct and attitude. In addition, this subject is covered in virtually every Dject monthly meeting since the beginning of the project. . Sumada informed Milton Haitsuka that in view of the above, the County has cen the decision to request the removal of Mr. Bill from the project under ::tion 8, Subsection 8.7, Paragraph (a) of the General Requirements and aenants of the Department of Public Works, County of Hawaii. lton Haitsuka requested a re -consideration of this decision. He advised that would be unable to immediately replace Mr. Bill as he had no one available to place him. He requested that Mr. Bill be given another chance. He said he instruct Mr. Bill to be more cooperative with all residents and especially s. Reis in the -future. . Sumada advised Milton Haitsuka that the decision on Mr. Bill is firm and not oject- to further discussion. However he may remain on the project until. June when the County will expect Haitsuka to have his replacement ready to take =_r. To this end a follow up meeting was set for the 16th of June. Ida i.t.suka Dthers should have Mr. Bill's replacement at that: meeting ready to ar'sumc -itrol of the project. public relations meeting adjourned. )0 02JUN95 1THLY PROGREES MEETING: )l OPN 03AUG94 IEDULE REVIEW: npleted Vs. Scheduled May 31, 1995 �eduled Completion: ...................... 58.59% IIIIIIIIIN Pacific Inc. Suite 500, Pauahi Tower Honolulu, HI 96813 (808) 521-3051 • MINUTES of MEETING No. 11 June 2, 1995 0930HRS. ?roject : Ainako Interceptor Sewer Parts A & B Job: S-3050 Page: 3 ,ocation: 154 Punahele St.(F.O.) Subject: Monthly. Progress Meetg [tem Status Opened Due BIC Closed L001 OPN 03AUG94 actual Completion: ......................... 57.23% :ontractor behind schedule: ................. 1.36% :ontractor improved on his schedule this month by a gain of 1.24% over last ionth . .002 --- TORK COMPLETED THIS PERIOD: An6AK0 AVENUE: :ontractor completed the de -mobilization from SMH-45 on lower Ainako and moved Lis spread up to SMH-52 on upper Ainako. :ontractor installed sewer main, manholes and laterals from SMH-52 up to SMH-59 :his month. .003 TORK FORECAST FOR NEXT PERIOD: 003.1: AIANKO AVENUE: ontractor will continue the installation of the sewer main, manholes and aterals from SMH-59 up to SMH-62 in the first two weeks of June. ince school is out in early June, he will then re -mobilize back to SMH-45 and nstall the 660 LF +/- of sewer main, laterals and manholes SMH-46 and SMH-47 etween SMH-45 & SMH-48 while school is out. He will then return to upper Ainak o complete the line to it's terminus at SMH-66. 162 FIC MARKING AND STRIPING: 000103 M&E Pacific Inc. Suite 500, Pauahi Tower Honolulu, HI 96813 (808) 521-3051 0 MINUTES of MEETING No. 11 June 2, 1995- 0930HRS. Project : Ainako Interceptor Sewer Parts A & B Job: S-3050 Page: 4 Location: 154 Punahele St.(F.O.) Subject: Monthly Progress Meetg Item Status opened Due BIC Closed 1003.2 3aitsukaIs Sub -Contractor for traffic marking and striping completed the traffic painting of Punahele Street, Komohana Street and Kaumana Street this month. Placing. of traffic markers still in progress. 1003.3 KANHOLE COVERS & VALVE BOXES: contractor has completed the raising of all manhole covers and valve boxes for the areas completed to date with the exception of two manholes on sewer line "D' tear Lele Street. 1000 OPN 30JUN95 HAITSUKA 1WITY CONTROL: PESTING: kir testing of sewer lines and water testing of the sewer manholes is now -omplete on Ainako to SMH-58. 6ANDREL: landrel is now pulled through SMH-53 on Ainako avenue, 1008 NEW ?UNCHLIST REVIEW: ) Punchlist items remain open as of May 31st. Of these 5 are from months )revious to May. LO Punchlist items were opened in May, of these 5 were closed during the month. Punchlist items from previous months were closed in May. )I7CUSSION:. 11NI1111L1 ___ M&E Pacific Inc. Suite 500, Pauahi Tower Honolulu, HI 96813 (808) 521-3051 MINUTES of MEETING No. 11 June 2, 1995 0930HRS. 3roject : Ainako Interceptor Sewer Parts A & B Job: S-3050 Page: 5 .ocation: 154 Punahele St.(F.O.) Subject: Monthly Progress Meetg _tem Status Opened Due BIC Close 3 016 iAILI STREET: SEWER LINE "A"; COORDINATION / PREPARATION: 3016. 1 )rior to'today ':s meeting a letter was sent to the Contractor stressing the need .or planning well ahead of -the actual start of construction for the Haili Street vection of the sewer line where live tie-ins of existing sewer laterals must be ;oordinated with the installation of the sewer main. 1016.2 :Contractor reported that he has made a preliminary visual survey of the ting sewer system that is to be abandoned after the new sewer is installed. [e did not take any elevations and he was only able to establish that the 18" >ipe extension from SMH-3 is Vitrified Clay Pipe. 'he Contractor was requested to make a thorough survey of the existing system t( letermine the elevations of as many manhole inverts as he can reach so that he :an check the contract drawings for accuracy and make any drawing changes that iay be required. 'he Contractor was also cautioned to be sure that he knows his method of !onnection before he excavates to the end of the 18" VCP extension. He must be )repared for both a "Bell End" PVC to VCP adapter and a "Spigot End" PVC to VCP .dapter. 016.3 'he Contractor advised that he will detour traffic one block at a time to try t .old the restrictions of access to a minimum. Signage will also play a large ,art in traffic control and directional detours for some of the high traffic usinesses in the area will also be used. is 000105 M&E Pacific Inc. Suite 500, Pauahi Tower Honolulu, HI 96813 (808) 521-3051 MINUTES of MEETING No. 11 June 2, 1995 0930HRS. Project Ainako Interceptor Sewer Parts A & B Job: S-3050 Page: 6 Location: 154 Punahele St.(F.O.) Subject: Monthly Progress Meetg Item Status Opened Due BIC Close 8017 OPN 07J-UN95 MECMHNL COMMUNITY MEEETING: 8017.1 A community meeting;-simil-ar to the meetings held at the DeSilva school, will b held to -include the local community homeowners and business owners and operator to -brief -them on -the -impending construction, advise them on the traffic control measures the Contractor has planned and to solicit their imput and concerns relating to these measures. Prior to the meeting the Contractor should insure that each resident, business -caner or business operator is notified in writing of the Date, Time and Place o meeting with a brief outline of what will be discussed. The letter will be fted by M&E Pacific, and will be fleshed out by the Contractor with the following information: Forecast block by block schedule, traffic control plan for each block, (Dates to be approximate) Contractor's proposed storage and equipment parking areas, and as much information on the Contractor's day to da operations as can be reasonably projected. 8017.2 The following schedule of events was agreed: * June 15, 1995: Letter drafted by M&E under the County letterhead to residents homeowners and businesses in the construction area or affected by the construction to inform them of the meeting date, time and purpose. * July 15, 1995: Informational meeting. (Time and place are yet to be determined.) Note: Milton haitsuka informed M&E that assuming that Frank Bill remains on the project, he will be taking leave from June 29, to July 8th. 8018 MISCELLANEOUS 0 CLO ITEMS: 000106 " - - M&E Pacific Inc. --- Suite 500, Pauahi Tower Honolulu, H1 96813 (808) 521-3051 • MINUTES of MEETING No. 11 June 2, 1995 0930HRS. Project Ainako Interceptor Sewer Parts A & B Job: S-3050 Page: 7 Location: 154 Punahele St.(F.O.) Subject: Monthly Progress Meetg Item Status Opened Due BIC clos 8018 CLO Traffic striping of Kaumana Street at, and south of Punahele Street intersection, will be done' -by the County when they install the traffic light planned for that area. Contractor was requested to restore the shoulders along Ainako Avenue as quickl as possible after the installation of the sewer. The Contractor advised that h is restoring on a temporary basis presently, he will fully restore the shoulder after the avenue is paved following completion of the sewer system installation 0. 8018.3 Harold Ferreira noted that all of the Ameron Manholes have been now installed. He asked the Contractor to notify Amerom that the damaged manholes are now reac for field repair as soon as poibible. Contractor will notify Ameron. 9000 ADJOURNMENT: The meeting adjourned at 11:25 AM. The next meeting is scheduled for June 27, 1995 at 9:30 AM. Punahele Street Field Office • 000107 M&E Pacific Inc. Suite 500, Pauahi Tower Honolulu, HI 96813 (808) 521-3051 MINUTES of MEETING No. 11 June 2, 1995 0930HRS. ?roject Ainako Interceptor Sewer Parts A & B Job: 5-3050 Page: 8 J 154 Pun ahele St.(F.O.) Subject: Monthly Progress Meetg [tem Status Opened Due BIC Closed )000 0 Prepared by: &.E Paciffic Inc. Wed:' By: Jerry OIC Q� Dated: ( I 000108 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL as EXHIBIT 15 lt; June 19, 19-95 Mr. Edmond Haitsuka President Haitsuka Brothers, Inc. P.O. Box 30625 Honolulu, HL.aaai.i 96820 Dear Sir: On June 2, 1995, I , along with representatives of the County of Hawaii, M & E Consultants and your firm - Milton Haitsuka, Frank Bill and Allan Tsukasa met in hopes of resolving,in part, some of the problems we are encountering with the cperation of your basevard adjacent to our homes on Puna.hele Street. I am certain that Milton apprised you of th.e meeting's content. One of the main issues discussed that usually follows receipt of a either noise, dust and fumes and det..er,ioration of this corrective During the meeting Milton assured equipment around our homes would problems of noise and dust contro be consistent and sustained. was the flurry of activity complaint from us about the subsequent activity as time passes. us that the pipes and be moved to minimize 1 and that the action would During the following week, activity that appeared to prepare an area .o relocate: this equipment was done. We endured the f fill 11- trucked in and the constant use of the grader for that period. The pipes and equipment are still in plate. —'r9-9-5- t--81:5 am . �3 o b— Bz own --and--- G ?--en-w-e-re- -re a i -r n the water -tanker" to the rear of our home. The repairs necessitated the gunning of the engine several times resulting 'in thick, black smoke issuing with .each gunning. This lasted approximately 20 minutes. At 840am Glen started the small blade machine and pushed a small pile of rubbish toward a strip of bushes about 60 feet to the _rear of our home. He then parked the machine, engine still running, about 30 feet from my .living room window and started.a large grader. He then started grading an area about 75 feet to the rear of our home. During this time; Frank passed the small blade with engine running on his way to deposit' rubbish from his truck on the small nil -p- -0001D9 Page 2 He again passed it on his way out. This is the person who concurred with me about the dust and noise problems and that Milton must have instructed to resolve the problems following our meeting. This is 6 days a=-tFr that meeting. At 903am after stopping to talk with Brown at the repair area, the small blade machine is finall7 moved and parked. At 906am Glen relocates 9 loads of rur:~,ish (some of which is household garbage), from an area aL the base of Halai rill .to the small pile of rubbish. From the size of the resulting pile, I'm sure that it was sufficient to fill the small dumper usually used to dump rubbish. This dumper sat parked near the repair area, idle. The rubbish pile continues to grow and we will now have to endure the dumper parked, engine running, while someone loads the possibly 9 Plus loads into it to go to the dtuap. This now results in twice the labor and twice the resulting annoyance to us. At 920am the small blade -machine is now parked to the rear. of the Gushiken's home located makai of mine. Again, engine running, Glen leaves it and goes to grade the area in the rear. This continues off and on until I left home around 1145am. I return at 230pm, and, within 10 minutes Glen started the vibrating compactor creating a tremendous noise and vibration that shook our home until he was done at 313pm. He then reversed the machine to its parking place at the rear of my home reverse beeping all the way down. My mother told me that the clay betore was even worse. On June 18, 1995, Brown and Glen were repairing Brown's service vehicle. When completed, Brown tried the vehicle by first reversing past our house then went forward at a fairly fast rate of speed_ Since no watering is done when you don't work, dust flurries again floated toward our houses. From June 9 to this date, no further action has been taken to complete or follow through wit_rl the promised movement and clearing out. It is now 17 days since that meeting. 000110 01 rl Page 3 Francis, Peter, Henry, Hank and Trac --If are Your employees eTho consistently consider us in their operations. Henry remains the only person who waters down the area to the rear of my yard for dust mitigation. Hank locates the machinery to be repaired' away from our home. They with Tr_cy, F -ter and Francis do not speed into the road from Pu:—iahele . T'.t-i.r continuing consideration of our plight is especially appreciated and cannot be emphasized:., enough.. How is it that they can be considerate and still accomplish their assigned tasks. The renovation of my home is just 2 years old and yet the outside paint is covered with dust and grit as if we had done it 6 -or more years ago. The Gushi.ken`s home was painted around the same time and the gray paint is now frosted with brown. Their windows, as are our.=, the Yamauchis and Fnomotos, are continuously covered with dirt and grit. The pipes and equipment still surround my home on two sides. The white pvc pipes produce extweme glare into ry living room windows in sunlight on a daily basis. They also prevent the water tanker from wetting down the area next to my home for dust mitigation. "California grass" has grown up along my boundary and, hampered by the stacks of pipes and equipment, I can't even get that cleared. I live in a HOME with. my ' family and do not appreciate being surrounded by mounds of rubbish, stacks of pipes and assorted pieces of machinery. I consider these eyesores. My mother no longer opens any of the windows on the third story of our house because she fears the dust will continue to damage the contents of her apartment. Since summer is here, this cuts her cross ventilation considerably and at age 81, I think she is entitled to some degree of comfort and enjoyment. We constantly clean grit from the dust off our floors and contents of our homes. For those shift workers among us, there is no sleep or nap time during the day because of your noise. 000111 P Page 4 We have, in short, modified our lives to conform with your operation for the last 11 months, a sacrifice my family is no longer willing to do. Further, as spokesperson for the aforement_oned families, I am requesting clean-up, repair replacement fcr dust damage done by your company to the exterior and furnishings and/or contents of our homes. This is not the first time that anv of these problt�ms have been brought to the attention of your representatives. I hope you realize that by the amount of documentation I've cited, that 11 months of the same problems -and the amount of stress, sheer disgust and frustration are not acceptable or tolerable. I have gone through what I consider a "chain of command process" in trying to resolve the pr."Olem with minimal results and resumption of every negative condition o we've asked your company to mitigate. I have no wish to either thwart or frustrate your business purpo-se but expect the same consideration from y.:_ .0 and your representatives. ® We have been reasonable too long and have no intention of having any of us endure these deplorable and inhumane conditions for another day. 'As president of your company I expect you to solve these concerns to which I have previously offered viable solutions, immediately , once and for all, or I will have to consider other legal action. I look forward to your reply by June 26, 1995. Sincerely, Cheryl R. Reis cc: Dr. Allan Takase uiro Sumada, Deputy Engineer, County of Hawaii Ed Harada, M & E Consultants .George Gushiken Thomas Yamauchi Mrs. Enomoto 000112 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 16 " ephen K. Yamashiro Mayor • CERTIFIED LETTER P 364 320 475 January 8, 1996 Allan Takase, M.D. 670 Ponahawai Street Suite 200 Hilo, HI 96720 Dear Dr. Takase: 4oJN`Y OF ��,L�`4 r,Tf•0! H1•V jf (11unfV of pnfunlff PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-9615 • Ordinance No. 95 33 (REZ 781) . Applicant: Gelocag Partnership and Allan Takase, M.D. Tax _Map Key: 2-3-35:16 Virginia Goldstein. Director Norman Olesen Deputy Director This letter is to formally inform you that we have received complaints regarding dirt hauling and dump trucks activities on the subject property and traversing Tax Map Key 2-3-35:17 to access onto Punahele Street. The complaints include the noise from idling trucks, the apparent lack of proper dust and diesel fuel control measures being implemented by the Loeffler Construction company and the adverse impacts being generated to the adjacent property owners. We have been informed that fugitive dust has adversely affected their dwellings and that a-c....._f1 ua:c� _has..- hee,�-flowi-nc�--into - thei.r....y.a7..a.s._........_._�n............ . addition, a representative from the Department of Health conducted•a site inspection with regards to the concerns of the• diesel fluid within the adjacent properties. A site inspection was subsequently conducted by staff on December 12, 1995. The inspection confirms the storage of fuel tanks, boom lifter and two trailers and a dump.truck parked on the subject property.. In addition, we noticed dark or black coloring on the ground near the fuel tanks and observed a dump truck and later a water tank truck entering and exiting over parcel 17 and onto the subject property from Punahele Street. Further, dirt and gravel from the trucks were left on Punahele Otreet. 000113 Allan Takase, M. D. Page 2 January 5, 1996' Based on the site inspection, we applicants are not in compliance Ordinance No. 95 33. Condition following: have determined that both with Condition D and I of D and I states, respectively, the "Access to the subject property from Pu'uhonu Street shall meet with the approval of the Department of Public Works. Access to the subject property from Pun?hele Street shall not be permitted." "Comply with all applicable laws, rules, regulations and requirements of the affected agencies, including those of the Department of Health and the Fire Department." We hereby inform you that immediate corrective actions be taken to minimize fugitive dust and diesel fluid generated by the contractor's activities. In addition, access onto Punahele • Street shall immediately cease and rerouted through Pu'uhonu Place. Further, you are hereby notified that you have thirty (30) calendar days, upon receipt of this letter, to submit to this office a timetable and detailed remedial action(s) which will be taken by the applicants to ensure that its best efforts are being taken to prevent similar occurrences from happening in the future. .Failure to comply with this requirement would leave us no alternative but to take other action for compliance. Should you have any questions, please feel free to contact Alice Kawaha or Francis Saiki of this office at 961-8288. Sincerel ...... --- ..._...... _._..__....._...------.. - _.._....:._....... ------.__...._.:......._._....._.._........__..._...._.. ----.._............._. ................. ........ .... VIRG IA GO TEIN Planning Di ctor AK: mjs LTakas01.AGK xc: Planning Commission County Council Corporation Counsel Ms. Cheryl Reis Mr. Francis Saiki, Zoning Inspector 000114 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 17 17 DEPARTMENT OF PUBLIC WORKS COUNTY OF HA«VAII HILO, HAWAII • MEMORANDUM Date: June 14, 1996 TO: Planning Department �7 n C_ r� FROM: ;•!'Galen M. Kuba, Division Chief C) Engineering Division' SUBJECT: SUBDIVISION: 96-055 Subdivider: TAKASE, Allan S. Trust, et al. -r Location: Punahoa 2nd, South Hilo, Hawaii �_ Cn TMK: 2-3-035:016 Ref. Folder No. 23183-A We have reviewed the subject's preliminary plat and have the following comments: 1. §23-30. Identify all watercourses and drainage ways by azimuths/distances and encumber with drainage easements. • 2. §23-85. The subdivision is in an area where sewer system is required. Questions regarding sewer requirements shall be referred to the Wastewater Division. 3_ §23-79. Submit construction plans and drainage report for review and comment. a. §23-92. Additional storm runoff due to development shall be disposed within the subdivision and shall not be discharged onto adjacent properties or roadways. For planned drywells, satisfy DOH drywell requirements, including issuance of an underground injection control (UIC) permit to the subdivider. _..._._ . __...._._ . __ ......_.............. b. 923-93. Install streetlights/signs/pavement markings as required by the Traffic Division. 4. The agreement to repair the damaged A.C. pavement at the cul-de-sac turnaround of Pu'uhonu Place has not been satisfied between Mr. Takase and the DPW. 5. The applicant has not satisfied Conditions D, E, F and G of Ordinance No. 95-33. Consult with the DPW for the condition of conformance. 6. Construct commercial standard improvements within Easement "B" and Roadway Lot 12-C, meeting with the DPW standards. • 7. Numerous complaints are present on the subject property. The DPW has a stop work order presently imposed (see attached letter dated June 7, 1996) 000115 Memo to Planning Department Page 2 June 14, 1996 8. The roadway connection from Roadway Lot 12-C to the proposed Easement "B" is not acceptable. Provide proper transition meeting with AASHTO standards. 9. Easement "B" shall properly terminate within Lot 12-A with a commercial standard turnaround. No vehicular access will be permitted from this development onto Punahele Street. lo. The DPW recommends deferral from granting tentative approval until all the above concerns have been satisfied. Questions may be referred to Casey Yanagihara at 961-8327. KG Attachment 96-055.P 000116 • THIS PAGE IS INTENTIONALLY LEFT BLANK 000117 Stephen K. Yamashiro Mayor • October 9, 1996 CERTIFIED MAIL JµY't'or h�h- ter' r� .'. • r•` ire or•Hr,•e+ \UZUxtty of Pufunii DEPARTMENT OF PUBLIC WORKS 25 Aupuni Scree[, Room 202 • Hilo, Hawaii 96720.4252 (808) 961-8321 • Fax (808) 969-7138 WILLIAM C LOEFFLER CONSTRUCTION INC 640 MILANI STREET HILO HI 96720 HAITSUKA BROTHERS LTD P 0 BOX 30625 HONOLULU HI 96820 DR ALLEN TAKASE 670 PONAHAWAI STREET SUITE 200 HILO HI 96720 SUBJECT: RESTORATION OF PUUHONU CUL-DE-SAC .__... Locati.on:__P.unahoa,..S.outh_Hit.o,..Hawai-i-----._...- TMK: 3/2-3-35:16 Donna Fay K. Kiyosaki Chief Engineer Jiro A. Sumada Depucy Chief Engineer To resolve the problems with the cul-de-sac at Puuhonu Place, we propose the following agreement. Instead of our previous requirement that Haitsuka Brothers, Ltd. and William C. Loeffler Construction, Inc. split all costs 50-50, we propose that all parties to the action share in the cost of redoing the cul-de-sac. The parties to this agreement are Haitsuka, Loeffler, MCAT, and the County of Hawaii, who will each contribute 25% to the restoration work. Haitsuka and/or Loeffler may submit a bid to have their respective company do the work. The County is giving two options for this restoration: 0 - Cut and remove the distressed areas and reconstruct with four inches of base course and two inches of asphalt concrete. The approximate area is 1500 sq_ ft.; or, 000118 1 . Puuhonu Ltr. October 9, 1996 Page 2 of 2 2. Resurface the cul-de-sac with one and one-half inches of asphalt concrete on an approved geotextile material, over the entire cul-de-sac area. The approximate area is 2900 sq. ft. If the bids are acceptable to the DPW, then we will award the job. Since the job may not be done immediately, all parties will make a cash retainer instead of performance. We feel that this settlement is fair and just. Should there be any questions concerning this matter, please feel free to contact me at 961-8321. (: :Jiro A Sumada ty Chief Engineer CONCUR: William C. Loeffler Construction, Inc. Haitsuka Brothers, Ltd. MCAT / Dr. Allen Takase GT/CKY cc : Corporation Counsel ENG -CON WWD 000119 • THIS PAGE IS 0 INTENTIONALLY LEFT BLANK 000120 Stephen K. Yamashiro Mayor • January 29, 1997 CERTIFIED MAIL JNSI OF yrf•0 F'µi•� &r1X1tfV ofaft aii DEPARTMENT OF PUBLIC WORKS 25 Aupuni Street, Room 202 • Hilo, Hawaii 96720-4252 (808) 961-8321 < Fax (808) 969.7138 WILLIAM C LOEFFLER CONSTRUCTION INC 640 PIILANI STREET HILO HI 96720 HAITSUKA BROTHERS LTD P O BOX 30625 HONOLULU HI 96820 SUBJECT: RESTORATION OF PUUHONU CUL-DE-SAC Location: Punahoa, South Hilo, Hawaii TMK: 3 / 2-3-35: 16 Ronna Fay K. Kiyosaki Chief Engineer Jiro A. Sumada Depury Chief Engineer F It has been five months since we transmitted our proposal to resolve the problem with the cul-de-sac at Puuhonu Place, with the attached agreement. We feel that this settlement is fair and just, and are very concerned why we are not receiving the cooperation from the respective parties. Be informed that if we do not receive this signed agreement within thirty -days from the above posted date, we will follow through with the reconstruction of the subject area and bill your companies. Following this billing, if no one pays it within thirty -days, we will turn this matter over to our Prosecuting Attorney's office. We strongly suggest that you take this matter seriously. Should there be any questions concerning this matter, please feel free to contact me at 961-8321 QJA SUMADA Deputy Chief Engineer CKY attachment copy : Dr. Allen Takase ENG -CON Corporation Counsel WWD 000121 Prosecuting Attorney • (VUtti: )mplete items 1 and/or 2 for additional services. VLM 1/29/97 1 also wish to receive the )mplete items 3, 4a, and 4b. following services (for an int your name and address on the reverse of this form so that we can return this extra fee)' rd to you. tach this form to the front of the mailpiece, or on the back if space •rmit. rite'Return Receipt Requested` on the mailpiece below the article ie Return Receipt will show to whom the article was delivered an livered. to: IILLIAM C LOEFFLER -- - CONSTRUCTION INC 40 PIILANI STREET ILO HI 96720 ieceived By: (Print =orm 3811, December 1 d ai does not 1. ❑ Addressee's Address ,mplete items 1 and/or 2 for additional services. number. 2. ❑ Restricted Delivery U) the date +., extra fee): Consult postmaster for fee. ° 4a. Article Number m Z 423 768 973 C it rmit. ite'Return Receipt Requested' on the mailplece below the article number. 4b. Service Type N ❑ Registered X] Certified X ❑ Express Mail ❑ Insured F ❑ Return Receipt for Merchandise ❑ COD a 7. Date of;Delivery ° Z- 2 n 0 8. Addressee's Address (Only if requesie"'d 768 9ij and fee is paid) s 4b. Service, Type b rn Rece 4 '0 BOX 30625 IONOLULU HI 96820 By: ig . tture: (Addressb& or Ager =orm 3811, December 1994 C7-Registered"""�—""��- "�-- ---- -Certiffieffl—Im ir Express Mail ❑ Insured S N ❑ Return Rec i f for Merchandise ❑ COD 7. Date of DelfvgM 0 0 8. Addressee's Address (Only if requested c and fee is paid) t— mestic 'r- LIP -3 7 6 8 979 on - -.:a: `HAITSUKA BROTHERS LTD OX 30625 ' HO'NOL`UE' -H-I 96820 -: c.j 000122 NDER: f,'iLM 1/29/97 ,mplete items 1 and/or 2 for additional services. I also wish to receive the ,mplete items 3, 4a, and 4b. following services (for an nt your name and address on the reverse of this form so that we can return this extra fee): rd to you. ach this form to the front of the mailpiece, or on the back if space does not 1. El Addressee's Address it rmit. ite'Return Receipt Requested' on the mailplece below the article number. 2. ❑ Restricted Delivery N e Return Receipt will show to whom the article was delivered and the date ivered. Consult postmaster for fee. a trticle Addressed to: 4a. Article Number m Z 423 768 9ij IAITSUKA BROTHERS LTG 4b. Service, Type '0 BOX 30625 IONOLULU HI 96820 By: ig . tture: (Addressb& or Ager =orm 3811, December 1994 C7-Registered"""�—""��- "�-- ---- -Certiffieffl—Im ir Express Mail ❑ Insured S N ❑ Return Rec i f for Merchandise ❑ COD 7. Date of DelfvgM 0 0 8. Addressee's Address (Only if requested c and fee is paid) t— mestic 'r- LIP -3 7 6 8 979 on - -.:a: `HAITSUKA BROTHERS LTD OX 30625 ' HO'NOL`UE' -H-I 96820 -: c.j 000122 • THIS PAGE IS INTENTIONALLY LEFT BLANK 000123 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO HAWAII DATE: February 19, 1997 TO Jiro A. Sumada Deputy Chief Engineer VIA Galen M. Kuba, Division Chief Engineering Division FROM Casey K. Yanagihara _ < // SUBJECT: RESTORATION OF PUUHONU CUL-DE-SAC Location: Punahoa, South Hilo, Hawaii • TMK: 3 / 2-3-35:16 We are getting ready to proceed with the reconstruction of the damaged cul-de-sac area at Puuhonu Place. As instructed by you, we will offer William C. Loeffler Construction, Inc. to reconstruct the damaged area and bill the County, Haitsuka Brothers, Ltd., and Dr. Allan Takase. Loeffler's estimate is $6,235.00, which the four parties involved will equally share in the cost ($1,558.75). Haitsuka"s portion will be paid by the retainage on their sewer line project. Dr. Takase has agreed to pay the expense from his own funds. However, we were wondering from ..__...___._.. where_.the._-C.ounty'_s._share can_be_.budg.eted?.Please_.inform_us_.oithe.fending_locatio.n...._.....__......___.._........._.__..__.___._...._...__... Should there be any questions concerning this request, please contact Casey Yanagihara at Ext. 8327. CKY copy: ADM (H. Yamashita) 000124 REQUEST FOR PROPOSALS • Mail -Outs 1. Big Island Paving Co., Inc. 2. C & H Ishii General Contractor, Inc. 3. H. Harada Contractor, Inc. 4. James Ishii General Contractor 5. William L. Loeffler Construction, Inc. 6. Jas W. Glover, Ltd. 7. Willocks Construction Corporation 8. Yamada & Sons, Inc. 9. Isemoto Contracting Co., Ltd. 10. M. Sonomura Contracting Co., Inc. • 000125 • THIS PAGE IS INTENTIONALLY LEFT BLANK llisillIM1.11 I Stephen K. Yamashiro Mayor 16 %baulttv of plabaniff DEPARTMENT OF PUBLIC WORKS 25 Aupuni Street, Room 202 . Hilo, Hawaii 96720-4252 (808) 961.8321 . Fax (808) 969-7138 March 4, 1997 Brian J. De Lima, Esq. Crudele, De Lima & Shiroma 10 Shipman Street Hilo, Hawaii 96720 Dear Mr. De Lima: Donna Fay K. Kiyosaki Chief Engineer Jiro A. Sumada Deputy Chief Engineer Re: Restoration of Puuhonu Cul -De -Sac I received your letter of February 10, 1997, with regard to the above -entitled matter and your representation of William C. Loeffler Construction, Inc. In speaking with our engineers, it has been determined that all parties have now agreed to the proposed settlement which would be that all four parties, your client Loeffler Construction, Inc., Haitsuka Brothers, Dr. Takase, and the County, will share in the restoration of Puuhonu Place. The bid submitted by your client of $6,235.00 is also the low bid, which we will use, assuming your client is willing to do the work. With regard to the questions you asked, the damage had already been done during the time that your client Loeffler Construction and Haitsuka Brothers were using the cul-de-sac for ingress and egress to TMK: (3)2-3-35-016. Since that time, there has been no further appreciable damage, and it appears all settling in the roadway has taken place. However, since further construction will take place in the area, Dr. Takase has agreed to pay portions of the cost for any further construction and the County has agreed to share in liability due to the fact that there are some questions as to whether the roadway should have been accepted in the first place. iTherefore we have split the original cost which would have been shared by Loeffler Construction and Haitsuka Brothers 000127 Brian J. De Lima, Esq. Page 2 March 4, 1997 themselves, into four ways, which we feel should be more equitable and palatable to your client. Based on his estimate of $6,235.00, the cost to your client will be $1,558.75. We will prepare the proper construction plans and notify your client when construction should take place or he may tell us when they will be available. Should you have any further questions, please feel free to contact me. JS 3838i • Sincerely, RO A. SUMADA Deputy Chief Engineer 000128 • THIS PAGE IS 0 INTENTIONALLY LEFT BLANK • 000129 DEPARTMENT OF PUBLIC WORKS ® COUNTY OF HAWAII HILO HAWAII DATE: February 3, 1997 TO Bruce Hansen Concept Construction, Inc. FROM Casey K. Yanagiharq� Engineering Division SUBJECT: PUNAHELE MEDICAL BUILDING BUILDING PERMIT Location: Punahoa, South Hilo, Hawaii TMK: 3 / 2-3-35: 16 Bruce! Please see if we can get the following issues resolved before ENG signs -off on these plans. Planning Department should complete their plan review. > Resolve all concerns for Subdivision No. 96-55 (DPW Folder No. 23183-B); reference Sub. No. 96-11, Folder No. 23183-A and COZ No. 95-33. %.>f Need asbuilt construction drawings for the Puuhonu/Komohana intersection widening improvements. Help resolve the Puuhonu cul-de-sac pavement reconstruction Agreements. Provide better details and cross sections for the grading along Komohana Street and the proposed sidewalk. Two feet offset per Chapter 10 may apply. The sidewalk, if permitted, requires a Conditional Permit. > Resolve drywell encroachment of the property line near the entrance. We issued CT, adino Per it No: 04365 for this property. What happened to the rock wall building/grading permit? Call me if there are any questions concerning this matter (961-8327). 000130 vner 'DR. ALLAN TAKASE County of Hawaii DEPARTMENT OF PUBLIC WORKS GRADING PERMIT 1.2/09/96 Date of Application A Eng./Land Surv'. A&E INTERNATIONAL Address 670 PONOHAWAI ST. #200 HILO, HI. 96720 Address 75-166 KALANI ST., #201 KAILUA-KONA, HI 96740 ;ense No. 6379-C )ntractorCONCEPT CONSTRUCTION,• INC.Address 235 WAIANUENUE AVE. ;ense No. BC 16835 HTr HT 96720 cation PU'UHONU LOOPTax Map Key 2-3-35:16 %3 Area (ac) 1. 2 ACRES timated Starting Date 12 /*!--7 Estimated Completion Date 03„(15 / 9 7 ,vorking days minimum after Issuance date) Phone 961-2881 Phone 329-8266 Phone 935=0279 Cut(cy) `" 0 0 0 Fill(cy) Fee ' <� �I L APPLICANT SHALL OBTAIN THE FOLLOWING INSTRUCTIONS TO APPLICANT D IN NUMERICAL ORDER ;T OF REGISTERED HISTORIC PLACES AVAILABLE AT TATE OF HAWAII, DLNR, HISTORIC PRESERVATION. lavll Au NORK MUST BE PERFORMED ACCORDING TO THE _ONDITIONS STATED ON THIS PERMIT AND AS SHOWN ( - Planning Department Date DN THE APPROVED PLANS AND SPECIFICATIONS AS MAY 3E SUBJECT TO COMPLIANCE WITH CHAPTER 10 OF THE HAWAII COUNTY -CODE. Listed on the Hawaii or National Register of Historic Places. SSUED PERMIT BECOMES NULL AND VOID IF O Yes )(No WTHORIZED WORK DOES NOT COMMENCE WITHIN If yes, secure approval from State Historic Preservation. JINETY (90) DAYS ORIS NOT COMPLETED WITHIN ONE(1) 'EAR OF THE ISSUANCE DATE OF THIS PERMIT._ 2 0 ---....__.__.._...-----------------__:._--- ._..._.._........ _........ __..._._---_... ....... _.- - --------- -. -----Stale DI -NIR. -Historic Preservation ..............._Date........._...._.._.._. _ .. 3 iz iz .�G for DPW, of Engineer Issuance Date ................................................................................................................................................................................................................................................. •eby certify that all work as requested above will conform to Chapter 10 of the Hawaii County Code. er, Contractor, neer or Surveyor -_— Date "oN TO THE DEPARTMENT OF PUBLIC WORKS, ENGINEERING DIVISION, UPON CCMPLETIQN QP WORK rication pled by Date (DPW Inspector / engineer) r 000131 _wpd•12/0IN6 t. County of Hawaii DEPARTMENT OF PUBLIC WORT{S GRADING PERMIT � i I�°I�• r Date of Application er Cr1 TCc)�IQ5e- Eng./Land Surv• 1rn An1,-)r✓- A ]A !se No. ractor Conc f Coa)S1 rLt c-1to ise No. VJ l (5 3 S tion Pu' u- lJovi a i131 A c e sated Starting Date I - 1 2�- - q -7 rking days minimum after issuance date) p rks: =�{ Cexe�®,�� -t'-wt) -4- i Address «` PO t1'-k"-,J4Lu Sj. k2c , Phone. qiS Address Phone 41 x`571 ' 41 o p Address 235 1;-a.0-iL-uei'-LZ4 -IAIH • Phone -9 � 5`Ga 7T Tax Map Key -3 - i L3 'r Cut(cy) ._f D D Area (ac) Fill(cy) D Estimated Completion Date " 1,5 R Fee 4 5' ►,x,41 ct�cA � n 5�a ff ramal" Y ---t �• `lL Gt o'+4h ��-� `fir � `/ �c`•�• �r-ra�l r„� ✓C, iv1. � A% 3 ' INSTRUCTIONS TO APPLICANT *F REGISTERED HISTORIC PLACES AVAILABLE AT ATE OF HAWAII, DLNR, HISTORIC PRESERVATION. DIRK MUST BE PERFORMED ACCORDING TO THE )NDITIONS STATED ON THIS PERMIT AND AS SHOWN I THE APPROVED PLANS AND SPECIFICATIONS AS MAY SUBJECT TO COMPLIANCE WITH CHAPTER 10 OF THE .WAII COUNTY CODE. )UED PERMIT BECOMES NULL AND VOID IF THORIZED WORK DOES NOT COMMENCE WITHIN JETY (90) DAYS OR IS NOT COMPLETED WITHIN ONE (1) AR OF THE ISSUANCE DATE OF THIS PERMIT. APPLICANT SHALL OBTAIN THE FOLLOWING 0 IN NUMERICAL. ORDER a ' g Department Da Listed on the Hawaii or National Register of Historic Places. C3 Yes -0-IN, If yes, secure approval from State Historic Preservation. 2 ❑ State DLNR - Historic Preservation Date G 3 ❑z,/z6y/ r DP ief Engineer Ilssuance Date ..................................................................................................................................................I....................... )y certify that all work as requested above will conform to Chapter 10 of the Hawaii County Code. Contractor, er or Surveyor TO THE DEPARTMENT OF PUBLIC WORKS, ENGINEERING DIVISION, UPON COMPLETION OF WORK Date —t --q ~_9 ` ation ed by Date (DPW inspector! engineer) >d-12/01/96 000132 owner DR. ALLEN TAKASE Date of Application 09/2.0/95 noineer_ IMATA & ASSOCIATES -icense No. 2726-C County of Hawaii DEPARTMENT OF PUBLIC WORKS GRADING PERMIT 1.�0 Address Address 171 KAPIOLANI STREET HILO, HI 96720 3. Phonei Phone 935-6827 contractor LOEFFLER CONSTRUCTION Address 640 PIILANI STREET Phone -icense No. AC -18017 HILO, HI 96720 935-2410 -ocation PONAHAWAI, S. HILO, HI Tax Map Key 2-3-35: 16 & 18 Exc/Fill (cy) 3,658 CY stimated Starting Date 09/25/95 Estimated Completion Date92=4.x'96 Fee $29.00 Zemarksr=; INSTRUCTIONS TO APPLICANT OROVALS SHALL BE OBTAINED IN SEQUENTIAL ORDER. WORK MUST BE PERFORMED ACCORDING TO THE CONDITIONS STATED ON THIS PERMIT AND AS SHOWN ON THE APPROVED PLANS AND SPECIFICATIONS AS MAY BE SUBJECT TO COMPLIANCE WITH CHAPTER 10 OF THE HAWAII COUNTY CODE. ISSUED PERMIT BECOMES NULL AND VOID IF AUTHORIZED WORK DOES NOT COMMENCE WITHIN NINETY (90) DAYS OR IS NOT COMPLETED WITHIN ONE (1) YEAR OF THE ISSUANCE DATE OF THIS PERMIT - APPLICANT SHALL OBTAIN THE FOLLOWING El IN NUMERICAL ORDER 1 ❑ 2 ❑ Planning Department Date State DI -NR -Historic Preservation Date 3 1-71 Dept. of Public`W—orks, Chief Engineer Issuance Date PLEASE RETURN THIS SECTION TO THE DEPARTMENT OF PUBLIC WORKS, ENGINEERING DIVISION UPON COMPLETION/FINAL INSPECTION OF WORK hereby certify that all work as requested above has been completed in conformity with Chapter 10 of the Hawaii County Code and i accordance with the approved plans and specifications. aspected by >Oinal Soil Report Filed (signature of DPW inspector) Date i d p rmt.wpd-4/14/94 000133 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 18 up tephen K. Ya'mashiro Mayor . • CERTIFIED LETTER Z 095 323 524 June 14, 1996 JNSYlF Hq� O.• .. ` yi d� ;# aT4}F'OF •µ'.ti PLANNING DEPARTMENT 25 Aupuni.Street, Room 109 • HiIo, Hawaii 96720-4252 (808)961-8288 • Fax(808)961-9615 Allen Takase, M.D. 670 Ponahawai Street, Suite 200 Hilo, Hawaii 96720 11 Dear Dr. Takase: • Ordinance No. 95 33 (REZ 781) Applicant: Gelocag Partnership and Allen Takase, M.D. Tax Map Key: 2-3-35: 16 Virginia Goldstein Director Norman ©lesen Deputy Director Reference is made to our January 8, 1996, letter requiring that access onto Punahele Street shall.immediately cease and be rerouted through Pu'uhonu Place.. We have been advised that parties using your property as a construction baseyard are still accessing the site from Punahele Street. A complaint was made with the Department of Public Works _indicating that a. H.ait_suka_.._Brothers __.._emplo.yee_._acc,e_s_se_d.__.the ...__ si_te.._.__from.._. Punahele Street on the morning of June 6, 1996. We consider this disregard for the conditions of your rezoning to be a serious matter, especially since you were advised of this issue in the referenced letter. This letter is to inform you that the conditions of the rezoning, we the subject property to return the to its' original classification as be done through provisions of the • due to your failure to comply with are considering action to rezone portion that is still undeveloped Single Family Residential, as may subject ordinance. 000134 A Allen Takase, M.D. Page, 2 June 14, 1996 We ask that you respond to us, in writing by June 21, 1996, to identify how you plan .to prevent any future violations o.f the conditions of your rezoning. If we do not hear from you in a timely manner, or feel the remedies -you propose are inadequate, we will proceed with our rezoning action. If you have any questions, please feel free to contact myself at 961-8288. S'ncerely, VIRG NIA GSA TE Director . JS:pak 0620D xc: Managing Director Planning Commission • County Council Corporation Counsel Department of Public Works • 000135 • 000136 pot Ailnul SN, ":V'S' W81! L!)i9210 'c'S3i%'ci SI sow uw� MIN a, Aq Oq J, Pau PTMPR n 4 j cc � t -- w, I n Wu PU IVA P M 1?, P 1-4 NEBW ME M "M Un g mun Sd mm .104mv PW pqpn ag spun an Up"I Pa qW, 1, -,. - - ----d j q! 01 - '� v qfljS pFUJUfl'5 eqj 1.131; ,.i e3'1xe Doi lapigo pjl;; jrl_l, B WHOA, PUP PBLIPIO. �iqp, el!; ja feopilyni MPH TWO 1SO6 E le ?)I!!. - d WPW qW pem nuA g VP Ttk,""W" ,Mlam; Qn-1 MMAYH isv, 203 01 Si. 000137 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL (HIBIT 19 aIq • October 2, 1996 Ms. Virginia Goldstein Planning Direct -w Department of Planning Ms. Donna Kiyosaki Engineer Department of Public Works County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear IMmes. Goldstein and Kiyosaki; This letter is written on behalf of the following families who homes border a development by Dr. Allan Takase et at, TMK 2-3-35: 1.6. On October 1, 1996 we were informed by Bruce Har►sen of Concept Development that construction cert the situate property would begin as early as next week pending final aproval by your Departments. As you are aware, we have brought you our conerns relative to the extremely Adverse conditions we have had to endure over the past two years since Takase has received his rezoning approval. Realizing that we will now have the construction, etc. to contend with and the final product, we are now requesting that you Consider the following concerns and possibly impose conditions to in, tigate their negative impacts on us _.._-._......�;iWC8 we _hay+e...nzft-b-eeti_able-to _e-flFective.ly-or-positively t,•esolwe--our past.... _.... . concerns with Takase. 1. That the RS -7.5 property situated be weeen the George Gushiken and Cheryl R. Reis residences remain in residential use only and not be utilized as a parking,, storage, drivewaytturnaround or access as provided in RES 94-12. We, furthOw request; that this property be fenced at both the Harnakua and puna ends to prevent- unwarrantea access and ensure that it will not .again be used as access to the. subject \ property as it was for the past two years in violation of RES 94-12. ;000138 Page 9 7. That: in or -der to preserve our security, safety qnd privacy, a Mack chain link fene be erected with podycarpus or other similar fast growing plantings, We request that the fence be at lease: eight feet higher than the highest point: of any of our properties that border- the subject property and that these be ins ailed prior to the stars o1' construction oil either of the two proposed buildir,rgs, Equiprrrent storage and movement has caused us concern over the past two years with fears that either pipes or runaway vehicles would intrude upon our properties. on two occasions, pipes stored to the rear of the CfimpainhalYama.uchi and F_nomoto properties were disturbed by equipment movement and almost rolled into the properties. A runaway vehicle did cause moderate damage on the Reis property three weeks ago. See attached police traffic accident report (TC 96- 3190). It should be noted that Cheryl Reis had been working in the area that the vehicle struck..just prior to the intrusion on the propery and had it not been for garbage containers of cinder and potting soil deflecting the vehicle, its path would have. taken it; into a parked vehicle • and possibly the house wall. All of the three other homes have children using the backyards that face the development boundw y. �J Vete wouldexpect the fence to be contiguous across the fiarnakua boundary of the development from the east (rnakai) end of the Gushiken property to the west (rnauka) end of the Enomoto property at Kornohana. These measures would prevent the random -and daily pedestrianivehicular traffic frorn pu'crhonu way, thus affording us sortie measure. of security acrd privacy that are non-ekdstent now. To further mitigate the intrr•*rsior- ofour privacy, we request that staff offices, where minimal public access is permitted, be situated on the sides of both buildings facing our homes. We feel that with this, our lives{routines would have limited general public scrutiny. 000139 P� Page 3 Further, that the contractor consider blocking access to the development site from Pu'uhonu Way after working hours to reduce unwarranted entry, possible theft and tampering and curiosity seekers - the latter being a daily occurrence with sometimes questionable . persons entering our properties from the RS- 7.5 property to inquire about equipment, -fill, etc. Anyone is now permitt-ted unlimited access to wander at will creating an uneasy feeling among our residents. 3. We request that the construction be limited to Monday through Fridays, from 7:OOAM to 4:30PM. In the past, contractors on the HMA. binding started prior to 6:OOAM and Haitsukas continued well beyond 6:30PM which we consider- unreasonable and extremely intrusive. Work continued often through the weekend allowing no respite from noise, dust, etc. and with the simultaneous construction at the Correctional Facility across the street,, we are to be totally sandwiched between literally unbearable noise. Additionally, weekend work has also resulted in disturbing a bee hive with the swarm invading the Yamauchi residence causin'the frantic evacuation of the residence by their adult sort and six year old grandson. When Louisa Yamauchi approached Dr. Takase, after his failure to return her calls, his reply was "What did you expect me to do, tell the bees to fly somewhere else?" This reply and the rest of what we have experienced is contrary to the promises he made to Margie Gushiken and. Cheryl Reis about being a __„good--raei�h-Moir"-an�_-.r►f�rki�g rn�itll us ��^ar�, during and after leis rezoning. request was approved. 000140 Page 40 - 4. We request that any air conditioning or generator machinery be located to the south of bath new building with adequate "block" walls to effectively mute the amount of noise emanating to the surrounding areas. Presently the wall enclosing the HMA At unit is inadequate and the location creates an echo chamber to transmit the sound to our homes 24 hours a day. As the unit ages, the sound will escalate and with the additional units the noise will triple if unchecked. 5. We request -that the completed buildings have silent rather Chart audible alarms installed. We are now subjected to an audible alarm from the HMA building that is very loud and disturbing part, icularly in the wee hours of the morning. Some of us work shift and the noise is not only annoying but rather frightening when it jolts us out of sleep. and has inconvenienced us considerably. It is mentioned here because Dr. Takase has stated that the alarm is from 'the Casey Building and not HMA. According to Alert Alarm, that signal coerces from the HMA Building contrary to Dr. Takase"s protestations. A partial list of dates and tunes are available for your information. 6. We request that lighting -used during the nighttime hours not significantly light the areas of our homes so as to interfere with either our sleep or other activities. 7. We request that no parking stalls be allowed along the Puna boundary of our residences. If, however, it is allowed, that reverse parking to the boundary be prohibited and enforced by the developer -- __�o..._pre tt�ie -arty unwanted-- nrraytng ati d -ha a dous fumes from intruding in our homes. Further that obvious signs prohibiting this activity be posted within the designated areas to ensure this. We feel very strongly about this since the exhaust fumes that we've been exposed to over the past two years have caused us considerable discomfort from allergies, noxious odors and oily films on our walls. Further that there be no storage of diesel or other fuels on the property which create not.only a. -hazard but also contribute to the noxious odors. 000141 Page 5 8. During the construction phase, we request a liaison between the developer and residents to preclude problems we have previously encountered with both the owner and contractors on the HMA[Casey Family projects. We request the name, address and telephone number pager through which we can contact the liaison or alternate. The contact number should also include an after-hours number for instances where contact maybe necessary after normal working hours. We would appreciate a "warm body" answering to field concerns of an immediateju.rgent nature and would eliminate previous allegations of undelivered messages. Upon completion of each building, we request a similar liaison setup should concerns develop once occupation of the site begins, 9. During construction we requestdaily dust control - both by dust screening and we.tdowns - as necessary. I has been out- experience with the owner and contractors occupying/working the property for the past two years that dust control was inconsistent, or at the contractor's whim, or after repeated and often vehement requests by us, or totally non-existent. We would also appreciate responsibility on the part of the project coordinator and the contractor to ensure that the dust mitigation is consistent for the duration of the construction without requiring constant reminders by *us, The foregoing is requested of your respective Departments as requirements of the permits to construct and occupy since our past _.....__-- ___-- -------_._e .perience-wit'n-thy o vr�ers ie rwis frustrated by the continual, unanswered concerns by the owners (contractors and no definitive course of action to finally remedy the negative situation. Approximately two hours of video tapes as well as documentation are available for your perusal relative to the noise, dust, access violations and other general inconveniences. These include letters to Dr. Takase., Edmond and Milton Haitsuka, The Department of Health also has letters acid to.st results promulgated by our complaints. 000142 23 • We appreciate your attention to our requests and hope that these can be accommodated since your action may assist us in finally mitigating and minimizing further disputes in connection with the project. Sin K. KM;--' t5 Punahele Street (878) 935-4656 irc�,414e _. AwJ George and Margie Gushiken 51 Punahele Street Thomas an L uisa Yamauchi 73 Punahele eet Adele Enornoto 79 Punahele Street 000143 • THIS PAGE IS INTENTIONALLY 0 LEFT BLANK • 000144 -;goo y k- 2y. Y f.. a, •g. fr - `T....,, �d 0 • °*" r 000t" CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 20 co,'�cc- ® October 14, 1996 Concept Constnlction hosted a meeting of the following concerned neighbors of the Pacific Rehab and Punahele Medical Building at Lehua's Restaurant on October 1, 1996 at 11:00 a.m. The following people were in attendance: Mr. S-- Ivlxs. Gushiken Ms. Cheryl Reis Mrs. Yamauchi Mrs. Erionloto Mr. Jimmy Maeda Mr. Bruce Hansen, President, Concept Construction Copies of relevant sections of the DOH noise code and dust suppression were passed out. A brief introduction to the project was given. 1) The first item discussed was the retaining wall along the neighbors' properties. The following items were requested: a. A cross section and details of the Gushiken retaining wall. b. Engineer stamp on the final design. c. A price to be developed for a rock wall in place of the CMU. d. It Nvas suggested by Bruce that the Gushikens talk to Dr. Takase concerning the encroachment of their excavation on the Rehab site. e. Could a fence be continued across the upper boundary of Dr. Tal ase's residential lot to prohibit entry from the upper medical area. f. What material will tl.ie Berm along the Gushiken's and Reis' properties be. Bruce will verify Bend material with neighbors. g. The proposed 4 -foot CMU pri-c.,acy wall is too low. The neighbors would prefer an 8 -foot high chain link fence with protocarpis planted and maintained by the medical and rehab buildings. They -would like the retaining wall fence and plantings as soon as possible. h. Could the Talcase residential lot be blocked off on both ends? _........ --..__..__.._._.._._-- ---------_...--._......................_._........... ... .._.....,.. - ........_._ _..._........__ ......... _ .. _...... ___ _ .........__.._...... 2) The medical building N -vas discussed and the following continents made: a. Show ,�vindo-,vs on Hanialcua side. What are ininiam n windows needed? What rooms do windows serve? Can staff offices and not Nvaiting rooms go on this side of tl-te building? Ple-,.ise sliow vle.«r liiie of -,vindows with respect t.o 8 -foot fence an(!, neighbors. b. AC units on south side of property. with CMU buffer walls. c. "No parking" sl�,ns along north boundary. d. Please store oxygen, F-laz-stat, etc. Oil south side of buildin! e. Can burglar alarms be Silent type. f. Pari i.ng lot lights on .diner? Building lights ort tinier? g. Please show neighbors where all exterior lights are. 235 Waianuenue Ave., Hilo, Hawaii 96720.808 935-0279 Builders License Number Hawaii • BC16835 000150 3) The construction process was discussed and concerns expressed -by the neighbors. a. Can we use spotters instead of reverse beepers on loaders, excavators, etc? b. Cheryl Reis strongly requested no work on Saturdays. 4) Concept Construction agreed to the following items: a. No fuel storage on site. All equipment fueled from mobile tanks only. Equipment will not be fueled along the north boundary. b. Excavation will start no earlier than 7:00a.m. as per DOH noise permit. Excavation will end. by 4:30p.m. c. Building construction and interior work will be from 7:00a.m. to 5:30p.m. Monday to Friday. d. Saturday work will be from 9:00a.m. to 4:30p.m. Per DOH noise permit. There will be no Sunday work Saturday work only under exceptional conditions and after phone calls to neighbors. e. The contractor, subcontractors, and owner will not repair or run machinery during off hours. f. Dust control will be by wetting down, plastic sheet covering and mulch mix per DOH air quality standards. g. There will be no erosion run off onto neighbors property. If there is any erosion into neighbors properties, it will be cleaned within 24 hours., h. Concept Construction lAill furnish home phone numbers and beepers of Bruce Hansen and Jim Riddiford. i. The Talcase residential lot will not be used during construction except as required for routing utilities, etc. per plan. j. Concept Construction to check on possibility of blocking off construction access at HMA during non -work hours. Concept Construction will check on ways to lessen the noise of the existing air conditioning compressors at the HMA building. The following notes have been reviewed by the people attending the meeting. These notes are submitted by Concept Construction, Inc. as a record to all concerned parties and agencies. Sincerely, Bruce A. Hansen President 000151 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL XHIBIT 21 a COUNTY OF HAWAII PARCEL HISTORY (TT102) FOR: TMK: 2-3-035-018-0000 PAGE: 1 )3/19/2007 INSTR-DESC: GRANT TRANS NO: 2426189 INSTR NO:07-078232 INSTR-DATE: 03/19/2007 REC-DATE: 03/19/2007 iAREA:9,230 SQ.FT. STATE -CONY -TAX: $ 0 =ROM: GELOCAG. A HAWAII PARTNERSHIP TO: ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE 'ROFESSIONAL BUILDING SUBJ/SEWER ESMT "S-1" (1309 SF) IN FAVOR OF AOAO OF 'UNAHELE PROFESSIONAL BUILDING =/D: KEYED ONLY - ESMT W/DES: MISSING DOC - ENTERED FOR 2007 TAX YEAR LOT 6 9230 SF DES POR LCAW 387 PT 4 SECTION 1 A B C F M RP ON CONFIRMATION NO 946 NO 1 SUBJ/ESMT GROUP# NAME F TC %-OWNER TITLE-DESC 20011 GELOCAG 40011 AOAO PUNAHELE PROFESSIONAL BUILDING )5/26/2006 INSTR-DESC: AGRMT OF SALE TRANS NO: 2388197 INSTR NO:06-099020 INSTR-DATE: 04/13/2006 REC-DATE: 05/26/2006 AMOUNT:$100,000 AREA: 9,230 SQ.FT. STATE -CONY -TAX: $ 150 =ROM: GELOCAG, A HI PARTNERSHIP FO: ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL 3UILDING T 6 9230 SF DES POR LCAW 387 PT 4 SECTION 1 A B C F M RP ON CONFIRMATION NO 946 NO 1 UP# NAME F TC %-OWNER TITLE-DESC 2 011 GELOCAG 40011 AOAO PUNAHELE PROFESSIONAL BUILDING ►8/16/2004 INSTR-DESC: WARRANTY DEED INSTR NO:04-168212 AMOUNT:$100,000 AREA: 9,230 SQ.FT. STATE -CONY -TAX: $ 100 -ROM: GERALD TAKASE & WF BARBARA TAKASE FO: GELOCAG, A HAWAII PARTNERSHIP .OT 6 9230 SF DES POR LCAW 387 PT 4 RP 946 GROUP# NAME 20011 GELOCAG 2/03/1997 INSTR-DESC: GRANT OF EASEMENT F TC %-OWNER INSTR NO:9800168516 AREA: 9,230 SQ. FT. =ROM: GERALD TAKASE &WF BARBARA TAKASE -0: WATER COMMISSION OF THE COUNTY OF HAWAII GRANTOR GRANT UNTO GRANTEE A PERPETUAL ESMT TO INSTALL, MAIN -'\IN & ATE PIPES OR OTHER STRUCTURES IN, OVER & ACROSS PARCEL D =lN EXH A". TOGETHER WITH RIGHT OF INGRESS & EGRESS. :SMT W-1 WATER METER BOX POR LCAW 387 PT 4 SEC 1 435 S DES /D: SUBJ TO WATER METER ESMT "W-1" {435 SF) IN FAVOR OF TH TRANS NO: 2350940 INSTR-DATE: 08/08/2004 REC-DATE: 08/16/2004 TITLE-DESC TRANS NO: 88976 INSTR-DATE: 10/01/1997 REC-DATE: 12/03/1997 000152 COUNTY OF HAWAI'I PARCEL HISTORY (TT102) FOR: TM K: 2-3-035-018-0000 PAGE: 2 WATER ",,MMISSION OF THE COUNTY OF HAWAII W11 UP# NAME F TC %-OWNER TITLE-DESC TAKASE,GERALD H 3TE 20012 TAKASE,BARBARA S )2/12/1997 INSTR-DESC: GRANT OF EASEMENT TRANS NO: 88975 INSTR_NO:9700019877 INSTR-DATE: 01/06/1997 REC-DATE: 02/12/1997 AREA: 9,230 SQ.FT. =ROM: GERALD TAKASE & WF BARBARA TAKASE TO: HAWAII ELECTRIC LIGHT COMPANY INC, A HI CORP & GTE HAWA IAN TELEPHONE COMPANY INCORPORATED, A HI CORP GRANTORS HEREBY GRANT UNTO GRANTEES A PERPETUAL RIGHT & ESMT TO BUILD, DONSTRUCT, RECONSTRUCT, REBUILD, REPAIR, MAINTAIN & OPERATE JNDERGROUND _INES & TRANSFORMER VAULTS FOR THE TRANSMISSION'& DISTRIBUTI DN OF LECTRICITY TO BE USED FOR LIGHT, POWER AND/OR COMMUNICATION 3 & CONTROL DIRCUITS OVER, UPON, ACROSS, THROUGH & UNDER LOT 6 POR LCA N 387 PART 4 3UBJ/ESMT IN FAVOR OF HELCO INC & GTE HAWN TEL CO INC 113 NOTE: ESMT NOT SHOWN: NO DES UP# NAME F TC %-OWNER TITLE-DESC 11 TAKASE,GERALD H 3TE 20012 TAKASE,BARBARA S )4/05/1994 INSTR-DESC: WARRANTY DEED TRANS NO: 88974 I NSTR_NO:9400058266 INSTR-DATE: 03/29/1994 REC-DATE: 04/05/1994 AMOUNT:$100,000 AREA: 9,230 SQ.FT. STATE-CONV-TAX: $ 100.00 =ROM: KENNETH K KOIZUMI TRS OF KENNETH K KOIZUMI TR DTD 11/ 10/81 & (AEKO T KOIZUMI TRS OF YAEKO T KOIZUMI TR DTD 11/10/81 FO: GERALD TAKASE & WF BARBARA TAKASE - T/E _OT 6 9,230 SF DES POR LCAW 387 PART 4 GROUP# NAME F TC %-OWNER TITLE-DESC 20011 TAKASE,GERALD H 3TE 20012 TAKASE,BARBARA S 0/07/1987 GROUP# NAME F TC %-OWNER 20011 KOIZUMI,YAEKO T TRUST 37 )021 KOIZUMI,KENNETH K TRUST 63 -0 ----------SEE HISTORY SHEET FOR MORE INFORMATION------------------ TITLE-DESC 000153 0 • Department of. &.'liatura[Rcsourees Bureau of Conveyances -Official Public Records Document Number Al 997168516 No. of Pages Unavailable Fee Fee., Compute at $1.00 per pgge for documents in $1000 the system. Flat fee will be charged for documents not in the system. Recording Date tk Recording Date: 1997-12-03 Date instrument recorded. YYYY-MM-DD Description GRANT; EASEMENT GRANTING RIGHT OF WAY • Grantor Grantor: : TAKASE GERALD &WF Party transferring TAKASE BARBARA &HSB interest. Grantee ., Grantee: HAWAII COUNTY Party acquiring interest. TMK �'p TMK: Tax Map Key. Parcel 3-2-3-035-018-0000 identification, if known. Used for real property assessments purposes. Notes , Notes' G TMK (3)2-3-35:018 Brief comments on affected interests. Choose the type of document to purchase: 0 ; _ Electronic Non -Certified (download immediately after purchase) 0 Printed & Certified (receive by USPS - mailed in 5-7 business days) https://boc. ehawaii.govldocsearchldocumentDetails.html?documentNumbet=A199716851... 8/24/2011 000154 • • • THIS PAGE IS INTENTIONALLY LEFT BLAN K � 0 LAND COURT (AREA ABOVE RESERVED FOR.RECORDING INFORMATION) After Recordation,, Return .by ®. Mail or [] Pick-up Phone#: FILL IN NAME AND ADDRESS BELOW: GERALD TAKASE 101 Aupuni.Street, Suite. 325 Hilo, Hawaii 96720 DOCUMENT CONTAINS '8 PAGES TITLE OF DOCUMENT: GRANT OF EASEMENT PARTIES TO DOCUMENT GRANTOR: GELOCAG, a Hawaili partnership 287 Kanoelani Street Hilo, Hawaii 96720. GRANTEE: ' ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING 2 Kamehameha Avenue Hilo, Hawaii 96720 AFFECTS TAX MAP KEY: (3)2-3-035:018'- D OCUMENT 3)2-3-035:018 000156 R-1045 STATE OF HAWAII BUREAU OF CONVEYANCES ' RECORDED MAY 01, 2007 08:02 AM Doc No(s) 2007-078232 CARL T. WATANABE REGIIs/ STRAR OF CONVEYANCES 20 112 28 ,` REGULAR SYSTEM (AREA ABOVE RESERVED FOR.RECORDING INFORMATION) After Recordation,, Return .by ®. Mail or [] Pick-up Phone#: FILL IN NAME AND ADDRESS BELOW: GERALD TAKASE 101 Aupuni.Street, Suite. 325 Hilo, Hawaii 96720 DOCUMENT CONTAINS '8 PAGES TITLE OF DOCUMENT: GRANT OF EASEMENT PARTIES TO DOCUMENT GRANTOR: GELOCAG, a Hawaili partnership 287 Kanoelani Street Hilo, Hawaii 96720. GRANTEE: ' ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING 2 Kamehameha Avenue Hilo, Hawaii 96720 AFFECTS TAX MAP KEY: (3)2-3-035:018'- D OCUMENT 3)2-3-035:018 000156 • GRANT OF EASEMENT THIS GRANT OF EASEMENT, made this 19th day of March: 2007 by and between GELOCAG, a Hawaii partnership, whose mailing address is 287 Kanoelani Street, Hilo, Hawaii 96720, hereinafter called the "Grantor," and the ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING, whose mailing address is 2 Kamehameha Avenue, Hilo, Hawaii 96720, hereinafter called the "Grantee." WITNESSETH: WHEREAS, Grantor owns those certain premises located at Punahoa; District of South Hilo, Island and County ofHawai`i, State ofHawai`i, identified as Tax Map Key: (2)2-3-036-018; and WHEREAS, Grantee desires to install, operate, and maintain a collector sewer system within certain areas of Grantor's property; and WHEREAS, Grantor desires to give the necessary consent upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the Grantor and Grantee hereto agree as follows: 1. Demise and Description of Premises The Grantor, in consideration of One Dollar .($1 .00) and other good and valuablo consideration, receipt of which is hereby acknowledged, and Of the covenants herein contained and on the part of the Grantee to be observed and performed, and upon and subject to the terms and conditions hereinafter set forth, does hereby grant the following perpetual easement to Grantee: permission to install, operate and maintain a collector sewer system on premises owned by Grantor situate at Punahoa, District of South Hilo, Island, -2- 000157 County and State of Hawai `i, said easement being more particularly described in Exhibit "A" and delineated on Exhibit `B," both of which are attached hereto and made a part hereof. 2. Indemnification. Grantee shall indemnify, defend, and save harmless, the Grantor, its successors and permitted assigns, from and against any and all actions, claims, suits, damages, or costs arising out of or resulting from the acts or omissions of Grantee, its officers, agents, or employees, that may arise or result from the installation, operation, maintenance, presence, or use of Grantee's fixtures and all appurtenances connected therewith. 3. Maintenance. The Grantee shall use due care and diligence to keep the said sewer collector system and any improvements appurtenant thereto, in a safe, clean, sanitary, and orderly condition and will exercise its rights hereunder in a manner that will occasion only such interference with the use of the land by the owners and occupants as is reasonably necessary. 4. Access. Grantor will retain use of the easement area for all other purposes, and 0 hereby grants to Grantee the right of ingress and egress at all reasonable times for the installation, maintenance, use, operation, and repair of its fixtures and all appurtenances connected therewith. 5. Reverter. If the Grantee shall at any time in the future abandon or remove its said sewer collector system from the said easement area, then the rights and premises hereby granted and the obligations imposed hereunder shall thereupon terminate and revert to the Grantor without any action on the part of the Grantor. 6. Parties of Interest. The covenants contained in this Grant of Easement shall inure to the benefit of, and be binding upon the parties and their respective successors and permitted assigns. • -3- 000158 IN WITNESS 'WHEREOF, the parties hereto have executed this instrument the day. and Year first above written. GELOCAG ByCr-�- GLD TAKASE M aging Partner GRANTOR ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING ALLAN S. TAWE President By GRANTEE Grant of Easement GELOCAG, Grantor Association of Apartment Owners ofPunahele Professional Building, Grantee TAIX- (3)2-3-035-018 • -4- 000159 0 0 STATE OF HAWAII ) � ss. COUNTY OF HAWAII ) On Marsh 19, ?7 , before me personally appeared GERALD TAKASE, to me personally known, who, being by me duly sworn, did say that GERALD TAKASE is the Managing Partner of GELOCAG, a Hawaii partnership, and that said instrument was signed in behalf of said partnership by authority of its Partners, and that said officer acknowledged said instrument to be the free act and deed of said partnership. Signature de Ette Y. Fukamizu Print or Type Name Notary Public, State of Hawaii My Commission Expires: -.7-15-09 -5- `�Utirnnrrrrtr►� �'.�'•f'UBLIGOF rrgr�rt�tit�t�� 000160 ® STATE OF HAWAII ) ) SS. COUNTY OF HAWAII } On March 19, 2007, before me appeared ALLAN S. TAKASE, to me personally known, who, being by me duly sworn, did say that ALLAN S. TAKASE is the President of the ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING, that said instrument was signed on behalf of said association by authority of its Board of Directors; and that said ALLAN S. TAKASE acknowledged said instrument to be the free act and deed of said association. e Y. Fuk Signature de Ette Y. Fukamizu '�,�' • fi'tJBLiG Print or Type Nance '�•,i/ OFp•,`\ ®� Notary Public, State of Hawai `i My commission expires: 7-15-09 000161 EASEMENT S-1 FOR SEWER PURPOSES LAND S]TUATED AT PUNAHOA, SOUTH HILO, ISLAND OF HAWAII, HAWAII. Being a portion of Royal Patent on Confirmation 1946, Number 1 to D.B. Lyman, Land Commission Award 387, Part 4, Section.I to American Board of Commissioners for Foreign Missions. Being also a portion of Lot 6. Beginning at the west corner of this easement, and on the southeasterly side of Punahele Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI", being 412.80 feet North and 611.05 feet West, thence running by azimuths measured clockwise from true South: 1 • 232° 49' 10.07 feet along Punahele Street; 2. 3290 22' 130.85 feet along the remainder of R.P. on Confirmation 1946, No. 1 to D.B. Lyman, L.C. Aw. 387, Part 4, See. 1 to American Board of Commissioners for Foreign Missions (remainder of Lot 6); 3. 520 49' 10.07 feet along the remainder of R.P. on Confirmation 1946, No. 1 to D.B. Lyman, L.C. Aw. 387, Part 4, Sec. 1 to American Board of Commissioners for Foreign Missions (Lot 12-A-2); 4. .1490 22' 130.85 feet along the remainder of R.P. on Confirmation 1946, No. 1 to D:B. Lyman, L.C. Aw. 387, Part 4, Sec. 1 to American Board of Commissioners for Foreign Missions (remainder of Lot 6) to the point of begin- ning and containing an area. of 1,309 Square Feet. Tax Map Key: 3rd Div. 2-3-35: 18 INam ie K. lmata Licensed Professional Land Surveyor Certificate No. 5816 Exp. April 2008 EXHIBIT "A" Easement S-1 Page 1 of -1 000162 •I C • U- 0' 522® 44' I_0.00 cn "o49 w o ev LOT ro 5,230 50. FT. p, ��—p�,�..q�� 412.80 N 611.05 3N i43 'HALAI'V 142. 45' -«-. !30.00 EXISTING EASM—ENT W OS'xxq) FOR KAtTM METER aFFOSEs W5 So. FTJ o rzAS :MNT 6-1 FOR OMER PURPOSES 12-A-1 I � EASEMENT B LAND SITUATED AT PUKANOA 2ND, S0UTH KILO, ISLAND OF HAWAII, WAWAII. SING A PORTION OF ROYAL PATENT ON CONFIRMATION 1946, NUMBER 1 TO 0M.' LYMAN, LAND C43 -MISSION AWARD 3SI, DART .4, SECTION 1 TO AMERICAN BOARD OF COMMISSIONERS FOR FOREIGN MISSIONS. 155ING ALSO A PORTION OF LOT 6. i+ N0. 5816 `earl, v TAX MAP KEY, 3RD DIV. 2-3.35415 arx 12-,4-2 PR PA W HY, IMATA AND A$SOCIAT56, INC. 171 KAPIOLAM STRgET HIL,Ci, HAWAll gb'UO CC MTALIE K. IMATA LICENSED SIO AL LAUD StWr=YOR )CERTIFICATE NJMWR 5816 F -WIRES. c APWI- SO, 2008 MASH 2, 2007 000163 R-506 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED MAY 26, 2006 08:01 AM Doe NO(s) 2006-099020 I�I IIII��III��IIIIIIIIII1111��I�QIIII��III REGIs/ CARL T. WATANABE ISTRAR OF CONVEYANCES 1111 " CTax (15): $150.00 2S 411 Z8 I LAND COURT- SYSTEM Lei REGULAR SYSTEM Return by Mail.(x) Pickup(- ) To: AAO Punahele Professional Bldg. 2 Kamehameha Ave. -Hilo, HI 96720 Total Pages: **2'6 Tax Map Key (3)2-3-035:018. AGREEMENT OF SALE THIS AGREEMENT made this day of P'i� 2006, by and between GELOCAG, a Hawaii partnership, whose principal place of business and mailing address is 287 Kanoelani Street, Hilo, Hawaii 96720, hereinafter called the "Seller," and ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING, whose mailing address. is 2 Kamehameha Avenue, Hilo, Hawaii 96720; hereinafter called the "Purchaser'; WITNESSETH: That the Seller hereby agrees to sell to the Purchaser as a tenant in severalty, and the. Purchaser hereby agrees to purchase in such.tenancy from the Seller, for the consideration stated below and on the terms, covenants, and conditions contained in this Agreemient, and subject thereto, all of the real property described in Exhibit A attached hereto and made a part hereof by reference, subject to the encumbrances noted therein or made or suffered hereinafter by the Purchaser. 000164 I. Terms of Purchase and Closing. 1.1 THE TOTAL PURCHASE.PRICE shall be ONE HUNDRED. THOUSAND AND N0/100 DOLLARS ($100,000.00) which the Purchaser agrees to pay to the Seller in United States dollars as follows: 1.2 The purchase price, being the sum of $100,000.00, together with interest thereon and on the unpaid balance thereof remaining from time to time at the rate of six percent (6%) per annum from January 1, 2006, until fully paid as follows: 1.3 Principal and interest shall be.payable monthly, commencing on the 1st day of January, 2006, and on the 1 st day of each month thereafter, which amount on the original balance shall be ONE THOUSAND FOUR HUNDRED SIXTY AND 86/100 DOLLARS ($1,460:86), said payments to continue until the 1st day of December, 2012, or until fully paid, at which date there shall be due a final payment to include any and all principal and interest then owing. 1.4- Each of said monthly payments shall be applied toward the obligations of the Purchaser under this Agreement in.the following order: First, the interest on unpaid principal; second, to late fees and charges; and the balance -,'if any, thereof shall be applied toward principal_ 1.5 The Purchaser shall have the right to prepay 01y part of the outstanding balance hereof in any calendar year without penalty. If additional principal payments (minimum of$100.00) are made, later monthly payments will not be deferred, but will be reduced to reflect interest on the declining principal balance. If the principal balance under this Agreement is reduced to the principal balance due -on the mortgage (if any) described in Exhibit B, all further principal payments shall be applied to repay the mortgage, thus.reducing both balances equally. The principal balance due under the mortgage shall not exceed the principal due under this Agreement. 1.6 The Seller shall deliver possession of said premises'on closing to the Purchaser and the Purchaser shall thereafter quietly enjoy possession of the premises and all rights, privileges, easements and appurtenances thereto and all rents, issues and profits thereof unless and until the Purchaser shall cause or permit any default with respect to any of the terms, covenants and/or conditions herein contained and to be observed and/or performed by the Purchaser.. 1.7 Assessments against the property, if any, shall be paid bySeller at closing. All other assessments, real property taxes, lease rents (if said property be a leasehold), insurance premiums, sewer and 'water rates, condominium maintenance fees (if any) and all other taxes, 000165' charges and similar impositions pertaining to said premises are to be prorated between the Purchaser And the Seller at closing, and thereafter shall be paid directly by the Purchaser, as set forth in subparagraph 3.1 hereof. 1.8 Final Closing. The date upon which final payment ofthe Purchaser's obligations hereunder is made shall be the date of final closing hereof and the final payment by the Purchaser shall be made as a part of a final closing (or final. escrow if the parties so agree) in which all of the performances due from each of the parties shall be required to be made simultaneously. H. Covenants of the Seller. THE SELLER, in consideration of the premises, the payments made and to be made by the Purchaser and the covenants herein contained of the Purchaser, covenants and agrees: 2.1 Ouiet Possession. The Seller does hereby covenant that the Purchaser shall quietly enjoy possession of the premises from and after the date .of possession as set forth hereinabove, so long as .the Purchaser shall' observe and perform all of the Purchaser's obligations hereunder. ffthe property is a condominium, the Purchaser shall be entitled, from and after the date hereof, so long as the Purchaser shall perform all of the Purchaser's.obligations hereunder, to exercise all of the voting and other rights appurtenant to said property. 2.2 Title. At the time of final closing hereof and full payment of all sums herein provided to be paid and the observance and/or performance by the Purchaser of all terms, covenants and -conditions herein contained and by the Purchaser to be observed and/or performed, the Seller shall convey and. deliver title to the property to the Purchaser in the aforesaid tenancy. The Seller will at the Seller's expense cause to be promptly executed and delivered with all necessary consents to. the Purchaser: 2.2.1 A Warranty deed of the property or an assignment of lease if the property is leasehold or other appropriate conveyance document, and 2-.2.2 A document sufficient to convey title to all personal property covered hereby (if any) to the Purchaser. All such documents shall convey all of the aforesaid property to the Purchaser free and clear of encurnbrances except as specifically set forth in Exhibit A, . subject, however, to the provisions of subparagraph 8A hereof, and except as shall have been made, suffered or permitted by . the Purchaser from and after the date hereof, and shall further be in a form acceptable for recording 3 oob166 • in the Bureau of Conveyances of the State of Hawaii and/or filing in the Office of the Assistant Registrar of the Land Court of the State of Hawaii, as applicable. 2.3 Evidence of Title. If requested by the Purchaser, the Seller shall further deliver to the Purchaser as part of the final closing hereof at the Purchaser's expense a policy of title insurance or a certificate from a reputable title company doing business in the State of Hawaii, insuring or certifying the Purchaser to have marketable title to the property, except as aforesaid. III. Covenants of the Purchaser. THE PURCHASER, in consideration of the premises and the aforesaid agreements by the Seller, hereby covenants and agrees: 3.1 Taxes, Assessments and Other Charges. That the Purchaser will pay directly or shall reimburse Seller, if paid by Seller, all real property taxes and all assessments of everykind and. all sewer and water rates, lease rents (if any) and condominium maintenance fees (if any) and all other taxes, charges and similar impositions which shall, after the date of proration set forth herein, be legally payable upon or with respect to said premises, or the use thereof, whether charged against the Seller or the Purchaser, and the Purchaser will hold the Seller fully harmless therefrom. 3.2 Insurance. That the Purchaser will insure and keep insured against loss. or damage by fire (directly or, if applicable, through the association of condominium owners pursuant to 514A-86, Hawaii Revised Statutes) with fire and extended peril coverage (with inflation guard) all improvements now on or hereafter built or placed upon. said premises in an amount at least equal to the hill replacement cost of any improvements, comprehensive public liability insurance as customarilyprovided for similar property in Hawaii for homeowner's insurance and flood insurance, if the premises are within the Flood Zones.eligible for Federally subsidized flood insurance; except as may be otherwise expressly provided. in the lease.. if the property is a leasehold. NOTICE IS HEREBY GIVEN THAT PURCHASER MAY OBTAIN ANY INSURANCE REQUMD HEREIN FROM ANY INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF HAWAII. In' the event of loss or damage the proceeds of all such insurance shall be used for the purpose of the immediate repairingand/or rebuilding of all buildings or other improvements which . may be destroyed or damaged; except as otherwise expressly required in the lease if the property is a ..leasehold.. All' such policies shall be made out in the names of the Seller, the Purchaser, and. proceeds shall be payable.as their respective interests may appear..Qurrent certificates or other.. • evidence of such insurance shall be provided to Seller. In the event of payment or collection of proceeds under any such policy either party may require that the proceeds ofsuch insurance shall be paid to any reputable trust institution doing business in Hawaii to be disbursed as the interests of the parties may appear. 3.3 Consent to Assign, etc. That the Purchaser shall not sell, assign, transfer or encumber the premises or this Agreement or enter into a subagreement of sale without Seller's consent, which consent shall not be unreasonably withheld; provided, however, that it shall be reasonable for Seller to withhold consent to Purchaser's sale of interests hereunder based upon Seller's review of the financial condition and payment capacity of the new buyer and Seller shall not change any of the terms of this Agreement, nor charge a fee for Seller's consent, except an amount to cover the reasonable costs of preparation and processing not to exceed $100.00. An assignment of this Agreement with Seller's consent shall not relieve the Purchaser of liability hereunder unless released by the Seller, which release Seller agrees to give if the Assignee has the financial ability to perform the obligations of the Purchaser hereunder. Purchaser agrees to deliver a copy of any such agreement of sale, lease or assignment document to the Seller. At the Seller's option, it may cancel this'Agreement, rather than allow the sale, assignment or transfer of this Agreement, in accordance • with Section 5.2. • 3.4 Place of Payments. All payments to be made to the Seller at the address herein, or such other place as the parties may agree. 3.5 Payments Made at Option of Seller. That if the Purchaser shall fail to pay any taxes, assessments, rates and/or charges, or shall fail to make any other payments required hereunder to be made by the Purchaser or shall fail to effect and keep in force all insurance or improvements as required by this Agreement, the Seller may pay or effect the same and recover from the Purchaser upon demand all sums paid therefor by the Seller with interest thereon at the rate of interest provided for interest on principal in subparagraph 1.2 of this Agreement. If such suras are not paid on demand, all such payments so made by the Seller may at the option of the Seller be added to and considered as a part of the purchase price of the premises. 3.6 Repairs., That the Purchaser will substantially repair, maintain, and keep all buildings and all other improvements now on or hereafter erected or placed upon said premises in good.repair, order and condition, and shall keep repaired any personal property sold hereunder and 5 000168 • replace any such property if damaged or removed with equivalent property of equal or greater value. 3.7 No Unlawful Usage, No Waste. That the Purchaser will not use said premises or • allow any other person to use said premises for or in connection with any unlawful purpose, and will not commit or suffer any strip or waste of the premises or any improvements. 3.8 Compliance with All Laws. That the Purchaser will faithfully observe, perform and abide by all laws, governmental ordinances, rules and regulations applicable to said premises, . including but not limited to all lawful requirements of any health authority operating within the county or city and county in which said property is located. 3.9 Attachment. That the Purchaser will not commit anybreach of any covenants or conditions herein contained or do or suffer any act or negligence whereby said premises or any interest therein shall become liable to seizure, lien or attachment upon mesne or final process of law whether in bankruptcy, reorganization, rearrangement, assignment for benefit. of creditors, foreclosure, or otherwise. IV. Mutual Agrreements Obligations and Covenants. AND, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 4.1 Title. That legal title to the propertyshall remain in the Seller until the Purchaser has fully paid, observed and performed all considerations and all terms, covenants and conditions herein contained on the part of the Purchaser to be paid, observed and performed, and thereupon shall be conveyed to the Purchaser. 4.2- Risk of Loss. That the provision of Chapter 508 of the Hawaii Revised Statutes, as amended from time to time (the Uniform Vendor and Purchaser Risk Act) is by this reference - incorporated herein and made apart hereof for. all purposes. -4.3 .Alterations-, Improvements. That .the Purchaser shall not," without the prior written consent of the Seller, make; build, or construct -any improvements-dr:alterations on orto: the property. Seller may inspect plans .and specifications and may condition Seller's consent on Purchaser's obtaining . the necessary zoning; required building permit, required consents of Condominium Owner's Association (if any), lenders (if any), or lessors (if any), and evidence of Purchaser's adequate financing or bonding to pay for the improvements. 4:4 Inspection. That upon the giving of reasonable notice in writing, the Seller shall have the right to make reasonable 'inspectionsof the property to determine whether the Purchaser is 000169 complying with this Agreement. 4.5 Condemnation. That in case the said property, or anypart thereof, is condemned, either the Seller or the Purchaser, or both of them, may appear and defend any condemnation suit, and all proceeds paid to the Seller and the Purchaser shall, except as otherwise expressly required in the lease ifthe property is a leasehold, be applied first to payment of costs and a reasonable attorney's fee .for the Seller in such condemnation suit and second to the payment of all moneys owed by the Purchaser to the Seller hereunder; and the surplus remaining shall become the property of the - Purchaser. No condemnation shall constitute grounds for rescission of this Agreement. 4.6 Costs and Attorney's Fees. That if any party hereto shall ever be in default with respect to this Agreement, and the other party shall incur costs or employ an attorney to make any demand or to otherwise pirotect or enforce its rights herein, the party in default shall pay all costs and expenses incurred by the other party, including costs of court and a reasonable attorney's fee. 4.7 Consents. That wherever the consent of either party is required herein,. such consent shall not be unreasonably withheld or delayed, or withheld.or delayed to obtain the payment of money or other consideration; except the reasonable cost of processing such consent, which cost shall not exceed $100.40. 4.8 Assi gument of Rents. .The Purchaser shall have the right to rent or lease the property from time to time to tenants on the following conditions: The tenant shall aclmowledge in writing the Seller's interest in the property and shall agree to pay to the Seller the.re.nt due or becoming due from the tenant to the Purchaser,upon receipt of a notice from the Seller that the Purchaser has defaulted under this Agreement The Purchaser hereby assigns to the Seller all ofthe rents from the property until satisfaction of this Agreement. However, so long as there is no default under this: Agreement, the Purchaser may collect the rents for the Purchaser's own account, but this permission terminates immediately upon default by the Purchaser. This assignment of rents by the Purchaser is not intended as a'seeurity interest, but is. an absolute assignment conditioned only.on whether the Turchaser defaults under this Agreement or.performs all of the Purchaser's obligations hereunder., The Purchaser agrees that in the event of any default by the Purchaser, the Seller, by notifying the tenant, shall be entitled to collect the rents from the tenant. Any rents collected by Seller shall.be applied first to payment of the cost. of management of the property and collection of such rents, including, but not limited to, reasonable attorneys' fees and then to the sums owing under 7 000170 this. Agreement. Rent paid to the Seller by* the tenant will be deemed to have been paid to the Purchaser for purposes of the tenant's lease or rental agreement. V. Seller's Remedies Upon Default of Purchaser. if any payment of money due is not made within ten (10) calendar days after the date when the same shall be due and payable, the Seller shall be entitled to charge a reasonablelate fee per default not to exceed ten percent (I 0%) of the late payment, or the amount of any late -fees, if,.by reason of Purchaser's late payment, Seller shall become liable for any such late fees or penalties, whichever is greater. All moneys (other than interest) not timely paid by the Purchaser shall bear interest at the rate of interest charged on -principal in this Agreement from the date due until paid. In addition, if the Purchaser shall fail to pay any of the said installments of the purchase price and/or interest as aforesaid or shall fail to make any other required payment when the same shall be due and payable as aforesaid; or shall fail to fai&Uly observe or perform any term, covenant, agreement or condition herein contained and on the part of the Purchaser to be observed and/or performed, then, and in any such event, if the Purchaser, after receiving notice from the Seller of such default, shall . not cure the same within ten (10) days thereafter, then the Seller may at the option of the Seller exercise any one or more of the remedies hereinafter set forth in this Article V. If any nonmoney default is capable of being cured but cannot be cured within thirty (30) days, no default shall be deemed to have occurred if the Purchaser shall commence within said period to cure the default and shall thereafter diligently pursue such cure. Notwithstanding the foregoing, if the Purchaser (or any of them if there be more than one) shall become bankrupt or insolvent, or seek protection under any provision of any Bankruptcy' Act, or make any assignment for the benefit -of creditors, or if the Purchaser shall abandon or threaten to abandon said premises; or suffer. the premises to'be taken under any writ. of execution or otherlegal-process, the Purchaser.shall thereupon be deemed to be in -default and the Seller shall immediately without -further demand or notice have the right to the remedies set forth in this Article'V. - The Seller shall be entitled to: 5.1 Suit for Money. The Seller may declare the entire unpaid balance of said purchase price, including interest thereon, and all advances made by him to become forthwith due and payable without. notice or demand, and may institute suit against the Purchaser to recover all amounts due hereunder, and all moneys theretofore advanced by the Seller on account of said property pursuant to the provisions of this Agreement and the costs'of such.suit, including a reasonable attorney's fee on 000171 account thereof. 9.. . 5.2 Foreclosure by Repossession. The Seller may cancel this Agreement by giving written notice thereof to the Purchaser and may file or record any document noting such cancellation in the Land Court or in the Bureau ofConveyances of the State of Hawaii, or may institute any legal action to cancel this Agreement,. in which event the Purchaser shall pay all costs, including reasonableattorneys' fees incurred by Seller. Upon the cancellation of this Agreement, the Seller may retain all payments made by the Purchaser in settlement of any depreciation of value of the property and as and for the Seller's inability to sell the property free and clear to a third party while said property was in the possession of the Purchaser and as and for an agreed upon rental for the use and possession of said property and as liquidated damages, but shall not retain such amount as would constitute an unreasonable and excessive liquidation of damages under the circumstances. If the. Seller shall return to the Purchaser cash in the amount in excess of a reasonable liquidation -of damages of the Seller in the circumstances, neither retention of the remainder, nor cancellation ofthe Agreement shall be deemed an unreasonable liquidation of damages or a penalty. For purposes of determining the reasonableness of any liquidation of damages, the interest .and equity of the Purchaser in and to the property and this Agreement. shall be considered; and shall be deemed to equal the market value of the property from time to time less all amounts owed by the Purchasertb the Seller under this Agreement. The. Seller may immediately takepossession of the property.and summarily eject the Purchaser and any -person or persons having possession of the said property by, through, or under the Purchaser, all without service of further notice or legal process, and without liability for damages therefor..In .thp event the Purchaser, or any person or.persons claiming by, through or, under him shall remain in possession. of the property after such cancellation; the Purchaser, or suchperson or persons, shall be deemed a tenant or tenants -at -will of the Seller and the Seller shall be entitled to institute an action for summarypossession thereof, and may recover from . the Purchaser or such person or persons in any.such proceedings the fair rental value of the property . as and for the use thereof from and after the date of cancellation, plus costs, including a reasonable attorney's fee. And the Purchaser hereby irrevocably appoints the Seller as.his attorney-in-fact, with full power of substitution, to make, execute and deliver, for and in the name of the Purchaser, arid -as his free act and deed, any and all instruments necessary or desirable forremov,mg ariy -610aori the 000172 title of the Seller in and to the said property caused by the recording or existence of this Agreement. The power thus given maybe exercised only if the Purchaseit shall be in default and this Agreement is cancelled as hereinbefore described. 5.3 Foreclosure by Sale. The Seller may sell said property at public auction, at such time and place as he shall determine; after publishing a Notice of Sale in a newspaper having general circulation in the State of Hawaii, once a week for three (3) consecutive weeks, the last.publication being no less than fourteen (14) days prior to the date of sale. And he may, either as attorney-in-fact for the Purchaser, and for that purpose hereby irrevocably constituted and appointed, or in his own name make, execute and deliver to the buyer or buyers at such sale a good and, sufficient deed or assignment of lease, as the case may be, to the property herein described free and clear of and from all the provisions of this Agreement, and said Seller may purchase the said property or any part thereof at any such sale; and any such sale shall forever bar the Purchaser and all persons claiming under him -from all right and interest in said property, both at law and in equity. Out of the proceeds of such sale, the Seller may retain the unpaid balance of the purchase price, together with accrued interest thereof, all advances and expenditures made, and. all costs and expenses of such sale, including an auctioneer's fee of five percent (5.0%) of the highest bid at such sale and a reasonable • attorney's fee. If a surplus shall result from any such sale, such surplus shall be paid to the Purchaser, and if a deficiency shall result 'therefrom, the Purchaser shall pay the Seller the amount of such deficiency upon demand, and in default of such payment, the Seller shall have the right to institute suit therefor against the Purchaser, and the Purchaser hereby agrees, to pay the amount of such deficiency and the costs 'of such suit, including a reasonable attorney's fee on account thereof. 5.4 Retention of Premises by Purchases: In the event that this Agreement is cancelled as herein provided, or in any manner.perrnitted by law, or by mutual agreement of Purchaser. and Seller, and Purchaser shall thereafter remain m possession of the premises, Purchaser agrees that he shall be conclusively presumed to be a tenant -at -will, subj ect to all laws applicable thereto, and shall be obligated to pay during the period of such tenancy a fair rental value of said property and the Seller shall have all remedies for. the collection of such rent and for recovering the possession ofsaid property that are available to landlords under the laws of the State of Hawaii, including the right to institute an action for summary possession as provided by Chapter 666 of the Hawaii Revised. Statutes, as amended from time to time.. in the event the installment payments on account of the 10 000173 purchase price to be made hereunder are computed on other than monthly intervals, the installment payments hereunder shall be reduced to monthly amounts and rent shall be computed in the aforesaid manner. 5.5 No cancellation of this Agreement shall be valid if it would result in an unconscionable forfeiture of the Purchaser's interest in said property. 5.6 Mandatory Sale. If at the time of his default the Purchaser shall have paid to the Seller two-thirds (2/3) or more of the purchase price set forth in this Agreement, then and in that event, the Seller, notwithstanding any provisions herein to the contrary, shall be required to sell the Purchaser's interest in and to this Agreement and the property herein describedby public auction pursuant to the terms of paragraph 5.3 or 5.7 hereof. 5.7 Seller's Election to Treat Agreement as Mortgage. The Seller may sell said property, or any portion or portions thereof as if the Seller were a mortgagee of said property, by judicial sale or at public auction under power of sale, in the manner provided from time to time by Hawaii statutes relating to foreclosure of mortgages. In so doing, the Seller may make, execute. and deliver as attorney-in-fact for the Purchaser herein (for which purpose the Seller is hereby irrevocably constituted and appointed with the power of substitution) to the purchaser orpurchasers at such sale or sales a good and sufficient instrument conveying said property fee and clear of the provisions of this Agreement.. The Seller maypurchase said property or any part thereofat any such We or sales, and any such sale shall forever bar.the Purchaser herein and all persons claiming under the Purchaser herein from all right and interest in said property both at law and inequity. The buyer upon any such foreclosure sale. shall not be required to see to the application of the purchase money, or to inquire into the propriety of the Seller's exercise of the power of sale herein -given. The pro-. ceeds of sale or sales shall be'applied as follows: first, to the costs andexpenses of the sale, together with a reasonable attorney's fee for the Seller's attorney; second, to the payyi nerit of all disbursements . that maybe made by the Seller.in respect of the said property, including -taxes and insurance theree n. and repairs thereof and other outgoings; third, to the payment of the balance of the said purchase price and interest then 'remaining unpaid; and finally, the balance, if any, shall be paid to the Purchaser:. If the moneys received from any such sale or sales shall be insuff tient to make all payments- hereinabove mentioned, the Purchaser shall be liable to the Seller for such deficiency out of the Purchaser's own money,. and 'the Seller shall have the right to make' demand, and if not 000174 satisfied, to suefor and recover such deficient amount. The Seller may pursue any one or combination of the foregoing or any other or fiu then legal or equitable remedies available to the end that the Seller shall be made whole. The pursuit of any one or more of the remedies set forth above shall not constitute an election or waiver of the Seller's rights to enforce any other remedy for any default on the part of the Purchaser. VI. Remedies of the Purchaser. In the event the Seller shall breach or default any covenant or obligation.of the Seller hereunder the Purchaser, if not then in default, may bring an action against the Seller for specific performance of this Agreement and/or pursue such other legal remedy as shall be allowed at law or in equity, all toward the end of making the Purchaser hereunder whole. If the Seller shall become bankrupt or insolvent or if any receiver, trustee or controller is appointed to supervise or receive the property of the Seller under any federal or state bankruptcy or insolvency law, all of the. legal title of the Seller to the property sold hereunder shall at such time vest in and be the title and property of the . Purchaser, subject to a purchase money mortgage in the Seller for the balance of the moneys owed by the Purchaser to the Seller hereunder, and -the Seller's remedies hereunder shall be limited to the remedies of a mortgagee. VII. Construction of Agreement. 7.1 Binding Effect.. These presents shall be bindingupon.and shall inure to the benefit of.theparties herein named and their respective legal representatives and such successors in interest. 7.2 Definitions. The word "Purchaser;' and any pronoun -in ref erence.thereto wherever used herein, shall be construed to mean the singular and/or the plural, the masculine or the feminine or the neuter, and vice versa, as the context may provide. Where the term "Purchaser' shall include more than one person, such as but not limited to husband and wife; then each such person shall be individually; jointly and severally bound and liable with respect to all of the terms, covenants, conditions and remedies provided for throughout this Agreement. That the words "premises" and/or "property" wherever used herein or where the context so admits or requires shall be construed to mean and, shall include the real property as hereinabove particularly described and 12 000175 • all buildings and improvements situate or built or placed on the land described therein, and all rights, easements and appurtenances used, occupied, or enjoyed in connection therewith. 7.3 Headings. All headings used in this Agreement are for reference convenience only and are not to be construed as limiting in any manner the content of any paragraph or particular provision. 7.4 Entire Agreement.. This Agreement shall constitute the entire agreement between the parties and shall not be modified except by an instrument in writing signed by all of the parties. 7.5 Notices.. Any notice given by either party pursuant to this Agreement shall be valid if in writing and personally delivered or if sent by registered mail, returnreceipt requested, postage prepaid, to the last known address of the other party. Such notice shall be effective upon such personal delivery or'two (2) days after such mailing.. Either party may, at any time and from time to time, in the manner set -forth for the giving of notices, give notice to the other party hereunder of any change of address, and such address shall be sufficient as the last known address of the party hereunder. 7.6 Severability. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect the validity, • legality or enforceability of any other provision hereof. 7.7 Time. Time is of the.essence of this Agreement. 7.8 Tenancy of Purchaser. All rights, title. and interest of the Purchaser in and to this Agreement and the property shall be deemed to beheld by the Purchaser, and each of them, in the tenancy set forth hereinabove, and upon final closing hereof title documents in and to the property shall be delivered in form showing said tenancy. VIII. Mortgages of Property b'y.the Seller_ 8.1 Existing �MortQages. There. are currently no existing mortgages. .8.2 Right of Inquiry. The Seller hereby expressly grants to the Purchaser and the Collection Agent (if any) named in subparagraph 3.4 hereof, the irrevocable right to ascertain from time to time from the mortgagee (or secured party) under any mortgage secured by the property sold hereunder or by this Agreement whether now existing or hereafter entered into by the Seller, whether all payments required to be paid under the terms of any such mortgage and/or security agreement and . any obligations thereby secured are being paid and whether all other obligations under any such 000176 mortgage and/or security agreement or secured thereby are being fully performed. 8.3 Righht to Substitute Performance. If and whenever any such payment or other obligation is not timely paid, observed or performed, the Purchaser is hereby irrevocably authorized by the Seller to cure any such default and/or to make all payments required under the terms of this Agreement, directly to the mortgagee, or its successors and assigns, said payments to be applied on account ofsaid obligation in accordance with the terms thereof, and all payments of money madeby the Purchaser to the mortgagee hereunder shall be applied to the Purchaser's obligations hereunder in the order set forth in subparagraph L4 above. The balance due on all mortgages secured by the property shall not at any time be permitted to exceed the balance owed by the Purchaser hereunder; and to the extent that any payment by the Purchaser would cause such to occur, such payments shall be payable to the mortgagees under all such mortgages. 8.4 Release or Assumption of Mortgages on Final Closing.. The Seller does hereby represent and warrant that the Seller shall not increase any existing mortgage or enter into any new mortgage of the property without. the Purchaser's consent, but shall in any event pay in full any obligation secured by any such mortgage or security agreement and shall obtain and record a release of the same prior to or upon final payment by the Purchaser of its indebtedness hereunder, as a part • of the final closing, unless the Purchaser assumes any such mortgage in lieu of payment of the assumed indebtedness by reducing the principal balance due under this Agreement to that under such .mortgage, subject, however, to the mortgagee's consent if such consent is required, provided, however; that Seller shall remain contingently liable unless the mortgagee releases.Seller from such liability, 'and provided, further, that if said mortgage(s) are VA loans, Purchaser's eligibility shall be substituted for Seller's VA eligibility, and Purchaser shall pay all costs relating to the assumption of said mortgage(s). 8.5 No Further Mortgaging. The Seller shall make no other or further mortgage, or hypothecation of the premises, or increase of any existing mortgage without the prior written consent of the Purchaser, and any such other or further mortgage or hypothecation without such consent shall be void. Upon .such further mortgaging or any hypothecation of the Seller's rights under this Agreement; with the prior written. consent of the Purchaser, (i) the rights of the Purchaser under this . Agreement with respect to the property shall be superior to the rights of the mortgagee and upon full performance hereof by the Purchaser, the title to the property conveyed to the Piir ehaser hereunder 000171 • C, shall automatically be free and clear of any such mortgage or security interest, and (ii) the mortgagee shall agree upon full performance hereof by the Purchaser to deliver to the Purchaser a good and sufficient release of such mortgage or security interest to further evidence the termination of the interest of the mortgagee, and (iii) within thirty (30) days of the filing of any such mortgage, a true copy thereof shall be delivered to the Purchaser in the manner required for the giving of notices hereunder. 8.6 Hwothecation of A egr. ement. The Seller may hypothecate Seller's interests in this Agreement, so long as prior written notice and a copy of all of the documents evidencing such hypothecation are given to the Purchaser hereunder, and the secured party is required to give imme- diate notice to the Purchaser hereunder of any default of the Seller in any obligation under any such document or the obligation secured thereby. 8.7 Counterpart.. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same'agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original ax.the same countexparts: Far all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages ofthe counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF, the parties hereto have executed. this Agreement on the day and year first above written: 15 000178 B y I.ORT J. T SE By OAK "V, 2m `'4 CATHY L. TAKASE B -y GLENN M. TAKASE ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING By- Ca AAm Agreement of Sale GELOCAG, Seller AOAO OF PUNAHELE PROFESSIONAL BUILDING, Purchaser TMK•(3)2-3-035: 018 • 16 PURCHASER 000179 STATE OF HAWAII ) )SS' COUNTY OF HAWAII ) On this 'y' day of 2006, before me appeared GERALD TAKASE, to me personally known, who, being by me duly sworn, did say that he is the Managing Partner of GELOCAG, a Hawaii partnership, and that said instrument was signed in behalf of said partnership by authority of its Partners; and that said officer acknowledged said instrument to be the free act and deed of said partnership. Y. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: 000180 STATE OF HAWAII } 0 )ss. CITY AND COUNTY OF HONOLULU ) On this 4-M day of n , 2006, before me appeared LORI J. TAKASE, to me personally known, who, being by me duly swom or affirmed, did say that she is a partner of GELOCAG, a Hawaii partnership, and that said instrument was signed in behalf of said partnership by authority of its Partners; and that said partners acknowledged said instrument to be the free act and deed of said partnership. N . Ci L. ee Notary Public, State of Hawaii My Commission Expires: /3 g • STATE OF HAWAII ) ss. CITY AND COUNTY OF HONOLULU ) On this day of 1 r , 2006, before me appeared CATHY L. TAKASE, to me personally known, who, being by me duly sworn or affirmed, did say that she is a partner of GELOCAG, a Hawai `i partnership, and that said instrument was signed in behalf of said partnership by authority of its Partners; and that said partners acknowledged said instrument to be the free act and deed of said partnership. Name: Cin L. Y. Yee Notary Public, State of Hawaii My Commission Expires.-- 18 xpires: 18 000181 STATE OF HAWAII ) • ) ss. COUNTY OF HAWAII ) On this day of 4,r; __, 2006, before me personally appeared GLENN M. TAKASE, to me personally known, who, being by me duly sworn, did say that he is a partner of GELOCAG, a Hawai `i partnership, and that said instrument was signed in behalf of said partnership by authority of its Partners; and that said partners acknowledged said instrument to be the free act and deed of said partnership. Signature Li A Print or Type Name Notary Public, State of Hawaii My Commission Expires: �gt; e R2ti � 19 000182 • STATE OF HAWAII ) )SS. COUNTY OF HAWAII } On this ��' day of MR r�-G� , 2006, before me appeared 4! Wo S• To lease and , to me he- personally epersonally known, who, being by me duly sworn, did say that gwy-ffe, the {�►'�S'1 d �— and —"' , respectively, of ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING, that said instrument was signed on behalf of said company by authority of its Board of Directors; and that said officers acknowledged said instrument to be the free act and deed of said company. Si atm • ���� A Nag�d Print or Type Name Notary Public, State of Hawaii My Commission Expires: 941 000183 STATE OF HAWAII } 10 )SS. COUNTY OF HAWAII } On this a;Z nom_ day of L , , 200 , before me appeared •51 and , tome personally known, who, being by me duly sworn, did say that they are the ::J- c p1,, ,%Z C r and , respectively, ofPUNAHELE ASSOCIATES, LLC, aHawai`i limited liability company, that said instrument was signed on behalf of said company by authority of its Board of Directors; and that said officers acknowledged said instrument to be the free act and deed of said company. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: agC, 14 Y 208 000184 EXHIBIT A • Lot 6 Being a portion of L.C. Aw. 387, Part 4, Section 1, A. B. C. F. M., R.P. on confirmation number 946, number 1 to D.B. Lyman, situated approximately 300 feet northeast of the intersection of Puu Honu Street, Komohana Street extension and Punahele Street at Punahoa 2nd, South Hilo, Hawaii. Beginning at the west corner of this parcel of land, also being the north corner of Lot 5, the coordinates of said point of beginning referred to Government Survey Triangulation Station, "Halai," being 401.48 feet North and 627.55 feet West and running by azimuths measured clockwise from true South: 1. 232° 49' 71.00 feet along the south boundary of Punahele Street; 2. 3220 49' 130.00 feet along the southwest boundary of Loi 7; 3. 520 49' 71.00 feet along a portion of Mauna Kea Sugar Co., Ltd., boundary; 4. 1420 49' 130.00 feet along the northeast boundary of Lot 5 to the point of beginning and containing an area of 9,230 square feet or 0.212 acre, more or less. SUBJECT, HOWEVER, to the following restrictive covenants: (a) . No dwelling house shall be erected upon said premises which shall contain less than 1,000 square feet of ground floor area, exclusive of servants' quarters, garage, storage space, workshop, verandas and open porches. (b) No used or second-hand lumber shall be incorporated in the construction of any improvements erected upon the above-described premises, nor shall any building be placed or re -erected upon said premises which shall previously have been erected in another location; no irailer or "quonset'type of building shall be erected, placed or maintained upon said premises. SUBJECT ALSO, HOWEVER; to that Grant of Easement dated January 6, 1997 to Hawai'i Electric Light Company, Inc. and GTE Hawaiian. Telephone Company, Incorporated for a 24 -foot wide underground easement for utility purposes. Being the same premises acquired by Warranty Deed dated. August 8, 2004, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2004-168212. 21 • 000185 W"IMA :! 0 Results of Your Mortgage Calculation For the values you entered: • Principal= $100000 • Interest Rate= 6.00% . Amortization Period= 7 years • Starting month= Nov • Starting year= 2005 ..Monthly Pre -payment= $0 Annual Pre -payment=- $ 0.00 Your monthly payment will be $ 1460.86 The following mortgage would result for 2005 : • Nov: Principal: $ 960.86 Interest: $ 500.00 Balance: $ 99039.14 • Dec: Principal; $ 965.66 Interest: $ 495.20 Balance: S 98073.48 • And for the rest of the term: . FOR 2005: Interest= $ 995.20 Principal= $ 1926.52 Balance= $ 98073.48 For Calendar Year 2006 (Year 2, 6 left) • Jan: Principal: $ 970.49 Interest: $ 490.37 Balance: $ 97103.00 • Feb: Principal: $ 975.34 Interest: $ 485.51 Balance: $ 96127.66 • Mar: Principal: $ 980.22 Interest: $ 480.64 Balance: $ 95147.44 • Apr: Principal: $ 985.12 Interest: $ 475.74 Balance: $ 94162.32 • May: Principal; $ 990.04 Interest: $ 470.81 Balance: $ 93172.28 • Jun: Principal: $ 994.99 Interest: $ 465.86 Balance: $ 92177.28 - • Jul: Principal: $ 999.97 Interest: $ 460.89 Balance: $ 91.177.31 • Aug: Principal: $ 1004.97 Interest: $455.89 Balance: $ 90172.35 • Sep: Principal: $ 1009.99. Interest: S 450.86 Balance: $ 89162.35 • Oct: Principal: $ 1015.04 Interest: $ 445.81 Balance: $ 88147.31 • Nov: Principal: $ 1020.12 Interest: $ 440.74 Balance: $ 87127.19 • Dec: Principal: $ 1025.22 Interest: $ 435.64 Balance: S 86101.97 • FOR 2006: Interest= $ 5558.75 Principal= $ 11971.52 Balance-= $ 86101.97 • For Calendar Year 2007 (Year 3,5 left) 000186 . Jan: Principal: $ 1030.35. Interest: $ 430.51 Balance: $ 85071.62 • Feb: Principal: $ 1035.50 Interest: $ 425.36 Balance: $ 84036.13 • Mar: Principal: $ 1040.67 Interest: $ 420.18 Balance: $ 82995.45 • Apr: Principal: $ 1045.88 Interest: $ 414.98 Balance: $ 81949.57 • May: Principal: $ 1051.11 Interest: $ 409.75 Balance: $ 80898.47 + Jun: Principal: $ 1056.36 Interest: $ 404.49 Balance: $ 79842.10 • Jul: Principal: $ 1061.64 Interest: $ 399.21 Balance: $ 78780.46 + Aug: Principal: $ 1066.95 Interest: $ 393.90 Balance: $ 77713.50 • Sep: Principal: $ 1072.29 Interest: $ 388.57 Balance: $ 76641.22 • Oct: Principal: $ 1077.65 Interest: $ 383.21 Balance: $ 75563.57 • Nov: Principal: $ 1083.04 Interest: $ 377.82 Balance: $ 74480.53 • Dec: Principal: $ 1088.45 Interest: $ 372.40 Balance: $ 73392.08 • FOR 2007: Interest= $ 4820.37 Principal= $ 12709.89 Balance= $ 73392.08 For Calendar Year 2008 (Year 4,4 left) • Jan: Principal: $ 1093.90 Interest: $ 366.96 Balance: $ 72298.18 • Feb: Principal: $ 1099.36 Interest: $ 361.49 Balance: $ 71198.82 • Mar: Principal: $ 1104.86 Interest: $ 355.99 Balance: $ 70093.96 • Apr: Principal: $ 1110.39 Interest: $ 350.47 Balance: $ 68983.57 • May: Principal: $ 1115.94 Interest: $ 344.92 Balance: $ 67867.63 • Jun: Principal: $ 1121.52 Interest: $ 339.34 Balance: $ 66746.12 • Jul: Principal: $ 1127.12 Interest: $ 333.73 Balance: $ 65618.99 + Aug: Principal: $ 1132.76 Interest: $ 328.09 Balance: $ 64486.23 • • Sep: Principal: $ 1138.42 Interest: $ 322.43 Balance: $ 63347.81 • Oct: Principal: $ 1144.12 Interest: $ 316.74 Balance: $ 62203.69 • Nov: Principal: $1149.84 Interest: $ 311.02 Balance: $ 61053.85 • Dec. Principal: $ 1155.59 Interest: $ 305.27 Balance: $ 59898.27 • FOR 2008: Interest-- $ 4036.45 Principal= $13493.81. Balance= $ 59898.27 For Calendar Year 2009 (Year 5, 3 left) • Jan: Principal: $ 1161.36 Interest: $ 299.49 Balance: $ 58736.90 • Feb: Principal: $ 1167.17 Interest: $ 293.68 Balance: $ 57569.73 + Mar: Principal: $ 1173.01 Interest: $ 287.85 Balance: $ 56396.72 • Apr: Principal: $ 1178.87 Interest: $ 281.98 Balance: $ 35217.85 • May: Principal: $ 1184.77 Interest: $ 276.09 Balance: $ 54033.09 • Jun: Principal: $ 1190.69. Interest: $ 270.17 Balance: $ 52842.40 • Jul: Principal: $ 1196.64 Interest! $ 264.21. Balance: $ 51645.75 • Aug: Principal: $ 1202.63 Interest: $ 258.23 Balance: $ 50443.13 • Sep: Principal: $ 1208.64 Interest: $ 252.22 Balance: $ 49234.49 • Oct: Principal: $ 1214.68 Interest: $ 246.17 Balance: $ 48019.80 • Nov: Principal: $ 1220.76 Interest: $ 240.10 Balance: $ 46799.05 • Dec: Principal: $ 1226.86 Interest: $ 234.00 Balance: $ 45572.19 • FOR 2009: Interest= $ 3204.19 Principal= $ 14326.08 Balance= $ 45572.19 • For Calendar Year 2010 (Year 6, 2left) 000187 • Jan: Principal: $ 1232.99 Interest: $ 227.86 Balance: $ 44339.19 • Feb: Principal: $ 1239.16 Interest: $ 221.70 Balance: $ 43100.03 • Mar: Principal: $ 1245.36 Interest: $ 215.50 Balance: $ 41854.68 • Apr: Principal: $ 1251.58 Interest: $ 209.27 Balance: $ 40603.10 • -May: Principal: $ 1257.84 Interest: $ 203.02 Balance: $ 39345.26 • Jun: Principal: $ 1264.13 Interest: $ 196.73 Balance: $ 38081.13 • Jul: Principal: $ 1270.45 Interest: $ 190.41 Balance: $ 36810.68 • Aug: Principal: $ 1276.80 Interest: $ 184.05 Balance: $ 35533.87 • Sep. Principal: $ 1283.19 Interest: $ 177.67 Balance: $ 34250.69 • Oct: Principal: $ 1289.60 Interest: $ 171.25 Balance: $ 32961.09 • Nov: Principal: $ 1296.05 Interest: $ 164.81 Balance: $ 31665.04 • Dec: Principal: $ 1302.53 Interest: $ 158.33 Balance: $ 30362.51 • FOR 2010: Interest= $ 2320.58 Principal= $ 15209.68 Balance; --$30362,51 P -A • For Calendar Year 2011 (Year 7,1 left) • Jan: Principal: $ 1309.04 Interest: $ 151.81 Balance: $ 29053.46 • Feb: Principal: $ 1315.59 Interest: $ 145.27 Balance: $ 27737.87 • Mar: Principal: $ 1322.17 Interest: $138.69 Balance: $ 26415.71 • Apr: Principal: $ 1328.78 Interest: $ 132.08 Balance: $ 25086.93 • May: Principal: $ 1335.42 Interest: $ 125.43 Balance: $ 23751.51 • Jun: Principal: $ 1342.10 Interest: $118.76 Balance: $ 22409.41 • Jul: Principal: $ 1348.81 Interest: $ 112.05 Balance: $ 21060.60 • Aug: Principal: $ 1355.55 Interest: $ 105.30 Balance: $19705.05 • Sep: Principal: $ 1362.33 Interest: $ 98.53 Balance: $18342.72 • Oct: Principal: $ 1369.14 Interest: $ 91.71 Balance: $16973.58 • Nov: Principal: $ 1375.99 Interest: $ 84.87 Balance: $15597.59 • Dec: Principal: $ 1382.87 Interest: $ 77.99 Balance: $14214.73 • FOR 2011: Interest= $1382.48 Principal= $ 16147.78 Balance= $ 14214.73 For Calendar Year 2012 (Year 8, 0 left) • Jan: Principal: $1389.78 Interest: $ 71.07 Balance: $12824.94 • Feb: Principal: $ 1396.73 Interest: $ 64.12 Balance: $11428.21 • Mar: Principal: $ 1403.71 Interest: $ 57.14 Balance: $100x4.50 • Apr: Principal: $ 1410.73 Interest: $ 50.12 Balance: $ 8613.77 • May: Principal: $ 1417.79 Interest: $ 43.07 Balance: $ 7195.98 • Jun: Principal: $1424.88 Interest: $ 35.98 Balance: $ 5771.10 • Jul: Principal: $ 1432.00 Interest: $ 28.86 Balance: $ 4339.10 • Aug: Principal: $ 1439.16 Interest: $ 21,70 Balance: $ 2899.94 • Sep: Principal: $1446.36 Interest: $ 14.50 Balance: $1453.59 • Oct: Principal: $ 1453.59 Interest: $ 7.27 Balance: $ -0.00 Where the fnal summary is • tilonthly Payment: $1460.86 • Total Interest:$ 22711.86(No pre -payment) 000188 . Total Interest:$ 22711.86 (As given) ® SAVINGS: $ 0.00 Total Interest Saved, 0.00 Years shorter loan . 2005 Interest $ 995.20 . 2006 Interest $ 5558.75 . Ending Balance Dee 2006: $ 86101.97 . Average Interest Each Month: $ 270.38 dick here to return • n Kr" Into el. �eaz� 000189 �J • R-869 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED AUG 16, 2004 08:02 AM Doc No(s) 2004-168212 fll�llilll�(��„��+II1lI������l�I��I�IIlIII REGISTRAR OF CONVEYANCES 20 111 Z6 CONVEYANCE TAX: $100.00 LAND OURT SYSTEM REGULAR SYSTEM Return by Mail (V) Pickup ( ) To: Gerald Takase c/o 101 Aupuni St., Ste, 325 Hilo, HI 96720 Total Pages: 4 Tax Map Key (3)2-3-035:018 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That, GERALD TAKASE and BARBARA TAKASE, husband and wife, whose residence and mailing address is 401 Palakiko Street, Hilo, Hawaii 96720, hereinafter called the "Grantors," in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to them paid by GELOCAG, a Hawaii partnership, whose principal place of business and mailing address is 287 Kanoelani Street, Hilo, Hawaii 96720, hereinafter called the "Grantee," the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the Grantee, its successors and permitted assigns, in fee simple, forever, the following real property: -1- 000190 All of that certain piece or parcel of land designated as Lot 6, containing an area of 9,230 square feet or 0.212 acre, more or less, situated at Punahoa 2nd, District of South Hilo, Island and County of Hawaii, State of Hawaii, more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same, together with all rights, improvements, easements, privileges and appurtenances thereunto belonging or in anywise appertaining, or held and enjoyed therewith, unto the Grantee, its successors and permitted assigns, in fee simple, forever. AND the Grantors, for themselves, their heirs, devisees, personal representatives and assigns, do hereby covenant with the Grantee, its successors and permitted assigns, that they are seised in fee simple of the above-described premises; that the same is free and clear of and from all encumbrances, except as aforesaid; that they have good right to sell and convey the same as aforesaid; and that they will, and their • heirs, devisees, personal representatives and assigns will, WARRANT AND DEFEND the same unto the Grantee, its successors and permitted assigns, forever, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the said Grantors have caused these presents to be executed this �Ii day of 60USi , 2004. GERAth TAKASE ARBARA TAKASE -2- n LJ 000191 STATE OF HAWAII0- ) COUNTY ) ss. OF HAWAII ) • On this �day of housi , 2004, before me personally appeared GERALD TAKASE and BARBARA TAKASE, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. \\\1111111{1111//f�� Signature OTARY -U (I A Intl ZU":�'�' Ali gL`G Print or T s'%,�F'' , ype Name F /���111OF %A11111111111\\\\` Notary Public, State of Hawaii My Commission Expires: I -QS -3- 000192 • EXHIBIT "A" Lot 6 Being a portion of L.C. Aw. 387, Part 4, Section 1, A. B. C. F. M., R.P. on confirmation number 946, number 1 to D.B. Lyman, situated approximately 300 feet northeast of the intersection of Puu Honu Street, Komohana Street extension and Punahele Street at Punahoa 2nd, South Hilo, Hawai'i. Beginning at the west corner of this parcel of land, also being the north corner of Lot 5, the coordinates of said point of beginning referred to Government Survey Triangulation Station, "Halai," being 401.48 feet North and 627.55 feet West and running by azimuths measured clockwise from true South: 1. 2320 49' 71.00 feet along the south boundary of Punahele Street; 2. 322° 49' 130.00 feet along the southwest boundary of Lot 7; 3. 52° 49' 71.00 feet along a portion of Mauna Kea Sugar Co., Ltd., boundary; 4. 142° 49' 130.00 feet along the northeast boundary of Lot 5 to the point of beginning and containing an area of 9,230 square feet or 0.212 acre, more or less. SUBJECT, HOWEVER, to the following restrictive covenants: (a) No dwelling house shall be erected upon said premises which shall contain less than 1,000 square feet of ground floor area, exclusive of servants' quarters, garage, storage space, workshop, verandas and open porches. . (b) No used or second-hand lumber shall be incorporated in the construction of any improvements erected upon the above-described premises, nor shall any building be placed or re -erected upon said premises which shall previously have been erected in another location; no trailer or "quonset" type of building shall be erected, placed or maintained upon said premises. SUBJECT ALSO, HOWEVER, to that Grant of Easement dated January 6, 1997 to Hawaii Electric Light Company, Inc. and GTE Hawaiian Telephone Company, Incorporated for a 24 -foot wide underground easement for utility purposes. Being the same premises acquired by Warranty Deed dated March 29, 1994, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 94-058266. • 000193 �i R-691 S'T'ATE OF HAWATT RIIRFAIT (1F C ONVFY ANC FS RF.( -()RDFT) FF -R 17, }447 ()-in AM nor- NO(s) q7=(1,4,77 Thrn 97-f114R74 /Q/('ART. T. WATANA^n^ ACTT N(; RV.nTSTRAR OF C:C)NVFYANC�FS L.FUNU l.vvn+ Return by Mail() Pickup(/) To; GTE HAAIAMN TELEPrvilt Mvir'ANY P. 0 Box 2200 Honolulu, Haw:,ii 96841 (808) 831-4063 Doc. No. U. G. H96-168 Affects Tax Map Key: Thud Division, 2-03-035:018 G,— WU OF FASEVIENT TH1S IlVDE'ivTURE mads this _b 4' _ day of �t ,u- 19 �7 , TAKASE and BARBARA TAKASE, husband and wife, whose by and between GERALD Hilo, Hawaii 96720, hereinafter called the Mailing address is 401 Palakiko Street., INC.,a Hawaii (�rporatton, "GRANTORS", and HAWAII EI ECMC I.IGffT COMPANY,office whose principal place of business is 1200 Kilauea Avenue, Hilo, Hawaii, and whose post address is P. O. Box 1027, Hilo, Hawaii 467211 and GTE HAWAIIAN TEUNHONE COMPANY INCORPOA also a Hawaii corporation, whose principal place of business is 1177 Bishop Street, Honolulu, Hawaii, and whose post office address is P. O. Box 2200, Honolulu, Hawaii 96841, hereinafter called 'the "GRANTKES". WITNESSETH: That the by Grantors, in consideration of the sum Of One Dollar 01.00} to them d �e the Grantees, the receipt wher'eu ; hey n:'�•;-u,lerigedt do hereby grant and convey untO ve successors and assigns, a perpetual right and easement to build, construct, Grantees, their respective 4 000194 . reconstruct, rebuild, repair, maintain and operate underground lines and transformer vaults,. and to use such conduits and other appliances and equipment as may be necessary for the transmission and distribution of electricity to be used for light, power and/or communications and control circuits, including the right to trim and keep trimmed any tree or trees in the way of their appliances and equipment, and including also the right of entry upon the premises for the construction, maintenance, repair and operation of said equipment, transformer vaults, and/or underground lines, in order to keep them in efficient use and condition over, upon, across, through and under the premises situate at Punahoa 2nd, off Punahele street, District of South Hilo, Island, County and State of Hawaii, being Lot 6, portion of Land Commission Award 387, Part 4, Section 1, designated parcel 18 on Tax Map 2-3-35, Third Division, State of Hawaii. Said easement being within said Lot 6, all as more particularly shown in red on Exhibit A, attached hereto and by reference made a part hereof TO HAVE AND TO HOLD the same unto the Grantees, their successors and assign, forever. AND THE GRANTEES do hereby covenant and agree each for itself and not for the other that: 1. They will use due cane and diligence to keep the lines, vaults, equipment, facilities, and appurtenances in good and safe condition and repair and will exercise their rights hereunder in such a manner as to occasion as little interference as reasonably necessary with the use of the property by the owners and occupants thereof; and 2. Each of the Grantees agrees to indemnify the Grantors and their successors and assigns for any and all darnages to their property caused by each Granter's own failure to properly maintain and operate said lines and appurtenances as provided in paragraph (1) above and will indemnify and hold harmless the Grantors, their successors and assigns, against all claims, suits and actions by whomsoever brought on account of injuries to persons or property caused by each Grantee's own failure to observe the covenants contained in paragraph (1) above. IT IS HEREBY MZTI'UALLY UNDERSTOOD AND AGREED by and between the parties hereto that: If at any time the premises affected by the easements hereby granted, or any portions thereof or interest therein, shall be takers or condemned by any authority exercising the power of eminent domain, the Grantees shall have the right to claim and recover from the condemning authority but not from the Grantors, full compensation for their easement rights and for any underground lines, transformer vaults, equipment or other facilities of the Grantees, together with severance damages to their remaining easements, including the cost of obtaining and relocating to substitute easement areas payable to the Grantees as their interests may appear. —2- 000195 • IN WITNESS WHEREOF, the parties hereto have duly executed this instrument the day and year first above written. GERAU3 TAKASE ARA TAKASE GRANTORS HELLO Apprpvaw: HAWAII E XCMC LIGHT COMPANY, INC. Lord VVV By Its Assistont 7recsu er By It,S Assistam SecrelclrY GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED GTS FiAWAUAN TEL / tC V lnfrazhucture Pro16isioning j $y Checked✓ ?E3 �^re-zl tlznagcr•,n re ruc u Approves Susan K. Eich^r GRANTEES -3- 000196 0 STATE OF HAWAII ) SS County of Hawaii ) On this 644 day of t %/nc, 14 9 7 , before me personally appeared GERALD TAKA SE and Bfl1?1 ARA TAKASE to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. JILLNAGAO Notary Public Notary 06blic, State f Hawaii STATE OF HAWAII r My commission expires: • • 000197 • :7 STATE OF HAWAII } County of Hawaii ) SS. On this �� day of - , before me appeared PAUL N. FU,nO and J. STORMONT to me personally known, who, being by me duly sworndid say that they are the Assis ,tant Treasurer and Assistant Secretary, respectively, of the HAWAII ELECTRIC LIGHT COMPANY, INC,, a Hawaii corporation, and that the seal affixed to the foregoing instrument is the corporate seal Of said corporation, and that said instrument was signed and seated in behalf of said corporation by authority of its Board of Directors, and said PAUL N. FUJIOKA and W]LrUM J. corporation. STORMONT severally acknowledged said instrument to be the free act and deed for said L.S. k(4641� *NoUmPu, State of Hawaii My commission expires: 8 STATE OF HAWAII ) City and County of Honolulu )SS.) } On this -fth— v — day of�� before.me appeared. Susan K. Eichor ' 19�, to r personally known, who, being by me duly sworn, did say (She is the General tJanager-infrastructure Provisioning of GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Susan KE(chor acknowledged said instrument to be the free act and deed for said corporation. ti(„ Notaryblic, State of Hawaii My commission expires: NOV 2 9 1999 000198 1 0 , ----------------- HANDHOLE -_---- UNDERGROUND LJNEg 5 PT.Y'!ID>; UNpL�R6R IOUNt7 L, SEMENT IN F A\QI9l O ELGO di 6 }}{_ NSk--EMEJtr AREA t 1 t I -11-1; + t t - � t i ! LOT I2 24 F=T. NUDE UNDERGROUND ' EASEMENT IN FAVOR � OP HELLO a GTI+;HAWW TEL, 1 � t � 11 TT" 1!C �N I 2-8-35:Ib , 1 I 1 P-3fET) I j td . �f � P-3xtET) P-4fET1 !45) I G40'1 i \ ddd 3-�SKVA iR0') t- To Nodi St. To Kanwha,4 -i PUNAHELE ST. HAWAII ELEC' I:N(.YHEEi H PAGIM 51TE PLAN PUNAMASI H�i7H SGALE : I".q0' ar.nicaw. i1160p6S a«o•�rro ..a.aa a.i.o. rte- 2-:3-'SS�Ib r-Arl l `5i 1 A 000199 • ADDITIONAL SECURITY tv10RTGAGE AND FINANCING STATEMENT KNOW ALL MEN BY THESE PRESENTS: That in order to comply with the provisions of Sections 506-2 and 506-3. Hawaii Revised Statutes, and the Uniform Commercial Coda and intending to create a mortgage lien under real property law and a security interest under the Uniform Commercial Code, and to further secure and comply with the after-acquircd property clause in that certain Fust Mortgage and Deed of Trutt cxmuted on May 1, 1941, an file in the Office of the Assistant Rcgutrar of the land Court of the State of Hawaii as Document No. 56,114 and recorded in the Bureau of Conveyances of the State of Hawaii, in Liber 1636 at page 139, as the same has been and may hereafter bo amended, hereinafter referred to as the trust mortgage, which said trust mortgage wu yet amended by instrument datod August 12, 1991, on fila as Document No. 1080034. and recorded in acid Bureau of Conveyances to Liber 15745 at page 369, HAWAII FLUCTIIIC LIGHT COMPANY, INC., a HAwnii corporation, whose busurers and post office addtus is 1200 Kilauea Avenuc, Hilo. Hawaii 96721-1027, Mortgagor in said taut mortgage, A transmitting mility, Grantee in the Grant to which this instrument is attached, does hereby grant, bargain, sell, convey transfery auiyyl, mortgage, confirm, warrant, set over and deliver unto HAWAIIAN TRUST COMPANY, LIMITED, a Hawaii corporation. as Sue rfor Trustee for Bishop Trutt Company, Limited. a Hawaii Corporation. whose place of buiiat" is Ili South King Stmet, Honolulu, Hawaii %913 sad whose post office addreas is P. O. Box 3170, Honolulu, Hawxfi 96802-3170. Successor Trustoc by way c merger, effective April 1, 1970, with The Fust Taut Company of Hilo. Limited. the Trustee named in said trust mortgage, as such Trustee undx said trust mortgage, as am=ded, and unto its successors in trust and aligns, all of its right, tido and interest in and to said document to which this instrument is attached Aad in and to the property affected thereby, together with All goods which are or arc to become fixtures thcrcoa and all improvcmeats now or bernRer plaoed thereon, and all additions, Pees and substitutions thereto and therefor, and the rcvcrsions, rants, issues, profits and proceeds thereof. TO HAVE AND TO HOLD the as=, together with 4 rights, C34=='s, privileges and appurtenances theretmtn or to any Pad thereof belonging or appertaining unto the said successor Trustee and its successors in trust and assigns: IN TRUST, NEVERTHELESS, under the trusts and subject to the conditions and provisions, including the defeasance clause sat forth in said taut mortgage, as amended, and as the same nosy from time to time bc=ftcr be xmcudcd. IN WITNESS WHEREOF, " HAWAII ELECTRIC LIGHT COMPANY, INC. has caused these Presents to be In rte corporstc b its proper ot(icera and its corporate sal be hereunto affixed, all at Hilo, County and State of Hawaii, the , day of 19. HAWAII ELECTRIC LIGHT COMPANY, INC. BY Its Acsc�tant Treasurer BY Lr� Its Acciatrnt ire rY STATE OF HAWAII ) SS County of Hawaii ) On thin day of _.. PBui N. Ft1 d%a 19 ,before me appured _ and . Vlrlfi2rT J. ^Rt'r n to me personally known, vi} , being by me duly m, did SAY flat they arc the + ...sten I re�sarc, and Au;,, est Z!' -c"" of y, of HAWAII �LEt'TRIC LIGHT COMPANY, INC., a Hawaii corporation, and that the nest affixed to the foregoing instrument is the corporate sol of said corporation, and that said iastrumart was sib sad --led is behalf affUW corporation by authority of iia Board of Di iar—o , :.^.d naA r — severaIly aeknowhedged acid instrument to be the free act and deed for said corporation. Notary Pub . , Staho o f Hawxri My commission expires: 000200 ------------------------------ ----- .....-......... ADDITIONAL SECURITY MORTGAGE AND FINANCING STATEMENT SOW ALL MEN BY THESE PRESENTS: That in order to comply with the provisions of Section 506-3, Hawaii Revised Statutes, iner seuna the Commercial Code and intending to create a mortgage lien under real property law and a security Uniform Commercial Code, and to further secure and comply with the after-acquired property clause in that certain First Mortgage and Deed of Trust executed on January Is, 1941, on file in the OlBcc of the Assistant Registrar of the Land Court Of Hawaii as Document No. 56,356 and racorded in the Bureau of Conveyances of Hawaii in Liber 1613 at page 310, as the same has been and may hereafter be amended, hereinafter referred to as the truas st mongage, which said trust mortgage was last amended by instrument dated September 27, 1E on file N Document No. 297,144, and recorded in said Bureau of Conveyances in Ltber 4377 at page I, GTE HAWAIIAT3 TELEPHONE COMPANY INCORPORATED, a Hawaii cetrmmitting utility and GSE in thation, whose mailing address is P.O. e GRox ANT Honolulu, Hawaii 96841, Mortgagor in sand trust mongag , transfer, asst mortgage, confirm, to which this instrtunent is attached, docs hereby grant, bargain, sell, convey, TED, assign, moon, having warrant, set over and deliver unto HAWAIIAN TRUST COMPANY, LIMITED, a Hawaii corpo its principal place of business and post office address at 111 South King S Baas ended, and its su Honolulu, Hawaii 6ecessors in Trustee named in said trust mortgage, as such Trustee under said oust mortgage, trust and assigns, all of its right, title, and interest in and to said�documenth are olo r are to instrument then d all in and to the property affected thereby, together with all 8txxis improvements now or hereafter placed thereon, �e�f. additions, purchases and substitutions thereto and therefor, o and the reversions, rents, issues, p proceeds ges and enances TO HAVE AND TO HOLD the same, together1th nto the wide Trustee and uesvccessotr intrust and l rights, thereunto or to any part thereof belonging or appertaining u assigns; ding the IN TRUST,set NEVERTHELESS, SS,trusmortgage. as am amended. d as the same may from dare to time hnd subject to the conditions and pro-Asions. erea ler be defeasance clause amended. IN WI'T'NESS WHEREOF, said GTE HAWAIIAN TELEPHONE COMPANY INCORPORATEDer � resents to be executed in its corporate name by its proper officer and its corporate sMa1 be caused these p {� day of fixed, ally at Honolulu, City and County of Honolulu, State of Hawaii, the ,19. GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED JA � er utMu?e Prmasr�ning Its general Manag STATE OF HAWAII ) City and County of Honolulu ) SS 46A(il.Q� 19�, before me append Sueaa K Eichor On this &y of �d �y that she is the General MaaaQcr - InfraritvtKure :c r *sonaliy known, who being by me duly swrorn, Provisioning of GTE Hawaiian Telephone Carrrpaay incorporated, and that the seal affixed to the foregoing corporate seed in behalf of said al of said corporation and that said instrument was signal and edged ed said instrtunantt to instrument is the rs, of Directoand the said Suam K Eicbor acknow corporation by authority of its Board g be the fine act and deed of said corporation. Notary tic, State of Hawaii N O V 2 9 1999 My Commission expires 000201 R-197 STATE OF HAWAII BUREAU OFCONVEYANCES APR 05, 1996 00.01 AM DOC 110 9a-058266 /8/ S. FURUKAWA REGISTRAR OF CONVEYANCES COVVEYANCE TAX: $100.00 RETURN BY: MAIL ( ) PICK UP TO: Gerald Takase & Barbara Takasc \\/o Long b h,elone EsCrOW, Ltd. `J 20 Pauahi Street, Suite 312 �� Nilo, Ha%aii 96720 94 -5837 -HD nki/TO 081926 TAX MAP KEY (3)2-:5-:5!2-10 • WARRANTY DEEP GRANTOR: KENNETH X. KOIZUMi, husband of Yaeko T. Koizumi, Trustee of the Kenneth K. Koizumi Trust dated November 10, 1981, with full power to buy, lease, convey, sell, andexchange the truss: properties, and YAEKO T. KOIEUI.I, wife of Kenneth K. Koizunii, Trustee of the Yaeko T, Koizumi Trust dated November 10, 1981, with full power to buy, lease, z convey, sell, and exchange the trust properties, both of whosc mei ling address is 14 Waipuna Place, Hilo, Hawaii 96720. GRANTEE: GERALD TAKASE and BARBARA TAKASE, husband and wife, whore mailing address is 401 Palakiko Street, Hilo, Hawaii 96720. • 000202 • Transfer of proven In exchange for money or other valuable consideration, Grantor grants, bargains and sells to Grantee the property described in Exhibit A. Transfer -of -All Property Ri.crhts and Interests Also granted is all of Grantor's right, title and interest in the property. This grant includes, where applicable, rents (right to payments from another person's use of the property), prof its (right to take soil and anything growing on the property), buildings, improvements (man-made changes to the property), easements (right to use someone else's property for a limited purpose like a roadway or for utility lines) and all other rights and benefits belonging to the property. J40G1 Ti1-7,P Th RP RPM Grantee shall take title as tenants by the ontiroty, and the property, property rights and Grantor's promises shall flow to Grantee, their assigns (anyone to whom Grantee gives right, title or interest in the property), the surviving tenant, his or her heirs, devisees, personal representatives and assigns (anyone to whom the law says the property goes to on the surviving tenant's death), in fee simple forever. raptor'& Promises Grantor gives a general warranty of title: Grantor promises to be the lawful fee simple owner and to have the legal right to convey the property. There are no liens, claims or charges against the property except those mentioned in 2 • 000203 • • Exhibit A. Grantor will warrant and defend the foe simple title being conveyed if challenges are made by o'chcrr. Grantor 0.1-1 be responsible for any losses Grantee may suffer in case someone else holds some of the rights being conveyed by Grantor. Grantor's promises are also made on behalf of Grantor's successors in trust and assigns (anyone who the law says, takes over I Grantor's obligations under this Deed). Persons Rererrcd__�a The terms "Grantor" or "Grantee" mean and include the male and female gander, the singular, or plural, and individuals, corporations or partnerships, depending on the situation. ILanatures Granter agrees to avnrythinq that is in this Deed, which is made on MAR 2 9 1994 i9 i XENNETH K. KO zMI Trustee of the Itcnneth K. Koizumi runt dated November 10, 1981 Y p" mKpTZUMT, T sten of the Yaeko T. izumi Trust date November 10, 1981 GRANTOR Approved as to FOIT // -ESTER J. SH1 0 Attorney 4t dLaw 3 000204 • 0 STATE OF HAWAII } SS: COUNTY OF HAWAII ) i On this day of MAR 2 9 1994 19 , before me personally appeared KENNETH K. KoIZUMI, Trustee of the Kenneth K. Koizumi Trust dated November 10, 1981, to me known to be the person described in and who executed the foregoing instrument, and acknowladged that he executed the same as his free act and deed as said Trustee. #rybl o, Sta a of Hawasion/ expi es: OCT 1 1 1995 STATE 01 100"M11 ) SS: COUNTY OF HAWAII ) On this day of MAR 2 9 1994 19 before me personally appeared XAEKO T. KOIZUMI, Trustee of the ; Yaeko T. Koizumi Trust dated November 10, 1981, to me known to be � the person described in and who ©xecuted the foregoing instrument, and acknowledged that she executed the same as her free act And deed as said Trustee. f ' ?aaryPubl .MSta ofHawaissios: OCT 1 1 1995 I 4 I . 000205 • �r • ALL of that certain parcel of land being a portion of L. C. Ax. 387, Part A , Section i, A. B. C. �• �•. R. P- on Confirev{tion Humber 946. Humber 1 to 0• B• , feet northeast of the intersection Of Lymansituated aDDroxivately 300 d Punahele Street at ah 2nd, Puu Honu Street, Komohe6, more fully Street Extension anore fully South Hilo, Island, County and State of Hawaii, and being Lot described as follows' Beginning at the rest corner of this parcel of land alsobeing the enorth corner or Lot 5, the coordinates of said point of beginning 401-, North a Government Survey Triangulation ad to a"jonzirc,uths"measuredbeing clockwise4frometrue South 627.55 feet Hest and running by 1 232° 49' 71,00 feet along the south boundary of Punahele Street; 2 322• 49' 130.00 feet along the southwest boundary of Lot 7; 3. 52' 49' 71.00 feet zlong a portion of Mauna Kea Sugar Co., Ltd., boundary; 4. 142' 49' 130.00 feet along the northeast boundary of Lot 5 to the point spnfdoro0.2121ng an areaof9,230 square • acre. more or less. Being the sam land conveyed by the folloriug: Deed from Kenneth K. Koizumi and Yaeko Koizumi also known as Yaeko T. Koizumi, husband and wife, to Yaeko T. Koizumi, wife of Kenneth K. Koizumi, Trustee of the unrecorded Yaeko T. Koizumi Trust dated November .10, 1981, as to an undivided 37% interest, dated November 10, 1981, recorded in the Bureau of Conveyances in Book. 16007, Page 136. and Dead from Kenneth K. Koizuzi and Yaeko Koizumi also known as Yaeko T. Koizumi, husband and trite. to Kenneth K. Koizumi, husband of Yaeko T. Koizumi, Trustee of the unrecorded Kenneth K. Koizumi trust dated 1981 , recorded9in, as to an the Bureauuof�Conveyaivided ncesninrBook 16007,iteest, dated Hpageber 14010, I LU n u 000206 I SUBJECT, WWM V. 1. Restrictive covenants in peed dated June 23, 1967, recorded in the Bureau Of Conveyances in BooK 5762, Page 421, to—wit: (a) No dwelling house shall be erected upon said premises which shall contain less than 1,040 square feet of ground floor area, exclusive of servants' quarters. garage, storage space. workshop, verandas and open porches. (b) No used or secondhand number shall be incorporated in the construction of any improvements erected upon the above described premises, nor shall any building be placed or re—erected upon said premises which shall previously have been erected in another location; no trailer or 4quanset" type of building shall be Erected, • placed or maintained upon said premises. • 000207 R-806 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED MAY 26, 2006 08:01 AM Doc Nosy 2006-099020 111llllllflllllllllllill�l�llllllllll�l REGIst CARL T. WATANABE ISTRAR OF CONVEYANCES 26 111 ZS CTax (15): $150.00 LAND COURT SYSTEM ( V REGULAR SYSTEM Return by Mail (x ) Pickup ( ) To: AAO Punahele Professional Bldg 2 Kamehameha Ave. Hilo, HI 96720 Total Pages: *&2 6 Tax Map Key (3)2-3-035:018 AGREEMENT OF SALE • THIS AGREEMENT made'thisS day of 2006, by and between L� GELOCAG, a Hawaii partnership, whose principal place of business and mailing address is 287 Kanoelani Street, Hilo, Hawaii 96720,1ereinafter called the "Seller," and ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING, whose mailing address. • is 2 Kamehameha Avenue, Hilo, Hawaii 96720; hereinafter called the "Purchaser"; WITNESSETH: That the Seller hereby agrees to sell to the Purchaser as a tenant in severalty, and the Purchaser hereby agrees to purchase in such. tenancy from the Seller, for the consideration stated below and on the terms, covenants, and conditions contained in this Agreement, and subject thereto, all of the real property described in Exhibit A attached hereto and made a part hereof by reference, subject to the encumbrances noted therein or made or suffered hereinafter by the Purchaser. 000208 I. Terms of Purchase and Closing. 1.1 THE TOTAL PURCHASE PRICE shall be ONE HUNDRED.THOUSAND AND N0/100 DOLLARS ($100,000.00) which the Purchaser agrees to pay to the Seller in United States dollars as follows: 1.2 The purchase price, being the sum of $100,000.00, together with interest thereon and on the unpaid balance thereof remaining from time to time at the rate of six percent (6%) per annum from January 1, 2006, until fully paid as follows: 1.3 Principal and interest shall be -payable monthly, commencing on the 1st day of January, 2006, and on the lst day of each month thereafter, which amount on the original balance shall be ONE THOUSAND FOUR HUNDRED SIXTY AND 86/100 DOLLARS ($1,460.86), said payments to continue until the 1st day ofDecember, 2012, or until fullypaid, at which date there shall be due a final payment to include any and all principal and interest then owing. 1.4 Each of said monthly payments shall be applied toward the obligations of the Purchaser under this Agreement in.the following order: First, the interest on unpaid principal; second, to late fees and charges; and the. balance, if any, thereof shall be applied toward principal. 1.5 The Purchaser shall have the right to prepay any part of the outstanding balance • hereof in any calendar year without penalty. If additional principal payments (minimum of $100.00) are made, later monthly payments will not be deferred, but will be reduced to reflect interest on the • declining principal balance. If the principal balance under this Agreement is reduced to the principal balance due -on the mortgage (if any) described.in Exhibit B, all fmx her principal payments shall be applied to repay the mortgage, thus reducing both balances equally. The principal balance due under the mortgage shall not exceed the principal due under this Agreement. 1.6 The Seller shall deliver possession of said premises'on closing to the Purchaser and .the Purchaser shall thereafter quietly enjoy possession of the premises and all rights, privileges,. easements and appurtenances thereto and all rents, issues and profits thereof unless and until the Purchaser shall cause or permit any default with respect to any of the.. terms, covenants and/or conditions herein contained and'to be observed and/or performed by the Purchaser. 1.7 Assessments against the property, if any, shall be paid by Seller at closing. All other assessments, real property taxes, lease rents (if said property be a leasehold), insurance premiums, sewer and water rates, condominium maintenance fees (if any) and all other taxes, 2 11I0U10461*7 charges and similar impositions pertaining to saidpremises are to be prorated between the Purchaser • and the Seller at closing, and thereafter shall .be paid directly by the Purchaser, as set forth in subparagraph 3.1 hereof 1.8 Final Closing. The date upon which final payment of the Purchaser's obligations hereunder is made shall be the date of final closing hereof and the final payment by the Purchaser shall be made as a part of a final closing (or final. escrow if the parties so. agree) in which all of the performances due from each of the parties shall be required to be made simultaneously. H. Covenants of the Seller. THE SELLER, in consideration of the premises, the payments made and to be made by the Purchaser and the covenants herein contained of the Purchaser, covenants and agrees: 2.1 4uiet Possession. The Seller does hereby covenant that the Purchaser shall quietly enjoy possession of the premises from and after the date of possession as set forth hereinabove, so long as the Purchaser shall observe and perform all of the Purchaser's obligations hereunder. If the,property is a condominium, the Purchaser shall be entitled, from and after the date hereof, so long as the Purchaser shall perform all of the Purchaser's obligations hereunder, to exercise all of the voting and other rights appurtenant to said property. • 2.2 Title. At the time of final closing hereof and full payment of all sums herein provided to be paid and the observance and/or performance.by the Purchaser of all terms, covenants and -conditions herein contained and by the Purchaser to be observed and/or performed, the Seller shall convey and.deliver title to the property to the Purchaser in the aforesaid tenancy. The Seller Will at the'Seller"s expense cause to be promptly executed and delivered with all necessary consents to -the Purchaser: 2.2.1 A warranty deed of the property or an assignment of lease if the property is .leasehold.or other_appropriate conveyance. document, and 2.2.2 A document sufficient to convey title to all personal property covered hereby (if any) to the Purchaser. All such documents shall convey all of the aforesaid property to the Pru -chaser free and clear of encumbrances except as specifically set forth in Exhibit.& subject, however, to the provisions of subparagraph 8.4 hereof, and except as shall have been made, suffered or permitted by the Purchaser from and after the date hereof, and shall fiu-ther be in a form acceptable for recording 000210 in the Bureau of Conveyances of the State of Hawaii and/or filing in the Office of the Assistant Registrar of the Land Court of the State of Hawaii, as applicable. 2.3 Evidence of Title. If requested by the Purchaser, the Seller shall further deliver to the Purchaser as part of the final closing hereof at the Purchaser's expense a policy of title insurance or a certificate from a reputable title company doing business in the State of Hawaii, insuring or certifying the Purchaser to have marketable title to the property, except as aforesaid. M. Covenants of the Purchaser. THE PURCHASER, in consideration of the premises and the aforesaid agreements by the Seller, hereby covenants and agrees: 3.1 Taxes, Assessments and Other Charges. That the Purchaser will pay directly or shall reimburse Seller, if paid by Seller, all real property taxes and all assessments of every kind and all sewer and water rates, lease rents (if any) and condominium maintenance fees (if any) and all other -taxes, charges and similar impositions which shall, after the date of proration set forth herein, be legally payable upon or with respect to said premises, or the use thereof, whether charged against the Seller or the Purchaser, and the Purchaser will hold the Seller fully harmless therefrom. 3.2 Insurance. That the Purchaser will insure and keep insured against loss or damage by fire (directly or, if applicable, through the association of condominium owners pursuant to 514A-86, Hawaii Revised Statutes) -with fire and extended peril coverage (with inflation guard) all improvements now on or hereaft built or placed uponsaid premises in an amount at least equal to the full replacement cost of any improvements, comprehensive public liability insurance as customarily provided for similar property. in Hawaii for homeowner's insurance and flood insurance, if the premises are within the Flood Zones. eligible for Federally subsidized flood insurance; except as way be otherwise expressly provided. in the lease.. if the property is -a leasehold. NOTICE. IS- ..HEREBY S..HEREBY GIVEN:THAT_PURCHASER MAY. OBTAIN ANY.INSURANCE REQUIMED HEREIN FROM ANY INSURANCE COMPANY AUTHOREED TO DO BUSINESS IN THE STATE OF HAWAII. In the event of loss or.damage the proceeds of all.such insurance shall be used for the purpose of the immediate repairing and/or rebuilding of all buildings or other improvements which . may be destroyed or damaged, except as otherwise expressly required in the lease if the property is a -.__leasehold.. All such. policies shall be made out in the names of -tie Seller, the Purchaser, and proceeds shall be payable_as their respective interests may appear.. Current certificates or other 000211 evidence of such insurance shall be provided to Seller. In the event of payment or collection of proceeds under any such policy either party may require that the proceeds of such insurance shall be paid to any reputable trust institution doing business in Hawaii to be disbursed as the interests of the parties may appear. 3.3 Consent to Assigretc. That the Purchaser shall not sell, assign, transfer or encumbez the premises or this Agreement or enter into a subagreement of sale without Seller's consent, which consent shall not be unreasonably withheld; provided, however, that it shall be reasonable for Seller to withhold consent to Purchaser's sale of interests hereunder based upon Seller's review of the financial condition and payment capacity ofthe new buyer and Seller shall not change any of the teams of this Agreement, nor charge a fee for Seller's consent, except an amount to cover the reasonable costs of preparation and processing not to exceed $100.00. An assignment of this Agreement with Seller's consent shall not relieve the Purchaser.of liability hereunder unless released by the Seller, which release Seller agrees to give if the Assignee has the financial ability to perform the obligations of the Purchaser hereunder. Purchaser agrees to deliver a copy of any such agreement of sale, lease or assignment document to the Seller. At the Seller's option, it may cancel this Agreement, rather than allow the sale, assignment or transfer of this Agreement, in accordance • with Section 5.2. 3.4 Place of Payments. All payments to be made to the Seller at the address herein, or such other place as the parties may agree. 3.5 Payments Made at Option of Seller. That if the Purchaser shall fail to pay any taxes, assessments, rates and/or charges, or shall fail to make any other payments required hereunder to be made by the Purchaser or shall fail to effect and keep in force all insurance or improvements as required by this Agreement, the Seller may pay or effect the same and recover from the Purchaser ...upon demand:all.sums p.aid.thereforby the Seiler.with interest thereon at therate of interest provided for interest on principal in subparagraph 1.2 of this Agreement. If such sums are not paid on demand, all such payments so made by the Seller may at the option of the Seller be added to and considered as a part of the purchase price of the premises. 3.6 Repairs.. That _the Purchaser will substantially repair, maintain, and keep all buildings and all other'improvements now on of hereafter erected or placed upon said premises in good repair, order and condition, and shall keep repaired any personal property sold hereunder and 5 000212 replace any such property if damaged or removed with equivalent property of equal or greater value. • 3.7 No Unlawful Usage; No Waste. That the Purchaser will not use said premises or allow any other person to use said premises for or in connection with any unlawful purpose, and will not commit or suffer any strip or waste of the premises or any improvements. 3.8 ComRliance with All Laws. That the Purchaser will faithfully observe, perform and abide by all laws, governmental ordinances, rules and regulations applicable to said premises, including but not limited to all lawful requirements of any health authority operating within the county or city and county in which said property is located. 3.9 Attachment. That the Purchaser will not commit any breach of any covenants or conditions herein contained or do or suffer any act or negligence whereby said premises or any interest therein shall become liable to seizure, lien or attachment upon mesne or final process of law whether in bankruptcy, reorganization, rearrangement, assignment for benefit of creditors, foreclosure, or otherwise. IV. Mutual Agreements, Obligations and Covenants. AND, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 4.1 Title. That legal title to the property shall remain in the Seller until the Purchaser ahas fully paid, observed and performed all considerations and all terms, covenants and conditions herein contained on the part of the Purchaser to be paid, observed and performed, and thereupon shall be conveyed to the Purchaser. .4.2- Risk of Loss. That the provision of Chapter 508 of the Hawaii Revised Statutes, as amended from time to time (the Uniform Vendor and Purchaser Risk Act) is by this reference' incorporated herein and made a part hereof for. all purposes.. -4.3 Alterations; Improvements. That.the Purchaser shall riot, without the -prior written consent of the.Sellei, make; build; or construct:any improvetnentsior, alteratioa�s on grto-the property. Seller may inspect plans .and specifications `anis .may condition Seller's consent on. Purchaser's obtaining . the. necessary zoning; '- required building permit, required consents.. of Condominium Owner's .Association (if any), lenders (if any), or lessors (if any), and evidence of Purchaser's adequate financing or banding to pay for the improvements. 4:4spection. That upon the giving of reasonable notice in writing, the Seller shall have the right to make reasonable inspections. of the -property to determine whether the Purchaser is I 000213 complying with this Agreement. 4.5 Condemnation. That in case the said property, or any part thereof, is condemned, either the Seller or the Purchaser, or both of them, may appear and defend any condemnation suit, and all proceeds paid to the Seller and the Purchaser shall, except as otherwise expressly required in the lease ifthe property is a. leasehold, be applied first to payment of costs and a reasonable attorney's fee for the Seller in such condemnation suit and second to the payment of all moneys owed by the Purchaser to the Seller hereunder; and the surplus remaining shall become the property of the Purchaser. No condemnation shall constitute grounds for rescission of this Agreement. 4.6 Costs and Attorney's Fees. That if any party hereto shall ever be in default with respect to this Agreement, and the otherparty shall incur costs or employ an attorney to make any demand or to otherwise protect or enforce its rights herein, the party in default shall pay all costs and expenses incurred by the other party, including costs of courtand a.reasonable attorney's fee. 4.7 Consents. That wherever the consent of either party is required herein, such consent shall not be unreasonably withheld or delayed, or withheld or delayed to obtain -the payment of money or other consideration; except the reasonable cost of processing such consent, which cost shall not exceed $100.00. 4.8 Assi went of Rents.. The Purchaser shall have the right to rent or lease the property -from time to time to tenants on the following conditions: The tenant shall acknowledge in writing the Seller's interest in the property and shall agree to pay to the Seller the rent due or becoming due from the tenant to the Purchaser upon receipt of a notice from the Seller that the Purchaser has defaulted under this Agreement: The Purchaser hereby assigns to the Seller all ofthe rents from the property until satisfaction of this Agreement: However, so long as there is no default under 'this Agreement, the Purchaser may collect the rents for the Purchaser's own account, but*this ..p.ermission_term'nates_imumediately..upon.default_by.the.Purchaser.. This.assigr mentafrentsbytlie ._...... Purchaser is not intended as a'security interest, but is. an absolute assignment conditioned only -on whether the Purchaser defaults under this Agreement or. performs all of the Purchaser's obligations hereunder.. The Purchaser agrees that in the event of any default by the Purchaser, the Seller, by notifying.the tenant, shall be entitled to collect the rents from the tenant. Any rents collected by Seller shall be applied first to payment of the cost of management of the property and collection of such rents, including, but not limited to, reasonable attorneys' fees and then to the sums owing under 000214 • this Agreement. Rent paid to the Seller by the tenant will be deemed to have been paid to the Purchaser for purposes of the tenant's lease or rental agreement: V. Seller's Remedies Upon Default of Purchaser. If any payment of money due is not made within ten (10) calendar days after the date when the same shall be due and payable, the Seller shall be entitled to charge a reasonable late fee per default not to exceed ten percent (10%) ofthe late payment, or the amount of any late fees, if, by reason of Purchaser's late payment, Seller shall become liable for any such late fees or penalties, whichever is greater. All moneys (other than interest) not timely paid by the Purchaser shall bear interest at the rate of interest charged on principal in this Agreement from the date due until paid. In addition, if -the Purchaser shall fail to pay any of the said installments of the purchase price and/or interest as aforesaid or shall fail to make any other required payment when the same shall be due and payable as aforesaid, or shall fail to faithfully observe or perform any term, covenant, agreement or condition herein contained and on the part of the Purchaser to be observed and/or performed, then, and in any such event, if the Purchaser, after receiving notice from the Seller of such default, shall not cure the same within ten (10) days thereafter, then the Seller may at the option of the Seller exercise any one or more of the remedies hereinafter set forth in this Article V. If any nonmoney default is capable of being cured but cannot be cured within thirty (30) days, no default shall be deemed to have occurred if the Purchaser shall commence within said period to cure the default and shall thereafter diligently pursue such cure. Notwithstanding the foregoing, ifthe Purchaser (or any of them if there be more than one) shall become bankrupt or insolvent, or seek protection under any provision, of any Bank uptcy Act, or make any assignment for the benefit of creditors, or if the Purchaser shall abandon or threaten to abandon said premises; or suffer. the premises to be taken under any writ_ of execution or other legal process, the Purchaser shall thereupon be deemed to be in default .and -the Seller shall .immediately without fiuther demand or notice have .the right to: the remedies set forth in this Article'V. The Seller shall be entitled to 5.1 Suit for Money. The Seller may declare. the entire unpaid balance of saidpurchase price, including interest thereon, and all advances made by him to.become forthwith due and payable withoutnotice or demand, and may institute suit against the Purchaser to recover all amounts due hereunder, and all moneys theretofore advanced by. the Seller on account of said property pursuant to the provisions of this Agreement and the costs *of such suit, including a reasonable attorney's fee on 8 000215 • account thereof. 5.2 Foreclosure by Repossession. The Seller may cancel this Agreement by giving written notice thereof to the Purchaser and may file or record any document noting such cancellation in the Land Court or in the Bureau of Conveyances of the State of Hawaii, or may institute any legal action to cancel this Agreement, in which event the Purchaser shall pay all costs, including reasonable attorneys' fees incurred by Seller. Upon the cancellation of this Agreement, the Seller may retain all payments made by the Purchaser in settlement of any depreciation of value of the property and as and for the Seller's inability to sell the property free and clear to a third party while said property was in the possession of the Purchaser and as and for an agreed upon rental for the use and possession of said property and as liquidated damages, but shall not retain such amount as would constitute an unreasonable and excessive liquidation of damages under the circumstances. If the Seller shall return to the Purchaser cash in the amount in excess of a reasonable liquidation of damages of the Seller in the circumstances, neither retention of the remainder, nor cancellation of the Agreement shall be.deemed an unreasonable liquidation of damages or a penalty. For purposes of determining the reasonableness of any liquidation of damages, the interest and equity of the Purchaser in and to the property and this Agreement- shall be considered, and shall be deemed to equal the market value of the property from time to time less all amounts owed by the Purchaser to. the Seller under this Agreement. The. Seller may immediately take possession of the property and summarily ej ect the Purchaser and anyperson or persons having possession of the said property by, through, or under the Purchaser, all without service of further notice or legal process, and without liability for damages therefor. .In .thp event the Purchaser, or any person or.persons claiming by, through or under him shall remain in possession of the property after such cancellation, the Purchaser, or such.person or persons, shall be deemed a tenant or tenants -at -will of the Seller and the Seller shall. be _entitled to institute an action for summary possession thereof, and may recover from the Purchaser or such person or persons in any. such proceedings the fair rental value of the property as and for the use thereof from and after the date of cancellation, plus costs, including a reasonable attorney's fee. And the Purchaser hereby irrevocably appoints the Seller as his attorney-in-fact, with full power of substitution, to mare, execute and deliver, for and in the name of the Purchaser, and; as his free act and deed, any and all instruments necessary or desirable for xeinoving any cloud on the 0 000216 title of the Seller in and to the said property caused by the recording or existence of this Agreement. The power thus given may exercised only if the Purchaset shall be in default and this Agreement is cancelled as hereinbefore described. 5.3 Foreclosure by Sale. The Seller may sell said property at public auction, at such time and place as he shall determine, afterpublishing a Notice of Sale in a newspaper having general circulation in the State of Hawaii, once a week for three (3) consecutive weeks, the last publication being no less than fourteen (14) days prior to the date of sale. And he may, either as attomey-in-fact for the Purchaser, and for that purpose hereby irrevocably constituted and appointed, or in his own name make, execute and deliver to the buyer or buyers at such sale a good and sufficient deed or assignment of lease, as the case may be, to the property herein described free and clear of and from all the provisions of this Agreement, and said Seller may purchase the said property or any part thereof at any such sale; and any such sale shall forever bar the Purchaser and all persons claiming under him.from all right and interest in said property, both at law and in equity. Out of the proceeds of such sale, the Seller may retain the unpaid balance of the purchase price, together with accrued interest thereof, all advances and expenditures made, and. all costs and expenses of such sale, ineluding.an auctioneer's fee of five percent (5.0%) of the highest bid at such sale and a reasonable Sattorney's fee. If a surplus shall result from any such sale, such surplus shall be paid to the Purchaser, and if a deficiency shall result therefrom, the Purchaser shall pay the Seller the amount of such deficiency upon demand, and in default of such payment, the Seller shall have the right to institute suit therefor against the Purchaser, and the Purchaser hereby agrees to pay the amount of such deficiency and the costs of such suit, including a reasonable attorney's fee on account thereof 5.4 Retention of Premises by Purchaser. In the event that this Agreement is cancelled as herein provided; or in any manner.permitted by law, or by mutual agreement of Purchaser and Seller, .and.Purchager_shall_thereafter remain:in.possession of the premises, Purchaser agrees that he shall be conclusively presumed to be a tenant -at -will, subject to all laws applicable thereto, and shall be obligated to pay during the period of such tenancy a.fair rental value of said property and the Seller shall have all remedies for. the collection of such rent and for recovering the possession of said . property that are available to landlords under the laws of the State of Hawaii, including the right to institute an action for summary possession as provided by Chapter 666 of the Hawaii Revised Statutes, as amended from time to time. In the event the installment payments on account of the 10 000217 purchase price to be made hereunder are computed on other than monthly intervals, the installment payments hereunder. shall be reduced to monthly amounts and rent shall be computed in the aforesaid manner. 5.5 No cancellation of this Agreement shall be valid if it would result in an unconscionable forfeiture of the Purchaser's interest in said property. . 5.6 Mandatory Sale. If at the time of his default the Purchaser shall have paid to the Seller two-thirds (2/3) or more of the purchase price set forth in this Agreement, then and in that event, the Seller, notwithstanding any provisions herein to the contrary, shall be required to sell the Purchaser's interest in and to this Agreement and the property herein described'by public auction pursuant to the terms of paragraph 5.3 or 5.7 hereof. 5.7 Seller's EIection to Treat Agreement as Mortizage. The Seller may . sell said property, or any portion or portions thereof as if the Seller were a mortgagee of said property, by judicial We or at public auction under power of sale, in the manner provided from time to time by Hawaii statutes relating toforeclosure of mortgages. In so doing, the Seller may make, execute. and deliver as attorney-in-fact for the Purchaser herein (for which purpose the Seller is hereby irrevocably -constituted and appointed with the power of substitution) to the purchaser or purchasers at such sale or sales a good and sufficient instrument conveying said property free and clear of the provisions of this Agreement.. The Seller may purchase said property or anypart thereof at any such sale or sales, and any such sale shall forever bar.the Purchaser herein and all persons claiming under the Purchaser herein from all right and interest in said property both at law and inequity. The buyer upon any such foreclosum sale.shall not be required to see to the application of the purchase money, or to inquire into the propriety of the Seller's exercise of the power of sale herein given. The pro-_ ceeds of We or sales shall be applied as follows: first, to the costs andexpenses of the sale, to with a reasonable attorney's, fee the Seller's attorney; second, to thepaymerit of all ilisbtttsements that maybe made by the Seller.in respect of the said property, including taxes and insurance therebn and repairs thereof and other outgoings; third, to the payment of the balance of the said purchase price and interest then remaining unpaid; and finally, the balance, if any, shall be paid to the Purchaser. If the moneys received from any such sale or sales shall be insufficient to make all payments hereinabove mentioned, the Purchaser shall be liable to the Seller for such deficiency out of the Purchaser's' own money, and 'the Seller shall have the right to snake demand, and if riot 000218 satisfied, to sue. for and recover such deficient amount. The Seller may pursue any one or icombination of the foregoing or any other or further legal or equitable remedies available to the end that the Seller shall be made whole. The pursuit of any one or more of the remedies set forth above shall not constitute an election or waiver of the Seller's rights to enforce any other remedy for any default on the part of the Purchaser. VI. Remedies of the Purchaser. In the event the Seller shall breach or default any covenant or obligation of the Seller hereunder the Purchaser, if not then in default, may bring an action against the Seller for specific performance of this Agreement and/or pursue such other legal remedy as shall be allowed at law or in equity, all toward the end -of making the Purchaser hereunder whole. If the Seller shall become bankrupt or insolvent or. if any receiver, trusteeor controller is appointed to supervise or receive the property of the Seller under any federal or state bankruptcy or insolvency law, all of the legal title of the Seller to the propertysold hereunder shall at such time vest in and be the title and property ofthe ...Purchaser, subject to a purchase money mortgage in the Seller for the balance of the moneys owed by 'the Purchaser to the Seller hereunder, -and the Seller's remedies hereunder shall be limited to the remedies of a -mortgagee. • VII. Construction of Agreement. 7.1 Binding Effect.. These presents shall be binding upon. and shall inure to the is benefit of.the.parties herein named and their respective legal representatives and such successors in interest. 7.2 Definitions. The word "Purchaser," and any pronoun in reference thereto wherever used herein, shall be construed to mean the singular and/or the plural, the masculine or.the feminine or the neuter, and vice versa, as the context mayprovide. Where the term "Purchaser" shall include more. -than one .persori, ,such, as but not ..limited _to_husband and wife. then each such person „ shall. be* individually, jointly and severally bound and liable with respect to all of the terror; covenants, conditions and remedies provided: for throughout. this Agreement. That the words "premises" and/or "propW' wherever used herein or where the context so admits or requires shall be construed to mean and. shall include the real property as hereinabove particularly described and 12 000219 all buildings and improvements situate or built or placed on the land described therein, and all rights, • easements and appurtenances used, occupied, or enjoyed in connection therewith. 7.3. Headings. All headings used in this Agreement are for reference convenience only and are not to be construed as limiting in any manner the content of any paragraph or particular provision. 7.4 Entire Agreement.. This Agreement shall constitute the entire agreement between the parties and shall not be modified except by an instrument in writing signed by all of the parties. 7.5 Notices. Any notice given by either party pursuant to this Agreement shall be valid if in writing and personally delivered or if sent by registered mail, return receipt requested, postage prepaid, to the last Down address of the other party. Such notice shall be effective upon such personal delivery or two (2) days after such mailing.. Either party may, at any time and from time to time, in the manner set forth for the giving of notices, give notice to the other party hereunder of any change of address, and -such address shall be sufficient as the last ]mown address of the party hereunder. 7.6 Severability. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect the validity, tlegality or enforceability of any other provision hereof. 7.7 Time. Time is of the essence of this Agreement. • 7.8 Tenancy of Purchaser. All rights,' title. and interest of the Purchaser in and to this Agreement and the property shall be deemed to be.held by the Purchaser, and each of them, in the tenancy set forth hereinabove, and upon final closing hereof title documents in and'to the property shall be delivered in form showing said tenancy. VIII. Mortgages of Property by the Seller. 8,1... Existing, Mortgag_es..._There. are currently no existing mortgages... . 8.2 Right of Inquiry. The Seller hereby expressly grants to the Purchaser and the Collection Agent (if any) named in subparagraph 3.4 hereof, the irrevocable right to ascertain from . time to time from the mortgagee (or secured party) under any mortgage secured by the property sold. hereunder or by this Agreement whether now existing or hereafter entered into by the Seller, whether all payments required to be paid under the terms of any such mortgage and/or security agreement and . any obligations thereby secured are being paid and whether all other obligations under any such 13 000220 mortgage and/or security agreement or secured thereby are being fully performed. i8.3 Right to Substitute Performance. If and whenever any such payment or other obligation is not timely paid, observed or performed, the Purchaser is hereby irrevocably authorized by the Seller to cure any such default and/or to make all payments required under the terms of this Agreement, directly to the mortgagee, or its successors and assigns, said payments to be applied on account of said obligation in accordance with the terms thereof, and all payments of money made by the Purchaser to the mortgagee hereunder shall be applied to the Purchaser's obligations hereunder in the _order set forth .in subparagraph 1:4 above. The balance due on all mortgages secured by the property shall not at any time be permitted to. exceed the balance owed by the Purchaser hereunder; and to the extent th4t any payment by the Purchaser would cause such to occur, such payments shall be payable to the mortgagees under all such mortgages. 8.4 Release or Assumption of Mortgages on Final Closing. The Seller does hereby. represent and warrant that the Seller shall not increase any existing mortgage or enter into any new mortgage of the property without. the Purchaser's consent, but shall in any event pay in full any obligation secured by any such mortgage or security agreement and shall obtain and record a release of the same prior to or upon final payment by the Purchaser of its indebtedness hereunder, as a part of the final closing, unless the Purchaser assumes any such mortgage in lieu of payment of the assumed indebtedness by reducing the principal balance due under this Agreement to that under such .mortgage, subject, however, to the mortgagee's consent if such consent is required, provided, however, that Seller shall remain contingently liable unless the mortgagee releases Seller from such liability, and provided, further, that if said mortgage(s). are VA loans, Purchaser's eligibility shall be substituted for Seller's VA eligibility, and Purchaser shall pay all costs relating to the assumption of said mortgage(s). shall make no other or further marta e, or hypothecation of the premises, or increase of any existing mortgage without the prior written consent of the Purchaser, and any such other or further mortgage or hypothecation without such consent shall be .void. Upon .such further mortgaging or any hypothecation of the Seller's rights under this Agreement; with.theprior written. consent of the Purchaser, (i) the rights of the Purchaser under this Agreement with respect to the property shall be superior to the rights of the mortgagee and upon full performance hereof by the Purchaser, the title to the property conveyed to the Purchaser hereunder 14 . 000221 shall automatically be free and clear of any such mortgage or security interest, and (ii) the mortgagee shall agree upon fu1I performance hereof by the Purchaser to deliver to the Purchaser a good and sufficient release of such mortgage or security interest to further evidence the termination of the interest of the mortgagee, and (iii) within thirty (30) days of the filing of any such mortgage, a true copy thereof shall be delivered to the Purchaser in the manner required for the giving of notices hereunder. 8.6 Hypothecation of Agreement. The Seller may hypothecate Seller's interests in this Agreement, so long as prior written notice and a copy of all of the documents evidencing such hypothecation are given to the Purchaser hereunder, and the secured party is required to give imme- diate notice to the Purchaser hereunder of any default ofthe Seiler in any obligation under any such document or the obligation secured thereby. 8.7 Counterpart. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts: For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and . unacknowledged pages ofthe counterparts maybe discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written: GELOCAG 000222 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 22 11 • • 000223 • THIS PAGE IS INTENTIONALLY 0 LEFT BLANK • 000224 0 • 000226 • TRIS PAGE IS • INTENTIONALLY LEFT BLANK • 000227 • • 000229 i 000230 2w CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 23 1 'Stephen K. Yamashiro Mayor • 0 November 6, 1996 14 PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • HiIo, Hawaii 96720-4252 (808) 961-8288 • Fax (308) 961-9615 Mr. Bruce Hansen Concept Construction, Inc. 235 Waianuenue Avenue Hilo, HI 96720 Dear Mr. Hansen: Final Plan Approval: Virginia Goldstein Director Norman Olesen Deputy Director, ALLEN TAKASE, M.D. Rehabilitation Hospital of the Pacific Interior Building Alterations Building Construction Plans/B.P. Tax Map Key: 2-3-015:016 por. The Application For Plan Approval, building construction plans for the proposed interior alterations, and building permit were received on October 4, 1996 and reviewed under Plan Approval of the Zoning Code. The approved Final Plan Approval sheet dated November 1, 1996 is enclosed for your client's file and includes the following final plan approval conditions: 1. Ordinance No. 95 33: The applicant, it successor, or assigns be responsiule with all stdLed conditions of Ordinance No. 95 33 and requirements stipulated by subdivision application 96-055. construction of the proposed commercial development shall be completed on or before March 7, 2000. 2. Building Setback(s): Pursuant to final plan approval dated October 30, 1996, the subject parcel contains 76,677 square feet. The plans submitted, will occur with the proposed building's shell (B.P. 961531) will be situated in excess of a minimum building setback of 50 feet from the existing northwestern property line. In addition to the building's shell and interior building alterations, the applicant will install a 000231 Mr. Bruce Hansen Page 2 November 6, 1996 paved parking lot and landscaping improvements within a portion of the existing parcel. There is an emphasis to establish and maintain specific landscaping materials to mitigate any adverse noise or visual impacts to the adjacent residential properties along Punahele Street and the common boundary or the parcel's northwestern property line. The placement and location of large on-site refuse container(s) shall be situated adjacent to the proposed building to afford accessibility for access, maintenance, and periodic service. The placement and location of compressors, and other machinery (i.e. exterior air conditioner(s), air compressors, and electrical/mechanical equipment placed on the ground or on the building walls and roof, etc.) shall be placed behind and along the building shell on the "puna" side to minimize visual, and noxious noise and odor impact(s) to the adjacent residential properties along Punahele Street and other surrounding use(s). ® 3. Height of Structure: The proposed building improvements shall not exceed forty (40) feet. 4. Access: The access to the proposed rehabilitation building and driveways from the Pu'uhonu Place right- of-way shall take into account sight distance requirements at the proposed access. The development shall consider the location of existing roadway and on- site drainage improvements to accommodate safe ingress/egress for re ul r vehicles a: --d am«-erger cy vehicles/trucks. 5. Off -Site Komohana Roadway Improvements: Pursuant to letter dated October 9, 1996 in file REZ 781, a check for $8000 in compliance with Condition F of the Ordinance No. 95 33 was received and forwarded to the County Director of Finance for deposit into the Capital Projects Fund as a private contribution. 6. Off -Street Parking: The applicant shall provide a minimum of five (5) off-street parking spaces for each professional practitioner on the subject parcel prior to issuance of the Certificate of Occupancy for the establishment of any commercial use on the subject 000232 may`} Mr. Bruce Hansen Page 3 •November -6, 1996 parcel or existing property. Pursuant to your discussion with staff on November 1, 1996, the interior alterations are for one (1) professional practitioner_ Other off-street parking stall requirements are: a. Each standard stall shall have a minimum width of nine (9) feet and a minimum length of eighteen (18) feet; b. Each compact stall shall. have a minimum width of eight (8) feet and a minimum length of sixteen (16) feet. C. All required parking stalls shall be individually accessible and paved with an all weather dust free surface; d. All 90 degree (perpendicular) stalls shall have a minimum 24 -foot back up aisle space; The required and designated handicapped parking space or -stall shall have a minimum width of thirteen (13) feet and minimum length of eighteen (18) feet or. 10 accessible parking stalls, access aisle(s) and accessible route(s) to an accessible building entrance shall comply with the Americans with Disabilities Act (ADA) guideline(s). 7. Landscaping: The applicant/owner(s) shall install the CRM retaining wall and chainlink (black vinyl coating) fencing denoted and planting materials shown on the approved revised Landscaping Plan dated October 29, 1996. The applicant/owner(s) shall install, establish, and maintain the proposed landscaping buffer being a continuous, unbroken, heavy planting screen buffer consisting.of "podocarpus", no less than six (6) feet in height, along the subject property's common boundaries with adjoining single family properties along Punahele Street or within and along the parcel's entire northwestern property line prior to issuance of the. Certificate of Occupancy. Subsequent to the issuance of the Certificate of Occupancy for any portion of thecommercial development the applicant, its successors, or assigns shall maintain the approved and required landscaping material and landscape buffer in a healthy and attractive state. 8. Flood Zoning: The affected portion of the subject parcel is designated "X" by the FIRM. The on-site drainage improvements shall comply with the Department of Public Works, Engineering Division requirements. 000233 Mr. Bruce Hansen Page 4 • November 6, 1996 9. Business Sian and Directed Lighting: The location and size of permitted signs shall comply with County Sign Ordinance and no directed lighting exterior lighting may be installed or used which is directed into the sky or toward any structure or land beyond the property lines. The prints or sheet nos. T and A-1 dated 118/26/96" received on November 1, 1996 were incorporated into the plan approval file for the record and future reference. In view of the conditions above, we approved three (3) sets of building construction plans for the proposed interior alterations and the building permit application and returned same to you on November 1, 1996. Thank you for your patience and understanding. Any questions may be directed to William Yamanoha of this office. Sincerely, VIRG qIA GODSTEIN Planning ' ector WRY:cmr WP60\wry\Meurs7.wry Enclosure xc: REZ NO. 781 Ms. Cheryl R. Reis, et al. 65 Punahele Street Hilo, Hawaii 96720 000234 E 12 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 24 len K. Yamashiro Mayor 0 November 6, 1996 '�TE•OF•H,,•t� .. Cn�a�xz��r ��tftx�tit PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808)961-8288 • Fax (808)961-9615 Mr. Bruce Hansen Concept Construction, Inc. 235 Waianuenue Avenue Hilo, HI 96720 Dear Mr. Hansen: Plan Approval Comments: Virginia Goldstein Director ALLEN TAKASE, M.D. Proposed Medical Building Tax Map Key: 2-3-01--5:016 por., Is Norman Olesen Deputy Director The Application For Plan Approval, building construction plans for the proposed interior alterations, and building permit were received on October 4, 1996. In view of the above, a field inspection of the subject property occurred on October 14, 1996. In view of your plan submittals, recent field inspection, and letters dated October 2, 1996 from the owners of the adjacent residential property along Punahele Street and your letter dated October 14, 1996, we have the following comments: 1. Ordinance No. 95 33: The applicant, it successor, or — --- .___- - -- assigns_ shall---be__-resporisi ble with -all stated_ corid t -ib' of Ordinance No. 95 33 and requirements stipulated by subdivision application 96-055. Construction of the proposed commercial development shall be completed on or before March 7, 2000. 2. Building Setback(s): The subject parcel contains 76,677 square feet. The plans submitted indicate the proposed building will be situated in excess of a minimum building setback of 50 feet from the existing northwestern property line. In addition to the • proposed -building, the applicant will install a paved parking lot and landscaping improvements within a portion of the existing parcel. Pursuant to Ordinance R'�5r -/--b/" 5 3 v-, NOV 8 1996 Ask • Mr. Bruce Hansen •Page 2 November 4, 1996 No. 95 33 and written comments received from the adjacent land owners, we will require detailed plans together with section drawings to understand the continued to emphasize the there is an emphasis to establish and maintain specific landscaping materials to mitigate any adverse noise or visual impacts to the adjacent residential properties along Punahele Street and the common boundary or the parcel's northwestern "HAMAKUA" property line. The placement and location of large on-site refuse container(s) shall be situated adjacent to the proposed building to afford accessibility for access, maintenace, and periodic service. The placement and location of compressors, and other machinery (i.e. exterior air conditioner(s), air compressors, and electrical/mechanical equipment placed on the ground or within a CMU enclosure) shall be situated near the enclosed "TRASH" area or placed between the proposed building and the "PUNA" property line to minimize visual, and noxious noise and odor. impact(s) to the adjacent residential properties along Punahele Street and other surrounding use(s). 3. Height of Structure: -The proposed building improvements shall not exceed forty (40) feet. 4. Access: The access to the proposed medical building and driveways from the Pu'uhonu Place right-of-way shall take into account sight distance requirements at the proposed access and the location of existing utility easements. The development shall consider the location of existing roadway and on-site drainage - ---improvements---t_o _._a'ccommod'ate same---ingress/egr-essfor -- --- - - -- regular vehicles and emergency vehicles/trucks. 5. Off -Site Komohana Roadway Improvements: Pursuant to letter dated October 9, 1996 in file REZ 781 a check for $8000 in compliance with condition F of the Ordinance No. 95 33 was received and forwarded to the County Director of Finance for deposit into the Capital Projects Fund as a private contribution 6. off -Street Parking: The applicant shall provide a minimum of five (5) off -street -parking spaces for each Professional practitioner on the subject parcel In view of the discussion above to relocate the proposed trash and equipment enclosures we understand a revised 000236 Mr. Bruce Hansen Page 3 - November 4, 1996 site plan revising the location of the proposed building and the parking lot will be submitted for consideration. Other off-street parking stall requirements are: a. Each standard stall shall have a minimum width of nine (9) feet and a minimum length of eighteen (18) feet; b. Each compact stall shall have a minimum width of eight (8) feet and a minimum length of sixteen (16) feet. C. All required parking stalls shall be individually accessible and paved with an all weather dust free surface; d. All 90 degree (perpendicular) stalls shall have a minimum 24 -foot back up aisle space; The required and designated handicapped parking space • or stall shall have a minimum width of thirteen (13) feet and minimum length of eighteen (18) feet or accessible parking stalls, access aisle(s) and accessible route(s) to an accessible building entrance shall comply with the -Americans with Disabilities Act (ADA) guideline(s). 7. Landscaping: The applicant/owner(s) shall submit revised detailed plans and section drawings for the CRM retaining wall and chainlink (black vinyl coating) fencing. The proposed planting materials and related landscaping improvements shall continue and respect the _ approved Landscaping -Plans dated _October 2.9.,_._ 1996. The applicant/owner(s) shall install, establish, and maintain the proposed landscaping buffer being a continuous, unbroken, heavy planting screen buffer consisting of "podocarpus", no less than six (6) feet in height, along the subject property's common boundaries with adjoining single family properties along Punahele Street or within and along the parcel's entire northwestern "HAMAKUA" property line. 8. Flood Zoning: The on-site drainage improvements shall comply with the Department of Public Works, Engineering Division requirements. 9. Business Signs and Directed Exterior Lighting: The location and size of permitted signs shall comply with County Sign Ordinance and no directed exterior lighting may be installed or used which is directed into the &U g7 of toward any structure or land beyond the property lines. Mr. Bruce Hansen Page 4 • November 4, 1996 The prints or sheets submitted were incorporated into the plan approval file for reference only. Thank you for your patience and understanding. Any questions may be directed to William Yamanoha of this office. Sincerely, U VIRGI IA G D TEIN Planning Director WRY:cmr WP60\WRY\MEURS8.WRY xc:. REZ NO. 781 Ms. Cheryl R. Reis, et al. 65 Punahele Street Hilo, Hawaii 96720 • 000238 s CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 25 .r Stephen K. Yamashiro Mayor 0 January 2, 1997 C�v�. ufv of'nfunii PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808)961-8288 • Fax (808)961-9615 Mr. Bruce Hansen Concept Construction, Inc. 235 Waianuenue Avenue Hilo, HI 96720 Dear Mr. Hansen: ALLEN TAKASE, M.D. Rehabilitation Hospital of the Pacific • Proposed Landscaping Improvements Tax Map Key: 2-3-015:016 Por. Virginia Goldstein Director Norman Olesen Deputy Director The letter dated December 5, 1996, requesting permission to utilize a 6'-011 high chain fence the Hamakua property line was considered and incorporated into our file for understanding and future reference. Pursuant to our letter and comments dated November 6, 1996, we note the following: tt7. Landscaping: The applicant/owner(s) shall submit revised detailed plans and section drawings for the CRM retaining wall and chainlink (black vinyl coating) fencing. The proposed planting materials and related landscaping improvements shall continue and respect the approved Landscaping Plans dated October 29, 1996. The applicant/owner(s) shall install, establish, and maintain the proposed landscaping buffer being a continuous, unbroken, heavy planting screen buffer consisting of "podocarpustt, no less than six (6) feet in height, along the subject property's common boundaries with adjoining single family properties along Punahele Street or within and along the parcel's entire northwestern t'HAMAKUA" property line." 000239 r Mr. Bruce Hansen Page 2 January 2, 1997 The request to utilize a 6'-0" chain link fence upon a proposed CMU or CRM retaining wall along the Hamakua property line will be considered upon receipt of further detailed landscaping plans showing the location of the proposed retaining wall and detailed section drawings at appropriate intervals to understand height and scale. There is an emphasis to create an acceptable scale or transition between the proposed commercial buildings and uses and existing.adjacent residential properties. The submission of a detailed landscaping design utilizing mutually acceptable landscaping elements and permanent planting materials on and along the subject parcel's northwestern "Hamakua" property line to mitigate any adverse visual and noise impacts to -the adjacent residential properties along Punahele Street is required to submitted for further consideration under Plan Approval. Any questions may be directed to William Yamanoha of this office. at 961-8288 Sincerely, t� VIRC�INI OLDSTEIN Planning Director WRY :.dc F:WP60\DORYAL\LHANSEN xc: REZ NO. 781 ,...Ms. Cheryl R. Reis, et al. 65 Punahele Street Hilo, Hawaii 96720 000240 2( CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 26 sphcn K. Yamash-ro Mayor • February 21, 1997 1runfu of unft PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808)961-8288 • Fax (808) 961-9615 Mr. Bruce Hansen Concept Construction, Inc. 235 Waianuenue Avenue Hilo, HI 96720 Dear Mr. Hansen: Final Plan Approval: ALLEN TAKASE, M.D. PUNAHELE MEDICAL BUILDING AND RELATED SITE IMPROVEMENTS Virginia Goldstein Director Norman Olesen Deputy Director Construction Plans/B.P. • Tax Map Key: 2-3-b15:016 por The Application For Plan Approval, plans, and preliminary landscaping plans were received on October 4, 1996. The revised site plan and landscape plan; Drawings No(s). Al and L1, respectively, were received on February 18, 1997, for consideration and included in our review under Plan Approval of the Zoning Code. Pursuant to your February 21, 1997 counter discussion with staff, the application and plan submittals were deemed complete, subject to further spelling corrections and correct map nomenclature to _ addr-es.s_-and-r-efe-r--ence--the--r--evision-dates--on-all-building construction plans. In view of your application and the foregoing plan submittals,*Final Plan Approval to subject development is approved subject to the following final plan approval conditions: 1. Ordinance No. 95 33: The applicant, it successor, or assigns shall.be responsible with all stated conditions of Ordinance No. 95 33 and requirements stipulated by subdivision application 96-055. Construction of the proposed.commercial development shall be completed on or before March 7, 2000. 000241' Mr. Bruce Hansen Page 2 February 21, 1997 2. Building Setback(s): .The subject parcel contains 76,677 square feet. The plans submitted indicate the proposed building's shell will be situated in excess of a minimum building setback of 50 feet from the existing northwestern property line. In addition to the building's shell the applicant will install a paved parking lot and landscaping improvements within a portion of the existing parcel. There is an emphasis to establish and maintain specific landscaping materials to mitigate any adverse noise or visual impacts to the adjacent residential properties along Punahele Street and the common boundary or the parcel's northwestern property line. The placement and location of large on-site refuse container(s) within areas identified as "TRASH" and "A.C. UNIT LOCATION" on the revised plans shall not be relocated, modified, or removed without Planning Department approval. The location of the trash and A.C. pad locations were situated adjacent to the proposed building to provide accessibility for maintenance and mitigate any adverse visual, odor, and noise impacts to the adjacent residential properties along Punahele Street. I. Pursuant to several telephone discussions between staff and the project architects, we understand any changes to modify the A.C. components outside the building shell within the property or air conditioner specifications modifying the original mechanical or A.C. design will require Planninq�-Department review and approval. All mechanical equipment, i.e., compressors i --- and oEher machinery; ncluding electrical/mechanical equipment, should be placed on the ground behind and along the building shell on the "puna" or near Komohana Street to minimize visual, noxious no and odor impact(s) to the adjacent residential properties along Punahele Street. 3. Height of Structure: The proposed building height shall not exceed forty (40) feet. 4. Access: The access'to the proposed rehabilitation building and.driveways from the Pu'uhonu Place right- of-way shall take into account sight distance requirements at the proposed access and any further requirements stipulated by subdivision application 000242 46 Mr. Bruce .Hansen Page 3 February 21, 1997 SUB 96-055. The proposed development shall consider the location of existing roadway and on-site drainage improvements to accommodate safe ingress/egress for regular vehicles and emergency vehicles/trucks and the impacts on the adjacent residential properties along Punahele Street. S. Off -Street Parking: The applicant shall provide a minimum of five (5) off-street parking spaces for each professional practitioner on the subject parcel or the establishment of any commercial use on the property pursuant to Ordinance No. 95-33 and the Zoning Code amended on December 7, 1996. Other off-street parking stall requirements are: a. Each standard stall shall have a minimum width of nine (9) feet and a minimum length of eighteen (18) feet; • b. Each compact stall shall have a minimum width of eight (8) feet and a minimum length of sixteen (16) feet. C. The required off-street and accessible parking spaces shall be individually accessible and paved with an all weather dust free surface; d. All 90 degree (perpendicular) stalls shall have a minimum 24 -foot back up aisle space; The required and designated handicapped parking space ---- -" or accessii�le parking stalls, access aisle (s) and accessible route(s) to an accessible building entrance shall comply with the Americans with Disabilities Act (ADA) guideline (s) 6. Landscaping: The applicant/owner(s) shall install the CRM retaining wall and-chainlink (black vinyl coating) fencing denoted and planting materials shown on the approved revised Landscaping Plan dated February --, 1997. The applicant/owner(s) shall install, establish, and maintain the proposed landscaping buffer being a continuous,...unbroken, heavy planting screen buffer consisting of "podocarpus", no less than six (6) feet in height, along the subject property's common boundaries with adjoining single family properties 000243 Mr. Bruce Hansen • Page 4 February 21, 1997 along Punahele Street or within and along the parcel's entire northwestern property line prior to issuance of the Certificate of Occupancy. Subsequent to the issuance of the Certificate of Occupancy for any portion of the commercial development. The applicant, its successors, or assigns shall maintain the approved and required landscaping materials and maintain the minimum six (6) foot high 10podocarpus" landscape buffer in a healthy and attractive state. 7. Flood Zoning: The on-site drainage improvements shall comply with the Department of Public Works, Engineering Division requirements. 8. Business Sign: The location and size of permitted signs shall comply with County Sign Ordinance. 9. The proposed medical building development and approved landscape plan shall be constructed and developed in accordance with Ordinance No. 95-33 and the terms of the approved building construction and plans plan specifications, and the Final Plan Approval conditions stated above. Dust and odor impacts shall be kept to a minimum. 10. Future building improvements and property use are subject to review under Plan Approval of the Zoning Code, amended December 7, 1997. In view of the above, please make appropriate changes to the grading plans and building construction plans prior to applying for the necessary County building permits. Thank you for your understanding and patience. Any questions may be directed to William Yamangha of this office. Sincerely, W0t VIRG NIA GQ Planning D vkl/ow STEIN ctor jY:pak 0\WRY\PAT'AKASE Enclosure 000244 I xc. REZ NO. 781 is SUE 96-055 Ms. Cheryl R. Reis 65 Punahele Street Hilo, Hawaii 96720 • 000245 COUNTY PLANNING DEPARTMENT F I N A L PLAN APPR OVAL Applicant: PUNAHELE MEDICAL BUILDING Date: February 21, 1997 Tax Map Key: 2-3-035:016 Location: South Hilo Proposed Use: Medical Building and Related Site Improvements Zone: CN -10 Parcel Area: 76,677 s.f. As Shown on Plan Front Yard Sheet A-1 (Rev.) Rear Yard _ and reed 2/18/97. Side Yard Side Yard -• Ht. of Structure Per plan. •Access to parking Existing access via Pu'uhonu Street. Off -Street Parking Sht. A-1 Proposed HC stalls per ADA. Loading and Unloading space N/A Density Fencing: Material As per Height plans. Location eandscaping Slit. Ll FIRM Comments OK Dote: Ord. No. 95-33, Cond. B reauires a minimum 50'-0" setback from the northwestern property line. OK OK Subject to DPW requirements and PA conditions. OK Proposed OK OK OK See PA conditions. OK See PA conditions Subject to DPW requirements. 000246 C J Others Ord. No. 9533 conditions: OK Please see the conditions in the transmittal letter dated February 21, 1997. V . Plannig Director Date PD 09/85 (7321A/9A) F:\WP60\WRY\FORLETT\PAFORM44 000247 CHANGE OF ZONE APPLICATION �7 (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 27 fPp- f L BD 6/92 '97 P3.0,? OF q� OF BUILDING DIVISION - DPW 4� F (r"' i i; V _v COUNTY OF HAWAII REQUEST FOR CERTIFICATE OF OCCUPANCY TRUCTIONS: Requestor shall complete all information below. _q(olEP3i - �V_X_•li q_70L4 LDING PERMIT NO._961573-InF.PLUMBING PERMIT NO. 161 7 0 ELECTRICAL PERMIT No: 961330 LDING OWNER: DR. ALLAN TAKASE / . REHAB ADDRESS: 670 PONAHAWAI ST. , #200, HILO 'OSPITAL OF THE PACIFIC 226N. KUAKINI ST., HONOLULU DING ADDRESS: PU'UHONU WAY TAX MAP KEY NO. 2-3-35:16 TRACTOR: CONCEPT CONSTRUCTION, INCADDRESS:235 WAIANUENUE AVE. PHONE: 935-0279 USE OCCUPANCY TYPE OF 3SIFICATION: OFFICE GROUP: B-2 VN CONSTRUCTION: ZOXIMATE DATE OF OCCUPANCY: 04-18-97 [X] NEW BUILDING [ ] EXISTING BUILDING form shall be submitted to the Building Official for determining which agencies are i.ired to grant approvals. You will be contacted when routing to the [X] agencies can 'ESTED BY: PHONE: 935-0279 nATF• 04-14-97 (DO NOT FILL IN BELOW THIS LINE FOR GOVERNMENT USE ONLY) DATE BASTE MI} f I� 1 G2dT. Ll". ((/` FIRE a uu D -ertificate of Occupancy may be issued only when all of the above approvals have been 0- `ILDING INSPECTOR DATE 000248 e� ING 7 APS 14 P -�; BUILDING DIVISION - DPW COUNTY OF HAWAII REQUEST FOR CERTIFICATE OF OCCUPANCY ONS:. Requestor shall complete all information below. PERMIT NO. 961573 T GIG I I7 cl-7cy (nf-PLUMBING PERMIT NO. ELECTRICAL PERMIT NO. 961330 OWNER: DR:. ALLAN TAKASE / REHAB ADDRESS: 670 PONAHAWAI ST., #$200, HILO -AL OF .THE PACIFIC 226N. KUAKINI ST., HONOLULU ADDRESS: PU' UHONU WAY TAX MAP KEY NO. 2-3-35:16 R: CONCEPT CONSTRUCTION, INCADDRESS:235 WAIANUENUE AVE. _.._.. PHONE: 935-0279 ATION: OFFICE TE DATE OF OCCUPANCY: 04-18-97 OCCUPANCY GROUP: B-2 ( XI NEW BUILDING TYPE OF CONSTRUCTION: VN ( ) EXISTING BUILDING shall be submitted to the Building Official for determining which agencies are to grant approvals. You will be contacted when routing to the (K) agencies can • BY: PHONE: 935-0279 DATE: 04-14-97 (DO NOT FILL IN BELOW THIS LINE FOR GOVERNMENT UEjE ONLY) DATE 'T - EERING ING - - - 4r�s M-4- yl• i L 1 HL UUMMENTS -H 114 f-1 MGMT. a[tu�q-1 ING RICAL ficate of Occupancy may be issued only when'all of the above approvals have been NG INSPECTOR DATE 000249 BD -8 gF ro ID UI , 4Yp�Aq BD 6/92 DIV. -- — -- --- _------- --------- :EALTH ASTE MGMT. IRE a( l u 1 1� APR , _- •'�Q_— LUMBING _ - P3 poi y p¢`\• �OFH r BUILDING DIVISION - '4�lri-ii ., DPW (=' 0 COUNTY OF HAWAII REQUEST FOR CERTIFICATE OF OCCUPANCY 'RUCTIONS: Requestor shall complete all information below. 11-7oq DING PERMIT NO._961573-(,F.PLUMBING PERMIT NO. v I 170 ELECTRICAL PERMIT NO: 961330 P,1� . DING OWNER: -DR. ALLAN TAKASE /—REHAB ADDRESS: 670 PONAHAWAI ST., ##200, HILO )SPITAL OF THE PACIFIC 226N. KUAKINI ST., HONOLULU DING ADDRESS: PU'UHONU WAY TAX MAP KEY NO. 2-3-35:16 RACTOR: CONCEPT CONSTRUCTION, INCADDRESS:235 WAIANUENUE AVE. PHONE: 935-0279 USE SIFICATION: OFFICE DXIMATE DATE OF OCCUPANCY: 04-18-97 OCCUPANCY GROUP: B-2 [XI NEW BUILDING TYPE OF CONSTRUCTION: VN [ ] EXISTING BUILDING form shall be submitted to the Building Official for determining which agencies are ired to grant approvals. You will be contacted when routing to the [X] agencies can °STED BY: PHONE: 935-0279 DATE: 04-14-97 (DO NOT FILL IN BELOW THIS LINE FOR GOVERNMENT USE ONLY) DATE . ,GENCY APpRC1VP.il TWt=TTr ;NGINEERING ,LANN-IN-G ---- -- — -- --- _------- --------- :EALTH ASTE MGMT. IRE a( l u 1 1� LUMBING LECTRICAL -rtificate of Occupancy -may be issued only when all of the above approvals have been ILDING INSPECTOR DATE 000250 BD -8 � Rpt 14 P3:02 • CRep. 1•(40.-Mu�'Ji BUILDING DIVISION - DPW COUNTY OF HAWAII REQUEST FOR CERTIFICATE OF OCCUPANCY ONS: Requestor shall complete all information below. Uq.-� pit. '-1-7c y !�rl PERMIT NO. 961573* ,., PLUMBING PERMIT NO. 70 ELECTRICAL PERMIT NO. 961330 P',A . OWNER: DR. ALLAN. TAKASE / REHAB ADDRE55: 6.70 PONAHAWAI ST., #200, HILO -AL OF THE PACIFIC 226N. KUAKINI ST., HONOLULU ADDRESS: PU'UHONU WAY TAX MAP KEY NO. 2 -3 -35: 16 .R: CONCEPT CONSTRUCTION, INChDDPESS:235 WAIANUENUE AVE. PHONE: 935-0279 ATION: OFFICE TE DATE OF OCCUPANCY: 04-18-97 OCCUPANCY GROUP: B-2 [XI NEW BUILDING TYPE OF CONSTRUCTION: VN [ ] EXISTING BUILDING shall be submitted to the Building Official for determining which agencies are to grant approvals. You will be contacted when routing to the [X] agencies can BY: PHONE: 935-0279 DATE• 04-14-97 (DO NOT FILL IN BELOW THIS LINE FOR GOVERNMENT USE ONLY) DATE IT TODDn[rc- -- EERING ING 'H MGMT. kul ING 'RICAL ficate of..Occupaucy may be issued only when all of the above approvals have been 0 14G INSPECTOR. DATE 000251 Rn -;z CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL XHIBIT 28 ft s .i K. Yamashiro )Mayor May 28, 1997 C�aunfir ofA�fflafvnff- PLANNING DEPARTMENT 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-9615 Allan S. Takase, M.D. 670 Ponahawai Street, Suite 200 Hilo, HI 96720 Dear Dr. Takase:. TENTATIVE APPROVAL SUBDIVIDERS: TAKASE, Allan S. Trust, et al. Proposed Subdivision of Lot 12-A Into Lots 127A-1 and 12-A 2 and • Designation of Easement "B" for Road and Utility Purposes and Deletion of Easement "A" Punahoa 2nd, South Hilo, Island of Hawaii, Hawaii TMKc 2-3-035.016 (SUB 96-0551 Please be informed that tentative approval of the revised preliminary plat map dated October 21, 1996, is hereby granted with modifications and conditions. Virginia Goldstein Director Norman O)esen Deputy 'Director The subdivider is now authorized to prepare detailed drawings of the subdivision plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified----- Before* final approval can be granted, the following conditions must be lne�-—__._--_-.---------. 1. Provide a water system meeting with the approval of the Department of Water Supply. 2. Submit water system construction plans for approval by affected agencies. 3. Pay installation and facilities charges as required by the Department of Water Supply. ?. Identify all watercourses and draingeways and encumber with .drainage easements. 5. Repair the damaged A.C. pavement at the calm -cue -sac 4-1 — r�ii r�r7 ��F p P" U"1-1,��r� ll ll Vlll6 1 Ce. 000252 Allan S. Takase, M.D. Page 2 May 28, 1997 6. Comply with all conditions of approved REZ ORD. 95 33 (REZ 781). 7. No vehicular access will be permitted from this development onto Punahele Street. 8. Submit written proof that all taxes and assessments on the property are paid to date. 9. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon .completion. 10. Submit nine (9) copies of the final plat map prepared in conformity with Chapter 23, Subdivisions, within one year from the date of tentative approval, on or ­before May 28, 1998. If not, tentative approval to the preliminary plat map shall be deemed null and void. Only upon written request from the subdivider and for a good cause can a time extension be granted, provided it is submitted forty-five (45) days before the expiration 00 of said period of one year. 11. Subdivider shall complete all requirements specified as conditions for tentative approval of the preliminary plat map within three (3) years of said tentative approval, on or before May 28, 2000. An extension of not more than two (2) years may be granted by the director upon timely request of the subdivider. As part of final plat map submittal, the Planning Director requests an additional copy of the final pla-t map be submitted as a ".dwg" or ".dxf" diskette file prepared by CAD software. You should be aware that if at any time during the -fulfillment -of the foregoing conditions, that environmental and/or problems emerge; problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date, this should be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problems. The Planning Director shall confer with the listed officers to resolve the problems and notify you accordingly. No final approval f or.recordation shall be granted until all the ove conditions have been met. J,and shall not be offered for sale; lease or rent until final approval for recordation of the subdivision. APPELLANTS' EXHIBIT 4-2 000253 46 Allan S. Takase, M.D. Page 3 May 28, 1997 • Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerel.y, U �VGV VIR NIA G LDSTEIN Plan Ing ector ETC:lnm 96055tak.ten Enc.-Rev.PPM (10=21-96) xc: Manager, DWS Chief' Engineer, DPW Dist. -Env. Health Prog. Chief, DOH District Engineer, DOT Imata & Associates, Inc. REZ 781, 576; 272; SUB 6713, 5696, 3418; CON 686, 666 APPELLANTS' EXHIBIT 4-3 000254 CHANGE OF ZONE APPLICATION (REZ 14-000175) I_q HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 29 phen K. Yamashiro Mayor July 9, 1997 Cnaunk of �JUTH PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808)961-8288 • Fax(808)961-9615 Allan S. Takase, M.D. 670 Ponahawai Street, Suite 200 Hilo, HI 96720 Dear Dr. Takase: Virginia Goldstein Director Russell Kbkubun Deputy Director FINAL SUBDIVISION APPROVAL NO. 6858 SUBDIVIDERS:. TAKASE, Allan S. Trust, et al. Proposed Subdivision of Lot 12-A Into Lots 12-A-1 and 12-A 2 and Designation of Easement "B" for Road and Utility Purposes and Deletion of Easement "All Punahoa 2nd, South Hilo, Island of Hawaii, Hawaii ' TMK: 2-3-035:016 (SUB 96-055) Please be informed that final subdivision approval for recordation is hereby granted to the final plat map dated April 5, 1997, as attached herewith inasmuch as all requirements of the Subdivision Code, Chapter 23, as modified have been met. You may wish to consult your attorney and 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. This final approval is with the understanding that in compliance with.Condition No. 7 of our tentative approval letter of May 28, 1997, no vehicular access will be permitted from this development onto Punahele Street. As such, a deed covenant for a "No Vehicular Access Planting Screen Easement" at the end of Easement "B" (Road & Utility Purposes) within Lot 12-A-1 adjacent to Lot 6 (TMK: 2-3-035:018) be recorded with the new deed and a copy be submitted to this department for this subdivision file. In addition, comply with the conditions of the agreement with the department of Public Works relating to repairing the damaged A.C. avement at the cul-de-sac turnaround of Putuhonu Place. 000255 Allan S. Takase, M.D. Page 2 July 9, 1997 Copies of the certified final plat map are enclosed. Sincerely, IRGINIA GOLDSTEIN Planning Director ETC:lnm 96055tak.fnl Encs.- 3 Certified FPM xc: Manager, DWS Chief Engineer, DPW Dist. Env. Health Prog. Chief, DOH District Engineer, DOT Tax Map Section -HONOLULU w/certified FPM Imata & Associates, Inc. REZ 781, 57611 272; CON 666, 686; SUB 3418, 5696, 6713 000256 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 30 vo BD 6/92 o BUILDING DIVISION - DPW L"1 -p 9/ I A i rrj = '-Aa 0 a � COUNTY OF HAWAII %C+.,Vkalaua Corner REQUEST FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS: Requestor shall complete all information below. BUILDING PERMIT NO. 001196 PLUM000933 PLUMBING PERMIT NO. ELECTRICAL PERMIT NO. 00953 BUILDING.O(,'NER: Dr. Christopher Dung ADDRESS: 82 Puuhonu Place #201 , Hilo BUILDING ADDRESS: 82 Puuhonu Place #201 , Hilo TAX MAP KEY NO. 2-3-35:42 CONTRACTOR: Concept Construction ADDRESS: 558 Kanoelehua, Hilo 808-935-02 PHONE: USE OCCUPANCY TYPE OF CLASSIFICATION: Medical Bldg. GROUP: B-2 CONSTRUCTION: II -N Sprnkle. APPROXIMATE DATE OF OCCUPANCY: 10-25-00 [x] NEW BUILDING [ I EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the [X] agencies can proceed. REQUESTED BY: Bruce A. Hansen PHONE: DATE: 935-0279 10-17-00 DO -- FILL IN BELOW THIS LINE - FOR GOVERNMENT ON DATE Me Certificate of Occupancy may be issued only when all of the above approvals have been )btained, BUILDING INSPECTOR DATE 000257 JN�YOFHQ BD 6/92 or: BUILDING DIVISION' CQ ION 'I��i�a 1 raj- �y�a a COUNTY OF HAWAII h QM a R u a C oY n e r REQUEST FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS: Requestor shall complete all information below. BUILDING PERMIT NO.. 001196 PLUMBING PERMIT NO. 000933 ELECTRICAL PERMIT N0, 00953 BUILDING OWNER:Dr. Christopher Dung ADDRESS: 82 Puuhonu Place #201, Hilo BUILDING ADDRESS: .82 Puuhonu Place #201, Hilo TAX MAP KEY NO. 2-3-35:42 Concept Construction 558 Kanoelehua, Hilo 808-935-02' CONTRACTOR: ADDRESS: PHONE: USE OCCUPANCY TYPE OF CLASSIFICATION: Medical Bldg. GROUP: B-2 CONSTRUCTION: II -N Sprnklec APPROXIMATE DATE OF OCCUPANCY: 10-25-00 [X] NEW BUILDING [ ] EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the [A] agencies can proceed. ® REQUESTED BY: Bruce A. Hansen PHONE: 935-0279 DATE: 10-17-00 (DO NOT FILL IN BELOW THIS LINE FOR GOVERNMENT SE ONLY) DATE The Certificate of Occupancy may be issued only when all of the above approvals have been obtained. BUILDING INSPECTOR DATE// Ild Rfl_R 000258 r: BUILDING DIVISION - DPW COUNTY OF HAWAII BD 5/92 REOUEST FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS: Requestor shall complete all information below. BUILDING PERMIT NO. Irgi 536 PLUMBING PERMIT NO. ELECTRICAL PERMIT NO. BUILDING OWNER: 6(4Arf_ ���dQSe ADDRESS: BUILDING ADDRESS: A4 �.outi r�1 I'� 1I U TAX MAP KEY NO. 11 q CONTRACTOR: CGhr-e,�2F CanSi'vu�r(-,t ADDRESS: SSg 1AQ)40-e..�P-L, PHONE:_ 135-OA7 USE CLASSIFICATION: APPROXIMATE DATE OF OCCUPANCY OCCUPANCY TYPE OF G GROUP:. LJ CONSTRUCTION:" /I�%C'✓1% [ ) NEW BUILDING [ ] EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the [K] agencies can ® proceed. REQUESTED BY: D_�✓ u -C e- N G1 n gel PHONE: 3 5-0a7 DATE:_ 6-G- a-z� AGENCY (DO NOT FILL IN BELOW THIS LINE - FOR GOVERNMENT USE ONLY) . DATE hr)VPr 17TPr) TNTTTfir. rnMMRNTS ENGINEERING PLANNING �� L�i ��.. ::f ,,F ilii 'v G •�1 HEALTH WASTE MGMT. FIRE PLUMBING ELECTRICAL The Certificate of Occupancy may be issued only when all of the above approvals have been obtained_ 0 BUILDING INSPECTOR DATE 000259 BUILDING DIVISION - DPW COUNTY OF HAWAII C REQUEST FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS: Requestor shall complete all information below. BD 6/92 BUILDING PERMIT NO.rr ()CJDA(91? /PLUMBING PERMIT N0. C. PQ17b ELECTRICAL PERMIT NO.C©DQ;��Y BUILDING OWNER:Gl c Ytii Gu I Ccc J0rca�ig-7 ADDRESS: BUILDING ADDRESS:. TAX MAP KEY N0. o� 3- �r 1 CONTRACTOR:. (_-t>��a,�,/ Vuc�fldJ1 ADDRESS: 953 t�,an.ae-�PHONE:35 0 7 USE- OCCUPANCY CLASSIFICATION: GROUP: APPROXIMATE DATE OF OCCUPANCY: O -C) [ ] NEW BUILDING TYPE OF r CONSTRUCTION: s [� EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the [X) agencies can proceed. tREQUESTED BY:_( 4' LkC-e 142775e-,, PHONE: q 775 7 T DATE: (DO NOT FILL Ili BELOW THIS LINE FOR GOVERNMENT USE ONLY) DATE The Certificate of Occupancy may be issued only when all of the'above approvals have been obtained. BUILDING INSPECTOR DAT�F ;v S LL rI'QQ-r ( P—f-, Q,- ( - 140'A a ;rAetw Ika i k C0rr; rout^ ......... , :. — Rn_R 000260 LJ BUILDING DIVISION - DPW COUNTY OF HAWAII REQUEST FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS: Requestor shall complete all information below. BD 6/92 Copy 1 g7v36-� BUILDING PERMIT NO.q q 6016 PLUMBING PERMIT NO. ELECTRICAL PERMIT NO, BUILDING OWNER:_C} /11C r\ -7�,- I 1�Qy ADDRESS: b -70 Pot'q�C_wG BUILDING ADDRESS: _ PuIck- O '0 7161 /- I TAX MAP KEY NO. CONTRACTOR : (_ n Ce of COM 51 r ADDRESS: 558 P o n oQ i c h k, PHONE: .USE OCCUPANCY f� TYPE OF CLASSIFICATION: GROUP: ✓ CONSTRUCTION: APPROXIMATE DATE OF OCCUPANCY: [A NEW BUILDING [ J EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the proceed. [RJ agencies can • REQUESTED BY: Orck Ce H q »S e.-, PHONE: G 3 5 -CQ 7 q DATE: 1 - / 1 -6-0 (DO NOT FILL IN BELOW THIS rrNE FOR GOVERNMENT IT E ONLY) DATE The Certificate of Occupancy may be issued only when all of the above approvals have been obtained. • BUILDING INSPECTOR DATE 0.0026,' Rn_R 000261 J �q OF BUILDING DIVISION - DPW COUNTY OF HAWAII BD 6/92 CP/ REQUEST FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS: Requestor shall complete all information below. BUILDING PERMIT NO. 000 14 R PLUMBING PERMIT NO. ELECTRICAL PERMIT NO. -P0.01 BUILDING OWNER: �Y. I��ru T� ko_5-,e ADDRESS: r BUILDING ADDRESS: �� /0� Cj_ VON U_ 011(4d&TAX MAP KEY N0). ,.CONTRACTOR: COhC.e./��f COh5ty-t.e-'ion ADDRESS: J�7� I�anDe/e.h.0. PHONE: 93S`c))79 . USE CLASSIFICATION: OCCUPANCY y� TYPE OF GROUP: ZJ -� CONSTRUCTION: lL�i%� �jr�r►1 APPROXIMATE DATE OF OCCUPANCY: 5- 9 U -C, [ ] NEW BUILDING ( ] EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the [X] agencies can proceed. REQUESTED BY: r U_C e 640 hS e- r. PHONE: 9 3 5 `U� 7 5 DATE: (DO NOT FILL IN BELOW THIS LINE - FOR GOVERNMENT USE ONLY) DATE AGENCY APPROVED INITIAL COMMENTS ENGINEERING PLANNING HEALTH WASTE MGMT. FIRE . PLUMBING ELECTRICAL The Certificate of Occupancy may be issued only when all of the above approvals have been obtained. BUILDING INSPECTOR DATE 6041,31 000262 I oJV,,-T OFkq BD 6/92 BUILDING DIVISION - DPW COUNTY OF HAWAII f ` IT REQUEST FOR CERTIFICATE OF OCCUPANCYc INSTRUCTIONS: Requestor shall complete all infoamiation below BUILDING PERMIT NO. (0.( d 5�5PLUMBING PERMIT NO,M-01651 �j ELECTRICAL PERMIT NO.C- 010 -S4? BUILDING OWNER: Alct yl ADDRESS: / Ot�t� � C) V, LL f BUILDING ADDRESS: -p— TAX MAP KEY NO. 3 G 3 CONTRACTOR: COi)Ce,5Co glya i0v� ADDRESS: 559 ��cand-eIP_� pHONE: 93S -O -T 1 USE OCCUPANCY CLASSIFICATION: Ga�S -_V( �C�%W(5"Q p TYPE"1 GROUP: .0 6, —CONSTRUCTION! �r Iey % APPROXIMATE DATE OF OCCUPANCY: �u — [ ) NEW BUILDING [�C] EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the [X] agencies can proceed. *REQUESTED BY: H Ci n5' e.h PHONE: q J 5-0_ 7/T DATE: 6--f -o -- (DO NOT FILL IN HELQW THIS LINE FOR GOVERNMENT U5E ONLY) DATE lie Certificate of Occupancy may be issued only when all of the above approvals have been btained. BUILDING INSPECTOR DATE 000263 BUILDIt„%--�” DIVISION —.DPW COUNTY OF HAWAII - 25 AUPUNI STREET - HILO. HAWAII 96720 • �}�•ai µ'dr`~ HILO OFFICE (808) 961-8331 'KONA OFFICE (808) 327-3520 REQUEST FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS: Requestor shall complete all information below. BUILDING PERMIT N0. a� PLUMBING PERMIT NO. OD O 0 5�5 ELECTRICAL PERMIT N0._� BUILDING OWNER: k A -a1 :5. T 6,ss-- ADDRESS: 1��U RGI"loko.w , Gsrrac i BUILDING ADDRESS: U tj 4 (nAj U TAX MAP KEY NO. 2 CONTRACTOR: —Lg:�e,44WI3 f4lmlZoO ADDRESS: /GIP dK'194-- S-7/ PHONE:U SE CLASSIFICATION: 1Yt�G11� I bWc"e oGRPAPNCY TYPE OF CONSTRUCTION - AJ • A APPROXIMATE.DATE OF OCCUPANCY:Ahr C—b [ 7 NEW BUILDING [EXISTING BUILDING This form shall be submitted to the Building Official in determining the agencies necessary to approve this request. You will be notified when routing may proceed. REQUESTED BY: /izr PHONE:_ Zff-4PIP DATE: (DO NOT FILL IN BELOW THIS LINE FOR GOVERNMENT USE ONLY DATE The Certificate of Occupancy may be issued only when all of the above approvals have been obtained. BUILUING INSPECTOR DATE BD -8 (6/92) 000264 ' JNJY OF/.�^� . BUILDING DIVISION - DPW COUNTY OF HAWAII REQUEST FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS: Requestor shall complete all information below. BD 6/92 BUILDING PERMIT NO. 006 4 4 PLUMBING PERMIT NO. ELECTRICAL PERMIT NO. BUILDINGOWNER: Pu. C-T-era:{d !-�4, l iNno��+v 61C)1��DDRESS:_ 52 Pu'u �t6y—_ �, )Sfe-( BUILDING ADDRESS: Pu- JT -I r, I. /. i l�T t I G TAX MAP KEY NO. a - 3- X51 t4'�, CONTRACTOR: coY)C e-,121 C6n-,-f p , ADDRESS: J 5g /�Q11 � f-A4kPHONE: USE//�� OCCUPANCY �1 TYPE OF CLASSIFICATION: e4lc"l OB=E iC� GROUP: / -� CONSTRUCTION: APPROXIMATE DATE OF OCCUPANCY: 6'�-� [ ] NEW BUILDING [ ] EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the [X] agencies can ® proceed. • REQUESTED BY:_ 6Yu-CC L [GV75ie- PHONE: 9357-0)7! DATE: (DO NOT FILL IN BELOW THIS LINE - FOR GOVERNMENT USE ONLY) DATE ACF.NrY z1PTPPr)1TPI TNT TTT2,r r`r)MMRNTC ENGINEERING PLANNING HEALTH f ' C WASTE MGMT, FIRE PLUMBING ELECTRICAL The Certificate of Occupancy may be issued only when all of the above approvals have been obtained. RTTTF.TITN(, TNCPFr'TnP T1TTF 00)4x"": T3 000265 BT 6/92 VV. BUILDING DIVISION - DPW COUNTY OF HAWAII REQUEST FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS: Requestor shall complete all information below. � _ S•�r _ i BUILDING PERMIT� ` `` -` PLUMBING PERidIT NO. L%' � ELECTRICAL PERMIT N0. "•�it�L' t- f. BUILDING OWNER: �rG. o GQ �CL Y ADDRESS: BUILDING ADDRESS: D 2 ��� �`� �'ti" to TAX MAP KEY NO.. CONTRACTOR: Co;iC � Cpng`fr�c�t`oh ADDRESS: SSg P�C"I(Jf e�u�PHONq 35-Oa7 j USE n,� ,�,. �OCCUPANCY TYPE OF CLASSIFICATION: Lam_ GROUP: CONSTRUCTION: APPROXIMATE DATE OF OCCUPANCY: -� 5 _ U� [ ) NEW BUILDING ( ] EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the [X] agencies can proceed. REQUESTED BY: / l Ytt [ (2 (.`T Cf)) 2 eYx PHONE: r 3,57 -UD-7 q DATE: Y: , AGENCY (DO NOT FILL IN BELOW THIS LINE - FOR GOVERNMENT USE ONLY) DATE S VVI (In 7rn TNTTTIlT. rnmmENTS ENGINEERING PLANNING 04340 Z*Y K7jt� HEALTH WASTE MGMT. FIRE PLUMBING ELECTRICAL The Certificate of Occupancy may be issued only when all of the above approvals have been obtained. • BUILDING INSPECTOR DATE 1 .. BUILDING DIVISION - DPW COUNTY OF HAWAII REQUEST FOR CERTIFICATE OF OCCUPANCY 1C� i'1_iL"1'IOLd : iCB 1'i1C8i iiK' shall co iple''te all information below. BD 6/92 not I CORvrr O� M , Fl ,� 1,,,�i/ yr PERMIT NO..�_'___� ._... _.:: (iU:IL�:I?TG PERMIT NO. (1 , PLUMBING PERMIT NO'.' ELECTRICAL E BUILDING OWNER: IDYCL�yGQ &L ADDRESS: �C_l c -),,-CTS tet 2 14c.e BUILDING.. ADDRESS: U 10UL �k �y�� I 1 �jrTAX MAP KEY NO. CONTRACTOR : Lo 1h C x';01 c o n citYu c:�oh ADDRESS: Sa r� p n U -e- t 2 'L0. PHONE USE Y'+. �• ? ' 1) �fAl: :LASS IF! CATION : OCCUPANCY TYPE OF GROUP: f"� CONSTRUCTION:, T1 APPROXIMATE DATE OF OCCUPANCY: 6 -15- l [ J NEW BUILDING [ J EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the [XJ agencies can ®proceed. REQUESTED BY: /5 Y -Lk 4 e PHONE: 93 DATE: (DO NOT FILL IN BELOW THIS LINE - FOR GOVERNMENT USE ONLY) DATE 71001:1nurn TMTTT T f. f`fIMT„S F'MTC ENGINEERING �0E= YID J` PLANNING HEALTH r WASTE MGMT. r FIRE PLUMBING ELECTRICAL ::J_ The Certificate of Occupancy may be issued only when all of the above approvals have been obtained. BUILDING INSPECTOR DATE.;:; 000267 �Ili 0FM4 BD 6/92 0. U. . �goFNP�P\ BUILDING DIVISION - DPW COUNTY OF HAWAII REQUEST FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS: Requestor shall complete all information below. BUILDING PERMIT NO. PLUMBBING PERMIT NO..OaO I3 ELECTRICAL PERMIT NO.Xi-�� QC BUILDING. OWNER: CJr., CrC1 � J � ; %� � � c� ADDRESS: (� 7� i"/o n,5L h a U a BUILDING ADDRESS: _ �� !"u.rr-L h CJ M , �'} �I o TAX MAP KEY NO. CONTRACTOR:_�onc e A C0116-tYacll-h ADDRESS: 55� /fano elegy u� PHONE:.a USE OCCUPANCY ^^�� CLASSIFICATION: GROUP: ^�C APPROXIMATE DATE OF OCCUPANCY: 5-26-&-D [ J NEW BUILDING TYPE OF CONSTRUCTION: [ ] EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the [X] agencies can proceed. REQUESTED BY: ``JY u C e 1-40 11 S e ?� PHONE: 3 �- U `i DATE: (DO NOT FILL IN BELOW THIS LINE FOR GOVERNMENT USE ONLY) DATE The Certificate of Occupancy may be issued only when all of the above approvals have been obtained. BUILDING INSPECTOR nTrnv 000268 CONTRACTOR: COY►C �2t CdnyfYkt�'nn ADDRESS: PHONE: 3 5 479 USE CLASSIFICATION: OCCUPANCY rpt -,1 TYPE OF 7� GROUP: rJ - CONSTRUCTION: APPROXI14ATE DATE OF OCCUPANCY: [ j NEW BUILDING [ j EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the (Xj agencies can .proceed. *REQUESTED BY: -0 I^cmc e C4r�5e,�pHONE: J 5- r% DATE: 5 Z - �rj (DO NOT FILL IN BELOW THIS LINE FOR GOVERNMENT USE ONLY) DATE The Certificate of Occupancy may be issued only when all of the obtained. above approvals have been BUILDING INSPECTOR DATE G,041-32 000269 BD 1ii92 GOJN-fYOFk��/ •�q�oFllP�dP�� C r �� �, �, s � � BUILDING DIVISION - DPW COUNTY OF HAWAII REQUEST FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS: Requestor shall complete all information below. BUTLDIIQG PERMIT NO. OOda►� PLUMBING PERMIT NO. Oao 131 ELECTRICAL PERMI.TLJNO.yOOD�� i BUILDING OWNER: or CYC L 5 i m t_.( cL ADDRESS: (7 70 bona a .cta i.�.!• 5��, � O� BUILDING ADDRESS:-9--� PLIL C.L koAu- . r� it n •r7,v than u. ,r ') - "� _-2 " '_... 11,''l CONTRACTOR: COY►C �2t CdnyfYkt�'nn ADDRESS: PHONE: 3 5 479 USE CLASSIFICATION: OCCUPANCY rpt -,1 TYPE OF 7� GROUP: rJ - CONSTRUCTION: APPROXI14ATE DATE OF OCCUPANCY: [ j NEW BUILDING [ j EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the (Xj agencies can .proceed. *REQUESTED BY: -0 I^cmc e C4r�5e,�pHONE: J 5- r% DATE: 5 Z - �rj (DO NOT FILL IN BELOW THIS LINE FOR GOVERNMENT USE ONLY) DATE The Certificate of Occupancy may be issued only when all of the obtained. above approvals have been BUILDING INSPECTOR DATE G,041-32 000269 BUILDING DIVISION - DPW COUNTY OF HAWAII BD 6/92 REQUEST FOR CERTIFICATE OF OCCUPANCY INSTRUCTIONS: Requestor shall complete all information below. BUILDING PERMIT NO. 6:� PLUMBING PERMIT N0. I ::!:� _'t. l '^ i ELECTRICyA-L� PERMIT NO. `•- `- �• � •-'' s BUILDING OWNER: 01�,, f qaV ,,,nnd G Qe ' 1a areas / JAXV4-deADDRESS: _ PCIL c G c)_Ll=� �`� i' G BUILDING ADDRESS:_ Nord. P1(� �! efoOTIIAX MAP KEY NO. CONTRACTOR.: i3V ckc—@ .1`� Q Y1 2 ADDRESS: 55 I , q PHONE:.9 ]� Da 7 USE OCCUPANCY �'1TYPE OF CLASSIFICATION: 0 GrtC GROUP: ✓ ' CONSTRUCTION: n -A,7' 5,PR1V APPROXIMATE DATE OF OCCUPANCY: -5- 1 5 'fZ [ ] NEW BUILDING [YJ EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the [X] agencies can proceed. REQUESTED BY:_6 ru LL -f4a n S ey_� PHONE: 9 _3 5 `B* "7 q DATE: s un DO NOT FILL IN BELOW THIS LINE - FOR G(7VERNMENT TJSE ONLY DATE The Certificate of Occupancy may be issued only when all of the above approvals have been obtained. OS h-c� FC oQY / pG17i, YmGcCL cx Cpyn r BUILDING INSPECTOR DATE 000270 Go�NTYutHq� BD G/92 ••• •' \Jr!.r qui CO Py BUILDING DIVISION - DPW COUNTY OF HAWAII REQUEST FOR CERTIFICATE OF OCCUPANCY '! INSTRUCTIONS: Reguestor shall complete all information below. ` !i BUILDING PERMIT NO. 0 9 6 PLUMBING PERMIT NO.______._ BELECTRICAL PERMIT NO.—.— IiILDINr_, OWNER: 1i 9,1 liyylk ky)o_ cCaij LLC ADDRESS: `� BUILDING ADDRESS: CONTRACTUP,Mt e r - TAX MAP )% KEY NO. : OhC CUv?�jfiYu��i ADDRESS: S59 `"�gl71ael2(140. PHONE: 13 5` O � % � USE CLASSIFICATION: -t----�E� OCCUPANCY ^7" TYPE OF GROUP: .L �, CONSTRUCTION' APPROXIMATE DATE OF OCCUPANCY: 5 l (j— Cr(� [ ] NEW BUILDING [ J EXISTING BUILDING This form shall be submitted to the Building Official for determining which agencies are required to grant approvals. You will be contacted when routing to the [R] agencies can Proceed. -REQUESTED BY: u , r �G hS eY. PHONE: �jS'�� 7 DATE: 7- c-cj DATF. [ f> Tb obtained. 16 BUILDING INSPECTOR �— ---- — wuuuPancy may be issued only when all of the above approvals have been DATE 0046,633, n fl n 000271 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 31 000272 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 32 • • 000273 0 • 000274 000275 f � T ♦IRF �K, � S .t 1 01 K y s y �� �,, is-. - , ..,�- '"�s►/�, tF a t 1 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 33 _� � � � `� z•.. �, - ,. Y � a � i�'ti � �,a�t va II 1�� � _ _ � � 4 '\ s s ,� y P �• 4 �� ""� — '�1 , '� � "'' � 1 a--- .: � �, � % �t��' �. c � »5 , ,. •,,,�. � j , .1 . �' �� �,.�'� V a '� ,�i " ` l � .' . '+ r x } �' ti ti i�. • � ��,� x + � +� _� �� �� x?. CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 34 yI� ke-LrumT RENTALSS7& MANAGEMENT, INC. XS 2 Kamehameha Avenue f,`ti; �7 Hilo, HaNvai'i 96720-2830 t IL''!,,nt OF � F„i�NiVT TO: Jeffrey W. Darrow, CZM Inspr Planning Department, County Of Hawaii FROM: Nancy Cabral, Property Manage Punahele Professional Building Phone (808) 935-4152 Fax.(808) 961-2459 5( -mail: rentals@daylum.coni DATE: July 11, 2002 RE: Complaints from Neighboring Property Owner This memo is a follow-up to our meeting of August 13, 2001. Please recall our discussion of ideas that could be implemented to reduce the problems our professional building was causing neighboring property owner Cheryl Reis. Several elements have been in place for the past several months and it appears these improvements are effective. A large number of plants have been added to the planting strip along the property line shared with Ms. Reis. These plants appear to be growing successfully. Unlike the plants previously in this location, they do not seem to be damaged from ground termites. mess Services was asked to alter their procedures. To the best of our knowledge, they have complied with our requests. They now come as late in the morning as possible, they enter the lot without their lights, they do not enter the lower section of the parking lot by Ms. Reis' lot, and they do not compact their rubbish load on our property. In addition, the size of the dumpster was increased to .liminate the need to compact on the property. All stalls in the parking lots have been reassigned. Stalls in the upper parking lots have been assigned .o those businesses that may come and go early in the morning. Those businesses have asked their employees and clients not to drive into the lower portion of the lot with their lights on and to be quiet luring their com'ngs and goings :when in that area. No complaints have been received in the past year ind there have been reassurances that these requests are being met. T4s. Reis' concerns included the propane tank by Komohana Avenue. Barriers were installed to )arncade the tank from wayward vehicles. To the best of our knowledge, this is in with Mate and County requirements for such a situation. vis. Reis' complaints also mentioned equipment that makes a loud noise: We are unaware of any :quipment on our property that would cause a noise loud enough to be a nuisance_ Fhe fence along the property line shared with Ms. Reis has been painted black as previously agreed. Ve are unaware of any increase of crime in the area since the fence or building has been in place. 01ele Professional Building wants to be a good neighbor. We will. address any -complaint or onccm expressed by Ms. Reis or any other neighbor. If you have suggestions that may assist us in ,eing a good neighbor, please feel free to contact us at your earliest convenienc 000277 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 35 35 June 21, 2005 Chris Yuen Planning Director County of Hawaii 101 Pauahi, Suite 3 Hilo, Hawaii Dear Chris: On behalf of my neighbor, Margie Gushiken and my family, I am writing to renew our objections to any effort by Dr. Allan Takase et al, to construct a parking lot, driveway or any use other than residential on the property located between the Gushikens (51 Punahele), and mine (65 Punahele). To our knowledge this property remains zoned residential and will referred to as The Lot. According to Dr. Takase and more recently, Nancy Cabral of Day-Lum Properties, they want a parking lot to service the Hilo Community Surgery Center. This will be referred to as The Center. • When the Surgery Center was being considered, Dr Takase originally had wanted a roadway through The Lot which we opposed. Our reasons were, afid still are: • Traffic will surround our homes on three sides �v Fumes from vehicle exhausts will adversely affect our health, specifically, The Lot was used by Haitsuka Brothers as a baseyard'-, during the construction of the Ainako Sewer Alignment Project pll&iv� - the construction of The Center and we were subjected to seven days a week of 6 or 7 A.M. to 7 or 8 P.M. construction traffic, storage of construction materials and constant diesel fumes from refueling or as exhaust from vehicles and incessant noise. Haitsuka -used this area at the behest of Dr. Takase in exchange for installation of The Center's sewer line. We made repeated oral and written complaints to your office (Virginia Goldstein), Public Works (Jiro Sumada), State Environmental Health (Aaron Uyeno), Civil Defense (Harry Kim) and our Council Representative Bobby Jean Leitehead-Todd. All agreed with the hazards and all, (except Harry Kim) or their representatives discussed the problems with Dr. Takase or his son, Gerald Takase (Corporation Counsel). The situation would be mitigated for Page 1 000278 about a week after the discussion or complaint then continue till the next complaint. This situation continued for over two years. We still suffer from sensitivity to diesel. Several months ago, Dr. Takase had The Lot leveled with gravel and staff from the Correctional Facility adopted it as their parking area. More recently, some staff and clients of the Center have also been using this as parking. The zoning approval by the Planning Commission and County Council, specifically states that there shall be no access to the subject property (The Center) from Punahele Street. • Vehicles parked in The Lot reflect heat and the sun's glare into our homes. The exhaust from these vehicles also blow into our hordes, particularly when drivers sit in the lot with engines running their air conditioners for up to 20 minutes. There are several diesel trucks parking as well who run their engines sometimes 10 minutes before turning them off and again for 5 to 10 minutes to warm them up. We get this particularly aggravating exhaust as well as the engine noise which is louder than most. • Visitors to the Correctional Facility also park in The Lot. Many others use The Lot as a short cut. We are treated to their profanity, unattended children and animals, hours of their conversations, litter (soiled diapers, empty beer containers, etc.), urinating on our properties, theft of our plants, trespassing and general standing, sitting and observing our activities in our yards and homes. During • the nighttime hours people sometimes congregate in The Lot as well. Given the number of escapes from the Correctional Facility and burglaries in the Hilo area, persons observing "without being seen" is certainly cause for our concern. • Asphalt paving will greatly increase the ambient temperature of our homes. Skateboarders who frequent The Center property will also find The Lot attractive. Lighting is disturbing as it attracts skateboarding and congregating already occurring in The Center's lot after hours. Dr. Takase..told us during the rezoning process that the operation would be only professional offices with business hours 730 A.M. to 5 P.M. Many of The Center's staff remain to converse by their vehicles after work or come to work at odd hours late at night. This is normal as they are not responsible for simply working there. It is disturbing, however, in a residential area when peace and quiet during the evenings is expected. • We have been given a preview of what will occur if The Lot is turned into a parking lot. It will further infringe on our privacy, health, security, quality of life and is totally inappropriate and against the intent of residential Page 2 000279 zoning. We ask that you stop any effort to make this a parking lot or to be utilized for anything other than a residence. Slrigx�ely, Cliy�yl RGRels 6.; i7i.inahele Phone: 935-4656 Marj&ie Gushiken 51 Punahele Phone: 935-4920 cr:: Planning Commission Planning Committee, County Council Donald Ikeda, Councilman Building Division, Public Works Page 3 000280 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 36 • SANDRA PECHTER SONG ATTORNEY AT LAW Ms. Cheryl R. Reis 65 Punahele Street Hilo, Hawaii 96720 Mr. and Mrs. George Gushiken 51 Punahele Street Hilo, Hawaii 96720 Mr. and Mrs. Thomas Yamauchi 7; Punahele Street Hilo, Hawaii 96720 101 Aupuni Street. Suite 238 Hilo, Hawaii 96720 Telephone: (808) 933-9212 Fax: (808) 935-4853 March 1, 2007 Mr. and Mrs. Ronald Andrade 44 Punahele Street Hilo, Hawaii 96720 Ms. Lori Enomoto Ms. Adele Enomoto 79 Punahele Street Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 06-000060) Association of Apartment Owners of Punahele Professional Building TMK No: (3) 2-3-035-018, Punahoa 2, South Hilo, Hawaii Dear Neighboring Property Owners: As you are aware, my client, the Association of Apartment Owners of Punahele Professional Building, has filed a change of zone application with the County of Hawaii Planning Department seeking to rezone its property from Single -Family Residential (RS -7.5) to Neighborhood Commercial (CN -10), in order to provide additional employee parking for the Punahele Professional Building. Because of your involvement with the recent Board of Appeals case involving this property, am writing to you to ask for your suggestions and support for this project. The present proposal for the project is to consolidate the property with the Punaie e Professional Building parcel. The parking lot is proposed to be paved, adding 20 additional parking spaces for the building. Access to the parking lot will be through the existing parking lot, with access along Punahele Street closed, in order to mitigate traffic impacts to the neighboring residential properties as well as Hawaii Community Correctional Center. A driveway and gate along Punahele Street is still proposed to provide for an emergency access route for the building and adjoining area. My client is also proposing to construct either a solid fence or wall, and/or landscaping along the adjoining the Reis and Gushiken residential lots to mitigate the visual impacts of this parking iot. 000281 'q Ms. Cheryl R. Reis Mr. and Mrs. George Gushiken • Mr. and Mrs. Thomas Yamauchi Mr. and Mrs. Ronald Andrade Ms. Lori Enomoto Ms. Adele Enomoto March 1, 2007 Page 2 In order to obtain your input on this project, my client is proposing to meet with you on Thursday, March 15, 2007 at 5:00 p.m. in the courtyard of the Punahele Professional Building. We will be setting up chairs in the courtyard for this meeting. If you are unable to attend this meeting, my client would still welcome any suggestions you may have, and you are free to contact me with those suggestions. My client and I look forward to meeting with you and working together in this matter. cc: Ms. Nancy Cabral Mr. Christopher J. Yuen • Ve/P. s,; Sa 000282 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 37 • • • 000283 • 000284 0 • 000285 �v , • • n U 000287 • • 000288 • 000289 • Ll [1I1I1ioli] • • 000291 • • • 000292 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL HIBIT 38 is Misc. SeRice ID: M10048182 • • Misc. Service ID: Date Reported: Date Occurred: Close On: Call Type: Incident Num: Accident Num: Address: M10048182 10/11/2010 13:05 10/11/2010 13:05 10/11/2010 13:44 OTHER HAWAII Miscellaneous rvice She] Reporting Officer: 184465 Investigating Officer. 184465 Disposition: CLOSED Disp Date: 10/11/2010 13:44 Shift: 2W Report District: HL 60 PUNAHELE STREET HILO Post! Beat: 130 - SOUTH HILO Associated Names Last Name '. � �, , �q` Involvement: Reporting Person e DOB: r x Sex: M Home Phone , Arrest# Home Address: First Name: Race: WHITE Work Phone: (808) 933-0431 FBI: SBI: Printed On: 10/18/2010 15:20 JEREMY M. KUBOJIRI JEREMY M. KUBOJIRI Middle all Ethnicity: Non -Hispanic Other Phone: f�,, State: Sg�s � ""ARM REQUESTED AND RECEIVED ADVICE REGARDING THE ACTIONS OF UNI<NOWN PARTIES ACROSS THE STREET OF H.C.C.C., 60 PUNAHELE STREET. ATISFIED: ALL IN ORDER. UAU304LI • 0 C7 000295 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 39 • 000296 • 0 • • • 000298 • • 000299 • • 000300 • • • 000301 CJ • • 000302 CJ • 171 000303 0 � 000304 0 0 000305 • n 000306 • • 000307 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 40 40 im, • THIS PAGE IS � INTENTIONALLY LEFT BLANK • 000309 �--G Online Services - powered by eHawaii.gov http://hbe.ehawaii.gov/documents/business.html?fil... 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All rights reserved. 0 of 1 7/22PA.1 3:43 PM CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL :XHIBIT 41 41 0 IsiliMal 000315 • • 000316 LI • 000317 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 42 • • 000319 • • lJ 000320 0 0 *1 C • :7 000322 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 43 0 000323 • • 000324 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL XHIBIT44 4 Ya Ilk 7t' W.- p p 11o, HI 967 x.2011 Google I m ao Tb201Uk! 4 WO-1 -Goc gF 2011 Cu �;OaAephrtqlR P, 2000 19-43'01,,5,0-,N155,',05'5.3.,.52".VV cloy 7 Eye alt 230 . . ....... ... -------- CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 45 Wo • �i 000326 • 000327 • 000328 • r r 000329 n U • 000330 000331 • v • 000332 • 000333 • 000334 000335 C] • 000336 THIS PAGE IS INTENTIONALLY � LEFT BLANK • 000337 • 000338 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 ;EQUEST FOR DENIAL XHIBIT 46 +4 • • E 000339 • • 000340 41 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 47 PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 5, 2007 A regularly advertised hearing on the application of AOAO PUNAHELE PROFESSIONAL BUILDING (REZ 07-000060) was called to order at 11:45 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman William Graham presiding. PRESENT: William Graham ABSENT & EXCUSED: C. Kimo Alameda Takashi Domingo Andrew Iwashita Alvin Rho Rene' Siracusa Rodney Watanabe Rell Woodward Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner 0 And 40 people from the public in attendance APPLICANT: AOAO PUNAHELE PROFESSIONAL BUILDING (REZ 07-000060) Change of Zone from Single -Family Residential 7,500 square feet (RS -7.5) to Neighborhood Commercial 10,000 square feet (CN -10) district for 9,230 square feet of land. The property is located along the south side of Punahele Street, approximately 200 feet east of the Komohana Street — Punahele Street intersection, across from the Hawaii Community Correctional Facility, Punahoa 2nd, South Hilo, Hawaii, TMK: 2-3-35:18. GRAHAM: Okay, our next item is the AOAO PUNAHELE PROFESSIONAL BUILDING, a rezoning request. So our mission as the Planning Commission is to give a recommendation to the County Council on the rezoning request. The request is for a Change of Zone from Single -Family Residential (R.S-7.5) to Neighborhood Commercial (CN -10) district for 9,230 square feet of land. It's located along the south side of Punahele Street, approximately 200 feet east of the Komohana Street— Punahele Street intersection, and it's across from the Hawaii Community Correctional Facility in South Hilo, Hawaii. Jeff? DARROW: Thank you, Mr. Chairman. If I can direct your attention to the location map. The area of this application is within the South Hilo district of Hawaii, more specifically we're looking at Waianuenue Avenue, running in a west -east direction. And we have Komohana identified here on the map running in a north -south direction. We have Punahele running *arallel with Waianuenue, and the area of the application is identified in the blue dot. Just for ference, the area identified in pink, again, the zoning is Commercial Neighborhood. This is the area of the Punahele Medical Facility, as well as other medical facilities an the area. We have the 000341 County of Hawaii Employees Credit Union off of Puuhonu Place. And, again, this is in the area •of Komohana and Punahele Streets. The applicant in this case, Apartment of Association Owners, AOAO Punahele Professional Building, is requesting a change of zone from Single Family Residential RS -7.5 to Commercial Neighborhood 10,000 square feet for a piece of property that is 9,230 square feet in size. Currently this property is vacant. It has been graded and grubbed as well as fenced along three sides of the property, the area along both adjoining Single Family Residential properties, as well as along Punahele Street. If I could pass out some pictures to the Commissioners to kind of give you an idea of what the area looks like. Previously the applicant has been issued two violation notices for utilizing this as a parking lot in a Seigle Family Residential zone which is unpermitted. There have been Board of Appeal cases that have been conducted. And at the time of the -writing of the application, the Board of Appeals case had not been resolved. But it's my understanding that since that time it has been concluded; and I believe that the Board of Appeals had upheld the Planning Director's decision in this matter. At this time, just to bring to your attention conditions of importance, the Condition E is going to restrict access off of Punahele Street to this particular property, except for emergency purposes only. So there can be a gate on the Punahele side. Additionally, there's going to be some pretty heavy landscaping requirements for the perimeters of the adjoining neighbors as well as Punahele Street. I believe it's Limited Industrial to Single Family Residential zoning. Also Condition D requires that this property be utilized strictly for employee parking for the Punahele Professional Building. Any amendments to this, you know, if the applicant wants to utilize this property for any other purposes, it will require them to come back to the Plarnning Commission and to the County Council to amend the ordinance. 4Ve have received several letters. One of them is from the applicant's representative, Sandy ong. Additionally, we've received letters from the adjoining property owners, Marjorie Gushiken who resides in this particular area and also Cheryl Reis. The letter that we had received from Cheryl Reis dated April 1St is requesting that the Planning Commission continue this matter because of medical reasons. Additionally, this morning we had received five letters that have been passed out to the Planning Commission. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawaii County Council on this matter. Are there any questions? GRAHAM: Commissioners? All right. Well, I think going from Mr. Torigoe's recommendation we should call the applicant before us first now. So would the applicant and/or representatives please come forward and be seated at the table. SONG: Good morning, Mr. Graham. I'm Sandra Song and I'm representing the Association of Apartment Owners of Punahele Professional. Excuse me, I'm very ill and Diana Van De Car' with me today if I cannot speak. Also with me is Nancy Cabral. So I may need water. GRAHAM: Thank you. Could you folks raise your right hand while I swear you in. Do you swear or affirm to tell the truth on this *oday? .matter before the County Planning Commission 4STIFIERS: Yes. 2 000342 iGRAHAM: Thank you. So, Ms. Song, you or whomever who would like to speak on this matter can go ahead; and just start with your name and address also. VAN DE CAR: My name is Diana Van De Car. My address is 101 Aupum Street, Suite 238, Hilo. GRAHAM: Thank you. Go right ahead. VAN DE CAR: All right. I think the first matter that was before the Commission is the request for the continuance by Ms. Reis. Ms. Reis is a resident, I understand that she's in the hospital right now. We have to oppose the request for the continuance. I'm here today with very little information but I'm here trying to assist Ms. Song. Ms. Song was diagnosed on Monday with ovarian cancer. And she has handled this matter through the entire process and it would be very hard for me to step in at this moment, I mean at this point, and do an effective job at a hearing without her being here to assist. So I think you have a lot of information from Ms. Reis. I think Ms. Reis has been objecting to the application throughout. And I don't think her position is going to change, and I think you have written information from her already. So if you could hear this matter this morning, we would appreciate it. One of the issues that we do have is that, it's an important situation. I don't want to get into the merits right now, but the additional parking for the medical facility is very, very necessary and there's quite a bit of hardship. If you look in your materials, you have a number of signatures on petitions from Watients and employees of the area who really do need the assistance. SONG: If I could just add? GRAHAM: Thank you, Ms. Van De Car. Go ahead, Ms. Song. SONG: Ms. Reis has stated her position in opposition. Her position will not change. She has always been opposed to it. You have what her written comments are. This is a change of zone application and any comments from the public whether it's a next door neighbor or somebody 10 miles away, it's still public comment on the recommendation. It's not like a contested case hearing. And to be honest with you, since we know she's opposed, we don't refute that she is opposed, that's she's upset about the traffic and the noise. All of that is stated in her letter. Mrs. Gushiken who is another neighbor who is opposed to this is present. We, and so you will be able to hear any comments she has. And I might also add we have tried our best to work things out with these neighbors. There are five neighbors in an area that is developing as a medical services area; but there are five residential neighbors and they just don't want to work anything out. So there's no question they're going to be opposed to this matter. But we just ask that this matter proceed today so that there will be a decision one way or another and it goes up to the County Council. Thank you. GRAHAM: All right, fine. Let me ask the Connunissioners at this point what is your sense on doing a continuance at the request of this one neighbor? Commissioner Watanabe. 3 000343 WATANABE: I would, if you would entertain a motion I would move to deny the continuance for the very facts that she stated; and, in fact, her letter is attached in our materials so I'm not overly concerned about, you know, what she could present. GRAHAM: All right. I don't even know we need a motion. It's just if there's interest in the Conunission on doing a continuance then we could take a motion on that or take discussion on whether there is any interest. IWASHITA: Mr. Chair? GRAHAM: Commissioner Iwashita. IWASHITA: My sense and my feeling right now is that we should consider the request by way of a motion. I would support such a motion. Ms. Reis is a neighbor, she has the personal experience, whatever, you know. We have her written correspondence. She also represents that there are things that she wants to present that are not set forth in her letter. And she also can present, you know, whatever. She doesn't live 10 miles away. She lives right next door so she can talk about those direct kind of matters that I believe she has a right to do so. My inclination is to provide her the opportunity to do that. GRAHAM: Mr. Torigoe, would it be appropriate that we take a motion to that effect right now and vote on it and get the sense of the Commission? OTORIGOE: That would be within your discretion to do one way or the other. CABRAL: Could I speak on that? GRAHAM: Yes, you may. Go ahead; and give your name and address, first, please. CABRAL: Hello. My name is Nancy Cabral and I'm the property manager .and the applicant .in this matter. And my address is 2 Kamehameha Avenue, Hilo, Hawaii. And I am the property manager for the Association of Owners of Punahele Professional Building; and I'd like to speak against that. I can appreciate that this is the time when the public all have their right to have their say and present their case. Of course, we all know that this will come up again with the full Council and there will be that opportunity. The Association of Owners while they may be doctors, they are under a lot of stress in the timeframe to try and resolve what the parking situation is going to be; and this came to a head when Radiology moved into the building last year. So then time is of the essence and there's also the expense. You know, it's horrible that Ms. Song is ill and it's going to be quite a time before she might be able to make a presentation to this group again. And we would hate to spend the money to have Ms. Van De Car come up to snuff on all of this. I had to say it in that, but, you know, the Association has done everything, including asking to have a meeting with all of the neighbors. We sent a letter to them to meet with us so that we could discuss it, and discuss the plantings, discuss the request for zoning. No one showed. up. Ms. Reis is very articulate. She has put out many, many letters prior to even is meeting about it. It's very clearly stated, along with her photos. She goes back to historical to before it was even a medical building when the County used the land and how she was unhappy with its use by a contractor putting in the sewer lines 20 years ago. So all of that is in 4 000344 your information here. And I would really urge this body to let us move forward because of both ®the, the fact that we as the association have gone ahead and done everything we're supposed to try and do to be here today and spent the time and the money to do so; and we'd like to think that her written testimony which is very detailed would suffice in this matter. Thank you for your attention. GRAHAM: Would you care to snake a motion then, Commissioner Iwashita? IWASHITA: I move that REZ 07-000060, AOAO Punahele Professional Building, Change of Zone from Single -Family Residential 7,500 square feet (RS -7.5) to Neighborhood Commercial 10,000 square feet (CN -10) district for 9,230 square feet of land be continued to the next Hilo meeting. GRAHAM: Do we have a second to that motion? SIRACUSA: May I make a comment before we second? In case, we might not want to say the next Hilo meeting, you know, we might want to wait and see what Ms. Song's condition is before we set a date. GRAHAM:. Well, we could adjust the motion if there is a -. SIRACUSA: We could just say to the next Hilo meeting agreeable by the parties or something. *_UEN: Well, I think the simplest thing is to extend it to the next Hilo meeting; and if the applicant requests a deferral then we would have a deferral. I'm not making a comment on the merits of the motion itself, but that would be the simplest. Because we need to, if it is deferred then the timeframes for getting back to the newspaper publication and the like come into play. So the Department needs to know when it would go back on. GRAHAM: All right. We're still looking for a second for that motion. Someone care to second that motion for a continuation? SIRACUSA: I'll second it for the sake of discussion. GRAHAM: All right. Commissioner Siracusa, thank you. IWASHITA: Mr. Chair? GRAHAM: Commissioner Iwashita. IWASHITA: Thank you. Speaking in favor of the motion, I appreciate the conceal of timing and so forth expressed by the applicant. However, you know, our rules and this whole hearing public hearuig process is designed and supposed to provide those who are concerned, in this case Ms. Reis, the opportunity to be personally present and present those concerns. And I ow we have paper from her already but that does not replace the right to be here in person and sent whatever additional matters that she believes she has to present. So that is my main concern and why I made the motion. I'm a little, nay comment about the timing and the need to 5 000345 progress and all of that, the applicant is in violation or was acting in violation for I'm not sure ®how long but, you know, over a protracted period of time and went before the Board of Appeals and so forth. And this request, this change of zone application is being submitted in order to change the use so that it can be used for a parking lot. Part of my concern, you know, is that the applicant has a business building with parking that it believed was sufficient and now it's apparent that it's not and is, you know, basically anxious about obviously getting this thing through to try and rectify that. But that's a creation of a problem by the applicant, poor planning, excuse me. All right, you have so much office space and expecting so many patients and so forth and you don't provide enough parking, that's not technically our problem, you know. And we're being asked to make a recommendation on this application in order to help the applicant rectify it. Part of my concern is why don't you just build a parking structure? You know, why can't you resolve the problem on site and why do you have to go off site? Those are the kinds of concerns that I have and to me speak against the applicant's argument that we really need to get this through because this is the only thing we have to do. GRAHAM: All right, thank you. Any other Commissioners care to comment? Commissioner Domingo. DOMINGO: Thank you, Mr. Chairman. There are a number of, there are several options that we can take. We can move this up immediately today and forward this to the Council without any recommendation from this Commission, we can take action immediately Wtoday, or we can defer this matter until a future meeting. In my other life as a Council Member, I ad also heard the arguments of issues surrounding this particular development in the past by members and residents of the particular area. What I'm looking at now, I think the overriding issue is that, for one thing positively, is that parking lot will be allocated only for those employees who work in that area. So that would mean that traffic only would occur, so -call traffic, would occur in the morning when they come up and pull up into the stalls; and the other issue is that when they leave they'll leave probably in the afternoon, probably 4:30, 5 o'clock and that would then again create a number of traffic. And I think one of the overriding concern was that there'd be fumes by people coming in and out as they visit the doctors or whatever they do there. So it seems like there would be continuously coming in and going out of cars; therefore increasing the pollution that neighbors are so concerned about, which would not happen because it's only in in the morning and out in the afternoon. And, you know, I think with the landscaping requirements that would be imposed on the developer, I think it would, I feel that it would negate the major concerns that people would face as I look at it. I don't know, I might be wrong. But that's how I look at it. And I think for me I can take a position now. I can just send it up to the Council and have the Council imake that decision, or if we take a position today it will also be forwarded to the Council and they will make the final decision on this issue. What we'll be doing is just sending a recommendation. So I, you know, I don't know how an important a recommendation would be because often times when you sit on the Council the Council. has, you know, in their wisdom vezridden recommendations from the Commission. So I don't think that it's an issue that would with us today; but it will be continued and then this issue would be addressed b t e So, you know, I have no strong feeling as to deferring this; and this is made in deference to Council. 6 000346 colleagues on the Commission who would like to see a deferral. That's all, Mr. Chairman Thank you. GRAHAM: So, Mr. Domingo, you're not sensing that you would support this motion to defer. Is that correct? DOMINGO: Yes. You know, again, in deference to people on the Commission, I respect their position. But what I'm trying to say is that although we may not defer, but this issue is not going to be dead. It's going to go forward and live its useful life for how long it may be; and the Council will be the final decision maker on this issue. GRAHAM: Okay, thank you. SIRACUSA: Mr. Chair? GRAHAM: Commissioner Siracusa? SIRACUSA: Yes. Well, two things. I'm wondering first if Mr. Torigoe would help me out with the timeline on this. How much time does this Commission have to make a decision? That's my first question. GRAHAM: Mr. Torigoe? 6* TORIGOE: Thank you, Mr. Chairman. As usual with your amendments that are 11itiated by property owners under your Rule 11-3(b)(2), you have 90 days after receipt of the application from the Director, unless a longer period is agreed to by the applicant. You have that 90 -day period in which to transmit a recommendation to the Council. The recommendation should either recommend approval, in whole or in part, or a rejection of the application. And if the Commission fails to act within the 90 -day period, then the application shall be considered an unfavorable recommendation by the Commission. So a default unfavorable recommendation would go to the Council. GRAHAM: And, Mr. Torigoe, if we continue the 90 days would still be running from now? It's not like we reset the 90 days, is that correct? TORIGOE: That's correct, unless a longer period is agreed to by the applicant. GRAHAM: Thank you. SIRACUSA: My second question then. GRAHAM: Commissioner Siracusa. SIRACUSA: It has to do with the landscaping that would act as a buffer on the sides of the parking lot, not the sides facing the street necessarily, but at least the -sides facing the two � utting residences_ Would parking be precluded from the parcel until that landscaping was in ce to afford those residents some relief? 7 000347 GRAHAM: Is that in specific reference to -? 1 ® SIRACUSA: I'm asking if that could be a condition or if it would be allowed in the -? GRAHAM: Commissioner Siracusa. SIRACUSA: Would parking still be allowed? GRAHAM: We're trying to decide whether to continue this hearing to the next meeting or not right now, regardless of what conditions come out in the end.e w So if could -. Are there any other comments on the motion before us on whether we continue this to the next meeting? Jeff, do you want to do the vote then? DARROW: application until the Thank you, Mr. Chairman. The motion before us is to continue this next Hilo meeting. With that I'll take the roll. Commissioner Iwashita? IWASHITA: Yes. DARROW: Commissioner Siracusa? SIRACUSA: Yes. DARROW: Commissioner Domingo? �OMINGO: No. DARROW: Commissioner Rho? RHO: No. DARROW: Commissioner Watanabe? WATANABE: Nay. DARROW: Commissioner Woodward? WOODWARD: No. DARROW: And Mr. Chairman? GRAHAM: No. DARROW: The motion does not pass. GRAHAM: Okay, I think we're at about our lunch break now. So what we're going to 'lave to do is we'll just come back and take up this matter with further questions from the nissioners and our public testimony. We'll be back here at 1:30. 8 000348 RECESSED The Chair recessed the meeting at 12:20 p.m. RECONVENED The meeting reconvened at 1:40 p.m. GRAHAM: All right, the Planning Commission will come back to order. The agenda item we left off when we went to lunch was the Association of Apartment Owners of the Punahele Professional Building, a rezoning application. And we had a request from one of the neighbors for a continuation of the meeting because she was unable to make it; and we just took a vote on that and decided to carry forward today. So we've heard from the applicant. And we do have a lot of people signed up for public testimony on that item. So I think the appropriate thing for us to do right now would be to hear from the public. This is the Association of Apartment Owners of the Punahele Professional Building, a rezoning to allow them to build a parking lot next door to the Professional Building. So I can read some names; and if you folks, there are four chairs. If I read four names, four of you can come forward. Okay, I have Marjorie Gushiken, Loretta Rickets, George Karvas and Dr. Karen Nakamoto. Since I've got only two of you here maybe I should ask for -. CABRAL: Oh -. GRAHAM: Excuse me? CABRAL: Actually I have the statements, written statements, of the three people `that have asked me, they had to return to work, to read on their behalf. That would be all but Marjorie's. WRAHAm: I also have a Dr. Wayne Leong g CABRAL: Yes. GRAHAM: Cabral? CABRAL: Yes, I'm all of those people. GRAHAM: All of those. Okay. Well, we're not going to have so many testifiers. And then from earlier I had Ronit Sanders and Mark Power. Are they still here? SANDERS: It's the next one. GRAHAM: That's the next one. SANDERS: That's No. 5 on your agenda. GRAHAM: Okay, I got it on the wrong sheet here. That's all right. So you folks, you can be seated. And to start off, could you just raise your right hand and swear or affirm to tell the truth before the Planning Commission on this matter today? OSTIFIERS: I do. 000349 current lack of parking for this building. We provide Medical Services in this conununity, to all members of this conununity, and must have additional parking places for our patients. Our ability to provide good patient care is hampered by this limited parking. The zoning change to allow the adjacent area to be used as a parking lot is very important to us and to all of our patients." Thank you. GRAHAM: All right, thank you. Any questions from Cominissioners? All right. CABRAL: Okay, and the next one is from George Karvas who is with Hilo Community Pharmacy, which is also located at the surgical center. And he states, "We the staff of the Hilo Community Pharmacy would like to have more parking available for all of our customers. We appreciate your consideration as a Planning Commission in this matter in making this adjacent area a parking lot for our growing community. Sincerely, Hilo Pharmacy Staff and George Karvas." GRAHAM: All right. Carry on. CABRAL: Okay. My next letter is from Dr. Karen Nakamoto, MD who she is writing on behalf of both herself as a medical gynecologist and obstetrics doctor there at the Surgical Center and her husband Dr. Raymond Lee. And she says, "Thank you for allowing me to make a statement. As one of the physicians caring for patients in the Punahele Professional Building, my patients have been affected by the limited parking. They have needed -to walk from outside the immediate area and at times I have had patients tell me they have been unable to make their appointments because they cannot walk that far. Availability of adjacent parking Wvould allow us to have people working in the building park nearby or park in the additional new parking, not increasing the traffic flow through the day, but only at the beginning and end of the day, and it would open up many more spaces close to the building for our patients. Thank you for your consideration. Dr.- Karen Nakamoto." GRAHAM: Go ahead. CABRAL: Okay, and my last one for someone else is from Dr. Leong, D.D.S., who's a dentist at, again, the Surgical Center location. "I am writing to support the zoning change to allow the adjacent parking lot to be the Punahele Professional Building employee parking area. I am a tenant in this medical setting and I know that patients coming to our building lack adequate parking for their medical appointments. So the zoning change to allow the parking lot would help alleviate some hardship for sick patients coming to appointments in the building. Additionally, my understanding is that the adjacent parking would only be used by employees of the building between the working hours," well, it would be 6 "till probably 6; and, therefore, the lot would be partially secured and have minimal impact on the neighborhood during those working hours. Sincerely or thank you, Dr. Wayne S. H. Leong, D.D.S." Thank you. GRAHAM: All right, thank you. You have anything further at all? CABRAL: My own.. Okay, this is myself, Nancy Cabral, writing on behalf of, I guess, a large number of people, not just in that building but also in our community. Part of our ning change -we have over 1,000 naives that have been signed. And I'm speaking in support of t e rezoning request by Punhale Professional Building. 11 000350 This area of Hilo is a neighborhood in transition. When these residential lots were zoned for houses many years ago, Hilo was a small town and Punahele Street was on the outskirts of town with very little traffic. Since that time Komohana Street has been extended, the County Jail -has been built, the medical buildings and the County Employee Federal Credit Union have all been built in the nearby area.. Iii addition, nearby is a very large Intermediate School and a very, very large High School. These have also grown in size. Punahele Street is a very busy commercial area! The desire of five or six houses to keep Punahele Street as a quiet neighborhood is an already lost dream. Hundreds of cars pass by these houses daily with or without one of these lots being for Punahale Professional Building which we're asking for it to be. used for parking for 20 cars. Punahele Professional Building is asking for the one residentially zoned lot that Punahale Professional Building owns to be rezoned in order to support the majority of the use of the area. If this rezoning is granted, we will keep up the fence that is currently in place, we will keep the gate that is in place and we will provide security for that lot. Although there has not been a vote taken, but if the rezoning is not granted, Punahele Professional Building has absolutely no reason to keep the fence up, no reason to keep the chain- link fence up. Our only obligation what we found in our appeal was that although it had not been done in the ten years we have to have a barrier hedge between our own property and this residential lot which we also own; and we are in the process of putting up that barrier now. So 0. hat's our only obligation, and I think these neighbors need to understand that. They love it how it is now, it's all fenced and gated and nobody can walk through it at all. That will not have to stay that way. If we don't get our rezoning, the fence goes away. I don't think there's any requirement in the County that you mandate a residential lot have a 6 -footer chain-link fence around it or to have a gate locked all the time. So those will go away and it will return. Again, if the zoning is not granted, there's no reason to keep those in place. Then it will return to its use that it was before. Prior to us clearing the lot, completely clearing the lot, and fencing it about a year and a half ago, the former usage included the neighbors, including the County jail, using it for a parking lot, including the residential neighbors using it as a parking lot when they had extra guests over or parties or activities, the neighbors using it for staging when they had construction projects on their adjacent properties, the neighbors using it as a rubbish dump for their yard cuttings. So, again, if we don't get our rezoning, there's no reason it can't return to its prior usage which was a parking lot. And I understand possibly, and I can appreciate that there might have been obscene activities going on at that time. I'm a little hardpressed to think that our doctors, professional nurses are doing those activities in a parking lot on their way to work at 6 o'clock in the morning or on their way home at 6 o'clock at night. But, otherwise -. This area of Hilo has grown and changed since the 1970's. It will never again be a quiet residential neighborhood on a deadend street. Unless you take the jail away, the schools away, land Komohana Street away, then it can return to being a quiet neighborhood. 12 000351 At this point I'd like to ask this Conunission to help support the doctors and the medical professionals that are willing to do business in Hawaii County. It's in the paper that we want to ® have more medical professionals, so we need to show them that we want them to stay here in Hawaii County; and I ask that you support the rezoning request of Punahele Professional Building. Thank you. GRAHAM: All right. Thank you, Ms. Cabral. Cominissioner Siracusa? SIRACUSA: Yes. No. 1, the previous testifier did not say it was the doctors and nurses who were performing those activities. It could have been anyone. So let's clarify that first. The second thing is whenever someone comes in and says if you don't do this then we're going to do da, da, da, da, da. And the first thing that comes up for me when someone does that is like I think we'll I was planning to vote for you but now I'm going to have second thoughts. So you might have just talked yourself out of something with me. Thank you. CABRAL: My apologies. GRAHAM: Do we have any further questions for Ms. Cabral? Commissioner Rho? RHO: I do. You have a chain-link fence now on three sides and it appears that they're actually going over the curbing to get into the parking area, just from the pictures. CABRAL: No. We, and I apologize. First off, I have no authority to say what will be W., one. I'm just saying that there's no reason for that Association to maintain a fence and a gate if they cannot use that land for their usage. And I think all of the objections or the primary objections are all for activities that occurred prior to us putting the chain-link fence or the gate up. What it is is when we were parking there last year, after Radiology carne in and we needed the parking, we were entering off of Punahale Street. There was a gate there and we gated the two sides and people would drive in off of Punahale, they would then walk up into the parking lot, adjacent parking lot for the surgical center, and they'd step over a curb. There was no driving over a curb taking place. RHO: Okay. Anyway, my real question is whether or not, I guess, the owner of the lot has considered or would consider an alternative to the chain-link fence and planting. CABRAL: Yeah -_ GRAHAM: Commissioner Rho, the only issue that comes from you right now is these sort of public witnesses and next to come is I would be calling the applicant backup. RHO: Oh, okay. GRAHAM: So if you have kind of applicant questions that you probably should just hold them for a minute. 00: i assumed that she was the applicant. 13 000352 GRAHAM: Well, she's kind of speaking in that way but -. ® RHO: Okay. I'll hold my questions. GRAHAM: Thank you. All right, well, you all can sit back now then. Thank you for coming forward with your thoughts. V. REIS: Excuse me, Mr. Chair. GRAHAM: Did you have public testimony to give, Ma'am? V. REIS: Yes. GRAHAM: Would you like to come forward? Okay, and would you raise your right hand. And do you swear or affirm to tell the truth before the Commission today on this matter? V. REIS: Yes. GRAHAM: Okay. And if you could just be seated, use the microphone, and start off with your name and address, and go ahead and give us your testimony. Thanks. V. REIS: Hello, my name Viarile Reis, and I reside at 65 Punahele Street. And I'm here on behalf of Cheryl Reis who's in the hospital right now. What I'd like to say is that the residents of Punahele Street oppose the rezoning. One of the reasons is because it's in violation Wfrector Ordinance 95-33 which prohibits vehicles from accessing that lot. And I believe the Planning is aware of the citations that the have received rued rn violation of that ordinance by continuing to use it as a parking lot. There was supposed to have been a planting screen along the mauka side of their lot which hasn't been done. And that was supposed to give, you know, screening so we'd have some privacy and to prevent cars from driving in and out of the lot. Since then, and since after they were told that they can't use it as a parking lot, it has still been used. The gate is unlocked, people have been driving in with their cars. When the gate is locked or unlocked people climb over the fences. And there's a gap between Margie's property and her fence and people come from the surgical area down through that gap and access Punahele Street through her yard. And there's a lot of people there as far as the, you know, obscene things. A Iot of people bring their animals, and they come along the back area where the planting is on the mauka side and the gap to both Margie Gushiken's side of her property and Cheryl Reis's, and they have their dogs urinating, defecating onto our property through the fence, stuff like that. If you allow this rezoning we just see it as a continuing violation of Ordinance 95-33. And, you know, there's nothing to stop them from putting a 7 -Eleven or anything else there. And, yes, we do have traffic on Punahele Street, but we have it on one side. With the parking lot, we'll have it on the backside. And if you allow that strip to be turned into a parking lot, then we'll have it on three sides of our property. Thank. you. GRAHAM: corning forward 0 Thank you. Any questions from the Corruinissioners? All right, thank you Would the applicant/applicant's representative please come forward. 14 000353 SONG: Mr. Chairman, I'm going to let Ms. Van De Car handle this primarily; and I'll just interject when necessary. And this is Dr. Takase sitting next to me and he is president of the Board of the Association. GRAHAM: All right. Thank you, Ms. Song. Ms. Van De Car before we have you up here, we were really pretty much addressing the specific issue of whether we were going to continue the hearing today or not; and we've already handled that. So I think this is an opportunity if you want to speak to the merits of your application you could do that before the Commission. VAN DE CAR: All right. I'd like to start by saying that I appreciate all the comments that were made today, especially the comments that were made by Ms. Reis's daughter and by Ms. Chinen. It's always, always difficult when a neighborhood is undergoing change. And I have gone through that myself. None of the current Plaiuling Commissioners were members back when I was contesting on my street, you know, things that were happening that were changing. And it's not easy. And you buy land and the commercial areas move up and keep moving; and what has happened on this area is that, as she pointed out it's absolutely right, I mean, she lives next door to a commercial building now. And there's a commercial building across the street, there's a jail across the street, there's a whole line of, it's a medical services area now, where 15 years ago it was not a medical services area. So I mean the land has been changing. So I appreciate how they feel. And I think that Dr. Takase and the Association want to be very good neighbors to them. And ,v, that's why they set up the meeting and invited them all to come, so that they could talk about to try to address those concerns, ways to try to ameliorate those concerns and what might 4kays done, like what Ms. Sircuasa said about, you know, could you put the landscaping in first before you put it to be a parking lot. And none of those people attended the meeting. They just didn't come. So it's hard to address their concerns when they don't come and they don't engage in the dialogue and when the dialogue is just here. And I know Ms. Siracusa you were little offended I think by the attitude;. and I think that emotions start to run high. But what I want us to do and what I'd like to have the applicant do is stick to what the issues are and try to look at what the applicant can do to best address the concerns of the neighborhood. What they've offered in their application is to offer the landscaping to hide or ameliorate the difficulties for the neighbors. They've offered to close off the access on Punahele Street to make sure that there is no traffic that goes onto Punahele Street. And that will make the employees have to drive through the other adjacent parking lot, down through Puuhonu and out onto Komohana Street so that cars are going to be routed well away. What we're talking about is 20 parking spaces, so 20 people who drive into work in the morning, park their cars, and then 20 people who drive in the evening and leave. And that's the entire traffic addition that's going to be there. They're not going to allow any customer parking there. It's going to be empty on weekends, it's going to be empty at night. If there's landscaping and fencing up, we're not going to have people coining in and having access at night to do things that were upsetting and certainly offensive. So I think that the applicant is trying. OThere was a concern that there was a violation before, that the people were parking here before. link there was an honest disagreement in legal intelPretations of whether or not you could park cars on a Iot in a residential area. I know that the Plaiuling Department's position was no. The 15 000354 applicant's position was yes. And that's why they went to the Board of Appeals. And I think. Ohat had happened is that at the Board of Appeals level there was a decision to withdraw the npeal and instead simply come and present the application so that all the concerns could be heard at that point, rather than fight and butt head to head. So I think you need to look at it in the context of, you know, here is a good business cormnunity. I third( they're, you know, they have this significant problem, they're trying to address it. They're trying to address it in the way that impacts people the least; but they kind of have no choice. They have to try to address this. And in terms of whether or not they should have put on their crystal ball and they should have predicted years ahead that they might have needed more parking, well, you know, they followed the Zoning Code. They have, the parking that's there in place is the parking that's provided for in the Zoning Code. So if we level that kind of charge against them, then we have to level it against ourselves and we have to level them against our County. So I think they're very, very anxious to work with the neighbors. They're very, very anxious, which is why they scheduled the meeting to try to ameliorate any concerns. And they're quite willing to address these things, and I hope you'll ask any questions that you have so that we can get the answers for you. And that's about all I have to say unless Sandy has anything to add. GRAHAM VAN DE CAR: Thank you. You're welcome. GRAHAM: Do we have questions from the Commissioners of the applicant? Commissioner Domingo. &MINGO: To the representative of the applicant, what is your interpretation of the landscaping in this particular situation on both sides of the parcel? VAN DE CAR: You know, since I'm pinch -hinting I'm going to try to defer to Ms. Song. SONG: Are you talking about the recommendation of the Planning Director? DOMINGO: Yes. SONG: Well, the Planning Director wants landscaping that would be required for Industrial zoned property, which is a thicker, I believe it's a thicker landscaping than would normally be required. My clients have no problem with that at all. But it's generally, I guess the normal landscaping for Commercial is not quite as dense or thick as an Industrial. And that recommendation is totally satisfactory. DOMINGO: You know, going beyond that like for instance as I indicated before we hada break that the parking lot would be used for the employees and they'll come in in the morning and they'll go out after work and that they'll be no other traffic between that time, probably sparsely with those working, having have to go to do some errands or whatever. So we're looking at a parking lot that is somewhat passive and not really a lot of cars moving. But one of the statements made during the testimony was the fact that people were taking their dogs iQsKnmals, and they're going across the parking lot and defecating in their property. And that's my question, I was led to ask a question about what kind of landscaping you're looking at. I've seen in some situations where the parking lots have barriers made of, you know, you have a 16 000355 hollow the going up a few feet high and then going up higher as you, depending on the 9opography of the land, and on that is made wooden slats of some sort with the wind being able o pass through, but certainly not animals, and hopefully it would create a barrier for carbon dioxide going through as they indicated. You know, that's what I'm looking at. SONG: Mr. Domingo, if they wanted a fence my clients could put up a fence. I think some of the complaints, and some of these complaints are mixed up because it has gone over a series of years. This lot was previously, until about a year and a half ago this lot was not fenced. It was open. And primarily it was not used by employees. It was really used by HCC; and it was either used by the jail guards or people corning to visit. In fact, there was a letter in the file where Ms. Reis complained because she found dirty diapers. This is all before the building tried to fence it off and control the area. And so when it was just a vacant lot, I mean, I hate to say it but people going to HCC are not always the nicest people; and that's across the street. And if it's going to be open and vacant, they're going to, you know, they're going to use it, or do whatever. So merely by the fact that it's fenced off now has stopped that problem. As far as animals jumping a fence and getting into other people's property, well, if they're jumping a fence I don't what can be done about that. But, again, my clients are willing to do what's necessary to keep that parking lot from access to the neighbors, to protect the neighbors from dogs, or people, or whatever. GRAHAM: Okay. Commissioner Watanabe? WATANABE: Yeah, I have a question for the Director; and I'm referring to this comment Wtt' er dated February 27, 2007 from Public Works. And they had indicated, you know, at that e they weren't sure whether entry would be from Punahele Street or not and they had indicated that, you know, they should provide for road widening, future road widening because it's a 40 -foot roadway currently. And I'm wondering if we already have the right-of-way to do the widening. I'm not suggesting that we should do the widening now cause you've eliminated access from Punahele. But I'm just hoping that we already do have the right-of-way or if we don't that we would be able to obtain it at no cost to the County should the County then in the future decide they want to do a road widening there. We already have that. I believe it's not going to affect their parking lot because it'd probably be, the road widening would probably be in any required setbacks or what not, you know. GRAHAM: That's a question for Mr. Yuen? WATANABE: Yes. YUEN: We didn't include the improvements to Punahele Street because of the limited nature of the project and the fact that there wasn't going to be any access to it. We could. have a road widening setback condition put in, and that would be a normal condition in the rezoning. Jeff, was there a reason why we didn't have a road widening setback? DARROW: Just because of the fact that there hasn't been any other setbacks on that stretch. 10EN: So that this would be the only one. 17 000356 DARROW: Right. *WATANABE: Follow-up? GRAHAM: Go ahead, Commissioner Watanabe. WATANABE: Seeing that this, you know, if it goes through it's going to change to a Commercial and you are going to consolidate the lot, I'm thinking that maybe we should put that condition in, the setback in. Cause we don't know what the future holds and it saves the County money in the event that some day, well, I hate to say this but if some day you don't have residents. You've got five now and some day if you don't have residents, then you might want to widen the road. Without having to go in and conderrrn it, at least one lot is done. GRAHAM: All right, thank you, Commissioner Watanabe. Commissioner Siracusa? SIRACUSA: Yes, I'm looking at the letter from the Planning Department to AOAO Punahele Professional Building c/o Ms'-' Cabral and this is dated December 22, 2006. On the second page there there's a, well there's a list of items, "Our zoning inspector conducted a site inspection," and then there's a list of items. Item No. 5 says that "According to our files, the property owner of the subject property was previously cited for `operating a vehicle parking lot in a single family residential district' in our letter dated March 10, 2006. After filing an appeal on April 10, 2006 an agreement was made between your client and the County's Corporation Counsel. The agreement stated that the subject property would be closed within 30 days (or no N later than November 13, 2006) and the property owner would plant a full planting screen along border with neighboring properties." You know, the photographs that were passed around Qday I assume are considerably more recent than December 22nd and I didn't see any signs of a planting screen. So it would appear that that has not been done. And the very next paragraph says "Subsequently, the gate to the subject property was closed on November 13, 2006 as agreed. Corporation Counsel considered that they complied with the agreement." But obviously that compliance had nothing to do with the planting screen because as we see that still has not been done. I would like to have that addressed, please. SONG: Okay, the planting screen, in fact we thought the planting screen would have been along the Gushiken and Reis. properties; but Corporation Counsel didn't want it there. They wanted it along the boundary between Parcel 18 and Parcel 42. And what I'll call Parcel 18, this is Parcel 18. Parcel 42 is where the Punahele Professional Building is right now. And I didn't think it made sense but that's what they wanted, and there was never an agreement reached because of that. But the parking lot was closed. That citation letter that you talked about that you're referring to, the DLNR had to cut trees down on Halai Hill and the trees would have fallen on cars in the parking lot for the Surgical Center, not the Surgical Center, it, the Rehab, the upper parking lot. And Mrs. Cabral determined that for safety purposes she would have the employees that norxrrally park in that upper parking lot for two days park m this other parking lot. And she made the decision and took the risk, and did that for the two-day period because she didn't want to see cars being damaged if trees fell because DLNR couldn't control the trees. Although they said they could; she was still worried. And so that's what prompted that 'et�gr and the violation. 000357 But as far as the planting screen, it was my understanding we would have started doing a 0 lanting screen along the Reis and Gushiken properties. In fact, part of the agreement was that e were supposed to meet with them so they would have input on that. Unfortunately what happened is we closed the parking lot on that date and then Ms. Reis sent a letter that very same day saying she didn't want to participate in any agreement and settlement. So we never got any input from them as to what they wanted as far as the planting screen easement and we didn't proceed with it. I thought we'd have one by now but we just didn't want to do anything without community input as well. Cause right now there are podocarpus trees between Parcel 42 and the back side of these residents' parcels. And podocarpus trees provide a great buffer but they also, the roots are terrible and the roots have caused problems. And then they've had termite problems with some of the podocarpuses, so they've had to treat the podocarpuses for termites. So podocarpuses in hindsight hasn't been the best choice. But they want to put something there that would provide a good buffer other than the podocarpuses. So, you know, there have been some challenges with the landscaping there. And also, Ms. Siracusa, part of why we drafted the application the way we did is if it would be more satisfactory to put up a solid fence for the neighbors, that's not a problem either if that would satisfy the community more than the landscapuig. GRAHAM: Okay, thank you. SIRACUSA: Follow-up? GRAHAM: Follow-up. I&RACUSA: It's my understanding that the primary concern of the neighbors is not so p Y g much the visual impact of having to look through a chain—link fence at all the cars but the fact that it's the noise and the fumes, especially when they start up their cars again. And certainly a very thick planting would help that, but a solid fence would help that as well. My main concern, and I've mentioned this earlier, and Diane referred to it, was that I really feel that we should not allow the parking lot to be reopened until there's a good solid buffer of one sort or another -- be it solid or whatever, you know, is determined, that's not my call -- in order to protect those two neighboring parcels. VAN DE CAR: I think the applicant would be willing to put a fence up right away. Landscaping you'd have to wait until the landscaping grew up. But I think they'd be willing to put up a fence right away which might accomplish that goal. GRAHAM: All right, thank you. Commissioner Watanabe? WATANABE: Earlier I asked the Director if we had any future road widening setbacks included. And I'd like to ask the applicant now if you think that might be something you'd be agreeable to if we were to craft something like that. SONG: . I talked to Dr. Takase and he said it would be okay. owTANABE: Okay, thank you. GRAHAM: Any other questions? Commissioner Iwashita? 1.9 000358 wVASHITA: Thank you, Mr. Chair. I'm looking at Page 6 of what's labeled Page 6 of e Background Report, well, it's not Page 6 of the Report, it's Page 6 of, Background and County Environmental. Report Change of Zone request, I guess, prepared by the applicant which is attached to the County's Background Report. And it appears to be an undated plot drawing done by Ron Nagata, AIA Inc. for a new office building for Allan Takase. And to the left or I guess it would be east of the building involved in this case, there's a 15,094.67 -square foot part of the lot. What's on that part of the lot today? SONG: It's Rehabilitation Hospital of the Pacific. IWASHITA: There's a building there today? SONG: Yes, and parking. IWASHITA: Okay. When was that built? SONG: About the same time as the Punahele Professional Building. IWASHITA: Okay. SONG: Oh, I'm sorry, the Rehab Hospital is the other new building that's -. I'm giving you wrong information. Oh, I think that's just part of the hill. 4LKASE: No, the Rehab is here. This is the Rehab. SONG: Okay. No, it is Rehab Hospital Pacific now. I'm sorry. This was early on in the rezoning process. IWASHITA: What is early on? SONG: This map was done for the rezoning of the Punahele Professional Building. IWASHITA: Okay. What alternatives if any has the applicant looked at in terms of expanding parking on the existing parcel? SONG: If you're talking about building a multi-level parking structure, the cost is extremely prohibitive. The impact on the community, on neighboring communities, I think would be worse because if you have a multi-level parking structure people from the parking lot could look down on theses residential structures, on the residences. So I think it would have far more impact. IWASHITA: These are your thoughts or this is what the owner has actually looked into? G: Well, the owner has looked at it, too. IWASHITA: And what is the number that you're describing as prohibitive? 20 000359 ONG: I don't have the number, Mr. Iwashita. But a multi-level parking structure s extremely expensive. IWASHITA: So it sounds like it was a passing thought but no real inquiry, or drawings or anything was done to try and cost it out? SONG: Mr. Iwashita, my clients felt this would be the least offensive manner of obtaining some more park=ing for the employees. IWASHITA: What alternatives if any did the applicant look at in terms of other possible off-site parking alternatives for employees? SONG: The parking in that, there is none available. The parking in that area is a serious problem for all the medical facilities. IWASHITA: So you're talking about the Rehab and the other two structures that are south of the Punahele Building? SONG: And I'm talking about Straub, there's a whole series of buildings Mr. Iwashita. And parking is a significant problem in that area. IWASHITA: Has any consideration been given at a site that's appropriately zoned so no r oning would be required and shuttling, and obviously it's not going to be any where near here, Vd shuttling employees from that site to the places where they work? SONG: There has not been that consideration. IWASHITA: Okay, thank you. GRAHAM: Commissioner Rho RHO: Looking at that same map, it seems like there's existing parking bordering the neighbors on three lots. Is that not correct? SONG: That's correct. RHO: What's between the parking spaces and the lots? SONG: There's a fence and a podocaipus buffer, really tall podocaipus trees. RHO: And a fence? SONG: Fence too, yes, a 4 -foot fence and the podocaipuses. Most of them are over 20 feet high now. 0O: Anyway, I just wanted to coininent that I think it's really unfortunate that the neighbors didn't attend your meeting or are not really participating. I think there can be 21 000360 alternatives, a wall like you mentioned, even a concrete hollow tile wall that might buffer the 0Oise. But I also have a question about when you expect the employees to report to work cause I iink some place in the testimony 6 o'clock was mentioned. SONG: Employees come between 6:30 to 7 in the morning. RHO: And that might be a concern for the neighbors. And then they would leave about 3:30 to 4 o'clock or thereabout? SONG: That's correct. The latest would be 5. RHO: Thank you. GRAHAM: Any further questions from Commissioners? Commissioner Siracusa. SIRACUSA: I'm wondering if any of the employees, or if you would know about this, are part-timers so that if they would be using the parking lot they would be going in and out at different times other than the main in the morning and out in the evening? SONG: We. don't expect very many to be like that, if any. We just don't anticipate it. GRAHAM: Okay, is that all we have? *ASHITA: Just one other. GRAHAM: All right, Commissioner Iwashita. IWASHITA: Has the applicant looked at valet parking or some other alternatives in terms of maximizing the use of what's existing there mainly for the patients and scheduling when patients are scheduled to come and so forth, alternating hours? Cause, you know, frankly 20 parking spaces, right, that's, from the problem you're describing it's not going to solve it. Right? So, or is the applicant representing that by getting 20 spaces then that will solve all the parking problems for this building? SONG: Thirty-two employees are presently required to find on -street parking. So this will alleviate 20 out of those 32 employees having to find on -street parking. Now that on - street parking may be on Punahele right now. I don't know where they're parking. It's not going to be a panacea but it sure will help. But then nothing is perfect. Mr. Iwashita, this issue of parking is really complex. The Councilwoman from Kona has recommended a proposal to increase parking because it's such a serious concern; and properties that meet all the zoning requirements for parking don't have parking. The downside of this is like Mr. Yuen has said, well, how much parking do you want? You know, do you want unsightly parking lots? It's a difficult balance but the bottom line is we need medical facilities. We need to have parking for the employees. We're trying to come up with something that would help the situation with the t offensive way. Rather than any multi -story structure or any offensive structure, just striping AC and buffering we felt would be the most accommodating method. By closing off 22 000361 Punahele we felt that would help alleviate some.of the traffic. You know, we're trying the best &e can. That's all I can say. GRAHAM: Okay. IWASHITA: I don't have anything further for the applicant. GRAHAM: Thank you. I think we're finished with our questions. You folks can sit there or go back as you please. But we're not expecting you to participate any more. Thank you for your presentation. All right, Commissioners, so we're on to the action part of this agenda item. Commissioner Watanabe? WATANABE: Yes. I'd like to ask the Director if you feel like we should, cause I thiz-lc you've heard that the applicant is perfectly willing to provide a future road widening setback, if you'd recommend that we place a condition like that in this rezoning? YUEN: Yes. It would say that they shall indicate a 10 -foot wide future road widening setback on plans for the site. GRAHAM: All right, thank you. Commissioner Siracusa? SIRACUSA: Yes. I would like an answer to my question before we go into making a motion as to whether we can make sure that the buffering for the neighbors is accomplished fore the parking lot is opened up for use. YUEN: The way the condition is written currently, and it refers to Rule 17, the landscaping doesn't have to be grown when the facility is opened. The idea is that the landscaping, it's enough to have landscaping that will grow to accomplish the results. And I'd have to get Rule 17 to describe specifically what is necessary. But basically it ends up being a near complete visual buffer at a low level, like eye level, and then intermittent trees at a certain height to partially block the upper level. But those trees and the bushes even that provide the low level blockage can grow into their correct size. Now the County expects, you know, when these things are implemented that they be done in a commercially reasonably way that you don't start with a, you know, actually make a little motion with your fingers. No, we'd not accept a little two-inch high cutting. And I think you've seen buildings being put in and landscaping being put in with planter, trees being started that are saplings or small shrubs and then the idea is that they do grow out. So if you were to make a condition that didn't allow this, that would be a special condition. Sometimes, you know, the larger specimens are a little hard to get. GRAHAM: All right, thank you. Commissioner Watanabe. WATANABE: I'm ready to make a motion. I move change of zone application (REZ 07-000060), that a favorable recommendation be forwarded to the County Council with the ed condition for a 10 -foot future road widening setback. 23 000362 GRAHAM: Along with the conditions suggested by the Planning Director in his recommendation? WATANABE: Exactly. GRAHAM: Do we have a second? DOMINGO: Second. GRAHAM: Okay, moved by Commissioner Watanabe, seconded by Commissioner Domingo. Do we have discussion from the Commissioners? Commissioner -? DOMINGO: One question, Mr. Chairman. With regards to that buffer that we've spoken of, I'd like to have it clear in my mind that it will be used to prevent noise or fumes and even trespassing onto other neighboring properties, regardless of what the Department or the Commission is referring to about the buffering. You know, as long as it would prevent the noise and fumes and trespassing of other individuals onto the properties is what I'm concerned about. GRAHAM: Do the conditions as they're written address your concerns properly? DOMINGO: It would address that but I just want to make it clear that, and if so seconding it, I'm of the understanding that these issues will be addressed. *AHAM: All right, thank you. Commissioner Iwashita? IWASHITA: Thank you, Mr. Chair. I think everyone can see from my earlier questions that I really have difficulty with this change of zone, and it's a change to a Commercial Neighborhood zoning, which would allow for multiple, lots of uses. But then where it's being done for a specific purpose and it's to provide parking and we're creating all these conditions to make a 20 -car parking lot, one that is supposed to allow 20 out of 32 employees that now park off-site, you know, "on-site parking." And my difficulty with what we're doing is that in my mind, you can agree or not, but in my mind, you know, this is just a small little wart, if you will, about what's wrong with our process. And our process is wrong because when this project was approved many years go, you know, all the parking stalls as the applicant represents, right, were in compliance with but was required by the law. And I think all of us from our own personal experience can say that in almost every case, except for maybe early smaller kind of commercial developments, that they're never enough, a lot of times, sometimes it works. And for us to have to deal with this now in this manner basically, you know, it's a haphazard process. This is not planning in my mind. This is we'll just see how it works out and we'll do what we need to fix it. And that's not the applicant's fault. The applicant is not, you know -. And part of my concern is this, is that as this drawing that I was questioning the applicant about, when this was done on the original application to do the rezoning of this property and get it roved to be commercial and medical, this lot that we're now talking about making a parking was part of the plan and it was, and what was designated was basically an access, part of an access to this project. Right? And if in fact it had happened that way, where would the applicant 24 000363 be today? Where would the applicant be today? The applicant would have double access and no gpportunity to ask for doing what we're being asked to do today. There is something very wrong With our process when things have to be done this way, and we see this, in my opinion, on a much too regular basis. So here's my pitch. I'm not going to vote for this, in favor of it. And as most of the Commissioners know, I really believe and I really would like to get a commitment from as many people as possible, including the Director, to have the community development process implemented island -wide all at once and it be done in a way so that in the future we don't have to be dealing with this, or we'll deal with these kinds of situations on a minimal basis. And the reason I think that's possible is that the community development plan will allow basically, hopefully force, or the community members will see it's an opportunity to, you know, if the remaining residents of Punahele Street want to continue to see it as a residential area it has to be within the context of what's already there and then what you want in the future and how people are going to get around. And my guess is not one person that goes into this building walks. Not one worker, not one patient, nobody walks to this building. That is an inherent problem in how we do things because we'll never, never, never have enough parking spaces or enough roads. Everybody grumbles about all the roads. We'll never have enough if we keep doing things like this. So, you know, I know there's a problem. It's a problem that's created in part by the rules, it's a problem frankly created in part by the developers who use the rules to get their developments done and don't make adequate provisions for parking. You know, people talk about a crystal 11, you don't need a crystal ball. You know, you're planning a medical building and a doctors fice and radiological facilities, you know, I'm sure in their business plan they know how much profit per square foot they're going to get or they're not going to build it. Right? And part of that is parking. So if we take out 20 parking stalls and we don't build them, then that increases the profitability of the office space we have. These are developers that are building these buildings. They may be doctors also but they're developers. They can count the dollars, right? So we need to do things differently. I, you know, I'm sorry if -. My sense is this is going to pass and when it goes to Council it will go by Council, the same way that Fern Acres went by Council, the same way that Orchidland went by Council, the same way that Paradise Park went by Council, the same way when all these things that we thought were great that, you know, would provide jobs for the community, and alleviate certain problems, right? We close our eyes to the problems we create. And if we keep closing our eyes to the problems we create somebody is going to come around and kick us in the behind one day and say, and it's probably going to be our grandkids, if not our kids. My son is already kicking me about some of the things he sees going on here. So they see a lot clearer what's going on. They don't see the problems, they don't see the rights, they don't see the entitlements. They just see on the ground that there are problems that we are creatiuig; and today we'll create another, or will push one on to create another one. Thank you, Mr. Chair. GRAHAM: Coininissioner Siracusa? ACUSA: Yes. While I agree with most of what Commissioner Iwashita has said, at same time we already have, this building is already in place, this medical area is already in place and we are stuck with the poor planning problem that we were left with of insufficient 25 000364 parking, and people do have to access their medical providers. So at this point in time for this particular change of zone application I am willing to support it. However, I really would like to see as much mitigation of the neighborhood concerns as we possibly can do. On Condition C the middle of Condition C where it starts talking about landscaping, it says, "Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties," I would like to insert one word after "noise," and then the word "odor" because there are fumes generated by vehicles. So what we want to do is also try to mitigate the smell from the carbon monoxide. And so I would feel a lot happier with that condition if we inserted that one word. Would that be acceptable to the maker of the motion and the seconder? GRAHAM: Commissioner Watanabe? WATANABE: I don't have any particular objections to that. I'm just wondering if is it possible with the type of, you know, with Rule 17 in place is it possible or -? We may be splitting hairs here. It may be very difficult to determine to what extent we're trying to eliminate odor. SIRACUSA: May I respond? WATANABE: Sure. GRAHAM: Yes, go ahead, Commissioner Siracusa. ACUSA: We're not talking about eliminating totally because we don't have a yardstick for that. Mitigating means at least make some positive steps towards addressing it. So if we put in, for example, you know, a solid wall or if they put in a really thick planting of say areca palms and some other things that are thick, it would absorb a lot of that. One of the things that vegetation does is absorb odor. And some plants absorb it better than others. GRAHAM: Is that all right with you, Mr. Yuen, to include that? YUEN: I don't have a problem with including that in the condition. GRAHAM: Thank you. So the Director says he has no problem with including it. WATANABE: Okay, then I'll accept that as a friendly amendment then. GRAHAM: All right. And the seconder accepts that also? DOMINGO: Yes, Mr. Chairman. I think I alluded to that fact when I, in my discussion with regards to the Planning Department and the Applicant sitting down together as they discuss an approach to establishing some kind of barrier. I have no problem with that at all. But I'd just like to ask a question of the Director or Corp. Counsel. This particular application for a parking '0t we're extending to them Commercial zoning. Now within that zoning there are varied uses Oh an applicant is able to conduct. Would it be possible in the future they can chane their mind and do something else since they already have the zoning? g 26 000365 ®lotYUEN: Well, there is a special Condition D which limits this to employeepark' oirly. And any change would require an amendment to the Rezoning Ordinance which would go through the same process. Plus, there is a sewer easement through the property that limits f ld Practicality of putting a building on it. he GRAHAM: Are we ready for a vote on this motion? Jeff, carry on, please. DARROW: Thank you, Mr. Chairman. The motion before us is to send a favorable recommendation for this application to the Hawaii County Council. This is to approve with amendments. One amendment will be an amendment to Condition C where we w ll add the word "odor," in the sentence that states, "Landscaping shall also be indicated on thelans for the purpose of mitigating any adverse noise, odor or visual impacts to adjacent properties...." P Additionally, we will be adding a new condition. This will be new Condition G, all conditions after G will be realphabetized accordingly. This new condition will state, "Theapplicant provide a 10 -foot future road widening setback along Punahele property." That sounds okay? Street fronting thshall subject WATANABE: That's sounds okay. DARROW: Okay, with that I`ll take the roll. Commissioner Watanabe? WATANABE: Aye. WRROW: Commissioner Domingo? DOMINGO: Aye. DARROW: Commissioner Iwashita? IWASHITA: No. DARROW: Commissioner Rho? RHO: No. DARROW: Commissioner Siracusa? SIRACUSA: Aye. DARROW: Commissioner Woodward? WOODWARD. Aye. DARROW: And Mr. Chairman? &AM: Aye. 27 000366 DARROW: The motion passes five to two. OGRAHAM: All right, thank you. You'll be notified in writing. � SONG: Thank you. The discussion ended at 2:48 p.m. 11 Respectfully submitted, 3'1n • j� Sharon M. Nomura, Secretary 28 000367 4f CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL r-\/1 1 1 r% IT An • October 19, 2007 Sandra Pechter Song, Esq. Attorney at Law 10 Kamehameha Avenue Hilo, HI 96720 Ms. Cheryl R. Reis 65 Punahele Street Hilo, HI 96720 Dear Parties: BOARD O1+ APPE!-,LS Aupuni Conter 101 Palahi , Suite 3 - Hilo, Hawaii 96720 (808) 961-8288 0 1--ax(808)961-9742 Amy Self, Esq. Office of the Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, HI 96720 Board of Appeals (BOA 06-000020) Petitioners: Association of Apartment Owners of Punahele Professional Building Request: Appeal of Decision by the Planning Director dated March 2, 2006 Notice of Violation and Order (ZCV 06-030E) Tax Map Key: (3) 2-3-35:42 Punahoal South Hilo, Hawaii The Board of Appeals at its October 12, 2007 meeting adopted the proposed Findings of Fact, Conclusions of Law, and Decision and Order, as amended, for the above -referenced petition. Attached is a certified copy of the adopted Findings of Fact, Conclusions of Law, and Decision and Order. Should you have any questions, please feel fee to contact Alice Kawaha of the Planning -- —Depart ment–who-ser-ves--as-staff-to-the Boards -at 9b -f -82-88–,E- x -i. 203- -- --- ------------------------------ - Sincerely, V'a10lian7nal` �--C Board of Appeals Att. xc w/att: Board of Appeals Corporation Counsel, BOA Attorney Planning Director Ministerial Division – Mr. Daryn Arai • _ James Giroux, Esq. . 000368 Hawaii Gorinty is ar7 Ea,..ai OpPortuliity l'r-ovider and Employ (� r BOARD OF APPEALS • COUNTY OF HAWAII 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Telephone: (808) 961-8288 BEFORE THE BOARD OF APPEALS COUNTY OF HAWAII In the Matter of the Appeal of ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING, Appeal of Planning Director's Decision of Notice of Violation and Order ZCV 06-030E re Ordinance 95-33 and Plan Approval, Punahoa 1" and 2"`', South Hilo, Hawaii, Tax Map Key No. (3) 2-3-035-042 In the Matter of the Appeal of ARJN PARTNERS, Appeal of Planiiing Director's Decision of Notice of Violation and Order ZCV 06-029E re Ordinance 95-33, Punahoa I" and 2"a, South Hilo, Hawaii, Tax Map Key No. (3) 2-3-035-016 -----fin the Ivlatter offhe Appeal of` --- ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING, Appeal of Planning Director's Decision of Notice of Violation and Order ZCV 05-095E re Ordinance 95-33 and Plan Approval, Punahoa 1 " and 2"`l, South Hilo, Hawaii, Tax Map Key No. (3) 2-3-035-018 • BOA NO. 06-000020 FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER; CERTIFICATE OF SERVICE BOA NO. 06-000021 000369 FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER The Board of Appeals of the County of Hawaii (hereinafter "the Board") considered the General Petition for Appeal from three Notices of Violation and Order (hereinafter "NOV") issued by the Planning Director at duly noticed public hearing/contested case hearings on August 11, 2006, October 13, 2006, and February 9, 2007, The Board has reviewed the files and records on this matter, has considered the arguments of the parties through their representatives and based on the foregoing and the entire record in these proceedings, makes the following Findings of Fact, Conclusions of Law, Decision and Order. I. FINDINGS OF FACT A. BackLyround 1. BOA NO. 06-000020 concerns Zoning Code Violation (hereinafter "ZCV") 06-030E dated March 2, 2006, relating to landscaping requirements as set forth in Ordinance No 95-33 o and Final Plan Approval for the property located at 82 Puuhonu Place, Punahoa, South Hilo, Ha,wai`i, Tax Map Key No. (TMK): (3) 2-3-035-042 (hereinafter "Parcel 42") 2. The subject property for BOA NO. 06-000020 is approximately 59,108 square feet and is located on the makai side of Komohana Street. The Punahele Professional Building is located on this parcel. 3. An appeal was filed by the Association of Apartment Owners of Punahele Professional Building (hereinafter "AOAO") 4. The basis for the NOV in BOA NO. 06-000020 was non-conformance with the requirements of Ordinance No. 95-33 and landscaping requirements as set forth in a Final Plan Approval. 0 5. BOA. 06-000021 concerns ZCV 06-029E and is related to the landscaping requirements as set forth in Ordinance 95-33. 2 000370 • 6. The subject property for BOA 06-000021 is approximately 17,569 square feet and is located on the makai side of Komohana Street at Puuhonu Place, Punahoa, South Hilo, Hawaii, TMK: (3) 2-3-035:016 (hereinafter "Parcel 16"). The Rehabilitation Hospital of the Pacific is located on this parcel. 7. An appeal in BOA 06-000021 was filed by ARJN Partners (hereinafter "ARJN") 8. The basis for the NOV in BOA 06-000021 was non-confonnance with the requirements of Ordinance 95-33 for the subject property. 9. BOA 06-000022 concerns ZCV 05-095E relating to the operation of a vehicle parking lot in a single-family residential zoned district. 10. The subject property in BOA 06-000022 is located at 49 Punahele Street, along the south side of Punahele Street, Punahoa, South Hilo, Hawaii, TMK: (3) 2-3-035:018. The lot size is approximately 9,230 square feet. 11. There is no structure on the property. 12. An appeal in BOA 06-000022 was filed by AOAO. 13. The basis for the NOV in BOA 06-000022 was that pursuant to Hawaii County Code ("HCC") Section 25-4-4 of Chapter 25 (Zoning Code), any use not listed among the permitted uses in a Zoning District is a prohibited use with the district, except as otherwise provided for in 14. Pursuant to HCC Section 25-5-3 (Permitted Uses) of Chapter 25, a "parking lot" to service a commercial operation is not a permitted use in the single-family residential district. 15. All tlu-ee appeals came before the Board for initial hearing on August 11, 2006. 16. A Petition for Jntervention was filed by Cheryl Reis, who resides at 65 Punahele Street; Margie Gushiken, who resides at 51 Punahele Street; Kapuaokalani Andrade, who resides at 44 Punahele Street; and Louisa Yamauchi, -\vho resides at 73 Punahele Street. At the hearing, 3 000371 ® Ms. Reis asked that Adele Enomoto and her daughter Lori Enomoto who reside at the corner of Punahele and Komohana also be joined as Intervenors. 17. The Intervenors consolidated as a group and refer to themselves as the "Hui." Cheryl Reis was chosen as their representative. Board of Appeals Hearing Transcript ("TR') [datedl 8111106 at [page] 7. 18. The Board granted the Petition for Intervention. 19. Appellants ARJN and AOAO were represented by Sandra Song, Esquire, at the hearing. 20. The Planning Director was represented by Deputy Corporation Counsel, Array G. Self, at the August 11, 2006 hearing. 21. The Board heard the Hui's motion to disqualify Corporation Counsel from representing the Planning Director or the Board. The Board reviewed a letter from Corporation Counsel Lincoln S.T. Ashida, in which he stated that a Deputy from Maui Corporation Counsel would be sent to represent the Board. TR 8111106 at 8-9. 22. The Hui requested that Corporation Counsel not represent the Planning Director as well. Ms. Reis also voiced an objection to having Maui Corporation Counsel represent the Board. The Board voted to express the Hui's concerns to the Office of the Corporation Counsel but left the decision as to representation up to the Plarvzing Director. TR 8111106 at 8-12. ----23 -The second i1ay of"hear=ing washeld o -ii October i-3;-006:—Tlze Board -was represented--- ---- by James Giroux, a Deputy Corporation Counsel from Maui County. The Planning Director was represented by Deputy Corporation Counsel Bobby Jean Leithead-Todd. Appellants were represented by Sandra Song. Intervenors were represented by Cheryl Reis. 24. Appellants requested that all three appeals be consolidated because the parties are sin filar- and the issues are similar. r 1 V 4 000372 25. The basis of the request to consolidate was that two of the appeals dealt with citations ® for violations of Plan Approval and Ordinance 95-33. One was issued to ARJN, owners of the medical. building called the Rehabilitation Hospital of the Pacific located on Parcel 16. The other was issued to the AOAO (Parcel 42). Both concerned violations of Plan Approval and Ordinance 95-33 for failing to comply with certain landscaping requirements; failure to plant podocapus along the boundary of their properties and Parcel 18. The third appeal concerns the NOV for a section of Parcel 18, operation of a parking lot in a single-family residential district. Parcel 18 is owned by AOAO. TR 10/13/06 at 4. B. The Plan ninjY Department and the Violations 26. Daryn Arai is the Planning Program Manager for the Ministerial Division of the Hawai'i County Plarnning Department. TR 10113/06 at 14-15. 27. The Ministerial Division reviews and administers the requirements of the Subdivision Code and the Zoning Code. TR 10/13/06 at 14-15. 28. Mr. Arai has been with the Planning Department for 19 years. TR 10/13/06 at 15. 29. The plan approval process consists of reviewing plans to make sure that they are in conformance with all the requirements of the Zoning Code, as well as other requirements that may be encapsulated within other approvals and permits issued by the County of Hawaii ------(hereinafter-``Cotiilty-'-) T -R 011 -3 -106 -tat -1-5--j-6, 30. 13/06-at1-5--j-6.- 30. A change of zone ordinance is one type of document that the Planning Department reviews for conditions. TR 10/13/06 at 15. 31. The Planning Department reviews a change of zone ordinance and tries to ensure that subzuitted plans are fully compliant with the zoning code and change of zoning ordinance. TR 10/13/06 at 15. is 5 000373 • 32. HCC, Division 7 (Plan Approval) beginning at Section 25-2-70 deals with plan approval. HCC Sections 25-2-70 through 25-2-78. 33. An applicant submits a set of drawings showing at a minimum a detailed site plan, elevation drawings, floor plans and landscaping plans. The plans are submitted along with an application form that is provided by the Planning Department. TR 10113106 at 16. 34. The violation of the ordinance and the Plan Approval regarding Parcels 16 and 42 contends that Appellants had not maintained a continuous, heavy -planting screen buffer --not less than six feet in height --along the common borders of the adjoining residential properties on Pun ahele Street. See ZCV 06-030E, ZCV 06-029E. TR 10/13/06 25-27. 35. Although there are gaps in the screen, the primary focus of the violation was the portion of the properties adjacent to Parcel 18. TR 10113106 at 26-27. 36. As to Parcel 18, the violation was for the operation of a parking lot that serviced the commercial properties. Parcel 18 is zoned single-family residential and has no structure erected upon it. ZCV 05-095E. 37. The existence of the parking lot on Parcel 18 has had a negative effect on the surrounding and adjacent neighbors. TR 8/13/07 at 31. 38. The parking lot on Parcel 18 has been used by Adult Correctional Officers employed across the street at tl e Ha�x%ai i -Correctional -Center aiidmedical ersomel--who work at the ---- p -- commercially -zoned properties. TR 10/13/06 at 31. 39. Prior to the development of the commercial properties, the land behind the homes on Parcels 16 and 42 was covered in bushes. TR 10113106 at 32. 40. During the excavation and construction of the commercial properties, the adjoining residents experienced problems resulting from the construction. Mrs. Yamauchi stated that bees 0- from an excavated beehive invaded her home. Dust from the excavation also impacted her 6 000374 • expensive sewing equipment. When the medical building was complete, Mrs. Yamauchi went to the third floor and could see directly into the homes. Because of the building, Mrs. Yamauchi felt that she had no privacy. TR 10/13/06 at 32. 41. Since the construction, Mrs. Yamauchi has experienced "kids" who skateboard and "case" her house through gaps in the bushes. TR 10113106 at 33. 42. Mrs. Yamauchi wants more trees planted. Some of the trees have died and were not replanted with six-foot tall foliage. The trees were replaced by small plants. TR 10/13/06 at 34. 43. Mrs. Yamauchi wants some type of continuous planting screen in place. The plantings also help to block the exhaust from the vehicles at the medical complex. TR 10113106 at 34. 44. An accessory use to property must occur on the same property where the primary use occurs. HCC Section 25-1-5. 46 45: HCC Section 25-1-5 (Definitions) in the Zoning Code "Accessory use" means "a use which is custonzar^rlj? associated with and subordinate to the main or principle use and r4,hich is located on the same building site as the main or principal use. " 46. An accessory use has to be related to a permitted use of Parcel 18. Since Parcel 18 is zoned single-family residential the principal use is residential. A parking lot to service the next door commercial properties is not an accessory use of a residential property. le Zcaring continues oriFeliruary 9—.12-0-0-7.- 48. ; 200-7..- 48. Appellant AOAO closed the parking lot on Parcel 18 within 30 days of the October 13, 2006 hearing. TR 2/9107 at 3 49. With the exception of a few days, Parcel 18 has remained chained and has not been used as a parking lot since it was closed. TR 2/9107 at 3. 50. A separate NOV was issued for the days that Parcel 18 was re -opened as a parking lot. TR 2/9/07 at 3. 7 000375 51. Appellants and the Planning Department stipulated that Appellants had complied with 0 . - the requirements of corrective action for ZCV 05-095E by closing the parking lot. As to that appeal, the matter was closed, the citation would be withdrawn and no fine for that violation levied. TR 219107 at 3 52. Appellants withdrew the appeal of ZCV 05-095E. TR 2/9107 at S. 53. The settlement of ZCV 05-095E does not affect a subsequent NOV issued on the salve property for subsequently opening the parking lot up for a few days. TR 219/07 at 5. 54. Parcel 16 (BOA 06-000021) has a six -foot -tall thick landscaping buffer of podocarpus except for the corner of the parcel adjacent to the Gushiken parcel and Parcel 18. TR 219107 at 21. 55. The plans submitted to the Planning Department show a continuous planting screen Isalong the common boundary of the commercial Parcel 16 and Parcel 42 and all of the residential parcels including Parcel 18. BOA 06-000020, Record on Appeal ("ROA') at 15. 56. The purpose of the condition to provide a continuous planting screen was to protect the adjoining residential properties from the potential adverse noise and visual impacts of the commercial property next door. Ordinance 95-33, Condition B, BOA 06-000020, ROA at 4. Plan. Approi�al BOA 06-000020, ROA at 10-15. -- — 5`7� Even if -the Plaiuliiig Dir�or and the Planning-Departmei��id �ioti previously enforce ----------- the landscaping condition of the Ordinance 95-33 or the Plan Approval, the condition of a continuous planting screen along the entire border of the conunercial properties (Parcels 42 and 16) adjacent to the residential properties is still applicable to the properties as Ordinance 95-33 and Plan Approval have not been amended. ® 58. Ordinance 95-33 requires that the owner -of Parcels 16 and 42 provide a minimum six- foot -high privacy wall or landscaping buffer along the common boundaries with adjoining 000376 4., single-family residential properties for mitigating any potential adverse noise and visual impacts. Is Ordinance 95-33. 59. If a landscaping buffer was to be utilized, the ordinance required that it be a "continuous, Unbroken, heavy planting screen, no less than 6 feet in height," Ordinance 95-33. 60. Nancy Cabral, Property Manger for the subject properties, testified that a landscaping buffer had not been planted along the common boundary of Parcels 42 and 16 where Parcel 18 adjoins them. TR 219107 at I5-16. 61. Parcel 18 has underground sewer and water lines that service the conunercial properties. TR 2/9/07 at 16. 62. Parcel 16 and Parcel 42 were previously one lot. TR 2/9/07 at 18. 63. A number of certificates of occupancy have been issued over the years for various buildings and offices located within the commercial buildings. TR 2/9/07 at 14-18. ® 64. Ms. Cabral testified that the County has not previously asked that plantings be installed along the boundary of Parcel 18. TR 2/9/07 at 15-16, 18-19. 65. Ms. Cabral testified that the property owners intend to seek a rezoning change for Parcel 18 so it can be used as a parking lot for medical personnel and doctors employed at the adjacent buildings. TR 2/9/07 at 19, 22-23. ---- —=-- 66—W1ieil tlleTants-were or-i-ginally-planed-they 67. The Appellants are concerned that the root system of the podocarpus may negatively impact the retaining walls. TR 2/9/07 at 28. 68. Mr. William Yamanoha has been employed with the Planning Department since 1979. TR 2/9/07 at 33. 0 9 000377 69. The landscaping plan submitted to the County in 1997 shows a continuous planting along the border of the Parcels 16 and 42 where they share a common boundary with the adjoining residential properties, including Parcel 18. BOA 06-000020, ROA at 1-5. 70. Mr. Yamanoha signed a certificate of occupancy for Parcel 16. TR 2/9/07 at 38. 71. Mr. Yamanoha did not physically go and inspect property before signing off on certificate of occupancy. TR 219/07 at 39. 72. Mr. Yamanoha relied on the good ,faith of the contractor, Bruce Hansen. TR 2/9/07 at 36 and 39. 73. A certificate of occupancy was issued by the Department of Public Works, Building Division. TR 2/9/07 at 39. 74. Appellants (BOA 06-000021) agreed to replant to the edge of Parcel 16 within 30 days of the hearing. The County agreed to withdraw the citation and Appellants will withdraw their appeal. TR 2/9/07 at 44. 75. Hawaii Revised Statutes ("HRS") Section 46-4 (County zoning) provides that counties in the exercise of their zoning authority shall prescribe such rules and regulations and administrative procedures as it deems necessary to enforce both Section 46-4 and any ordinances enacted in accordance with the section. Zoning ordinances maybe enforced by fines and -- ----- -- --p-enaiti-es-or by -court -order -by -the -county -or -by -t -he -owner -s -of propert-y.-affected.____-_.-._ HRS Section 46-4. 76. Under HRS Section 46-4, the zoning authority is to be liberally construed in favor of the county exercising such authority. HRS Section 46-4. 77. The Hawaii County Charter ("Charter") provides that the Planning Director shall administer the subdivision and zoning ordinances and regulations adopted there under and Py erform such related duties as may be required. Charter Section 6-4.29(e). 10 000378 78. Pursuant to HCC Section 25-2-2 (Zoning Code), the Plaiming Director is charged with • enforcing all provisions of the code pertaining to land use. HCC Section. 25-2-2. 79. Pursuant to HCC Section 25-2-30 (Violations) any approval or permit issued under the zoning code must comply with all the applicable requirements of the chapter. Failure to comply with conditions imposed constitutes a violation of the chapter. HCC Section 25-2-30. 80. HCC Section 25-2-35 (Administrative enforcement) provides for administrative enforcement for any violation of the chapter. HCC Section. 25-2-35. 81. Pursuant to HCC Section 25-2-44 (Conditions on change of zone) the County Council may impose conditions upon the use of property subject to a zone change if the conditions are necessary to prevent circumstances that are adverse to the public health, safety, and welfare. The Council may also impose conditions to fulfill needs emanating from the proposed land use to protect the public from potentially deleterious effects of the proposed use. 0 HCC Section 25-2-44. 82. HCC Section 25-2-77 (Construction in conformity with plan approval) requires that every structure, development and change of use for which plan approval has been issued is required to be developed in accordance with the terms, specifications and conditions contained in the plan approval. HCC Section. 25-2-77. 83._. Pursuant to HCC Section 25-5-107 (Landscaping of yards) where aside yard of a neighborhood commercial (CN) zoned property adjoins a building site in an single-family residential (RS) 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. HCC Section 25-5-107. 84. A `Building site" is defined as a "parcel of land which is occupied or is to be occupied by a principal use and accessory uses or a building or group of buildings, and includes 0 a lot and a plot." HCC Section 25-1-5. 11 000379 85. Counsel for the Planning Director stipulated that the Planning Director would not • seek to impose a fine for the current violation but was only seeking enforcement of the condition for a continuous landscaping buffer. TR 2/9/07 at 70. II. CONCLUSIONS OF LAW 1. The Board has jurisdiction over the parties and subject matter of this appeal pursuant to Charter Section 6-10.2 and HCC Section 25-2-20. 2. HCC Section 25-2-23 provides in pertinent part: The board of appeals may affirm the decision of the director, or it may reverse or modify the decision or remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: (1) The director erred in his decision; or (2) The decision violated this chapter or other applicable law; or (3) The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted excess of discretion. 3. Pursuant to HRS Section 91-10 (5) Appellants have the burden of proof, including the burden of producing evidence as well as the burden of persuasion, and the degree or quantum of proof shall be by a preponderance of the evidence. 4. The Planning Director did not err in his decision finding the Appellant in violation of Ordinance 95-33 and Final Plan Approval as both documents require a continuous planting -------screen-aloiag-the--coinznon-boundar_y-b.et_\u_een_Parcels-L6_and 42 and the -.adjoininaresidentially n zoned properties. The Planning Director's decision did not violate this Chapter or any other applicable law. 6. The Planning Director and the Planning Department are not estopped from enforcing the conditions of Ordinance 95-33 and Final Plan Approval. 12 000380 7. The Plaiming Director's decision was not arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted excess of discretion. The Planning Director's decision was not an absence of discretion and was not a clearly warranted excess of discretion. 9. It is the Board's decision to deny the appeal of BOA 06-000020 regarding TM,'-: (3)-2-3-035-042 (ZCV 06-030 E) and uphold the decision by the Plaruiing Director that Appellants are in violation of law based upon Appellants not having met the burden of proof, including the burden of producing evidence as well as the burden of persuasion, by failing to adduce a. preponderance of the evidence, both by documentary evidence and by testimony at the contested case hearing 10. Therefore, pursuant to HCC Section 25-2-23, the Board affrrrns the decision of the Planning Director, finding Appellants in violation of the Zoning Code, Ordinance 95-33 and Plan • Approval which required a minimum six-foot high continuous landscaping buffer or privacy wall along the common border with the adjoining residentially zoned properties. III. DECISION AND ORDER Based on the foregoing Finding of Fact and Conclusions of Law, this Appeal in BOA 06-000020 (ZCV 06-030E) is hereby denied and the Planning Director's order is affirmed. DATED: 1] OCT J 8 2007 VALT . COOK, Chair Board of Appeals of the County of Hawaii 13 000381 I3t�'hY OT: l:3 A 1 JI Pana'n .:4ree. Suitc :> . i . io, Hawaii 96720 Telephone: (808) 961-82 BEFORE THE BOARD OF APPEALS COUNTY OF HAWAII In the Matter of the Appeal of ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING, Appeal of Planning Director's Decision of Notice of Violation and Order ZCV 06-030E re Ordinance 95-33 and Plan Approval, Punahoa 1st and 2nd, South Hilo, Hawaii, Tax Map Key No. (3) 2-3-035-042 Matter of the Appeal of ARJN PARTNERS, Appeal of Planning Director's Decision of Notice of Violation and Order ZCV 06-029E re Ordinance 95-33, Punahoa 1St and 2nd, South Hilo, Hawaii, Tax Map Key No. (3) 2-3-035-016 fn the Matter of the Appeal of ASSOCIATION OF APARTMENT OWNERS OF PUNAHELE PROFESSIONAL BUILDING, Appeal of Planning Director's Decision of Votice of Violation and Order ZCV 05-095E -e Ordinance 95-33 and Plan Approval, ?unahoa 1St and 2nd, South Hilo, Hawai `i, rax Map Key No. (3) 2-3-035-018 I BOA NO. 06-000020 FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER; CERTIFICATE OF SERVICE BOA NO. 06-000021 BOA NO. 06-000022 , 000382 THIS PAVE IS INTENTIONALLY LEFT BLANK 000383 • William P. Kenoi Mayor May 31, 2011 County of HawaY`i PLANNING DEPARTMENT Aupuni Center - m Pauahi Street, Suite 3 - Hilo, Hawaii 96720 Phone(808)961-8288 - Fax(808)961-8742 GELOCAG and AOAO Punahele Professional Building 287 Kanoelam Street Hilo, HI 96720 To Whom It May Concern: . BJ Leithead Todd Direcior Margaret K. Masunaga Deputy SUBJECT: "Closure Letter" due to Completion of Corrective Action and Payment of Civil Fine for a First Recurring Violation Reference: Notice of Violation and Order (First Recurring Violation) dated April 20, 2011 Complaint: Vehicle Parking Lot in a Single -Family Residential District File No: 2011-036E TMK: 2-3-035: 018 Punahoa 1St & 2"d South Hilo HI We thank you for your letter dated May 23, 2011 informing us that the gate to the subject property has been locked, as requested. Pictures have been included to support your notification and a cashier's check to the County Director of Finance in the amount of $500.00 has been submitted in payment of the civil fine assessed referenc.ed_Notice our inspector conducted a follow-up site inspection on May 25, 2011 and confirmed that the chain -linked fence gate at the entrance to the subject property remains locked. We are therefore "closing" this First Recurring Violation/Complaint file. completed the corrective action listed in our Not* You have ce of Violation and Order and have paid the assessed $500.00 civil fine. We are enclosing Planning Department Receipt No. 9959 dated May 25, 2011 as receipt of the civil fine payment of $500.00. Please be advised that in the future, if You violate Chapter 25 of the Ralvaii County Code in the same manner as stated above, upon verification by a Pianninb Haivai 'i Coia701 is an Equal Opportunity Provider and Employer 000384 GELOCAG and AOAO Punahele Professional Building Page 2 May 31, 2011 Department official, the violation will be considered as a "Second Recurring" and will be subject to an immediate fine, up to a maximum of $500 per violation. In addition, a daily fine of $300 per day may be imposed." Should you have any questions on this matter, please contact Zoning Inspector Robert Usagawa at (808) 961-8150. Sincerely, �BJ LEITHEAD TODD Planning Director RSU:nci PAwpwin60\Moose\Enf6rce 11\2011-036Eb (Closure Ur -Completion of Corrective Action & Payment of Civil fine)(GELOCAG).doc Enclosure: Planning Department Receipt No. 9959 cc: Amy Self, Esq. Mayor's Office, Attention: Mr. Kevin Dayton Amy Miwa, Legislative Assistant to Counsel Member Donald Ikeda Mr. Robert Usagawa, Zoning Inspector • 000385 • GELOCAG and AOAO Punahele Professional Building Page 3 May 31, 2011 bcc: Hala`i Kumiai 113 `Alae Street Hilo, HI 96720 -' Mrs. Cheryl R. Reis 65 Punahele Street Hilo, HI 96720 000386 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL KHIBIT 49 SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 • Cell: (808) 969-0640 E-mail: sidfuke@hawaiiantel.net May 31, 2016 Mr. Duane Kanuha, Director County Planning Department 101 Pauabi Street Hilo, Hawaii 96720 Dear Mr. Kanuha: • Planning • Variance • Zoning • Subdlvlslon • Land Use Permits • Environmental Reports Sitibject: Rezoning A.ppUcati.ont (REZ 14-000175) — Halo Medical Center As you may be aware, this application has been deferred at the applicant's request to enable the applicant and/or the landowner to discuss and hopefully reach an understanding with two (2) adjoining property owners (1VIs. Cheryl Reis and Mrs. Marjorie Gushiken). Although considerable progress has been made to identify aud-address their concerns, a memorandum of understanding unfortunately could not be consunimated. The discussions were essentially between Ms. Reis, the spokesperson for both property owners, and this office. Based on these discussions, the proposed mitigations to address or • mollify their concerns are outlined in the attached draft of a Memorandum of Agreement ("MOA"). This MOA was developed by the landowner and subsequently shared with Ms. Reis. However, no progress has been made since then, and the -MOA regrettably remains unconsummated as of this date. There is no telling whether one can or will ever be reached. Accordingly, the applicant respectfully requests that your office finalize your review of the pending application and Schedule it for your meeting of July 7, 2016- During the interim, however, the applicant will continue to see whether a MOA can still be reached_ Notwithstanding the absence of an executed MOA, the applicant is still prepared to accept: most of the conditions outlined in the draft MOA. If the request were favorably considered, the applicant understands that there may be an issue regarding the appropriateness of incorporating some of the conditions outlined in the draft MOA as part of the rezoning ordinance. Given that, .the applicant would like to note that: a Proposed conditions (A-2 to A-4) relate to design and not use restrictions and thus could be deemed appropriate in the rezoning ordinance; b. Restricting the site for only parking and -prohibiting uses otherwise permitted in the CN zoning may be questionable. As such, the applicant would be willing to accept a condition where, prior to issuance of Plan Approval for any non -parking lot use, the Windward Planning Commission be asked to provide comments on the new use and ® recommend appropriate mitigation (such as setback, hours of use, landscaping, etc.) for the Planning Director's consideration; 000387 Mr. Duane Kanuha, Director May 31, 2016 Page 2 c. The applicant/landowner is still prepared to adhere to proposed condition A-5 relating to constructing additional landscaping barriers along the common boundaries of all parties; and d. Finally., with respect to proposed condition B, that would be applicable only if a M®U is executed. Nevertheless, the applicant and landowner intend to earnestly and responsibly comply with the terms of all conditions of the rezoning ordinance so as to obviate the need for the neighbors to pursue their independent enforcement. Should you have further questions or comments on this matter, please feel free to contact me. Thank you very much. insw\ c rely SIDNEY . FUKE planning Consultant Enclosure Copy — Hilo Medical Center w/ enclosure via email GELGCAG w/ enclosure via email Ms. Cheryl Reis w/ enclosure Mrs. Marjorie Gushiken w/ enclosure 'i 000388 E 0 • IMMMORANDUM OF AGREEMENT WBEREAS, GELOCAe is the Owner of Tax Map Key: (3)2-3-035:01'8, Which is situated between the Reis and Gushiken properties; and WHEREAS, GELOCAG is seeking to rezone said lot to be used as a parking lot for the benefit of the ASSOCIATION OF APART&IN . T OWNERS of the Puuhonu Professional Building's employees and staff; and WIJEREAS, in order to support the.ypzoning which is being sought, Mrs. Reis and-lqxs. Gushiken would like to seeC--&diti! - .' Ons placed on the property to assure its reasonable use; and VaMREAS, to ensure compliance with these terms, an escrow fund will be set up. that may be used to r'C13aedy_a-qy-su&3i:iqoladDw -of the conditions. NOW, IHEWO.RE,flhe_parti s-agre f e�g�. ollows: A- That the following conditions shall be incorporated for its use: 1) iJs Property, m -spite Of its CN zoning, shall be restrictedt6't T 'oi in OdNrbd f -'O_bIY,s6ff and employees of businesses situated QU,TMX-;2-.z&:035`;-035:. 042aiid X37. 2) There shall be no vehicular. connection between the subject property. and . TMK: 2-3-03 5: 042, 3) -There. shall be a gate at *the site's entrance from Pmahele -Street that, would be opened no earlier than 6:00 am. and " ' daily. closed no later than 6:30 pm., • 4) ..-Thibre shall be a sign(s) posted within the parking lot that prohibits reverse parking, excessive vehicular idling, and loitering and outlines enforcenient or penalty Provision as well as time and use limitations, 5) -After consultation with Mrs. Reis and Mrs. Gushiken, construct and implement a landscaping barrier such as a solid fence or vegetative barrier between TMK_ 2-3-035: 018 and along their respective common property boundaries. Said barrier shall be installed prior to the subject site's use as a parking lot. B. Xu order to ensure compliance with the above conditions, CTELOCAG and 'AO_ AO Of PuuhOlau Professional -Building, its successors or assigns, shall create an escrow fund of $5,000.00, which (ands could be used by Mrs. Reis/Mrs. Gushiken to ensure enforcement with the above conditions, should attempts to correct or enforce the conditions set forth above not be complied with. - 000389 C. An Administrator of the fund, to be mutually selected, shall be named who will be responsible for taking the complaints, insuring reasonable compliance, and if it is determined that noncompliance is taking place, may authorize the use of the fund to ensure compliance with the above conditions, to include legal action to ensure compliance. D. Should the funds be depleted because of noncompliance by GELOCAG or AOAO of Puuhonu Professional Building, its successors, assigns, tenants, staff or .employees, where the Administrator has authorized the use of the escrow fund to ensure compliance, the fund will be replenished to its $5,000 limit. E. This agreement shall continue for a period of ten (10) years or until Mrs. Reis or Mrs. Gushiken, their heirs or assigns, no longer have an interest in the property, whichever comes first. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this day.of , 2015. GELOCAG By CHERYL R. REIS MARJORIE M. GUSHIKEN ASSOCIATION. OF APARTMENT OWNERS OF PUUHONU PROFESSIONAL BUILDING By 10011*111 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 :EQUEST FOR DENIAL XHIBIT 50 Vno • • • 000391 rviBC$ix.3/bii%%Y%'��sxi&��p;bY�G(f4,�� ,��,��bi�"S.4 af:Y4&5�%k4 <fi��k ,k82kW°a�kfY14 '�"Y'kAW�.&ri^i�Ol.% P,kGk%A,p�'W'C � &etR $1.Fk3L.�iP��,WAE�(k!%��$�'�GE��A/ipEkkMikb%%E&eY1$>PYr:$Ay,4�kk4�N&bk�K;Hnu &W.G HiFYXG.(gryi k 4k+hAE#4K#,? � &.k#4�4�/µK�o�BRb Y.kR HXoygwkk ZYkK�,*.K k :��t�se �♦ u�sum�kkux��u�n arm:r��wr�,masw�cc��rek�kre�s�,rr�a�.K;axu�� ww mar �aaau anti uuw 1� .�y/fkh �YGYY/i9i4���q�Yd9Y,kfi5Nli%&tlFt4$b H✓F$iK%$Y�9FW,$#& 2�!$,YYYKk LW&$1k#iYHiNWK&W:f x,.3-kk �.k ��•R6�Kkta" N kw �� � S ��1#4&1k9X$//y kH§{,q�#%#H ZFcAt%iBWi"HS$YFkrK�$i��f4��K£lG .Y: �k%f3Y✓tafjXiffiX04.60& klaK4YKg %4 &����Ig2r� k ��AG42kGWYl�4!mHk$ Hbko,SKk9E�£e YGk4i�� K� # k.#3k0sk&.uibikH y Hi.6%aaxz.+Sk n ,;. uH tt exku. tiyriy _ H K k a kv e a. K $5H k k y �k K f4 k/6.f� HiK 9 H riiK OHR kKb Kk��x - k � 9 . k gAu� 9. %pi4U .k N x�x£Yii/kfi@k k�6 K R � kk K k Ir � O // kk fi /'k/b /// 4fits ZbvHi§�HkW 4 �k$fi'#fK1i6'H Vona, gypu u iu • • • 000393 0 C7 0 • 000394 CHANGE OF ZONE APPLICATION 51 (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 51 11 • 1118141910IN 4M, 7a Or U • E 000400 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 52 0 000401 C] • • 000402 • • r: 000403 ul • 000404 • 000405 • {`II1 I� 7I ylf i `Vi I ` i i I iltl'' d 000406 C] • r: 000407 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 53 �F s14' mop E r ( 1/+ 1 Y t 4(- i' 'Xl ' .o _ .r, .' h�.�i�L'`.o`nC'fiik�'�'. ._em.�'3Si. ��"' n•>� err_,. ,,. ., RAO q s r'., it � l f7r iks low AA -'+t;: rx", N,�� Y k VIN MATT j 'r YLcEy� Ef ..���• 's .:,. i`.(iaV� � i.�.. e'. —wi, jr.�.r�r- i_-_ � Vii. y t' 4� — " r �, F .�., sp+" y �, CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER 0 REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 54 � � ,.,. ti�%"� " .,. ti� � � t �y �� �r � �' � ' .� ._ �.. � �'�,z ���:��� � �. ,r .. ��: t, �1 4.. _ _ � � � n � ,. � " . �� CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 � TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 55 a 4 Jl� �l iE W.: Iss CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 5b REQUEST FOR DENIAL EXHIBIT 56 iw 3 pan 11 • 1- • • 000415 C • • 000416 • • • 000417 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL 57 EXHIBIT 57 lob • • • 000419 • 000420 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 58 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL Z� EXHIBIT 59 Ak" - 10 IOAML' 01, 13 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL m EXHIBIT 60 • • .7 000424 4 777 Spot i / I� ' AIA � o• a. up ti+zi ..y�.+'^�'*_• �y T�� A ,•.R.+.` `{t „'� _<< wiz � � � .off m 'tri¢ y.ca,A�. , w. 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"'°rte► r" 4 777 Spot i / I� ' AIA � o• a. up ti+zi CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 61 &I FIR CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 62 (*z • tm spar ''ent P-Mmu 24 2M- } e� . - �ittxs��ui��cc4itx 4i,ctaarcaa1: lift 1,alt:�iasxtru�t..��s�3��4 ��i�F-s.":�#r�a� ��ths t.:��tri�z� �s Tv��a# '�-3=�f� �t zte a�.���4b�x�: �4a� ��. �'Pait� #:.'•x.�°�ra��a. ssi ,a,+- asr�ss. �i �tcr E�tt as �, r. a fIR*erInfO#A0ftII is as apdv^% a Ye s<c£`° "" .�,r?i� �§T viae `TS§"iZ i3si3i3`:3Fs1Siti mbF F2aL+Taa€r8 Ott 6{fY ai Fs r O sl ` t s' t..L is a a t 'G t }�Qr"t #� s� ZoM r w �:k' ��...."'tr3� `.�` :;•':E"'c"��Sa °'i$3"'.w s� a 000427 • • 000428 • • - 000429 • • • 000430 • • • 000431 k w Zoning 8 jARoO4111 1cl#a'WiaillwaI, WI 14'atuii Ntacat Suitt azltti6�.tttas�c t<a 'isA E#. k'. .iIi Sei8i7 isls+ta 3'fait',$ ts,c3 °fi'�. C1scc. raittss- iBtias 141 it 0014s;24-3110 �axr ------------- r NOW ftum. awress-and that we can contact you #flttrtWsformall art ii,- needed. Aq -arnij _ .,. _ t. .. . CU no Property d s t d1steumft featureis won R ftle, et thof taedwas ft PMPKW? RM ,Rats tiled to resolve this fxobi= WAhthev4or2-4or bofota sftlra ° belp? V os f It . M-2000 lain wily it f +�z1t _. Propany Tax Map Key ._ ( rnn1 Pioperty,east 1 :-_T C .... _......M. 'JI-ot-alor (s) Full NO-rilp- Cif 1,Nf utd, v 1-t tl ! wpi6dfar E Oi ? §° s; No: Q tt Q ®e — 1,rsa4m:a i'4se e rserxfirrfr fg' C. '�' �" �kue 31R�zs y? 1:w+w�1s;r§a"."x`isi'I? i:8«�».�-.m; t"'��cs=w� �.,..z» -i�":sa..�L�r.,..: v .�.; s -a: F x. n?? _•CY;`.ae''.t"a��.sz.�x_"av g"y,.�eY s: 2'.�€rza a �'�d :r.4-31WO",PM€:S,rrlcsF4tx{%'1�1.'B�tSE%a?31c1e14:i�SL^.fl€SS�W1a?��4r'^lE 0 000432 • • • 000433 • • 000434 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 63 • • • §11-60. 1-33 (4) Covering all movingr open -bodied trucks transporting materials which may result in fugitive dust; (3) Conducting agricultural, operations, such s tilling of land and the appl cation o fertilizers, in such :manner as to reasonably minimize fugitive dust (6) Maintenance of roadways in a clean manner; and. (7) Prompt removal, of earth or ether materials from paved streets which have been: transported there by truck:ingr -moving equipment, erosion, or other means. (b) Except for persons engaged in agricultural. Operations or persons who can demonstrate to' the director that the. best "practical operation or treatment is being implemented, no person shall cause or permit the dischargeof visible fugitive dint beyond the property to lire on which the fugitive dust originates. Eff 1.1./26/93; corp 1.0/26/98,• comp /1.3/'1; camp 11,/1.4/03; camp 1/1.3/12; comp 6/30/14 1 (Ruth, HRS 9§342B-3, 342B-12,. 42 U.S.C. §§7407, 7416) (Imp: HRS §§342B-3, 34213-12; 42 '. S,. §§74071 7416) Historical note. §11-E E .1-33 is based substantially uPOn §11- i- (off 11129/82; azo, ren and corp 4/14/86; art and comp ' 6/29/92; R 11/26/93)' §11-60..1 34 Motor vehicles. (a) No person: shall operate a gasoline -powered motor 'vehicle which emits visible smoke while upon streets, roads, or highways. (b) No person shall, operate a diesel -powered motor vehicle which emits visible smoke for a period of more than five consecutive seconds while U*Don streets, roads, or highways. (c) No person shall cause, suffer, or allow any engine to be it operation while the motor vehicle is stationary at a loading zone, parking or servicing 60.1-42 000435 §11-60,1-35 .area, route terminal, or other off street areas, .except., (.1) During adjustment or repair of the engine at, a garage or similar place of repair; (2) During operation of ready -mix trucks, cranes, hoists, and certain bulk carriers, or other auxiliary equipment built onto the vehicle or equipment that r equire power take -off from the engine, provided I that there is no visible discharge of smoke . and the equipment is being used aid operated for the purposes as originally desig situ intended. 'his exception shall not apply to operations of air conditioning:equip-ment or systems; (3) During the. loadi or unloadingof Passengers, not to exceed three minutes; and (4) During the buildup of pressure at the start- up and cooling down at the closingdown of the engine for a period ofn6t mor I e than three minutes. (d) No person shall remove, dismaintle, fail to Suittain, or otherwise cause to be inoperative any Ipment or feature constituting an operational element of the air pollution control system or mechanism of a motor vehi.claas required by the provisions of the Act except as permitto ed r authorized by law. [Eff 1.1/26/93, 'cokn 10/26/98,- comp 9/15/01,2. comp 11/14/03; comp 1/13112; comp 6/30/14 (Auth.-. HRS §§342BI-3, 342B-12,- 42 U.S.C. §§7407, 7416) (imp,*.* HRS §§342B"3, 342B-12; U.,S.C. §§7407, 7416) Hi ' storical note: §1,1-60.1-34 is,based substantially Upon, §11-60-4. [Eff 11/29/82; as ren §11-60-4 and. comp 4/14.9.6; am and comp, 6129/92; R 11/26,/931 §11760.1735 Incineration., (a), No person shall cause or permit the emissions Of Particulate matter to exceed .0.20 pounds per one hundred pounds (two grams per kil.ogram,) of refuse charged from any incinerator 60.1-43 000436 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 64 &- 0 • • 000437 0 0 V�l The HDDV culu,mn represents the averagge of all. diesel. engine vehicles over 8,500 lb gross ve- hicle weight (M.'W); this catcoorl, is dominate d by the heaviest If DDVs (GVW Classes Vllla and VlIlb) wkick exceed 33,000 lb OVW Table 1: Averagp Idle Ernission Rates by Pollutant and Vehicle *11;y�pO - Table 2 present,-,, RDDV idle emission rates by -weight class. The GVW weight classes ate: Heavy -Duty Dies;ellvlehicle Classifications (Gross. Mehicle Nktight) Ilb: 8,501-7 0,000 lb (e.&, ful ksize pick-up trucks, very large passenger vans) III: 10"00 1-14,'000 lb (e -g., panel trucks, small enclosed delivery trucks)' IV: 14;001-16,0001 - b (e.g.; city delivery trucks', landscape utility trucks) V, 1(�,001.-] %500 Ili (e.g., bucket utility trucks, large Nvalk-in delivery truck -S) Vi: 19,501-26,000 lb (e.g., rack trucks- single axle vans) VII: 2-6,001-33,000 lb (e.g., tow trucks, garbage collection trucks' Villa: 33`;001-60.000 (b (e.g., long-flaul semi -tractor trailer rigs) V111b: > 60,000 lb (e.g., long-haul semi -tractor trailer rigs) zn 000438 4, Pollutant UnitsTLDGV LDGT HDGV LDDV LDDT HDDV IM C g/hr 2.683 4.043 6.495 1373 2.720 .3A55 19.153 VOC g/twin 0.045 0.067 0.108 0.023 0.045 0.058 0.319 g/�Ilr 3.163 4.83 :�S 7.260 1,353 2.680 3.503 21J.15 THC g/rain 0.053 0.081 0.121 0,023 0.045 0.0158 0.352 g/ . fir 71.225 72.725 151.900 7.0-1.8 5.853 25.628 301.075 CO g g/min 1.187 1.212 2.532 0.117 0.098 0.427 5.018 9lir 3.515 4.065 5-330 2.690 3..705 33,763 1.625 NOx glutin 0.059 0.068 0,089 0.045 0.062 0.563 0.027 ,a/hr NW N/A' -N'kA I NIA' NIA' 1.100 NW PM 15 ID - glutin N/A' NW N/A' NIA' NIA.' 0.018 VAI NIA' N/A' WTAI NIA' NW 1.1196 N/A' PMgrhr 10 glu-tin NI/Al NW NW NIA' NW 0.020 N/A Table 2 present,-,, RDDV idle emission rates by -weight class. The GVW weight classes ate: Heavy -Duty Dies;ellvlehicle Classifications (Gross. Mehicle Nktight) Ilb: 8,501-7 0,000 lb (e.&, ful ksize pick-up trucks, very large passenger vans) III: 10"00 1-14,'000 lb (e -g., panel trucks, small enclosed delivery trucks)' IV: 14;001-16,0001 - b (e.g.; city delivery trucks', landscape utility trucks) V, 1(�,001.-] %500 Ili (e.g., bucket utility trucks, large Nvalk-in delivery truck -S) Vi: 19,501-26,000 lb (e.g., rack trucks- single axle vans) VII: 2-6,001-33,000 lb (e.g., tow trucks, garbage collection trucks' Villa: 33`;001-60.000 (b (e.g., long-flaul semi -tractor trailer rigs) V111b: > 60,000 lb (e.g., long-haul semi -tractor trailer rigs) zn 000438 4, 8haurdayrx4�i _ 480mfnut s/day days a wank Z4fl0 mluuts ''Verage 5car! idle in morning for @15 mi:1.N.N.._. ,•m 150 minutes v. Ove'rare 10 cars S,d1e at lunch for @ ?.Amin 2RO minutes a-taz e 5 cars idle after work for @ 10 min - 50 minutes i asstrmo� care ran truck rar4tlV�S Ptr week 2000 minutes CO Carron frss�nex�Stie dOC Yalatile arRan c Canipaarnds .a4S/drama, TJTTiL PrJ1.fPiDS PER yEeiF{ >x> 0 0 0 A W 10.3025 Double the N of vi .04. CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 65 Irs 000440 Ms. Lori Enomoto requests that o,. deny rezoning request • • 000441 October , `fid Lori Kazurni Enr mntrs 79 PdflahelleStreet -i';. 96720 Dem Enomota, I ti p,- .. hal h Wndb �Yr €. i Anregards to their rc r t € re-ZOnc their lot d Wrz. t c street from you to allow for parking, The Association Owners is')'nadupofmany u ncrsho' proviOe medical, seris s in our corn nunity. Un orftrntely' dere to..the population growth in our community, business is hucrnincar our medical providers. With this growth is the, aced formore me king at the Punah is Professional building. F punahelc professional Building is allowed to use this frit for p Ding the Association agrees to: i Install a vinyl fence between thetack ofyour lot, and the, currerrit paficing lot in order to better provide. privacy to your lot. 2 Only use the new parking arca during working hourhoun only, Monday thru Friday. 3 Provide security pdr the area during,thenights, said wee end In short the Punahele Professional Buildingsscci tion of'0� ers wants very mucii tc vrork wjjh y u, dor neighbors.:'mac arc putties the. abave,"Acrasin writing i . o d r to assure you of r commit itent to v ur with our neighbors, We idqud6t,your support the Punahele 'rofessiur luildingg Association- of Owners in its efforts o provide moit parking aind ood medical cam for the.,people'of Hawaii. • 000442 CHANGE OF ZONE APPLICATION (REZ 14-000175) HILO MEDICAL CENTER REQUEST: RS -7.5 TO CN -7.5 TMK; (3) 2-3-035:18 REQUEST FOR DENIAL EXHIBIT 66 ml- :7 Cathv L. Ta ase 209-6 ifazvaihae St. Honolulu, HI 96825 November 1, 2010 Mrs. Mario G-ushi.ken 1 Punahele Street Hilo, ilavvaii 96720 dear lU s. G-ushiken- 'p=ry brothers and sister and I own the vacant property next to yours. I ani writing to you about the excavation done at the side of your lot adjacent to our property=. :Because the retaining wall does not appear to meet the County Code, we assume that the excavation was done without a permit. We would like to work with you to resolve this issue because it will be raised should either your property or ours be transferred to new owners, and because we cannot build anything on our property with the current, deficient retaining wall. We have sought an informal quote on how much a retaining wall that meets Code, will cost and were given a figure of roughly $7,000, We note, however, that the County may, require the use of a professional engineer to design the wall if it roust be over six feet, and that this was not included in the rough estimate given. We would like to propose that we find a contractor to draft plans that can be used by you in correcting the retaining wall and by us in seeking a building permit for our property. We believe that this will help minimize the cost to you in building a proper retaining wall for the excavation that was done to your property. .please let us know your thoughts on this matter.. If you aro agreeable, we will assist you in working with the Building Department, and will handle the logistics and the retention of the contractor. Of course, we will inform you when we find out exactly what the Building Department requires and get a final quote for the cost of the retaining wall. Please feel free to calf me at (803) 396-8089 if you would like to discuss this matter, or let me know if you would like to meet in person instead. We would appreciate hearing from you in the nest few weeks. We Dope that we can work. together on remedying this problem to make it as ease and economical as possible for you and for us. Very truly, Tours; Cathy Takase 000443